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Juneteenth 2018: The Fact Sheet

JuneteenthIn honor of Juneteenth, celebrating the end of slavery in the United States, the Congressional Research Service has issued an updated Juneteenth: Fact Sheet, with an extensive summary of its history, legislation, and samples of Congressional speeches and Presidential proclamations and remarks.  The CRC guide also includes a table of states—including California–that recognize Juneteenth as a State Holiday.

The recognition in CA is through adoption of Government Code §6719 [effective 2004] which designated the 3rd Saturday in June “Juneteenth National Freedom Day: A day of observance.” Juneteenth is not currently a Federal Holiday.

The Emancipation Proclamation, signed by President Lincoln on January 1, 1863, is available for viewing digitally, 155 years later, as a treasure of the National Archives.

As knowledge is power and its own celebration, the San Francisco Law Library also offers free access to all of its professional legal information databases, including the digital library found on HeinOnline, Slavery in America and the World: History, Culture & Law, which collects every statute once in force in the American colonies and states, all reported state and federal cases on slavery, early Congressional debates, along with historical and contemporary articles on the battle for civil rights and emancipation.


And this weekend, on Saturday, June 16th, there will be a Juneteenth Celebration in the Fillmore!

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New Cannabis Regulations

pexels-photo-606506.jpegThe first major challenge to cannabis cultivation regulations has just hit California, so you might be curious to check out the regulations for yourself. Luckily, the new California cannabis regulations and the California Code of Regulations Statement of Reasons are available at the San Francisco Law Library.

The vast array of California regulations for the new cannabis retail sales can be daunting to explore, and finding the basis of how these regulations came about is also no easy task. So why not stop by the library and let your trusty SFLL librarians assist you with your cannabis research questions, or any other California Code of Regulations research you need to do? To get you started, take a look below at our Reference Sheet for Cannabis Regulations which lists which volumes you may want to take a look at first when you start with the regs or annotated codes.

For more on cannabis law, visit the Bureau of Cannabis Control’s website, and take a look at our Cannabis Law LibGuide.


Reference Sheet for Cannabis Regulations

From BARCLAYS CALIFORNIA CODE OF REGULATIONS

Register 2017, No. 49, dated December 8, 2017:

  • Volume 4, Title 3, Division 8 (“Cannabis Cultivation”): Pages 429-459
  • Volume 21A, Title 16, Division 42 (“Bureau of Cannabis Control”): Pages 555-601
  • Volume 22, Title 17, Division 1, Chapter 13 (“Manufactured Cannabis Safety”): Pages 248.20 – 248.44

Register 2017, No. 52, dated December 29, 2017:

  • Volume 23, Title 18 Public Revenues, State Board of Equalization, Business Tax: Chapter 8.7, Cannabis Tax Regulation, §§3700-3701, pp. 205-206

Register 2018, No. 1, dated January 5, 2018:

  • Volume 24, Title 18 Public Revenues, Division 4, Office of Tax Appeals, p.521-540 (see page 3 of the Digest of New Regulations for specifics for this new agency)
    • From the Digest:  “The Office of Tax Appeals (OTA) has adopted emergency regulations concerning appeals from actions taken by the Franchise Tax Board (FTB) or the California Department of Tax and Fee Administration (CDTFA). The OTA is an independent body created by the Taxpayer Transparency and Fairness Act of 2017. Its mission is to provide a fair, objective and timely process for appeals by California taxpayers. As of January 1, 2018, the OTA has sole jurisdiction over tax appeals arising from actions taken by the FTB and the CDTFA.”

Also see the 2018 pocket part for WEST’S ANNOTATED CALIFORNIA CODES in the last volume containing the Index for Business & Professions Code (v.5D), Food & Agriculture Code (v.31D) and the Health & Safety Code (v.41I)

  • The entry “cannabis” will refer you to “Drugs and Medicine” and within that to “Marijuana”

Related links:


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Coming soon to California…REAL ID

Real IDCalifornia will offer REAL ID cards beginning January 22, 2018. Do you need a REAL ID card? Here are the answers to common questions about REAL ID.

