By Jeremy B. White
jwhite@sacbee.com
Every Fall, Gov. Jerry Brown’s time is consumed by what could best be described as legislative triage.
He sifts through the hundreds of bills sent to his desk and decides which ones will become law. This year, the Legislature sent Brown 1,059 pieces of legislation, 898 of which the governor deemed worthy of his signature. He vetoed 159 and let two become law without signing them.
On Jan. 1 we’ll start seeing the results. What follows is a list of the laws taking effect Jan. 1 (some of them passed in prior years but were designed to kick in on Jan. 1, 2016).
Mascot names
Cheering for the “Redskins” is officially a thing of the past in California as of Jan. 1. Passed back in 2015, Assembly Bill 30 gave public schools until 2017 to ditch a mascot now widely denounced as racist and insensitive to Native Americans. The four remaining California high schools using the mascot have complied: two of those schools now cheer for the “Tribe,” one roots on the “Reds” and one has ditched a mascot altogether.
Welfare payments
After years of trying to erase a welfare rule they said punishes poor people, Democrats finally succeeded in repealing a policy known as the “maximum family grant” that bars women who get pregnant while on welfare from drawing additional benefits. As of Jan. 1, women in that situation can apply for benefits to cover the new child. They can also apply to cover children who are still minors and were previously excluded.
Minimum wage
Increases in the minimum wage will kick in gradually over the next few years, realizing a deal to eventually boost the pay floor to a nation-leading $15 an hour. As of Jan. 1, California’s minimum wage goes to $10.50 an hour for businesses with 26 or more employees.
Assault weapons
As part of a package fortifying California’s already-tough gun laws, Senate Bill 880 and Assembly Bill 1135 sought to ban guns that circumvent a previously passed assault weapon law with reloading devices called “bullet buttons.” California bars purchasing, semi-automatic, centerfire rifles or semi-automatic pistols that lack a fixed magazine and have one of a number of features that include a protruding pistol grip or a folding or telescoping stock. If you already own one, you’ll need to register it with the California Department of Justice.
Park names
For all you Yosemite National Park fans mourning the hotel formerly known as the Ahwahnee, there is Assembly Bill 2249. After a concessionaire decided to rename the famous building the Majestic Yosemite Hotel, lawmakers looked for a way to ensure it wouldn’t happen again – at least at a state park. The bill they came up with doesn’t affect the Yosemite dispute, but it bars businesses who win state park concession contracts from trademarking names associated with the park.
Contractors
The fatal 2015 collapse of a balcony in Berkeley spurred legislators to examine how the state vets building contractors. The result was Senate Bill 465, which compels the California Department of Industrial Relations and the Division of Occupational Safety and Health to tell the Contractors State License Board when the state punishes wayward builders. The measure, watered down amid heavy lobbying from the building industry, also requires contractors to tell the licensing board about past convictions for felonies or other crimes that could affect their work.
Gun loans
Another component in the gun bill sought to crack down on gun lending. Assembly Bill 1511 outlaws most gun loans, though it makes exceptions for hunting guides and for a limited number of loans to family members.
Prostitution decriminalization
Sex workers under the age of 18 are victims, not criminals – that mantra guided several criminal justice bills this year. Among those signed into law was Senate Bill 1322, which bars law enforcement from arresting minors for prostitution or loitering with intent.
Prostitution sentencing
Another bill altering the repercussions for sex work was Senate Bill 1129, which removes mandatory minimum sentences for repeat prostitution offenders. That means judges have more flexibility in the sentences they hand down, both for people soliciting sex and people selling it.
Sexual assault
Sellers of sex may be getting some leniency, but the opposite will be true for people who sexually assault a defenseless victim. The jail sentence a Stanford student received in June for assaulting a passed-out woman (he was released in September), fomented outrage and led to Assembly Bill 2888, which mandates a prison term for sexually assaulting people who are unconscious.
