California 2023 2023-2024 Regular Session

California Senate Bill SB918 Amended / Bill

Filed 03/18/2024

                    Amended IN  Senate  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator UmbergJanuary 10, 2024An act to amend Section 9030 of the Elections Code, relating to elections. add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, as amended, Umberg. Measures submitted to the voters: petitions: filings. Law enforcement liaisons: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would also require a social media platform to immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.Existing law establishes procedures for the filing of a petition relating to a measure to be submitted to the voters with the elections official and for elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.SECTION 1.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.

 Amended IN  Senate  March 18, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 918Introduced by Senator UmbergJanuary 10, 2024An act to amend Section 9030 of the Elections Code, relating to elections. add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.LEGISLATIVE COUNSEL'S DIGESTSB 918, as amended, Umberg. Measures submitted to the voters: petitions: filings. Law enforcement liaisons: search warrants.Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would also require a social media platform to immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.Existing law establishes procedures for the filing of a petition relating to a measure to be submitted to the voters with the elections official and for elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition.This bill would make a technical, nonsubstantive change to these provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  March 18, 2024

Amended IN  Senate  March 18, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 918

Introduced by Senator UmbergJanuary 10, 2024

Introduced by Senator Umberg
January 10, 2024

An act to amend Section 9030 of the Elections Code, relating to elections. add Chapter 31.6 (commencing with Section 22946) to Division 8 of the Business and Professions Code, relating to social media platforms.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 918, as amended, Umberg. Measures submitted to the voters: petitions: filings. Law enforcement liaisons: search warrants.

Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would also require a social media platform to immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.Existing law establishes procedures for the filing of a petition relating to a measure to be submitted to the voters with the elections official and for elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition.This bill would make a technical, nonsubstantive change to these provisions.

Existing law generally regulates a social media platform, including by requiring a social media platform to clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the social media platform and to include a link to that reporting mechanism, as prescribed.

This bill would require a social media platform to, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information. The bill would also require a social media platform to immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.

This bill would not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

Existing law establishes procedures for the filing of a petition relating to a measure to be submitted to the voters with the elections official and for elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition.



This bill would make a technical, nonsubstantive change to these provisions.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.SECTION 1.Section 9030 of the Elections Code is amended to read:9030.(a)Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.

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

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

SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read: CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

SECTION 1. Chapter 31.6 (commencing with Section 22946) is added to Division 8 of the Business and Professions Code, to read:

### SECTION 1.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.

 CHAPTER 31.6. Social Media Platforms and Law Enforcement

 CHAPTER 31.6. Social Media Platforms and Law Enforcement

22946. As used in this chapter:(a) Law enforcement agency means a law enforcement agency in the state.(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.(c) Social media platform has the same meaning as defined in Section 22945.



22946. As used in this chapter:

(a) Law enforcement agency means a law enforcement agency in the state.

(b) Law enforcement liaison means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.

(c) Social media platform has the same meaning as defined in Section 22945.

22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.



22946.1. (a) A social media platform shall, at all times, make available by telephone to a law enforcement agency a law enforcement liaison for the purpose of receiving, and responding to, requests for information.

(b) A social media platform shall immediately comply with a search warrant provided to the social media platform by a law enforcement agency if the subject of the search warrant is an account on the social media platform owned by a user of the social media platform.

22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.



22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.





(a)Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.



(b)Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.



(c)If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.



(d)Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters signatures provided that the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.



(e)The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections officials office.



(f)If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.



(g)If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.