What is REAL ID?

The REAL ID Act of 2005 requires state-issued driver’s licenses and personal ID cards to meet certain standards in order to be accepted by a federal agency. This includes domestic air travel and entry to military bases and many federal facilities. The DMV will offer federally compliant REAL ID cards beginning January 22, 2018.

How does it affect me?

TSA will begin requiring REAL ID-compliant driver’s licenses or other acceptable form of identification on October 1, 2020. Other TSA-approved forms of ID such as U.S. passports will still be accepted. See TSA’s website for a complete list of accepted forms of ID.

According to the DMV, you will not need a REAL ID to do the following:

  • Drive
  • Apply for or receive federal benefits (Veterans Affairs, Social Security Administration, etc.)
  • Enter a federal facility that does not require ID (i.e. a post office)
  • Visit a hospital or receive life-saving services

(DMV, REAL ID Act.)

You will also not need a REAL ID to vote, register to vote, “participate in law enforcement proceedings,” or access “constitutionally protected activities (including a defendant’s access to court proceedings).” Department of Homeland Security, Real ID Frequently Asked Questions for the Public.

How do I apply for a REAL ID?

Beginning January 22, 2018, the DMV will offer REAL ID driver’s licenses and ID cards. The following steps are required by the DMV:

  • Make an appointment to visit a [DMV] field office on or after January 22, 2018.
  • Provide proof of identity, such as a U.S. birth certificate, U.S. passport, employment authorization document, permanent resident card or foreign passport with an approved form I-94.
  • Show a California residency document.
  • Present proof of your Social Security number.

(DMV, Real ID Act.)

I heard that the State of California was not in compliance with the REAL ID Act. What does that mean?

California is not in compliance with REAL ID. It was granted an extension by the Department of Homeland Security, and therefore California driver’s licenses and IDs may be used for domestic air travel until October 1, 2020.

What if I hold a driver’s license or ID from a state other than California?

Information on state compliance is available on the Department of Homeland Security website, https://www.dhs.gov/real-id.

Where can I find more information on REAL ID?


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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 Wildfires Helping Handbook

MoFo Fires Handbook

For those affected by the Northern California fires, or those who want to help, the law firm Morrison & Foerster has created the free 2017 Northern California Wildfires Helping Handbook.  The Handbook provides general and practical information for people, small businesses, and other organizations affected by the fires, and covers many issues including FEMA, consumer fraud, housing, employment, SBA loan assistance, and insurance.  There is also a chapter on Lawyer Referral Services and Legal Aid if you find you need further information or assistance.

This handbook is current through October 20, 2017, and a Spanish version is forthcoming.  Check back in at www.mofo.com/norcal-fires for updates.  You can also download a copy of the handbook: 2017 northern-ca-fires-helping-handbook.

The firm is part of the Bay Area Resilience Collaborative, which provides free legal information to California fire survivors.  Information on other free or low-cost legal aid and resources can be found here:

 


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Passport Day 2017

Planning a trip? If you’re traveling abroad, take advantage of Passport Day this Saturday, September 23, 2017. Seven passport offices across the country will be open to assist travelers with either applying for or renewing a passport, no appointment necessary. Locations include San Francisco, Los Angeles, Boston, Chicago, El Paso, and Tucson. September through November are good times to apply or renew, not only because September is National Passport Awareness Month, but also because there’s a quicker turnaround during this quiet period before January.

The San Francisco Passport Agency at the Phillip Burton Federal Building (450 Golden Gate Ave., 3rd Floor) will be open from 9:00 AM to 2:00 PM this Saturday. You don’t need to make an appointment or bring proof of travel to apply for or renew your passport. Just complete your application online, then bring a printed copy of the unsigned form along with an acceptable passport photo. You can find applications here. See the flyer below, visit the U.S. Passports and International Travel website, or call 1-877-487-2778 for more details. Bon voyage!