Rape sentencing
Another bill reflecting headline-grabbing sexual assault cases, Senate Bill 813 brought accusers of disgraced entertainer Bill Cosby to hearings in Sacramento. It eliminates the statute of limitations for rape cases, allowing prosecutors to bring charges no matter how much time has passed since the crime. The bill will cover new offenses but can’t be applied retroactively. That means old rapes still must be prosecuted either within 10 years or, if the victim was a minor, by her 40th birthday, with some exemptions for child sex crimes or DNA evidence.
Distracted driving
One swipe or one tap: that’s all the phone interaction you get while driving thanks to Assembly Bill 1785, which limits motorists to simple actions on mounted phones. Existing California law had already banned texting or making calls while behind the wheel unless a phone is hands-free. Assembly Bill 1785 tries to maintain the prohibition on distracted driving while allowing people to use GPS.
Car seats
The littlest Californians will also be affected by a new road safety law. Assembly Bill 53, passed back in 2015, requires that kids under the age of two be fastened into rear-facing child safety seats. There’s an exception for children who weigh at least 40 pounds or are at least 40 inches tall. Children under the age of eight will need to ride in the backseat.
Public financing
As public disgust with the role of money in politics mounts, more people have promoted the idea of publicly financed elections, in which candidates get public dollars rather than relying entirely on private donations. Until recently, that wouldn’t have worked in much of California, since a voter-passed initiative forbade public financing in many cities and counties. Senate Bill 1107 undoes that prohibition, allowing more local governments to set up public financing. In early December, the Howard Jarvis Taxpayers Association filed suit to block the law.
Mail ballots
Sweeping changes to how Californians vote are coming thanks to Senate Bill 450. Many of the bill’s provisions won’t kick in for a while, but one change that takes effect on Jan. 1 should make casting a ballot easier. Voters can now return mail ballots at any county elections office in the state, not just in the county that issued the ballot.
Voter registration
Another effort to facilitate voting, Assembly Bill 1436, passed back in 2012 but takes effect on Jan. 1. It allows people to register to vote on Election Day, with county elections headquarters serving as registration hubs starting two weeks before Election Day. Technically it allows for “conditional voter registration,” which means the ballots aren’t counted until officials verify the voter is eligible and hasn’t cast a ballot elsewhere. Current law cuts off registration 15 days before Election Day.
Epi-pens
More places will be able to treat allergy attacks by stocking epinephrine auto-injectors under Assembly Bill 1386, which allows pharmacies to dispense the devices to colleges, private businesses and other venues that have a plan in place for using Epi-Pens. Gov. Jerry Brown signed the bill with some reluctance, saying the measure could save lives but lambasting manufacturer Mylan for “unconscionable price increases.”
State travel
Conceived in response to an Indiana law allowing businesses to cite religious freedom as a legal defense, which prompted concerns about turning away gay or transgender customers, Assembly Bill 1887 says state agencies cannot require employees to travel to states with laws on the books permitting “discrimination on the basis of sexual orientation, gender identity, or gender.” It also bars employees for getting reimbursed for travel to those states. Currently, the bill will only affect travel to North Carolina, Tennessee and Mississippi. Indiana isn’t covered because its law came before a June 2015 cutoff written into AB 1887.
Asset forfeiture
Liberal Democrats and libertarian Republicans found common cause on Senate Bill 443, which limits law enforcement seizing private property under a tactic known as “asset forfeiture.” State law enforcement or local cops will need a conviction to hold onto a share of property seized during federal investigations, unless the forfeited property is $40,000 or more in cash. In state cases, they’ll need a conviction to keep less than $40,000 worth of cash or property like homes and vehicles.
Felons voting
As Californians convicted of low-level felonies increasingly serve their sentences outside of prison, Assembly Bill 2466 declares that such offenders have a right to vote. How that’s implemented is up to the counties, who are typically responsible for people serving their sentences either in jails or under post-release supervision.
