A good day for AI protections and legacy admissions bans

Your afternoon must-read briefing on politics and government in the Golden State
Aug 15, 2024 View in browser
 
POLITICO California Playbook PM

By Lindsey Holden

Democratic Assembly members Issac Bryan, of Los Angeles left, and Buffy Wicks of Oakland, right, huddle with Assembly Speaker Robert Rivas, of Hollister, after the Assembly session in Sacramento, Calif., Thursday Aug.15,2024.

Democratic Assembly members Issac Bryan, of Los Angeles left, and Buffy Wicks of Oakland huddle with Assembly Speaker Robert Rivas, of Hollister, after the Assembly session in Sacramento, Calif., Thursday Aug.15, 2024. | Rich Pedroncelli for POLITICO

SUSPENSE POST-MORTEM: High-profile efforts to regulate artificial intelligence, ban plastic grocery bags and make tech companies pay for journalism survived the appropriations committees’ suspense hearings this afternoon.

Not so lucky were bills to map wildfire hazard areas, study solitary confinement and restrict access to xylazine.

Lobbyist Chris Micheli said Assembly Appropriations rejected about 32 percent of the bills on the agenda, and the Senate side held about 34 percent, up from the historic hold rate of 23 percent to 25 percent.

Here’s our rundown —

AI and tech bills hang on: A billion-dollar price tag put Assemblymember Rebecca Bauer-Kahan’s algorithmic bias ban in amend-or-die territory. Sure enough, the committee truncated Assembly Bill 2930 so it only applies to employment decisions, doesn’t cover state and local agencies and won’t be enforced by the attorney general.

A bid to penalize social media companies for negligently harming kids was softened today under industry pressure. Amendments to Assemblymember Josh Lowenthal’s Assembly Bill 3172 specify platforms had to have “knowingly or willfully” abdicated their responsibilities — a higher legal standard that would be harder to prove in court.

Legacy admissions ban makes the cut: An effort to ban legacy admissions at private colleges and universities escaped the suspense day guillotine, passing with only Republican opposition and minor amendments. California would be the first state to financially penalize institutions that give preference to the children of alumni and donors in admissions.

This is the closest an effort to outlaw the practice has ever come to passing in California. Past legislation from the same author, San Francisco Assemblymember Phil Ting, didn’t get through its house of origin before it was watered down.

Lawmaker tries again on free condoms: Gov. Gavin Newsom last year vetoed a bill to make free condoms available in schools. But this year, armed with a $5 million outlay already written into the budget, state Sen. Caroline Menjivar’s bill made it out of Appropriations. With the money in hand, she may have a better chance of getting the governor’s signature this time around.

Xylazine regulations go down again: Senate Appropriations killed a bill from Assemblymember Jasmeet Bains restricting access to the tranquilizer drug xylazine at the state level once the federal government takes similar action.

The Assembly Public Safety Committee amended Bains’ bill to add the federal caveat. But Sen. Angelique Ashby did not accept that amendment for her own similar, narrower bill. In July, the committee held Ashby’s bill, drawing a rebuke from Newsom, who had requested action on the drug.

Setting the course on solitary confinement: The Legislature may be gearing up to send Newsom a narrowly-tailored solitary confinement bill that would allow the governor a chance to claim a win on the issue after he previously rejected a broader effort from Assemblymember Chris Holden in 2022. Holden last year parked a very similar bill regulating the practice on the Assembly floor.

The Assembly Appropriations Committee held a bill from state Sen. Steve Glazer to study inmate isolation that advocates have attacked as a cop-out that avoids the larger-scale action they want. But senators advanced legislation from Bauer-Kahan that would restrict solitary confinement use for pregnant inmates with amendments that would narrow its scope.

More time for self-checkout, journalism bills: Sen. Lola Smallwood-Cuevas’ bill regulating retail self-checkout stations advanced from Appropriations, but it heads next to the Rules Committee instead of the Assembly floor.

Assembly Appropriations Committee Chair Buffy Wicks said members wanted to give the bill more time for negotiations “in a deliberate way.”

Wicks’ own bill requiring tech companies to pay for news articles also moved to the Rules Committee. When asked why, Senate Appropriations Committee Chair Anna Caballero said the decision was “above my pay grade” and mentioned Senate President Pro Tem Mike McGuire’s involvement. (More on Wicks’ bill below.)

— with help from Jeremy B. White, Blake Jones, Rachel Bluth and Lara Korte

STAYING RESOLUTE: As if they were delaying the inevitable pain of suspense hearings today, lawmakers presented resolution after resolution during Senate and Assembly floor sessions.

