reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22920.

22920. (a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing the security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days, he or she is liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and if that failure is in bad faith, for a penalty of one hundred dollars ($100).
(b) The filing officer shall mark each termination statement with the date and time of the filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has an electronic microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files after one year from the receipt of the termination statement.
(Amended by Stats. 2005, Ch. 712, Sec. 20. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22921.

22921. (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement.
(b) The lienholder shall file a statement of assignment or transfer with the office of the Secretary of State in the same manner that a statement is filed pursuant to Section 9514 of the Commercial Code.
(Amended by Stats. 1999, Ch. 991, Sec. 1.6. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22922.

22922. (a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101) of the Commercial Code.
(b) For the purposes of this act, the following terms have the following meanings:
(1) “Secured party” refers to the dealer, lien creditor, lien claimant, or assignee thereof.
(2) “Debtor” refers to the supplier, lien debtor, or debtor.
(3) “Collateral” refers to the equipment subject to the lien created under this chapter.
(c) A security agreement is not necessary to make an equipment repurchase lien created under this chapter enforceable.
(d) An equipment repurchase lien created under this chapter shall not continue in the repurchased equipment following the disposition thereof.
(e) The right of a dealer to enforce the lien created under this act shall be governed by this act and shall not be governed by Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code.
(Amended by Stats. 2005, Ch. 712, Sec. 21. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22923.

22923. The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.
(Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22924.

22924. (a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from the estate as if the supplier had terminated the dealer contract and the inventory repurchase provisions of Section 22905 are applicable. The heirs or executor shall have 180 days from the date of the death of the dealer or majority stockholder to exercise the option under this section. However, nothing in this section shall require the repurchase of inventory, if the heirs or executor and the supplier enter into a new dealer agreement, or if a successor to the dealer is established pursuant to subdivision (b) of Section 22903.1. This section shall be subject to that portion of the dealer contract pertaining to death of the dealer or succession, to the extent the contract is not inconsistent. Nothing in this section shall entitle an heir or personal representative of a deceased dealer or majority stockholder to operate the dealership beyond the 180 days provided for in this subdivision without the consent of the supplier.
(b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment, attachments, and repair parts. Notwithstanding anything contained in this section, the rights of a supplier to charge back to the dealer’s account amounts previously paid or credited as a discount incident to the dealer’s purchase of inventory shall not be affected. Further, any repurchase shall not be subject to the provisions of the bulk sales law.
(Amended by Stats. 2005, Ch. 712, Sec. 22. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22925.

22925. Any dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation of any provisions of this chapter, together with costs and reasonable attorney’s fees. The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, and change in competitive circumstances. The remedies set forth in this action shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. This section is not intended to affect current law pertaining to product liability actions.
(Amended by Stats. 2005, Ch. 712, Sec. 23. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22926.

22926. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
(Amended by Stats. 2005, Ch. 712, Sec. 24. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 28 - Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act › Section 22927.

22927. This act shall apply to dealer contracts in effect on the effective date of this act that have no expiration date and that are continuing contracts, and all other dealer contracts entered into or renewed on or after the effective date of this act.
A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue or forum outside of this state or requires the application of the laws of another state is void with respect to a claim otherwise enforceable under this act.
(Amended by Stats. 2005, Ch. 712, Sec. 25. Effective October 7, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 30 - Billing Practices › Section 22940.

22940. It shall be unlawful for any business to use words expressly referencing an individual’s marital status as part of the individual’s mailing address on a billing statement, related correspondence, enclosing envelope, or any solicitation for new business. This shall not prohibit the use of the prefix “Mr.,” “Mrs.,” “Ms.,” or “Miss.”
(Added by Stats. 1999, Ch. 343, Sec. 1. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 30 - Billing Practices › Section 22941.

22941. Any violation of this chapter shall be punishable by a civil penalty of up to two hundred fifty dollars ($250) for each violation.
(Added by Stats. 1999, Ch. 343, Sec. 1. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 31 - Electrically Conductive Balloons › Section 22942.5.

22942.5. (a) A person who violates or attempts to violate Section 22942 may be enjoined in any court of competent jurisdiction.
(b) (1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day for a totality of violations of Section 22942, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number and severity of the violations.
(C) The economic effect of the penalty on the person who violated Section 22942.
(D) The person’s annual revenue in both balloon sales and total sales.
(E) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken.
(F) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole.
(G) The willfulness of the persons responsible for the violation.
(H) Any other factors that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
(Added by Stats. 2022, Ch. 401, Sec. 2. (AB 847) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 31.5 - Drug Safety Policies on Social Media Platforms › Section 22945.5.

