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Interesting New 2018 California Laws – Part 2

2018 New Laws

Of course there are more new laws to look forward to in 2018!  Part 2 includes some of the big ones (cannabis, sanctuary state), as well as laws on education and free rides from beer manufactures.

  • Prop. 64/AB 64: Cannabis: licensure and regulation – Californians 21 and over can buy up to one ounce (28.5 grams) of cannabis and 0.28 ounces (8 grams) of concentrates.  See our Cannabis Law LibGuide for more information.
  • SB 65: Vehicles: alcohol and marijuana: penalties – Building on Prop 64 and existing law related to alcohol use in vehicles, this bill adds smoking or ingesting marijuana while in a moving vehicle punishable as an infraction.
  • SB 64: Law enforcement: sharing data – Subject to exceptions, this “sanctuary state” law prohibits state and local law enforcement agencies from using resources to investigate, interrogate, detain, detect, or arrest people for immigration enforcement purposes, as specified.
  • SB 29: Law enforcement: immigration – Now city, county, city and county, or local law enforcement agencies cannot enter into a new contract or renew or modify an existing one with the federal government, a federal agency, or a private corporation for immigration detention centers.
  • AB 830: High school exit examination: repeal – Now the high school exit exam is officially repealed as a condition of receiving a diploma or graduation.
  • AB 19: Community colleges: California College Promise – This bill establishes the California College Promise which waives fees for one academic year to a community college for eligible first-time students enrolled in 12 or more semester units or the equivalent.
  • AB 10: Feminine hygiene products: public school restrooms – Public schools that meet the 40% federal pupil poverty threshold must stock free feminine hygiene products in a percentage of their restrooms.
  • SB 575: Patient access to health records – Health care providers will now provide certain low-income patients with a free copy of medical records when they are needed to support a claim for eligibility for a public benefit program (Medi-Cal, CalWORKs and CalFresh, and veterans benefits).
  • AB 369Appeals: child custody orders or judgments – Building on existing law, this bill authorizes that an appeal can be taken from a final order or judgment in a bifurcated proceeding for child custody or visitation rights.
  • AB 711Beer manufacturers: free or discounted rides – Building on the existing Alcoholic Beverage Control Act, beer manufacturers can now provide consumers free or discounted rides in order to further public safety.
  • AB 564Food and agriculture: fruits, nuts, and vegetables: inspections – The Secretary of Food and Agriculture may now enforce and make inspections of grade, standard of quality, and other provisions of raw unprocessed fruit, nut, or vegetable marketing, food safety, or enforcement program.
  • AB 646Rental property: disclosures: flood hazard areas: areas of potential flooding – Owners offering property up for rent on or after July 1, 2018 must disclose to tenants specified flood-related risk information.
  • AB 527Pest control aircraft pilot’s certificate: unmanned aircraft – Someone operating a manned aircraft in pest control must hold a valid manned pest control aircraft pilot’s certificate.  The same applies to an unmanned aircraft.

Interested in even more new laws?  See these articles for more information:

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Interesting New 2018 California Laws – Part 1

2018 New LawsWith 2017 winding down, it’s a good time to look ahead at the new laws that go into effect in the new year.  Leading up to 2018, we will highlight an assortment of interesting new laws.  Our first roundup is a mix of employment, pets, housing, and dinosaurs:

Employment

  • SB 63: Unlawful employment practice; parental leave – California Businesses with 20 or more employees must now provide up to 12 weeks of unpaid protected leave for new parents (this includes adoptions and foster care). This is an expansion of the California Family Rights Act (CFRA).
  • AB 168: Employers; salary information – Employers cannot rely on an applicant’s salary history information in determining whether to offer employment or what salary to provide.  Also, upon reasonable request, the employer must provide a pay scale for the position.
  • AB 1008: Employment discrimination; conviction history – This amends the existing California Fair Employment and Housing Act (FEHA) to state that an employer with 5 or more employees cannot include on any employment application any question regarding an applicant’s conviction history until the applicant has received a conditional offer.
  • AB 450: Employment regulation: immigration worksite enforcement actions – Subject to specified exceptions and in accordance with federal requirements, employers or others acting on the employer’s behalf cannot consent to an immigration enforcement agent entering nonpublic areas of a workplace without a judicial warrant, or granting the agent access to employee records without a subpoena or court order.
  • SB 396: Employment: gender identity, gender expression, and sexual orientation – Building on FEHA, this bill requires employers with 50 or more employees to add harassment training dealing with gender identity, gender expression, and sexual orientation.
  • SB 3: Minimum wage: in-home supportive services: paid sick days – Continues the phase-in of minimum wage rates from the 2016 bill.  Minimum wage will be $11/hour for businesses with 26 or more employees, while those with fewer employees continue to pay the current $10.50/hour.  For more information, see this page.
  • AB 908: Disability compensation: disability insurance – This 2016 bill goes into effect next year and revises the formulas for calculating benefits related to unemployment compensation and family temporary disability insurance for periods of disability from January 1, 2018 to January 1, 2022.  It also does away with the 7-day waiting period for these benefits.