Hot dogs
Have you ever passed a dog locked in a car on a sweltering day and thought, “I wish I could do something”? Well, now you can. Assembly Bill 797 allows good Samaritans to liberate animals who are showing signs of distress, provided they can’t find the owner. They also must first contact law enforcement and wait for the authorities to show up.
Date rape drugs
Law enforcement groups frustrated by Proposition 47, which downgraded drug possession from a felony to a misdemeanor, pushed for Senate Bill 1182. The bill allows prosecutors to pursue felony charges for people who possess drugs like ketamine, GHB and flunitrazepam and can be proven to have the intent to commit sexual assault. Attempted sexual assault was already a crime, which was a factor in Brown vetoing a near-identical bill last year out of reluctance to create new crimes that could create “increasing complexity without commensurate benefit.” This time, Brown let the bill become law without his signature.
Ballot sharing
Of all the surprising political stories of 2016, the ballot selfie battle was one of the least expected. Who knew there was so much desire for people to take photos of how they voted? As it turns out, enough for the ACLU to file a lawsuit. In any event, in future elections you can snap pics of your filled-out ballot and post it wherever you like, free from government harassment, thanks to Assembly Bill 1494.
Boycott, divestment and sanctions
Originally, Assembly Bill 2844 was conceived as a rebuke of the “boycott, divestment and sanctions” movement that manifests resistance to Israeli policy by refusing to do business with the country. Warning of thinly veiled anti-Semitism, Jewish lawmakers pushed to bar California from giving contracts to businesses that boycott Israel; a later version would have made the California Attorney General list those businesses online. The iteration that was signed into law has bidders for state contracts self-certify that they aren’t running afoul of anti-discrimination laws.
Right-to-try
Aimed at dying Californians who are running out of time and options, Assembly Bill 1668 allows drug manufacturers to make available treatments that haven’t gone through the full Food and Drug Administration approval process. Patients would need to have exhausted other options, including trying to get into clinical trials, and get the okay from two different physicians. Even then, drug companies could decline.
Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article121358433.html#storylink=cpy
jwhite@sacbee.com
Every Fall, Gov. Jerry Brown’s time is consumed by what could best be described as legislative triage.
He sifts through the hundreds of bills sent to his desk and decides which ones will become law. This year, the Legislature sent Brown 1,059 pieces of legislation, 898 of which the governor deemed worthy of his signature. He vetoed 159 and let two become law without signing them.
On Jan. 1 we’ll start seeing the results. What follows is a list of the laws taking effect Jan. 1 (some of them passed in prior years but were designed to kick in on Jan. 1, 2016).
Mascot names
Cheering for the “Redskins” is officially a thing of the past in California as of Jan. 1. Passed back in 2015, Assembly Bill 30 gave public schools until 2017 to ditch a mascot now widely denounced as racist and insensitive to Native Americans. The four remaining California high schools using the mascot have complied: two of those schools now cheer for the “Tribe,” one roots on the “Reds” and one has ditched a mascot altogether.
Welfare payments
After years of trying to erase a welfare rule they said punishes poor people, Democrats finally succeeded in repealing a policy known as the “maximum family grant” that bars women who get pregnant while on welfare from drawing additional benefits. As of Jan. 1, women in that situation can apply for benefits to cover the new child. They can also apply to cover children who are still minors and were previously excluded.
Minimum wage
Increases in the minimum wage will kick in gradually over the next few years, realizing a deal to eventually boost the pay floor to a nation-leading $15 an hour. As of Jan. 1, California’s minimum wage goes to $10.50 an hour for businesses with 26 or more employees.
As part of a package fortifying California’s already-tough gun laws, Senate Bill 880 and Assembly Bill 1135 sought to ban guns that circumvent a previously passed assault weapon law with reloading devices called “bullet buttons.” California bars purchasing, semi-automatic, centerfire rifles or semi-automatic pistols that lack a fixed magazine and have one of a number of features that include a protruding pistol grip or a folding or telescoping stock. If you already own one, you’ll need to register it with the California Department of Justice.
