In 2018, California Governor Jerry Brown signed more than 1,016 Bills into law. Here are 31 bills you should know about that just may impact your life.
Prior to getting to those, quick reminder that those of you crossing bridges, will now pay an extra dollar. Crossing the Bay Bridge is now $7. Bridge fare at Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael and San Mateo-Hayward bridges is now $6.
Also going into effect is Proposition 63 which now requires background checks for ammunition purchases and large-capacity ammunition magazine ban. By July 1, 2019, vendors selling ammunition (see AB 156 below) will begin logging and keeping records of ammunition sales.
Here is a rundown of the new laws, both the good, the bad and the ugly:
Ammunition Tracking (2016) – AB 156, goes into effect July 1, will require the Attorney General to also maintain information about ammunition transactions and ammunition vendor licenses for those purposes The bill would similarly authorize specified agencies, officials, and officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information regarding an ammunition purchase is disseminated with a “Victims of Domestic Violence” card. The Bill also require the ammunition vendor to submit that information to the Department of Justice, as specified. The bill would require the department to retain the information for 2 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. The bill would, commencing on July 1, 2019, and subject to exceptions, require the purchaser of ammunition to be authorized to purchase ammunition by the department, as specified. The bill would require the department to cross-reference the Prohibited Armed Persons File and the Automated Firearms System for those transaction purposes. The bill would require, commencing on July 1, 2019, and subject to exceptions, that only persons listed in the Automated Firearms System, or who purchase a one-time ammunition transaction license from the department, would be able to purchase ammunition. A violation of these provisions would be a crime.
Bicycle Crashes (Hit & Run) – AB 1755, hit and run provisions in felony hit-and-run laws will now apply to bicyclist who leave a scene. This bill results in the vehicle code also applying to bicyclist who cause injury-related collisions.
Cannabis Events – AB 2020, authorize a state temporary event license to be issued to a licensee for an event to be held at any other venue expressly approved by a local jurisdiction for events, as described. The bill would modify the requirements codified in MAUCRSA to include requirements that are similar to those provided in regulations adopted by the bureau described above, including requiring that all participants who are engaged in the onsite retail sale of cannabis or cannabis products such as seeing if clients want to buy weed flower at the event be licensed to engage in that activity, and requiring an applicant who submits an application for a state temporary event license to, 60 days before the event, provide the bureau a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event and to update that list in a manner similar to what is provided in existing regulations. This means that, for example, if someone were to sell budderweeds at an event, that person would need to be licensed and the product would need to be listed with the bureau. The bill would specifically authorize the bureau to impose a civil penalty on any person who violates the requirements governing state temporary event licenses in an amount up to 3 times the amount of the license fee for each violation. The bill would authorize the bureau to require the event and all participants to cease operations without delay if in the opinion of the bureau or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The bill would authorize the bureau to require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the bureau that authorizes the participant to sell cannabis or cannabis products and would authorize the bureau to require the event and all participants to cease operations immediately if the participant does not leave immediately. The bill would specify that an order by the bureau for the event to cease operations does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. The bill would exempt an order by the bureau for the event to cease operations from specified provisions related to the discipline of a license and from specified provisions related to the appeal of a decision by a licensing authority. If you run a dispensary and want to ensure that you are compliant with state regulations, you can use Green Bits to ensure that you are doing so and also make use of their POS system to grow your business.
Children’s Healthy Meal – AB 1192, require a restaurant that sells a children’s meal that includes a beverage, to make the default beverage water, sparkling water, or flavored water, as specified, or unflavored milk or a nondairy milk alternative, as specified. The bill would not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase, an alternative beverage if the purchaser requests one. The bill would make a violation of its provisions an infraction, but would make the first violation subject to a notice of violation. Under the bill, the 2nd and 3rd violations would be punishable by fines of not more than $250 and $500, respectively.
Conceal Carry Training – AB 2103, This bill would require that the course of training be at least 8 but not be required to exceed 16 hours. The bill would require the course of training to include instruction on firearm handling and shooting technique and to also include a demonstration by the applicant of shooting proficiency and safe handling of each firearm the applicant will be licensed to carry and to include live-fire exercises conducted on a firing range. The bill would require a licensing authority to establish, and make available to the public, standards it uses when issuing licenses with regards to the live-fire shooting exercises it requires, as specified. By imposing additional requirements on local licensing authorities, this bill would create a state-mandated local program.
