Bill Text: CA SB764 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Minors: online platforms.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-06-25 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR. [SB764 Detail]

Download: California-2023-SB764-Amended.html

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Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 764

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Introduced by Senator Padilla

February 17, 2023

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An act to amend Section 106.5 of the Business and Professions add Section 1714.12 to the Civil Code, relating to the Department of Consumer Affairs. social media platforms.

LEGISLATIVE COUNSEL'S DIGEST

SB 764, as amended, Padilla. Department of Consumer Affairs: regulatory boards: removal of board members. Social media platforms: minor users: civil penalties.

Existing law, the California Age-Appropriate Design Code Act, which, commencing July 1, 2024, requires a business that provides an online service, product, or feature likely to be accessed by children to comply with specified requirements. The act prohibits a business that provides an online service, product, or feature likely to be accessed by children from taking proscribed action, including using the personal information of any child in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child. The act authorizes the Attorney General to seek an injunction or civil penalty against any business that violates its provisions and holds violators liable for a civil penalties, as specified. The act defines various terms for these purposes.

This bill would prohibit a social media platform, as defined, from adopting or implementing a policy or practice related to the targeting of content to minors that prioritizes user engagement, as defined, of minor users with the platform over the safety, health, and well-being of the minor users if the social media platform knows or, in the exercise or ordinary care, should know that prioritizing the user engagement of minor users with the platform over the safety, health, and well-being of the minor users has caused harm to minor users or it is reasonably foreseeable that it will cause harm to minor users. The bill would make a knowing violation of these provisions punishable by civil penalty of not more than $100,000,000 per minor user of the social media platform, and any other violation of these provisions punishable by a civil penalty of not more than $250,000 per minor user of the social media platform, with any penalties, fees, and expenses recovered in these actions to be deposited in the General Fund. The bill would require these civil penalties to be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General. In an action under these provisions, the bill would authorize a court, at the Attorney General’s request, to order regular inspection of a social media platform found to have violated these provisions, as specified.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the appointing authority to remove from office any member of any board within the department appointed by them for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law authorizes the Governor to remove a member of a board or other licensing entity in the department from office if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity's next examination and directly or indirectly discloses those questions in advance of or during the examination to any exam applicant.

This bill would instead authorize the appointing authority to remove a member that discloses questions in advance of or during an examination, as described above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 1714.12 is added to the Civil Code, to read:

1714.12.

 (a) A social media platform shall not adopt or implement a policy or practice related to the targeting of content to minors that prioritizes user engagement of minor users with the platform over the safety, health, and well-being of the minor users if the social media platform knows or, in the exercise of ordinary care, should know that prioritizing the user engagement of minor users with the platform over the safety, health, and well-being of the minor users has caused harm to minor users or it is reasonably foreseeable that it will cause harm to minor users.

(b) A social media platform that knowingly violates subdivision (a) shall be liable for a civil penalty of not more than one million dollars ($1,000,000) per minor user of the social media platform.

(c) A social media platform that violates subdivision (a) other than knowingly shall be liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000) per minor user of the social media platform.

(d) A civil penalty under this section shall be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General.

(e) In an action under this section, the court may, at the Attorney General’s request, order regular inspections of a social media platform found to have violated subdivision (a) by an independent auditor appointed by the Attorney General to monitor and validate the social media platform’s compliance with subdivision (a).

(f) Any penalties, fees, and expenses recovered in an action under this section shall be deposited in the General Fund.

(g) For purposes of this section, the following definitions apply:

(1) “Social media platform” has the same meaning as defined in Section 22675 of the Business and Professions Code.

(2) “User engagement” means a measure of how much users are actively participating with the platform, including, but not limited to, clicking or tapping on links, leaving comments, time spent on the platform, and sharing content.

SECTION 1.Section 106.5 of the Business and Professions Code is amended to read:

106.5.

Notwithstanding any other provision of law, the appointing authority may remove from office a member of a board or other licensing entity in the department if it is shown that the member has knowledge of the specific questions to be asked on the licensing entity’s next examination and directly or indirectly discloses the question or questions in advance of or during the examination to any applicant for that examination.

The proceedings for removal shall be conducted in accordance with the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the appointing authority shall have all the powers granted therein.