Pets, Housing, Vehicles, and Dinosaurs

  • AB 1491: Sales of dogs and cats: contracts – All rent-to-own contracts entered into on or after January 1, 2018 that lease or transfer ownership of a dog or cat are against public policy and therefore void.  So no leasing pets!
  • AB 1137: Housing developments: pet permissibility – Augmenting existing law, under this bill the Department of Housing and Community Development requires certain new housing developments to allow residents to have one or more common household pets, subject to related state laws and local ordinances.
  • SB 838: Transportation – Vehicle registration fees on every vehicle or trailer coach go from $43 to $53 starting April 1st.
  • SB 20: Vehicles: buses: seatbelts – Buses must maintain seatbelts in good working order starting July 1, 2018.
  • Proposition 63: Firearms. Ammunition sales. Initiative statute – Ammunition purchases and transfers must be made in person through a vendor licensed by the Department of Justice.
  • AB 7: Firearms: open carry – Carrying an unloaded firearm other than a handgun in a prohibited public place or street is a crime.  This bill expands the scope of an existing crime and imposes a state-mandated local program.
  • AB 295: Skydiving or sport parachuting operations – This bill adds Tyler’s Law to the already existing State Aeronautics Act, which prohibits parachuting for sport while under the influence.  Now, skydiving or sport parachuting operation owners or operators also have a duty to ensure that the parachutist in charge of a tandem jump and the parachute rigger who packs the parachute are in compliance with all federal parachute safety and certification laws.
  • AB 1540: State dinosaur: Augustynolophus morrisi – We finally have an official dinosaur!  The duck-billed hadrosaur, Augustynolophus morrisi, lived about 66 million years ago and is only found in California.  Our dinosaur now joins other state symbols such as the saber-toothed cat (official fossil) and denim (official fabric).


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Free MCLE Advanced Westlaw January 17 Noon-1:00 PM

Wednesday, January 17, 2018, Noon to 1:00pm, Advanced Research on Westlaw
Presented by Amy Dhall, Esq.
Government Account Manager, Thomson Reuters
1 Hour free Participatory MCLE Credit – An Email address is required to receive the MCLE certificate from Thomson.

This program will build on the introductory overview on how to retrieve documents by citation, navigate through the search interface, and use KeyCite. Learn how to search with WestSearch, advanced search functions, Boolean terms and connectors, the West Key Number System, and how to retrieve specific content.

Download this free Westlaw patron access user guide.

Jan 17 2018 Adv Research on Westlaw MCLE Flyer

 


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Free Competence MCLE January 10

Wednesday, Jan 10, 2018, Noon to 1:00pm, Substance Abuse in the Legal Community
Presented by Amy Dhall, Esq.
Government Account Manager, Thomson Reuters

1 Hour free Participatory MCLE Credit in Competence – This is a repeat of the June 28, 2017 Program. An Email address is required to receive the MCLE certificate from Thomson.

This event will include a discussion of the relevant professional rules of ethics. We will also discuss the effect of substance abuse on the legal practice within our micro-culture of the Bay Area.

Jan 10 2018 Westlaw Competence MCLE Flyer


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Free Westlaw MCLE December 13

PDF iconWednesday, December 13, 2017, Noon to 1:00pm, Introduction to Westlaw
Presented by Amy Dhall, Esq.
Government Account Manager, Thomson Reuters
1 Hour free Participatory MCLE Credit  – This is a repeat of the July 12, 2017 Program. An Email address is required to receive a certificate from Thomson Reuters.

This comprehensive overview willIntro to Westlaw MCLE Dec 13 2017 Flyer teach you how to retrieve documents by citation, navigate through the search interface, and use KeyCite. Learn how to search with WestSearch, advanced search functions, Boolean terms and connectors, the West Key Number System, and how to retrieve specific content.

Download this free Westlaw patron access user guide.


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December Book of the Month: Woman Lawyer: The Trials of Clara Foltz

Woman Lawyer

Woman Lawyer: The Trials of Clara Foltz
By Barbara Babcock
Reviewed by Andrea Woods, Reference Librarian

This engaging biography examines the life of Clara Foltz, who in 1878 was the first woman to be admitted to the California Bar. After she was abandoned by her husband and left with five young children to care for, she quickly surmised that the traditional “women’s work” of sewing, taking in boarders, and teaching would not provide sufficient income for her family. So she set out to be a lawyer. But first, she needed to remove the obstacle posed by the California Code of Civil Procedure—it stated that only a “white male citizen” could apply for the bar. Ms. Foltz and her allies worked tirelessly to see the enactment of the Woman Lawyer’s Act in 1878, which was among the first American statutes to allow women to practice law, and likely the first that resulted from the legislative process, as opposed to a court order.

The legacy of Ms. Foltz doesn’t end there. In 1879, she successfully argued in the California Supreme Court for the right to continue her education at the new Hastings College of the Law. She was a passionate and persuasive orator for the women’s suffrage movement, and while suffrage did not pass at the California Constitutional Convention of 1879, the women’s lobby managed to secure the addition of a clause guaranteeing equal employment opportunity for women—the first of its kind in any American constitution. And she pioneered the concept of the public defender’s office to ensure procedural fairness—a concept that is now commonplace, but was revolutionary at the time.

Woman Lawyer is a fascinating exploration of not only Clara Foltz’s life and legal thinking, but also of the roiling social and political climate that marked the turn of the century. A story of noble ideals and the hard work it takes to achieve them, this book is a must read!

The Law Library thanks Shannon K. Mauer of Duane Mauer LLP for generously donating this title. To learn how you can donate, please see our Donation Guide.