CaliforniaEmployment: automated decision systems.
What it does
Existing law requires the Department of Technology to conduct, in coordination with other interagency bodies as it deems appropriate, a comprehensive inventory of all high-risk automated decision systems (ADS) that have been proposed for use, development, or procurement by, or are being used, developed, or procured by, any state agency.
More detail
Existing law establishes the Labor and Workforce Development Agency, which is composed of various departments responsible for protecting and promoting the rights and interests of workers in California, including the Division of Labor Standards Enforcement, led by the Labor Commissioner, within the Department of Industrial Relations.
This bill, beginning on July 1, 2027, would prohibit an employer, as defined, from using an ADS to perform certain functions and would limit the purposes for and way in which an ADS may be used. The bill would, when an employer primarily uses an ADS to make a disciplinary or termination decision, authorize an employee to request, and require an employer to provide, a description of the employee's own data primarily used by an ADS to make a disciplinary or termination decision, as specified. The bill would require an employer that primarily relied upon an ADS to make a disciplinary or termination decision to provide the affected employee with a written postuse notice, as specified.
This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against any employee for taking certain actions asserting their rights under the bill. The bill would authorize the Labor Commissioner to enforce the bill's provisions and also authorize a public prosecutor to bring a civil enforcement action, as specified. The bill would set forth specified types of relief that a plaintiff may seek and specified penalties that an employer that violates these provisions is subject to, including a $500 civil penalty per violation.
This bill would also provide that an employer who complies with the requirements related to notice in this bill is not required to comply with any substantially similar provisions under any other state law, except as specified. The bill would not apply to parties covered by a valid collective bargaining agreement if the agreement contains specified information, including an explicit waiver of the bill's provisions. The bill would provide that it does not prohibit the use of an automated decision system relating to the development of aircraft for use in the national airspace or the development of products or services for national security, military, space, or defense purposes, if the use of an automated decision system is reasonably necessary to comply with the federal statute, the federal regulation, or the binding federal contract, as specified.
The bill would include a statement that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would declare that its provisions are severable.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Chaptered by Secretary of State. Chapter 859, Statutes of 2026.Latest
- Sep 30Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 2 p.m.To Governor
- Aug 31Assembly amendments concurred in. (Ayes 28. Noes 10.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB947 McNerney et al. Concurrence. Result: pass.Upper
- Vote recorded SB 947 McNerney Senate Third Reading By Bryan. Result: pass.Lower
- Aug 30In Senate. Concurrence in Assembly amendments pending.
- Aug 30Read third time. Passed. (Ayes 53. Noes 14. Page 6893.) Ordered to the Senate.Passed Assembly
- Aug 21Ordered to third reading.Minor
- Aug 21Read third time and amended.Major
- Aug 21Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Lower
- Aug 13From committee: Do pass. (Ayes 10. Noes 4.) (August 13).Minor
- Aug 13Assembly Rule 63 suspended.
- Aug 5August 5 set for first hearing. Placed on suspense file.
- Jul 2Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 1From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (June 30).Major
- Jun 30
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Jun 25Read second time and amended. Re-referred to Com. on JUD.Major
- Jun 24From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 10. Noes 4.) (June 23).Major
- Jun 23
- Vote recorded Do pass as amended and be re-referred to the Committee on [Judiciary]. Result: pass.Lower
- Jun 16From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.Major
- Jun 11From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 5. Noes 1.) (June 10). Re-referred to Com. on P. & C.P.Minor
- Jun 10
- Vote recorded Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Jun 4From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.Major
- May 26Referred to Coms. on L. & E., P. & C.P., and JUD.Minor
- May 20In Assembly. Read first time. Held at Desk.Minor
- May 19Read third time. Passed. (Ayes 29. Noes 9. Page 4357.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB947 McNerney et al. Result: pass.Upper
- May 18Read second time. Ordered to third reading.Minor
- May 14Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 14From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4258.) (May 14).Major
- May 8Set for hearing May 14.
- May 4May 4 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Apr 24Set for hearing May 4.
- Apr 22Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 21From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 3957.) (April 20).Major
- Apr 20
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 9Set for hearing April 20.
- Apr 8From committee: Do pass and re-refer to Com. on P., D.T., & C.P. (Ayes 3. Noes 1. Page 3794.) (April 8). Re-referred to Com. on P., D.T., & C.P.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Privacy, Digital Technologies, and Consumer Protection]. Result: pass.Upper
- Mar 26From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.Major
- Mar 26Set for hearing April 8.
- Feb 18Referred to Coms. on L., P.E. & R. and P., D.T., & C.P.Minor
- Feb 3From printer. May be acted upon on or after March 5.
- Feb 2Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced