Bill Text: CA AB3080 | 2023-2024 | Regular Session | Amended
Bill Title: The Parent’s Accountability and Child Protection Act.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed) 2024-07-03 - From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (July 2). [AB3080 Detail]
Download: California-2023-AB3080-Amended.html
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Amended
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May 02, 2024 |
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Amended
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April 18, 2024 |
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March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3080
| Introduced by Assembly (Coauthors: Senators Niello and Rubio) |
February 16, 2024 |
An act to amend Section 1798.99.1 of the Civil Code, relating to consumer protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 3080, as amended, Alanis.
The Parent’s Accountability and Child Protection Act.
Existing law, the Parent’s Accountability and Child Protection Act, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser. The act provides that reasonable steps include, but are not limited to, any of specified options, including requiring the user to input, scan, provide, or display a government-issued identification, as specified. The act prohibits any person or business required to comply with the provisions of the act from retaining, using, or disclosing any information it receives from a purchaser or recipient in an effort to verify age under the provisions of the act.
This bill would expand the above-described provisions to require a person or business that conducts business in California and seeks to sell or make available products
or services that are illegal to make available to minors, as specified, to take reasonable steps to ensure that the purchaser
or user, as defined, is of legal age at the time of purchase or delivery. access, purchase, or delivery, as applicable. The bill would provide that reasonable steps include, but are not limited to, any of the following: (1) of specified options, including requiring the user or purchaser to input, scan, provide, or display a government-issued identification, as specified, (2) requiring the user to use a nonprepaid credit card or debit card for online access, or (3) implementing a system that enables only individuals with accounts designated as adult accounts to access the internet website.
specified. The bill would expand the above-described prohibition against retention, use, or disclosure to apply to a person or business that conducts business in California and that seeks to make available products that are illegal to make available to minors and would require the business or person to ensure that the reasonable step is designed to anonymize a user’s identity and is incapable of being used to create a record of the user’s online activity.
This bill would also delete an obsolete provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1798.99.1 of the Civil Code is amended to read:1798.99.1.
(a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c),(2) A person
or business that conducts business in California, and that seeks to make available a product in California that is illegal under state law to make available to a minor, as described in subdivision (d), shall, notwithstanding any general term or condition, take reasonable steps to ensure the user is of legal age at the time of access, including, but not limited to, verifying the age of the user.
(2)
(3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.
(B) Requiring the purchaser to use a nonprepaid credit card for an online purchase.
(C) Implementing a system that restricts individuals with accounts
designated as minor accounts from purchasing the products listed in subdivision (b).
(D) Shipping the product or service to an individual who is of legal age.
(3)
(4) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following:
(A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.
(B) Shipping the product or service to an individual who is of legal age.
(4)
(5) (A) Reasonable steps as used in paragraph (1) (2) for the provision of a product described in subdivision (d) include, but are not limited to, any of the following:
(A)
(i) Requiring the user to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code.
(B)
(ii) Requiring the user to use a nonprepaid credit card or debit card for online access.
(C)
(iii) Implementing a system that enables only individuals with accounts designated as adult accounts to access the internet website.
(B) A person or business required to comply with paragraph (2) shall ensure that the reasonable step
is designed to anonymize a user’s identity and is incapable of being used to create a record of the user’s online activity.
(5)
(6) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor.
(6)
(7) A seller’s reasonable and good faith reliance
on bona fide evidence of the purchaser or recipient’s age shall constitute an affirmative defense to any action under this subdivision.
(7)
(8) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order.
(9) For purposes of this subdivision, “user” means a person who intends to access a product in California that is illegal under state law to make available to a minor, as described in subdivision (d).
(b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:
(1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code.
(3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the
Health and Safety Code.
(4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code.
(5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code.
(6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code.
(c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following:
(1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of
the Penal Code.
(2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code.
(3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code.
(4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code.
(5) Electronic cigarettes, as referenced in Section
119406 of the Health and Safety Code.
(6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code.
(d) (1) Products that are illegal to make available to minors include pornographic internet websites.
(2) (A) “Pornographic internet website” means an internet website on which the owner of the internet website, for commercial gain, knowingly publishes sexually explicit content that, on an annual basis, exceeds one-third of the contents published on the internet website.
(B) “Sexually explicit content” means visual imagery of an individual or individuals engaging in an act of masturbation, sexual intercourse, oral copulation, or other overtly sexual conduct that, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(e) In an action brought by a public prosecutor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation.
(f) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of
personal information or age verification.
(g) For purposes of this section, a government-issued identification means any of the following:
(1) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operator’s license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person.
(2) A valid passport issued by the United States or by a foreign government.
(3) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person.
(4) A valid consular identification document.
(5) An identification card issued by a federally recognized tribal government.