Some highlights included resolutions recognizing Intellectual Property Awareness Month, the 250th anniversary of the First Continental Congress, California Pickleball Day, Italian American Heritage Month and California Life Sciences Month.

IT’S THURSDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to lholden@politico.com.

WHAT YOU NEED TO KNOW TODAY

BUYING TIME: Those seeking a thrilling resolution for Wicks’ journalism bill will have to wait a little longer as negotiations continue.

Assembly Bill 886 cleared the Senate Appropriations Committee but was referred to the Rules Committee without amendments, buying time for the Bay Area Democrat and tech companies to hammer out a deal on how — and how much — platforms should pony up for California journalism.

Negotiations over the bill appeared to continue today. Wicks was spotted exiting McGuire’s office alongside Assembly Speaker Robert Rivas this morning, and she took calls from the dais where she was presiding over the Assembly's suspense file hearing.

“Pleased to have cleared another hurdle in the legislative process, as we continue critical conversations with all stakeholders,” Wicks said in a statement after her bill advanced. “I’m hopeful that we’ll soon reach an agreement to strengthen our newsrooms and better support journalism in California.” — Tyler Katzenberger, Lara Korte and Rachel Bluth

 

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IN OTHER NEWS

Sheng Thao speaks at a lectern.

Oakland Mayor Sheng Thao speaks during a news conference at Laney College in Oakland in 2023. | Jeff Chiu/AP

OAKLAND’S WOES: Oakland, the birthplace of Vice President Kamala Harris, is navigating one of its most turbulent moments in decades, as Jeremy B. White reports. Its mayor and top prosecutor are fighting efforts to oust them from office in November, fueled by voter frustration over shootings, robberies and store closures.

Mayor Sheng Thao is now also facing further pressure amid a federal investigation linked to an influential family that has donated to her and other elected officials.

“There’s a frustration post-Covid that things don’t feel safe, and folks feel very worried,” said Lateefah Simon, head of the BART transit system and the frontrunner to succeed Rep. Barbara Lee after November. “One of the things we cannot do and should not do, which I think we have been doing, is gaslighting people and saying things are just fine. No, things feel very difficult for folks — folks don’t feel safe, it takes two very good incomes to afford an apartment in the East Bay.”

TRUMP LIKES THE WEATHER HERE: Donald Trump waded into one of the thorniest issues in California politics this afternoon, hitting Harris for a decade-old criminal justice policy that’s returning to the ballot this November, our Emily Schultheis reports.

“I didn’t know this, but you’re allowed to rob a store as long as it’s not more than $950,” the former president told a press conference at his golf club in Bedminster, New Jersey. “You have thieves going into stores with calculators calculating how much it is, because if it’s less than $950 they can rob it and not get charged.”

(Note: The theft of items worth less than $950 is still a misdemeanor crime in California.)

Contrary to what Trump and other Republicans have insisted since Harris entered the presidential race, she was not involved in the campaign for Prop 47 — and she stayed on the sidelines in many of the state’s biggest criminal justice debates during her time as attorney general.

Trump’s comments were part of a broader effort to paint California as a dystopian preview of what a Harris presidency would do to the country as a whole.

“What they’ve done to that great state with the beautiful weather — like this weather, they have this weather all the time — and they have the ocean, they have the sun, they have everything good,” he said. “But what they’ve done to it is a shame, and she’s going to do the same thing to our country.”

WHAT WE'RE READING TODAY

— Departing California lawmakers aren’t required to say that they’re looking for lobbying jobs, something ethics experts say is a problem. (CalMatters)

— A high school student’s paper inspired a California bill that seeks to memorialize Mexican repatriation in the 1930s with a statue in Los Angeles. (Los Angeles Times)

— Federal authorities on Thursday announced charges for five people, including two medical doctors and a ketamine dealer, in connection with “Friends” star Matthew Perry’s death. (Los Angeles Times)

 

DON’T MISS OUR AI & TECH SUMMIT: Join POLITICO’s AI & Tech Summit for exclusive interviews and conversations with senior tech leaders, lawmakers, officials and stakeholders about where the rising energy around global competition — and the sense of potential around AI and restoring American tech knowhow — is driving tech policy and investment. REGISTER HERE.

 
 
AROUND THE STATE

— Hundreds of Hilton, Hyatt and Marriott workers in San Jose could start picketing as soon as this week over wage and staffing level concerns. (KQED)

— Records show Los Angeles repeatedly picks the same lawyers to help determine discipline for police officers accused of serious misconduct. (Los Angeles Times)

— San Francisco’s firefighters union has endorsed Mark Farrell in the city’s November mayoral election after supporting incumbent Mayor London Breed in 2018. (San Francisco Chronicle)

— compiled by Tyler Katzenberger

 

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