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SB-1001 Bots: disclosure.(2017-2018)

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Date Published: 03/14/2018 09:00 PM
SB1001:v98#DOCUMENT

Amended  IN  Senate  March 14, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1001


Introduced by Senator Hertzberg

February 05, 2018


An act to amend Section 23104.1 of the Business and Professions Code, relating to alcoholic beverages. add Chapter 6 (commencing with Section 17940) to Part 3 of Division 7 of the Business and Professions Code, relating to bots.


LEGISLATIVE COUNSEL'S DIGEST


SB 1001, as amended, Hertzberg. Alcoholic beverages: retailer’s return of wine. Bots: disclosure.
Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising.
This bill would make it unlawful for any person to use a bot, as defined, to communicate or interact with natural persons in California online, with the intention of misleading and without clearly and conspicuously disclosing that the bot is not a natural person. The bill would require an online platform to enable users to report violations of this prohibition, to respond to the reports, and to provide the Attorney General with specified related information.

The Alcoholic Beverage Control Act authorizes a retailer to return wine to a seller and the seller may accept the return of wine, except that the seller may not sell wine to the retailer for one year, unless the wine was returned under specified circumstances.

This bill would make nonsubstantive changes to this provision.

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

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


SECTION 1.

 Chapter 6 (commencing with Section 17940) is added to Part 3 of Division 7 of the Business and Professions Code, to read:
CHAPTER  6. Bots

17940.
 For purposes of this chapter:
(a) “Bot” means a machine, device, computer program, or other computer software that is designed to mimic or behave like a natural person such that a reasonable natural person is unable to discern its artificial identity.
(b) “Online” means any public-facing Internet Web site, web application, or digital application, including a social network or publication.
(c) “Online platform” means any public-facing Internet Web site, web application, or digital application, including a social network or publication, that has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.
(d) “Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof.

17941.
 (a) It shall be unlawful for any person to use a bot to communicate or interact with natural persons in California online, with the intention of misleading and without clearly and conspicuously disclosing that the bot is not a natural person.
(b) The disclosure required by this chapter shall be clear and conspicuous to all natural persons with whom the bot communicates or interacts.
(c) A statement shall be considered a disclosure that a bot is not a person if it includes language stating the bot “is a bot” or is “auto-generated.”

17942.
 (a) An online platform shall enable users to identify and report bots that the user suspects of violating Section 17941.
(b) (1) After receiving notice of a bot pursuant to subdivision (a), an online platform shall expeditiously investigate and determine whether or not to disclose that the bot is not a natural person or remove the bot.
(2) An online platform’s investigation and response shall be expeditious if it occurs within 72 hours of receipt of the notice.
(c) An online platform shall provide bimonthly reports to the Attorney General detailing notices received pursuant to subdivision (b) and actions taken in response.

17943.
 (a) (1) For text and graphic communications, a statement shall be considered to be made in a clear and conspicuous manner if it is made in larger type than the surrounding text, is in a contrasting type, font, or color to the surrounding text of the same size, or is set off from the surrounding text of the same size by symbols or other marks in a manner that clearly calls attention to the language.
(2) For audio communications, a statement shall be considered to be made in a clear and conspicuous manner if it is spoken in a clearly audible and intelligible manner at the beginning of the communication.
(3) For video communications, a statement shall be considered to be made in a clear and conspicuous manner if it is in a written format that meets the requirements of paragraph (1) and appears for at least four seconds and in an audible format that meets the requirements of paragraph (2).
(4) For any other communications, a statement shall be considered to be made in a clear and conspicuous manner if it is made in a manner that is at least as clear and conspicuous as described in paragraphs (1) to (3), inclusive.
(b) A statement is not made in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.

17944.
 (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law.
(b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1.Section 23104.1 of the Business and Professions Code is amended to read:
23104.1.

A retailer may return wine to the seller or to the successor of the seller and the seller or his or her successor may accept the return thereof, except that the seller or his or her successor may not sell wine to the retailer for a period of one year after the date the returned wine is accepted or received unless any of the following exists:

(a)The wine is returned in exchange for the identical quantity, brand, and item of wine.

(b)The wine is returned pursuant to court order.

(c)The returned wine is a brand or item of wine that has been discontinued by the seller or his or her successor, and the wine is exchanged for the identical quantity of a brand or item of similar quality.

(d)The wine delivered was other than that ordered by a retailer or was in a quantity other than that ordered. In these cases, the retailer may, within 15 days after delivery, return the wine to the seller or his or her successor for exchange for the wine actually ordered, or may return the wine delivered in excess of the wine actually ordered. Returns under this subdivision may also be made after 15 days from the date of delivery upon written approval of the department.

(e)(1)The wine has deteriorated in quality or the container thereof has been damaged, or the label or container for the wine has been changed, and the wine is returned and exchanged for the identical quantity of the same brand and type of wine and size of container. For the purpose of this subdivision, “wines of the same type” means wines that are within the same class as provided in Article 14 (commencing with Section 17001) of Title 17 of the California Code of Regulations and bear the same rate of state wine excise tax.

(2)If wine or the container thereof is damaged or deteriorated, and the seller thereof has ceased to carry on a business licensed under this division and there is no successor to the business, the wine may be returned by a retailer to a winegrower or wholesaler who handles the same brand or item of wine, upon the same terms and conditions provided in this section for the return of wine to a seller or his or her successor, after receiving approval from the department.

(f)The approval of the department shall be required only for returns made after 15 days from the date of delivery under the provisions of subdivision (d), or returns made under the provisions of paragraph (2) of subdivision (e).

(g)As used in subdivisions (a), (c), and (e), the term “identical quantity” includes wine in metric measure containers and wine in United States standard measure containers that contain substantially the same amount of wine.

(h)Notwithstanding the above provisions, a seller may accept the return of wine from a seasonal or temporary licensee if, at the termination of the period of the license, the seasonal or temporary licensee has wine remaining unsold, or from an annual licensee operating on a temporary basis if, at the termination of the temporary period, the annual licensee has wine remaining unsold.