22945.5. (a) (1) A person may seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of Section 11352 of the Health and Safety Code.
(2) (A) If the social media platform has a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the content and requested that it be removed through the reporting mechanism.
(B) A person may bring an action pursuant to paragraph (1) before 48 hours have passed since providing notice to a social media platform through the reporting mechanism, but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.
(C) The court may dismiss an action if the social media platform deletes the content relevant to the order sought pursuant to paragraph (1) before 48 hours have passed from the provision of notice under subparagraph (A).
(3) If the social media platform does not have a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person may bring an action under paragraph (1), and a court may rule on the request for an order, at any time.
(b) (1) A court shall award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section.
(2) Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.
(Added by Stats. 2023, Ch. 698, Sec. 1. (SB 60) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 31.5 - Drug Safety Policies on Social Media Platforms › Section 22945.7.

22945.7. Nothing in this chapter alters the rights or obligations established in any other law, including, but not limited to, the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code) and the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).
(Added by Stats. 2023, Ch. 824, Sec. 4. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 31.5 - Drug Safety Policies on Social Media Platforms › Section 22945.9.

22945.9. This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2023, Ch. 824, Sec. 5. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9. Note: Repeal affects Chapter 31.5, commencing with Section 22945.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 32 - Consumer Protection Against Computer Spyware Act › Section 22947.

22947. This chapter shall be known as and may be cited as the Consumer Protection Against Computer Spyware Act.
(Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 32 - Consumer Protection Against Computer Spyware Act › Section 22947.2.

22947.2. A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software to do any of the following:
(a) Modify, through intentionally deceptive means, any of the following settings related to the computer’s access to, or use of, the Internet:
(1) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet.
(2) The default provider or Web proxy the authorized user uses to access or search the Internet.
(3) The authorized user’s list of bookmarks used to access Web pages.
(b) Collect, through intentionally deceptive means, personally identifiable information that meets any of the following criteria:
(1) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person.
(2) It includes all or substantially all of the Web sites visited by an authorized user, other than Web sites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed.
(3) It is a data element described in paragraph (2), (3), or (4) of subdivision (k) of Section 22947.1, or in subparagraph (A) or (B) of paragraph (5) of subdivision (k) of Section 22947.1, that is extracted from the consumer’s computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user.
(c) Prevent, without the authorization of an authorized user, through intentionally deceptive means, an authorized user’s reasonable efforts to block the installation of, or to disable, software, by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.
(d) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user’s action, with knowledge that the software will not be so uninstalled or disabled.
(e) Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.
(Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 32 - Consumer Protection Against Computer Spyware Act › Section 22947.4.

22947.4. (a) A person or entity, who is not an authorized user, as defined in Section 22947.1, shall not do any of the following with regard to the computer of a consumer in this state:
(1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.
(2) Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section.
(b) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.
(Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 32 - Consumer Protection Against Computer Spyware Act › Section 22947.5.

22947.5.  It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers regarding information collection.
(Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 32 - Consumer Protection Against Computer Spyware Act › Section 22947.6.

22947.6. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.
(Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 33 - Anti-Phishing Act of 2005 › Section 22948.

22948. This chapter shall be known and may be cited as the Anti-Phishing Act of 2005.
(Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 33 - Anti-Phishing Act of 2005 › Section 22948.1.

22948.1. For the purposes of this chapter, the following terms have the following meanings:
(a) “Electronic mail message” means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed, to which an electronic message can be sent or delivered.
(b) “Identifying information” means, with respect to an individual, any of the following:
(1) Social security number.
(2) Driver’s license number.
(3) Bank account number.
(4) Credit card or debit card number.
(5) Personal identification number (PIN).
(6) Automated or electronic signature.
(7) Unique biometric data.
(8) Account password.
(9) Any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services.
(c) “Internet” shall have the meaning as defined in paragraph (6) of subdivision (f) of Section 17538.
(d) “Web page” means a location that has a single uniform resource locator or other single location with respect to the Internet.
(Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 33 - Anti-Phishing Act of 2005 › Section 22948.2.

22948.2. It shall be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business.
(Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 33 - Anti-Phishing Act of 2005 › Section 22948.3.

22948.3. (a) The following persons may bring an action against a person who violates or is in violation of Section 22948.2:
(1) A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 22948.2.
An action brought under this paragraph may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000).
(2) An individual who is adversely affected by a violation of Section 22948.2 may bring an action, but only against a person who has directly violated Section 22948.2.
An action brought under this paragraph may seek to enjoin further violations of Section 22948.2 and to recover the greater of three times the amount of actual damages or five thousand dollars ($5,000) per violation.
(b) The Attorney General or a district attorney may bring an action against a person who violates or is in violation of Section 22948.2 to enjoin further violations of Section 22948.2 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500) per violation.
(c) In an action pursuant to this section, a court may, in addition, do either or both of the following:
(1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under subdivision (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 22948.2.
(2) Award costs of suit and reasonable attorney’s fees to a prevailing plaintiff.
(d) The remedies provided in this section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law.
(e) For purposes of paragraph (1) of subdivision (a), multiple violations of Section 22948.2 resulting from any single action or conduct shall constitute one violation.
(Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 34 - Network Security › Section 22948.5.

