Bill Text: CA AB459 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Peace officers: Attorney General: reports.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB459 Detail]

Download: California-2023-AB459-Amended.html

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Amended  IN  Senate  September 13, 2023

Amended  IN  Assembly  April 13, 2023

Amended  IN  Assembly  March 23, 2023

Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 459

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Introduced by Assembly Member Haney Kalra
(Principal coauthor: Assembly Member Haney)

February 06, 2023

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An act to add Section 5846.5 to the Welfare and Institutions Code, relating to behavioral health. 927 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 459, as amended, Haney Kalra. California Behavioral Health Outcomes and Accountability Review. Contracts against public policy: personal or professional services: digital replicas.

Existing law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. Existing law provides that certain contractual agreements between an employer and employee are against public policy, including specified provisions affecting an employee’s membership in a labor organization and the protection of state law in employment. Under existing law, enforcement of state labor laws is generally committed to the Division of Labor Standards Enforcement within the Department of Industrial Relations, under the direction of the Labor Commissioner.

This bill would provide that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and deemed unconscionable if the provision meets specified conditions relating to the use of a digital replica of the voice or likeness of an individual in lieu of the work of the individual or to train a generative artificial intelligence system. The bill would provide that it shall apply retroactively. The bill would require any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing such a provision, by February 1, 2024, to notify that individual in writing that the provision is unenforceable.

Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for persons with mental disorders in every county through locally administered and locally controlled community mental health programs.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 in the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs, including prevention and early intervention programs.

This bill would require the California Health and Human Services Agency, by July 1, 2026, to establish the California Behavioral Health Outcomes and Accountability Review (CBH-OAR), consisting of performance indicators, county self-assessments, and county and health plan improvement plans, to facilitate an accountability system that fosters continuous quality improvement in county and commercial behavioral health services and in the collection and dissemination of best practices in service delivery by the agency. The bill would require the agency to convene a workgroup, as specified, to establish a workplan by which the CBH-OAR shall be conducted. The bill would require the agency to establish specific process measures and uniform elements for the county and health plan improvement plan updates. The bill would require the agency to report to the Legislature, as specified. By imposing new requirements on counties, this bill would impose a state-mandated local program.

This bill would require the agency to request the University of California to enter into a contract with the state to provide specific services, including preparing an analysis of how data pertaining to the provision of behavioral health services and client outcomes collected by the counties and health plans may be used to demonstrate the impact of services on life outcomes. The bill would require the analysis to be delivered to the agency, the Legislature, and the workgroup on or before July 1, 2026.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 927 is added to the Labor Code, to read:

927.

 (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unconscionable and subject to Section 1670.5 of the Civil Code if the provision meets all of the following conditions:

(1) The provision allows for the creation and use of a digital replica of the individual’s voice or likeness in place of work the individual would otherwise have performed in person or allows for the use of the individual’s voice and likeness to train a generative artificial intelligence system.

(2) The provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system.

(3) The individual was not represented in either of the following manners:

(A) Represented by legal counsel who negotiated on behalf of the individual licensing their digital replica rights and the licensing terms exist in a standalone written agreement.

(B) Represented by a labor union representing workers who do the proposed work and the terms of their collective bargaining agreement expressly covers uses of digital replicas and generative artificial intelligence systems.

(b) This section shall apply retroactively.

(c) Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subdivision (a), by February 1, 2024, shall notify that individual in writing that the provision is unenforceable.