CPR for Pets (Mouth-to-Snout Emergency Care) – SB 1305, authorize an emergency responder, as defined, to provide basic first aid to dogs and cats, as defined, to the extent that the provision of that care is not prohibited by the responder’s employer. The bill would limit civil liability for specified individuals who provide care to a pet or other domesticated animal during an emergency by applying existing provisions of state law. The definition of “basic first aid to dogs and cats” for purposes of these provisions would specifically include, among other acts, administering oxygen and bandaging for the purpose of stopping bleeding.
Craft Distillers – SB 1164, increases the maximum amount of distilled spirits that a craft distiller is permitted to manufacture to 150,000 gallons. The bill would prohibit the department from issuing a craft distiller’s license to any person that manufactures or has manufactured for it more than 150,000 gallons of distilled spirits per year, as described above. The bill would also eliminate the requirement that the prepackaged containers of the licensee’s spirits described above, be sold only to a person attending these tastings. The bill would make a conforming change in connection with tastings.
Driving Under the Influence – Ignition Interlock Device – SB 1046, From January 1, 2019 to January 1, 2026, this law mandates repeat offenders for driving under the influence (DUI) and first DUI offenders whose violations resulted in injury, to install an ignition interlock device (IID) for a period ranging from 12 to 48 months.
This law also allows those who receive a suspension under the Administrative Per Se law to obtain an IID-restricted driving privilege, and receive credit toward their required IID restriction period if they are later convicted of a DUI. These provisions apply to DUI violations that involve alcohol or the combined use of alcohol and drugs. They do not apply to drug-only violations. Additionally, courts have the discretion to order a non-injury first DUI offender to install an IID for a period of up to 6 months. If the court does not order IID installation, a non-injury first offender may apply for a driver license for IID restrictions or restrictions that allow them to drive to, from, and during their employment and to and from a DUI treatment program for 12 months.
Firearm Purchase – Senate Bill 1177, this bill would make the 30-day prohibition and the dealer delivery prohibition described above applicable to all types of firearms. The bill would also except from that prohibition the purchase of a firearm, other than a handgun, by a person who possesses a valid, unexpired hunting license issued by the state, and the acquisition of a firearm, other than a handgun, at specified charity fundraising events.
Felony-Murder Rule – Senate Bill 1437, require a principal in a crime to act with malice aforethought to be convicted of murder except when the person was a participant in the perpetration or attempted perpetration of a specified felony in which a death occurred and the person was the actual killer, was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree, or the person was a major participant in the underlying felony and acted with reckless indifference to human life.
This bill would prohibit a participant in the perpetration or attempted perpetration of one of the specified first degree murder felonies in which a death occurs from being liable for murder, unless the person was the actual killer or the person was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer, or the person was a major participant in the underlying felony and acted with reckless indifference to human life, unless the victim was a peace officer who was killed in the course of performing his or her duties where the defendant knew or should reasonably have known the victim was a peace officer engaged in the performance of his or her duties.
This bill would provide a means of vacating the conviction and resentencing a defendant when a complaint, information, or indictment was filed against the defendant that allowed the prosecution to proceed under a theory of first degree felony murder or murder under the natural and probable consequences doctrine, the defendant was sentenced for first degree or 2nd degree murder or accepted a plea offer in lieu of a trial at which the defendant could be convicted for first degree or 2nd degree murder, and the defendant could not be charged with murder after the enactment of this bill. By requiring the participation of district attorneys and public defenders in the resentencing process, this bill would impose a state-mandated local program.
Female Board Members – Senate Bill 826, this bill mandates every publicly-held corporation in California to have a minimum of one woman on its board of directors by the end of 2019. By the end of July 2021, the bill would require a minimum of two women on boards with five members and at least three women on boards with six or more.
Garage Door Backup Batteries – SB 969, requires, beginning this summer, all garage door motors sold in California to be equipped with backup batteries to ensure people are not trapped when the power goes out during emergencies.