For all you Yosemite National Park fans mourning the hotel formerly known as the Ahwahnee, there is Assembly Bill 2249. After a concessionaire decided to rename the famous building the Majestic Yosemite Hotel, lawmakers looked for a way to ensure it wouldn’t happen again – at least at a state park. The bill they came up with doesn’t affect the Yosemite dispute, but it bars businesses who win state park concession contracts from trademarking names associated with the park.
The fatal 2015 collapse of a balcony in Berkeley spurred legislators to examine how the state vets building contractors. The result was Senate Bill 465, which compels the California Department of Industrial Relations and the Division of Occupational Safety and Health to tell the Contractors State License Board when the state punishes wayward builders. The measure, watered down amid heavy lobbying from the building industry, also requires contractors to tell the licensing board about past convictions for felonies or other crimes that could affect their work.
Another component in the gun bill sought to crack down on gun lending. Assembly Bill 1511 outlaws most gun loans, though it makes exceptions for hunting guides and for a limited number of loans to family members.
Prostitution decriminalization
Sex workers under the age of 18 are victims, not criminals – that mantra guided several criminal justice bills this year. Among those signed into law was Senate Bill 1322, which bars law enforcement from arresting minors for prostitution or loitering with intent.
Another bill altering the repercussions for sex work was Senate Bill 1129, which removes mandatory minimum sentences for repeat prostitution offenders. That means judges have more flexibility in the sentences they hand down, both for people soliciting sex and people selling it.
Sexual assault
Sellers of sex may be getting some leniency, but the opposite will be true for people who sexually assault a defenseless victim. The jail sentence a Stanford student received in June for assaulting a passed-out woman (he was released in September), fomented outrage and led to Assembly Bill 2888, which mandates a prison term for sexually assaulting people who are unconscious.
Another bill reflecting headline-grabbing sexual assault cases, Senate Bill 813 brought accusers of disgraced entertainer Bill Cosby to hearings in Sacramento. It eliminates the statute of limitations for rape cases, allowing prosecutors to bring charges no matter how much time has passed since the crime. The bill will cover new offenses but can’t be applied retroactively. That means old rapes still must be prosecuted either within 10 years or, if the victim was a minor, by her 40th birthday, with some exemptions for child sex crimes or DNA evidence.
Distracted driving
One swipe or one tap: that’s all the phone interaction you get while driving thanks to Assembly Bill 1785, which limits motorists to simple actions on mounted phones. Existing California law had already banned texting or making calls while behind the wheel unless a phone is hands-free. Assembly Bill 1785 tries to maintain the prohibition on distracted driving while allowing people to use GPS.
The littlest Californians will also be affected by a new road safety law. Assembly Bill 53, passed back in 2015, requires that kids under the age of two be fastened into rear-facing child safety seats. There’s an exception for children who weigh at least 40 pounds or are at least 40 inches tall. Children under the age of eight will need to ride in the backseat.
Public financing
As public disgust with the role of money in politics mounts, more people have promoted the idea of publicly financed elections, in which candidates get public dollars rather than relying entirely on private donations. Until recently, that wouldn’t have worked in much of California, since a voter-passed initiative forbade public financing in many cities and counties. Senate Bill 1107 undoes that prohibition, allowing more local governments to set up public financing. In early December, the Howard Jarvis Taxpayers Association filed suit to block the law.
Mail ballots
Sweeping changes to how Californians vote are coming thanks to Senate Bill 450. Many of the bill’s provisions won’t kick in for a while, but one change that takes effect on Jan. 1 should make casting a ballot easier. Voters can now return mail ballots at any county elections office in the state, not just in the county that issued the ballot.
