The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with Section This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act Chapter 5 commencing with Section of Part 2 of Division 7 of the Business and Professions Code.
B Includes a certification made by the person receiving the personal information that the person understands the restrictions in subparagraph A and will comply with them.
A person covered by paragraph 2 that violates any of the restrictions set forth in this title shall be liable for the violations. A business that discloses personal information to a person covered by paragraph 2 in compliance with paragraph 2 shall not be liable under this title if the person receiving the personal information uses it in violation of the restrictions set forth in this title, provided that, at the time of disclosing the personal information, the business does not have actual knowledge, or reason to believe, that the person intends to commit such a violation.
A business is not obligated to provide information to the consumer pursuant to Sections This paragraph shall not permit a business from storing, including on a device, personal information about a consumer when the consumer is in California and then collecting that personal information when the consumer and stored personal information is outside of California. The business shall inform the consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay.
The business shall bear the burden of demonstrating that any verified consumer request is manifestly unfounded or excessive. A service provider shall likewise not be liable under this title for the obligations of a business for which it provides services as set forth in this title. B Injunctive or declaratory relief.
C Any other relief the court deems proper. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title.
If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.
If the Attorney General does not prosecute within six months, the consumer may proceed with the action. B Refrain from acting within the 30 days, allowing the consumer bringing the action to proceed. C Notify the consumer bringing the action that the consumer shall not proceed with the action. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.
Any business or third party may seek the opinion of the Attorney General for guidance on how to comply with the provisions of this title.
Any business, service provider, or other person that violates this title shall be liable for a civil penalty as provided in Section of the Business and Professions Code in a civil action brought in the name of the people of the State of California by the Attorney General.
The civil penalties provided for in this section shall be exclusively assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.
These funds shall not be subject to appropriation or transfer by the Legislature for any other purpose, unless the Director of Finance determines that the funds are in excess of the funding needed to fully offset the costs incurred by the state courts and the Attorney General in connection with this title, in which case the Legislature may appropriate excess funds for other purposes. The provisions of this title are not limited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers.
Check box for 'yes' or 'skip this ques- 3 tion'. Except where the application is made in 6 person or electronically, failure to check a box shall not impair the 7 validity of an application, and failure to check "yes" or checking "skip 8 this question" shall not be construed to imply a wish not to donate. In 9 the case of an applicant under eighteen years of age, checking "yes" 10 shall not constitute consent to make an anatomical gift or registration 11 in the donate life registry, except as otherwise provided pursuant to 12 the provisions of paragraph b of subdivision one of section forty- 13 three hundred one of the public health law.
Where an applicant has 14 previously consented to make an anatomical gift or registered in the 15 donate life registry, checking "skip this question" or failing to check 16 a box shall not impair that consent or registration.
In addition, an 17 applicant for a commercial driver's license who will operate a commer- 18 cial motor vehicle in interstate commerce shall certify that such appli- 19 cant meets the requirements to operate a commercial motor vehicle, as 20 set forth in public law , title XII, and title 49 of the code of 21 federal regulations, and all regulations promulgated by the United 22 States secretary of transportation under the hazardous materials trans- 23 portation act.
In addition, an applicant for a commercial driver's 24 license shall submit a medical certificate at such intervals as required 25 by the federal motor carrier safety improvement act of and Part 26 Upon a determination that the holder of 33 a commercial driver's license has made any false statement, with respect 34 to the application for such license, the commissioner shall revoke such 35 license.
Paragraph a of subdivision 6 of section of the vehicle and 37 traffic law, as amended by section 3 of part K of chapter 59 of the laws 38 of , is amended to read as follows: 39 a A license issued pursuant to subdivision five of this section 40 shall be valid until the expiration date contained thereon, unless such 41 license is suspended, revoked or cancelled.
Such license may be renewed 42 by submission of an application for renewal, the fee prescribed by law, 43 proofs of prior licensing, fitness and acceptable vision prescribed by 44 the commissioner, the applicant's social security number or, in lieu 45 thereof, with respect to an application for a non-commercial driver's 46 license or learner's permit which does not meet federal standards for 47 identification, an affidavit signed by such applicant that they have not 48 been issued a social security number , and if required by the commission- 49 er , a photo image of the applicant in such numbers and form as the 50 commissioner shall prescribe.
In addition, an applicant for renewal of 51 a license containing a hazardous material endorsement shall pass an 52 examination to retain such endorsement. The commissioner shall, with 53 respect to the renewal of a hazardous materials endorsement, comply with 54 the requirements imposed upon states by sections A renewal of such license 56 shall be issued by the commissioner upon approval of such application, A.
