Held in suspense: Three key California AI bills await their fate on May 23

The ‘suspense file’ is one of the idiosyncratic customs of the legislative process in Sacramento. (Photo: Getty Images for Unsplash+)

Three California bills that would further AI transparency and security have been put on temporary pause in the state Senate while lawmakers consider the fiscal implications of the proposals.

The Transparency Coalition had several of its experts testify in favor of the legislation last month. The bills would protect against deepfakes (SB 11); ensure human oversight of AI systems in areas of critical infrastructure (SB 833); and protect personal information processed by AI systems (SB 468).

At a Senate Appropriations Committee hearing on Monday all three bills were placed in the suspense file where they will remain until Appropriations votes to approve them and move them to a Senate floor vote. The final day for approval by Appropriations is Friday, May 23. If the bills do not receive committee approval by that deadline they will have to wait to be re-introduced in the 2026 session.

TCAI’s Rob Eleveld, left, testified on behalf of SB 11, Sen. Angelique Ashby’s bill regarding AI deepfakes, in Sacramento last month.

Decoded: the ‘suspense file’ in sacramento

Every state legislature has its own customs, culture, and protocols, and California’s suspense file is one of the idiosyncrasies of Sacramento.

Any bill that’s deemed to have budgetary implications must at some point pass through the Appropriations Committee in its chamber of origin. It’s a pretty low bar. All measures estimated to cost the taxpayers more than $50,000 (in the Senate) or $150,000 (in the Assembly) get tagged.

After approval from one or two non-fiscal committees these bills pass to the Appropriations Committee in their original chamber where most are designated to be “in the suspense file” or “on suspense.” That means the bill will sit with the committee for a while its fiscal ramifications are analyzed and considered. There’s usually no public hearing or testimony. A certain amount of behind-the-scenes discussions and dealmaking may occur. This is a political process, after all.

Bills on the suspense file must pass out of Appropriations by a certain date. This year it’s May 23. Bills that are approved will usually move to a full floor vote, then progress to the opposite chamber. Bills that are not approved by the May 23 deadline are effectively killed.

For further insight, CalMatters published this clear overview of the suspense process last month.

senate ai bills now on suspense

The Senate AI bills placed on suspense yesterday include:

SB 11: AI Abuse Protection Act

Sen. Angelique Ashby sponsored SB 11, which would include computer-manipulated or AI-generated images or videos as material subject to the state’s right of publicity law and criminal false impersonation statutes.

It would also require those selling or providing access to technology that manipulates images, video, and audio, to create a warning for consumers about their personal liability if they violate state law.

SB 11 would extend the definition of “likeness” to include AI-generated content under state law.

It would also require consumer warnings on AI software, and establish violations for misusing the technology. It also addresses preventing AI-assisted evidence tampering in courts.

SB 468: Cybersecurity Upgrade for AI

Sen. Josh Becker sponsored SB 468, which would require AI developers that process personal information to make specific efforts to secure that information.

The bill would bring AI systems and their deployers in line with existing state and federal laws regarding the secure handling and protection of personal information.

SB 833: Human Oversight of AI in Critical Infrastructure

Sen. Jerry McNerney sponsored SB 833, which would require human oversight is maintained when AI systems are used to control critical infrastructure.

The bill specifically covers state agencies in charge of critical infrastructure, such as transportation, energy, food and agriculture, communications, financial services, or emergency services.

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