22948.5. For purposes of this chapter, the following terms have the following meanings:
(a) “Federally unlicensed spectrum” means a spectrum for which the Federal Communications Commission does not issue a specific license to a user, but instead certifies equipment that may be used in a segment of spectrum designated for shared use.
(b) “Small office” means a business with 50 or fewer employees within the company.
(c) “Spectrum” means the range of frequencies over which electromagnetic signals can be sent, including radio, television, wireless Internet connectivity, and every other communication enabled by radio waves.
(d) “Wireless access point” means a device, such as a premises-based wireless network router or a wireless network bridge, that allows wireless clients to connect to it in order to create a wireless network for the purpose of connecting to an Internet service provider.
(e) “Wireless client” means a wireless device that connects to a wireless network for the purpose of connecting to an Internet service provider.
(Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 34 - Network Security › Section 22948.6.

22948.6. (a) A device that includes an integrated and enabled wireless access point, such as a premises-based wireless network router or wireless access bridge, that is for use in a small office, home office, or residential setting and that is sold as new in this state for use in a small office, home office, or residential setting shall be manufactured to comply with one of the following:
(1) Include in its software a security warning that comes up as part of the configuration process of the device. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by providing the consumer with instructions to protect his or her wireless network connection from unauthorized access, which may refer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access.
(2) Have attached to the device a temporary warning sticker that must be removed by the consumer in order to allow its use. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by advising the consumer that his or her wireless network connection may be accessible by an unauthorized user and referring the consumer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access.
(3) Provide other protection on the device that does all of the following:
(A) Advises the consumer that his or her wireless network connection may be accessible by an unauthorized user.
(B) Advises the consumer how to protect his or her wireless network connection from unauthorized access.
(C) Requires an affirmative action by the consumer prior to allowing use of the product.
Additional information may also be available in the product manual or on the manufacturer’s Internet Web site.
(4) Provide other protection prior to allowing use of the device, that is enabled without an affirmative act by the consumer, to protect the consumer’s wireless network connection from unauthorized access.
(b) This section shall only apply to devices that include an integrated and enabled wireless access point and that are used in a federally unlicensed spectrum.
(c) This section shall only apply to products that are manufactured on or after October 1, 2007.
(Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 34 - Network Security › Section 22948.7.

22948.7. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.
(Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.20.

22948.20. (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television.
(b) Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.
(c) Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.
(d) A person or entity shall not compel a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.
(e) A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television and shall not be liable for functionality provided by applications that the user chooses to use in the cloud or are downloaded and installed by a user.
(f) This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.21.

22948.21. For purposes of this chapter, the following definitions shall apply:
(a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder.
(b) “User” means a person who originally purchases, leases, or takes ownership of a connected television. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.
(c) “Voice recognition feature” means the function of a connected television that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.22.

22948.22. Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.23.

22948.23. (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.24.

22948.24. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 35 - Connected Televisions › Section 22948.25.

22948.25. The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.52.

22948.52. A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.54.

22948.54. Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.55.

22948.55. (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.
(b) A court may enjoin a person who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.
(c) A person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each vehicle equipped with an in-vehicle camera sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.56.

22948.56. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.57.

22948.57. (a) This chapter does not reduce the rights afforded to a consumer or the obligations imposed on a business pursuant to any applicable state or federal law for the protection of individual privacy.
(b) In the event of a conflict between this chapter and any other state law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.
(c) The rights afforded to consumers and the obligations imposed on any business pursuant to this chapter do not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.58.

22948.58. (a) This chapter shall not apply to cameras installed in vehicles that are primarily for commercial use, including buses, as defined in Section 233 of the Vehicle Code, motortrucks, as defined in Section 410 of the Vehicle Code, and truck tractors, as defined in Section 655 of the Vehicle Code.
(b) Nothing in this chapter authorizes the sale or advertising for commercial use of any image or video depicting a commercial driver without their consent.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 36 - In-Vehicle Cameras › Section 22948.59.

22948.59. The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 37 - Gene Therapy Kits: Notice › Section 22949.50.

22949.50. Except as permitted by federal law, a person shall not sell a gene therapy kit in this state unless the seller includes a notice on the seller’s internet website in a conspicuous location that is displayed to the consumer prior to the point of sale, and on a label on the package containing the gene therapy kit, in plain view and readily legible, stating that the kit is not for self-administration.
(Added by Stats. 2019, Ch. 140, Sec. 2. (SB 180) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 37 - Gene Therapy Kits: Notice › Section 22949.51.

