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SB-752 The California Master Plan on Tech Equity.(2019-2020)

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Date Published: 04/08/2019 09:00 PM
SB752:v98#DOCUMENT

Amended  IN  Senate  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 752


Introduced by Senator Stern

February 22, 2019


An act to amend Section 1798.125 of the Civil Code, relating to consumer privacy. An act to add and repeal Chapter 3.7 (commencing with Section 8299) to Division 1 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 752, as amended, Stern. California Consumer Privacy Act of 2018. The California Master Plan on Tech Equity.
Existing law establishes various advisory boards and commissions in state government with specified duties and responsibilities.
This bill would create, until January 1, 2025, the Commission on Tech Equity consisting of 6 members, as specified. The bill would require the commission to, among other duties, convene a public process to gather input and to understand the economic, social, workplace, and technological landscape of innovation and technology in California.
The bill would also create, until January 1, 2025, the Joint Legislative Committee on the California Master Plan on Tech Equity consisting of 18 members, as specified. The bill would require the committee to, in consultation and collaboration with the Commission on Tech Equity, develop and implement the California Master Plan on Tech Equity, as specified.

Existing law, the California Consumer Privacy Act of 2018, beginning on January 1, 2020, grants a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to know what categories of personal information and the specific pieces of information that a business collects and to have information held by that business deleted, as specified. Existing law prohibits a business from discriminating against a consumer because of the consumer’s exercise of rights under the act and specifies that a business may offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumer’s data.

This bill would make a nonsubstantive change to these provisions.

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

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California has the fifth largest economy in the world and leads the country in innovation and diversity.
(b) California is committed to developing a plan to become the most competitive, durable, equitable, and sustainable economy in the world where technological innovation strengthens the middle class.
(c) Technology, when put to work for the benefit of human society, has fueled progress throughout history, unlocking the growth of high-quality goods and services coupled with overall price reductions and dramatic reductions in poverty, disease, and famine, as well as leaps in science and the arts.
(d) Exponential growth in technological innovation, including automation and artificial intelligence, as well as broader economic trends of wage stagnation, declining workforce participation, rising income inequality, and growth in part-time, lower-wage jobs, compel California to update its planning around education, employment, and the economy as a whole to better understand, anticipate, and shape the future of work in the short and long term.
(e) The California Master Plan on Tech Equity is necessary to prepare California residents for the future of work and to ensure advancements in technology serve the construction of a durable middle class and sustainable economy.

SEC. 2.

 Chapter 3.7 (commencing with Section 8299) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  3.7. The California Master Plan on Tech Equity

8299.
 This chapter shall be known as the Tech Equity Act.

8299.1.
 (a) There is established in state government the Commission on Tech Equity. The commission shall be comprised of six members appointed in accordance with subdivision (c) and shall conduct its business in accordance with this chapter.
(b) Members of the commission shall be individuals with knowledge of, and expertise in, work, workforce development, labor, civil rights, technology, and privacy, whether by experience or training.
(c) Commission membership shall consist of the following:
(1) Four members appointed by the Governor, including at least one representative from organized labor, one from a civil rights organization, one from academia, and one from the private sector.
(2) One member appointed by the Senate Committee on Rules.
(3) One member appointed by the Speaker of the Assembly.
(4) The Secretary of Labor and Workforce Development and the Controller shall serve as ex officio members of the commission.

8299.2.
 The Commission on Tech Equity shall do all of the following:
(a) (1) Convene a public process to gather input and to understand the economic, social, workplace, and technological landscape of innovation and technology in California.
(2) Focus on key areas related to workers, the workplace and state workforce, the state budget, economy, safety net, and other areas related to the public good, which shall include:
(A) Privacy.
(B) Workforce.
(C) Media.
(D) Democracy.
(E) Competition.
(F) Inequality.
(b) Commission research to understand the impact of innovation and technology in key areas identified in paragraph (2) of subdivision (a).
(c) Advise the Governor, the Legislature, and state agencies, departments, and commissions on the impact of technology and innovation on workers, the workplace and state workforce, the state budget, economy, safety net, and other areas related to the public good identified in paragraph (2) of subdivision (a).
(d) Develop recommendations on a policy framework to manage the development, deployment, regulation, taxation, and fair distribution of the benefits of innovation and technology that advance the interests of workers and the public in key areas, as defined.
(e) Submit its recommendations to the Legislature, pursuant to Section 9795, and to the Governor no later than November 1, 2022.

8299.3.
 The commission shall be advisory only, and there shall be no right or obligation on the part of the state, or the parties meeting and conferring, to implement the findings of the commission without further legislation that specifically authorizes that the evaluations, determinations, and findings of the commission be implemented.

8299.4.
 (a) The Joint Legislative Committee on the California Master Plan on Tech Equity is hereby created.
(b) The committee shall be composed of a total of 18 members, as follows:
(1) Nine Members of the Senate, appointed by the Senate Committee on Rules.
(2) Nine Members of the Assembly, appointed by the Speaker of the Assembly.
(c) The committee and its members shall have and exercise all of the rights, duties, and powers conferred upon investigating committees and their members by the Joint Rules of the Senate and Assembly as they are adopted and amended from time to time.
(d) The committee is authorized to act only until November 30, 2024, and on that date the committee’s existence shall terminate.

8299.5.
 (a) The Senate Committee on Rules may make money available from the Senate Operating Fund, as it deems necessary, for the expenses of the committee and its members. Any expenditure of money shall be made in compliance with policies set forth by the Senate Committee on Rules and shall be subject to the approval of the Senate Committee on Rules.
(b) The committee, within 15 days of authorization and consistent with the normal annual appropriation process for funding legislative committees, shall present its initial budget to the Senate Committee on Rules for its review, comment, and approval.

8299.6.
 (a) (1) The committee shall, in consultation and collaboration with the Commission on Tech Equity, develop the California Master Plan for Tech Equity, which shall be a framework to maximize the benefits of innovation and technology on the workplace and state workforce, the state budget, economy, safety net, and other areas related to the public good while ensuring equity for workers.
(2) The committee shall consider the recommendations of the Commission on Tech Equity as it makes determinations and develops proposals for the Legislature regarding public policy within the scope of the committee’s jurisdiction.
(b) In consultation with the Commission on Tech Equity, academics, technologists, civil rights organizations, the public sector, and applicable state agencies and commissions, the committee shall develop a plan to implement the California Master Plan for Tech Equity by January 1, 2024.
(c) At the close of each legislative session, the committee shall submit a report to the Legislature of the committee’s activities.

8299.7.
 This chapter shall become inoperative on November 30, 2024, and, as of January 1, 2025, is repealed.

SECTION 1.Section 1798.125 of the Civil Code is amended to read:
1798.125.

(a)(1)A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:

(A)Denying goods or services to the consumer.

(B)Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

(C)Providing a different level or quality of goods or services to the consumer.

(D)Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

(2)Nothing in this subdivision prohibits a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.

(b)(1)A business may offer financial incentives, including payments to consumers as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer from the consumer’s data.

(2)A business that offers any financial incentives pursuant to subdivision (a), shall notify consumers of the financial incentives pursuant to Section 1798.135.

(3)A business may enter a consumer into a financial incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.135 which clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time.

(4)A business shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.