Green Energy – SB 100, revises goals and declarations to state that the goal of the program is to achieve that 50% renewable resources target by December 31, 2026, and to achieve a 60% target by December 31, 2030. The bill would require that retail sellers and local publicly owned electric utilities procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatthours of those products sold to their retail end-use customers achieve 44% of retail sales by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030. California has shown its intent to be energy efficient for a long time. Title 24 is another example of California’s crack down on energy consumption. This has had a very positive impact on the energy use of buildings across the state.
Gun Sales/Transfers to 21 years & Older – SB 1100, prohibits the sale or transfer of any firearm by a licensed dealer, except as specifically exempted, to any person under 21 years of age.
The bill does include exemptions for anyone under 21 who serve as police officers, in the military or have valid state hunting licenses.
Gun Violence Restraining Order – SB 1200, expands the definition of ammunition to include a magazine. The bill would make conforming changes to the notice required to be given to the subject of a gun violence restraining order. This bill would prohibit a filing fee for an application, responsive pleading, or an order to show cause that seeks to obtain, modify, or enforce a gun violence restraining order. The bill would also prohibit a fee for a subpoena filed in connection with that application, responsive pleading, or order to show cause. This bill would require the court to transmit a copy of the receipt to the Department of Justice and would require the department to keep a record of this information. The bill would require a law enforcement officer, when serving a gun violence restraining order, to verbally ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control. This bill would require the court to hold a hearing within 21 days of the issuance of a temporary emergency gun violence restraining order to determine if a gun violence restraining order valid for one year should be issued.
Home Food Business – AB 626, This bill would, among other things, include a microenterprise home kitchen operation within the definition of a food facility, and would define a microenterprise home kitchen operation to mean a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets specified requirements, including, among others, that the operation has no more than one full-time equivalent food employee and has no more than $50,000 in verifiable gross annual sales. The bill would specify that the governing body of a city or county, or city and county, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with the provisions of this bill, except as provided. The bill would require a microenterprise home kitchen operation to be considered a restricted food service facility for purposes of certain provisions of the code, except as otherwise provided, and would exempt a microenterprise home kitchen operation from various provisions applicable to food facilities, including, among others, provisions relating to handwashing, sinks, ventilation, and animals. The bill would require the applicant for a permit to operate a microenterprise home kitchen operation to submit to the local enforcement agency written standard operating procedures that include specified information, including all food types or products that will be handled and the days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation.
Lifetime Gun Ban (Domestic Violence) – AB 3129, This bill would prohibit a person who is convicted on or after January 1, 2019, of a misdemeanor violation of willful infliction of corporal injury upon a spouse, cohabitant, or other specified person, from ever possessing a firearm. The bill would make the violation of that prohibition punishable as either a misdemeanor or as a felony.
Lifetime Gun Ban (Mental Health) – AB 1698, indefinitely removes the firearms of an individual who has been placed on a 5150 hold twice in one year, with the option to petition the court every five years for a hearing to have them returned.
Minimum Wage – SB 3, Minimum Wage will increase to $11 an hour for those who work at companies with 25 people or less. It will be $12 an hour for those with 26 people or more. By 2023, all businesses will pay employee at least $15 per hour. (Bill approved in 2015-16)
Net Neutrality – SB 822, enacts the California Internet Consumer Protection and Net Neutrality Act of 2018. This act would prohibit fixed and mobile Internet service providers, as defined, that provide broadband Internet access service, as defined, from engaging in specified actions concerning the treatment of Internet traffic. The act would prohibit, among other things, blocking lawful content, applications, services, or nonharmful devices, impairing or degrading lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, and specified practices relating to zero-rating, as defined. It would also prohibit fixed and mobile Internet service providers from offering or providing services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services have the purpose or effect of evading the above-described prohibitions or negatively affect the performance of broadband Internet access service.