22949.51. For purposes of this chapter, the following definitions apply:
(a) “Gene therapy” refers to the administration of genetic material to modify or manipulate the expression of a gene product, or to alter the biological properties of living cells, for therapeutic use.
(b) “Gene therapy kit” refers to a product that is sold as a collection of materials for the purpose of facilitating gene therapy experiments, including, but not limited to, a system for the targeted cutting of DNA molecules, such as type II clustered regularly interspaced short palindromic repeats (CRISPR), associated proteins (CRISPR-Cas) systems, including CRISPR-Cas9, as described in Regents of University of California v. Broad Institute, Inc. (2018) 903 F.3d 1286.
(Added by Stats. 2019, Ch. 140, Sec. 2. (SB 180) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.64.

22949.64. (a) Notwithstanding any other law, the requirements of this chapter shall be enforced exclusively through the private civil actions described in Section 22949.65. No enforcement of this chapter may be taken or threatened by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision against any person, except as provided in Section 22949.65.
(b) The fact that conduct violates this chapter shall not be an independent basis for enforcement of any other law of this state, or the denial, revocation, suspension, or withholding of any right or privilege conferred by the law of this state or a political subdivision, or a threat to do the same, by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision, or a board, commission, or similar body assigned authority to do so under law, against any person, except as provided in Section 22949.65. Nor shall any civil action predicated upon a violation of this chapter be brought by this state, a political subdivision, a district or county or city attorney, or an executive or administrative officer or employee of this state or a political subdivision. For avoidance of doubt, the rights and privileges described by this subdivision include, but are not limited to, any business licenses and permits issued pursuant to this code or any firearms, ammunition, or precursor parts dealer or vendor licenses issued pursuant to Title 4 (commencing with Section 23500) of Part 6 of the Penal Code. This subdivision shall not be construed to prevent or limit enforcement of any other law regulating conduct that also violates this chapter, including, but not limited to, Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(c) Subdivisions (a) and (b) shall not be construed to do any of the following:
(1) Legalize the conduct prohibited by this chapter or by Chapter 1.5 (commencing with Section 30400) and Chapter 2 (commencing with Section 30500) of Division 10 of Title 4 of Part 6 of the Penal Code.
(2) Waive any requirements prescribed in Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.
(3) Limit or affect the availability of a remedy established by Section 22949.65.
(4) Limit the enforceability of any other laws that regulate or prohibit any conduct relating to firearms or firearm precursor parts.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.66.

22949.66. (a) A defendant against whom an action is brought under Section 22949.65 does not have standing to assert the right of another individual to keep and bear arms under the Second Amendment to the United States Constitution as a defense to liability under that section unless either of the following is true:
(1) The United States Supreme Court holds that the courts of this state must confer standing on that defendant to assert the third-party rights of other individuals in state court as a matter of federal constitutional law.
(2) The defendant has standing to assert the rights of other individuals under the tests for third-party standing established by the United States Supreme Court.
(b) A defendant in an action brought under Section 22949.65 may assert an affirmative defense to liability under this section if both of the following are true:
(1) The defendant has standing to assert the third-party right of an individual to keep and bear arms in accordance with subdivision (a).
(2) The defendant demonstrates that the relief sought by the claimant will violate a third-party’s rights under the Second Amendment to the United States Constitution right as defined by clearly established case law of the United States Supreme Court.
(c) Nothing in this section shall in any way limit or preclude a defendant from asserting the defendant’s personal constitutional rights as a defense to liability under Section 22949.65, and a court shall not award relief under Section 22949.65 if the conduct for which the defendant has been sued was an exercise of a state or federal constitutional right that personally belongs to the defendant.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 38 - Persons Engaged in the Manufacture, Distribution, Importation, Transportation, Sale, Lease, or Transfer of Firearms and Precursor Parts › Section 22949.67.

22949.67. This chapter shall not be construed to do any of the following:
(a) Authorize the initiation of a cause of action under this chapter against a person purchasing, obtaining, or attempting to purchase or obtain an assault weapon, .50 BMG rifle, unserialized firearm, or firearm precursor part from a person acting in violation of this chapter.
(b) Wholly or partly repeal, either expressly or by implication, any other statute that regulates or prohibits any conduct relating to firearms or firearm precursor parts, including, but not limited to, Chapters 1.5 and 2 (commencing with Sections 30400 and 30500, respectively) of Division 10 of Title 4 of Part 6 and Chapter 3 (commencing with Section 29180) of Division 7 of Title 4 of Part 6 of the Penal Code.
(c) Restrict a political subdivision from regulating or prohibiting conduct relating to assault weapons, .50 BMG rifles, unserialized firearms, or firearm precursor parts in a manner that is at least as stringent as the laws of this state.
(Added by Stats. 2022, Ch. 146, Sec. 1. (SB 1327) Effective January 1, 2023. Conditionally inoperative as prescribed by Section 22949.71. Repealed on January 1 following the inoperative date.)