James Gallagher
- Republican
- Assemblymember
- District 3
Author
Existing federal law requires an operator of an internet website or online service directed to a child, as defined, or an operator of an internet website or online service that has actual knowledge that it is collecting personal information from a child, to provide notice of what information is being collected and how that information is being used, and to give the parents of the child the opportunity to refuse to permit the operator's further collection of information from the child. Existing law, the California Consumer Privacy Act of 2018, prohibits a business from selling the personal information, as defined, of a consumer without first obtaining the authorization of the consumer's parent or guardian, if the business has actual knowledge that the consumer is less than 16 years of age. Existing state law prohibits an operator of an internet website, online service, online application, or mobile application, as specified, from marketing or advertising specified types of products or services to a minor. Existing law, known as the Parent's Accountability and Child Protection Act, commencing on January 1, 2020, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. This bill, on and after July 1, 2021, would prohibit a person or business that conducts business in California, and that operates a social media website or application, as defined, from allowing a person who the business actually knows is under 13 years of age to create an account with the website or application unless the website or application obtains the consent of the person's parent or guardian before creating the account using a method that includes reasonable measures to ensure that the person giving their consent is the parent or legal guardian of the person under 13 years of age. The bill would deem a business to have actual knowledge of a consumer's age if it willfully disregards the consumer's age. The bill would authorize a person or business to require the person who is giving their consent for creation of the account to do various things, including signing a consent form and sending it to the person or business via fax, United States mail, or electronic scan; providing credit card, debit card, or other online payment system information that will provide the parent or guardian notification of each separate transaction made using the account; or calling a toll-free telephone number staffed by personnel who are trained to ensure that the person authorizing creation of the account is the legal guardian of the minor, as specified. The bill would prohibit information provided to a social media company for parental consent from being retained or used by the company, except as may be necessary for the purposes of this bill.
Vetoed by Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 4. Page 5371.).
Reconsideration granted. (Page 5371.)
Assembly refused to concur in Senate amendments. (Ayes 37. Noes 12. Page 3616.)
Motion to reconsider made by Assembly Member Gallagher.
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 4. Page 2895.).
In Assembly. Concurrence in Senate amendments pending.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 8. Noes 0.) (July 9).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 6. Page 1853.)
Reconsideration granted. (Page 1614.)
Read third time and amended. Ordered to third reading. (Page 1614.)
Read third time. Refused passage. (Ayes 24. Noes 11. Page 1594.).
Motion to reconsider on the next legislative day made by Assembly Member Gallagher.
Read second time. Ordered to third reading.
Ordered to second reading.
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 23).
From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
From printer. May be heard in committee March 24.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1138 | HTML |
| 02/21/19 - Introduced | |
| 03/25/19 - Amended Assembly | |
| 04/12/19 - Amended Assembly | |
| 04/30/19 - Amended Assembly | |
| 05/02/19 - Amended Assembly | |
| 05/13/19 - Amended Assembly | |
| 07/11/19 - Amended Senate | |
| 09/05/19 - Amended Senate | |
| 09/01/20 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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