Patient’s Right to Know Act of 2018 – SB 1448, begins on July 1,requires physicians who are disciplined by their regulatory board for the following four categories of misconduct to notify their patients prior to their visit:
- Sexual misconduct with a patient
- Drug abuse that can harm patients
- Criminal conviction involving harm to patients
- Inappropriate prescribing resulting in patient harm and five or more years of probation
In addition to physicians, SB 1448 applies to surgeons, osteopaths, naturopathic doctors, chiropractors, podiatrists and acupuncturists who are placed on administrative probation by regulators on or after July 1.
Pets & Divorce (Treat Pets Like People, Not Property) – AB 2274, authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.
Pet Store/Animal Shelter – AB 485,prohibits a pet store operator from selling a live dog, cat, or rabbit in a pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group, as defined, that is in a cooperative agreement with at least one private or public shelter, as specified. The bill would require all sales of dogs and cats authorized by this provision to be in compliance with laws requiring the spaying or neutering of animals, as specified. The bill would require each pet store to maintain records sufficient to document the source of each dog, cat, or rabbit the pet store sells or provides space for, for at least one year, and to post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the entity from which each dog, cat, or rabbit was obtained, and would authorize public animal control agencies or shelters to periodically require pet stores engaged in sales of dogs, cats, or rabbits to provide access to those records. The bill would make a pet store operator who violates these provisions subject to a civil penalty of $500, as specified.
Plastic Straws – AB 1884, this bill prohibits a full-service restaurant from providing single-use plastic straws to consumers unless requested by the consumer. A fine of $25 could be imposed for each violation up to $300 annually.
Police Officer LGBTQ Training – AB 2504, Requires the commission to develop and implement a course of training regarding sexual orientation and gender identity minority groups in this state. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers and dispatchers and would require the course or courses to include specified topics, including the terminology used to identify and describe sexual orientation and gender identity and how to create an inclusive workplace within law enforcement for sexual orientation and gender identity minorities. The bill would authorize law enforcement officers, administrators, executives, and dispatchers to participate in supplementary training that includes the topics, as specified, in that course of training.
Privileged Communications/ Sexual harassment – AB 2770, This bill would include among those privileged communications complaints of sexual harassment by an employee, without malice, to an employer based on credible evidence and communications between the employer and interested persons regarding a complaint of sexual harassment and would authorize an employer to answer, without malice, whether the employer would rehire an employee and whether or not a decision to not rehire is based on the employer’s determination that the former employee engaged in sexual harassment.
Settlement Agreements: confidentiality – SB 820, prohibits a provision in a settlement agreement that prevents the disclosure of factual information relating to certain claims of sexual assault, sexual harassment, or harassment or discrimination based on sex, that are filed in a civil or administrative action. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the claim, as described in the bill, entered into on or after January 1, 2019, void as a matter of law and against public policy. The bill would also provide that a court may consider the pleadings and other papers in the record, or any other findings of the court in determining the factual foundation of the causes of action specified in these provisions. The bill would create an exception, not applicable if a party is a government agency or public official, for a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity, if the provision is included within the settlement agreement at the request of the claimant.
Temporary License Plate Program – AB 516, this law requires licensed California dealers, of new and used vehicles to attach temporary paper license plates on a vehicle at the point of sale if that vehicle does not display license plates previously issued by the DMV. The temporary license plates contain a unique number and expiration date. No vehicle can be driven off the dealership lot without the temporary license plate affixed to it unless it already has issued plates. The intent of this new law is to reduce the number of toll violators and improve safety for law enforcement.
Water – Automatic Water Shutoffs – SB 998, protects low-income residents from automatic water shutoffs by enacting the Water Shutoff Protection Act which mandates flexible payment schedules, notice requirements and other due-process procedures that water districts must follow.
Wildfire Safety Bill (AKA PG&E Bailout) – SB 901, requiring better forest management practices, increased fuel reduction efforts, the de-energizing of electric utility power lines in extreme weather and a general hardening of the utility grid. It also protects ratepayers by authorizing the use of ratepayer protection bonds for utilities.
Youth Under 16 to Adult Courts – AB 1391, This bill would repeal the authority of a district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a specified serious offense when he or she was 14 or 15 years of age, unless the individual was not apprehended prior to the end of juvenile court jurisdiction, thereby amending Proposition 57. By increasing the number of minors retained under the jurisdiction of the juvenile court.
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