Metric expressions 30 In an enactment, metric expressions and symbols have the meaning given to them in the Weights and Measures Act Canada and if not mentioned there, have the meaning given to them in the International System of Units established by the General Conference of Weights and Measures. Common names 31 In an enactment, the name commonly applied to a country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary, person, party or thing to which the name is commonly applied, although the name is not the formal or extended designation of it.
References to enactments 32 1 In this section: "amended" , in respect of a domestic enactment, includes a the repeal and replacement of the domestic enactment with a domestic enactment in relation to the same subject matter, and b the revision or consolidation of the domestic enactment; "domestic enactment" means an Act or a regulation, or a portion of an Act or regulation, of British Columbia, Canada or another province of Canada; "foreign enactment" means an Act or a regulation, or a portion of an Act or regulation, of a jurisdiction outside Canada.
References in enactments 33 1 A reference in an enactment to a series of numbers or letters by the first and last numbers or letters of the series includes the number or letter first and last mentioned. Amending enactment part of enactment amended 34 An amending enactment must be construed as part of the enactment that it amends. Repeal 35 1 If all or part of an enactment is repealed, the repeal does not a revive an enactment or thing not in force or existing immediately before the time when the repeal takes effect, b affect the previous operation of the enactment so repealed or anything done or suffered under it, c affect a right or obligation acquired, accrued, accruing or incurred under the enactment so repealed, d subject to section 36 1 d , affect an offence committed against or a contravention of the repealed enactment, or a penalty, forfeiture or punishment incurred under it, or e affect an investigation, proceeding or remedy for the right, obligation, penalty, forfeiture or punishment.
No implications from repeal, amendment, etc. Notice by newspaper 38 If an enactment provides that notice must or may be given by publication in a newspaper published in a particular municipality, district, county, jurisdiction or other place, the provision must be construed to mean that the notice may be sufficiently given, if no newspaper is published at the time when the notice is to be given in the particular place, by publishing or advertising the notice in a newspaper published in British Columbia, nearest to the place mentioned.
Application of definitions in Supreme Court Act to other enactments 39 The definitions section of the Supreme Court Act , so far as the terms defined can be applied, extends to all enactments relating to legal proceedings. Definitions in Community Charter and Local Government Act apply to other enactments 40 1 So far as the terms defined can be applied, the definitions established by or applicable under the following apply to all enactments relating to municipal and regional district matters: a the Schedule to the Community Charter ; b section 1 of the Schedule to the Local Government Act.
Powers to make regulations 41 1 If an enactment provides that the Lieutenant Governor in Council or any other person may make regulations, the enactment must be construed as empowering the Lieutenant Governor in Council or that other person, for the purpose of carrying out the enactment according to its intent, to a make regulations as are considered necessary and advisable, are ancillary to it, and are not inconsistent with it, b provide for administrative and procedural matters for which no express, or only partial, provision has been made, c limit the application of a regulation in time or place or both, d prescribe the amount of a fee authorized by the enactment, e provide, for a regulation made by or with the approval of the Lieutenant Governor in Council, that its contravention constitutes an offence, and f provide that a person who is guilty of an offence created under paragraph e is liable to a penalty not greater than the penalties provided in the Offence Act.
Subdivisions of Act 42 1 A section is divided into subdivisions known in descending order as subsections, paragraphs, subparagraphs and clauses. Citation of Acts 43 An Act may be cited as follows: a by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted; b by reference to its title, with or without reference to its chapter number; c in the case of an Act that is a revised statute included in a general revision, by reference to its chapter number in the Revised Statutes of British Columbia; d in the case of an Act that is a limited revision, by reference to its chapter number in the volume of Acts for the year or regnal year in which it was enacted and as a Revised Statute of British Columbia for that year.
Mutatis mutandis 44 If an enactment provides that another enactment applies, it applies with the necessary changes and so far as it is applicable. License Disclaimer. See also: author, introducer, patron. The term "statute" is used to designate written law, as distinguished from unwritten law.
It can be in committee, on the calendar, in the other house, etc. When asked by the presiding officers, members respond "aye" or "nay. Contact Brenda Erickson at mailto:legislatures-info ncsl. Create Account. Absent with leave: N ot present at a session with consent. Absent without leave: N ot present at a session without consent. Local act: Legislation enacted into law that has limited application. Private act: Legislation enacted into law that has limited application.
Public act : Legislation enacted into law that applies to the public at large. Committee amendment: An alteration made or proposed to be made to a bill that is offered by a legislative committee. Floor amendment: An alternation offered to a legislative document that is presented by a legislator while that document is being discussed on the floor of that legislator's chamber.
Conference committee: A committee composed of members from the two houses specifically appointed to reconcile the differences between House and Senate versions of a bill or bills.
Interim committee: A committee established to study or investigate certain matters between annual or biennial legislative sessions and to report to the next regular session.
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