Voter registration
Another effort to facilitate voting, Assembly Bill 1436, passed back in 2012 but takes effect on Jan. 1. It allows people to register to vote on Election Day, with county elections headquarters serving as registration hubs starting two weeks before Election Day. Technically it allows for “conditional voter registration,” which means the ballots aren’t counted until officials verify the voter is eligible and hasn’t cast a ballot elsewhere. Current law cuts off registration 15 days before Election Day.
Epi-pens
More places will be able to treat allergy attacks by stocking epinephrine auto-injectors under Assembly Bill 1386, which allows pharmacies to dispense the devices to colleges, private businesses and other venues that have a plan in place for using Epi-Pens. Gov. Jerry Brown signed the bill with some reluctance, saying the measure could save lives but lambasting manufacturer Mylan for “unconscionable price increases.”
Conceived in response to an Indiana law allowing businesses to cite religious freedom as a legal defense, which prompted concerns about turning away gay or transgender customers, Assembly Bill 1887 says state agencies cannot require employees to travel to states with laws on the books permitting “discrimination on the basis of sexual orientation, gender identity, or gender.” It also bars employees for getting reimbursed for travel to those states. Currently, the bill will only affect travel to North Carolina, Tennessee and Mississippi. Indiana isn’t covered because its law came before a June 2015 cutoff written into AB 1887.
Asset forfeiture
Liberal Democrats and libertarian Republicans found common cause on Senate Bill 443, which limits law enforcement seizing private property under a tactic known as “asset forfeiture.” State law enforcement or local cops will need a conviction to hold onto a share of property seized during federal investigations, unless the forfeited property is $40,000 or more in cash. In state cases, they’ll need a conviction to keep less than $40,000 worth of cash or property like homes and vehicles.
Felons voting
As Californians convicted of low-level felonies increasingly serve their sentences outside of prison, Assembly Bill 2466 declares that such offenders have a right to vote. How that’s implemented is up to the counties, who are typically responsible for people serving their sentences either in jails or under post-release supervision.
Hot dogs
Have you ever passed a dog locked in a car on a sweltering day and thought, “I wish I could do something”? Well, now you can. Assembly Bill 797 allows good Samaritans to liberate animals who are showing signs of distress, provided they can’t find the owner. They also must first contact law enforcement and wait for the authorities to show up.
Law enforcement groups frustrated by Proposition 47, which downgraded drug possession from a felony to a misdemeanor, pushed for Senate Bill 1182. The bill allows prosecutors to pursue felony charges for people who possess drugs like ketamine, GHB and flunitrazepam and can be proven to have the intent to commit sexual assault. Attempted sexual assault was already a crime, which was a factor in Brown vetoing a near-identical bill last year out of reluctance to create new crimes that could create “increasing complexity without commensurate benefit.” This time, Brown let the bill become law without his signature.
Ballot sharing
Of all the surprising political stories of 2016, the ballot selfie battle was one of the least expected. Who knew there was so much desire for people to take photos of how they voted? As it turns out, enough for the ACLU to file a lawsuit. In any event, in future elections you can snap pics of your filled-out ballot and post it wherever you like, free from government harassment, thanks to Assembly Bill 1494.
Boycott, divestment and sanctions
Originally, Assembly Bill 2844 was conceived as a rebuke of the “boycott, divestment and sanctions” movement that manifests resistance to Israeli policy by refusing to do business with the country. Warning of thinly veiled anti-Semitism, Jewish lawmakers pushed to bar California from giving contracts to businesses that boycott Israel; a later version would have made the California Attorney General list those businesses online. The iteration that was signed into law has bidders for state contracts self-certify that they aren’t running afoul of anti-discrimination laws.
Right-to-try
Aimed at dying Californians who are running out of time and options, Assembly Bill 1668 allows drug manufacturers to make available treatments that haven’t gone through the full Food and Drug Administration approval process. Patients would need to have exhausted other options, including trying to get into clinical trials, and get the okay from two different physicians. Even then, drug companies could decline.
Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article121358433.html#storylink=cpy
