New laws see higher minimum wage, easier access to CEQA, Redskins ban

December 30, 2016
Santa Paula News

A higher minimum wage, restoring public trust in autopsies by ensuring they are conducted only by licensed physicians, making CEQA documents easier to access, tightening restrictions on assault weapons and a ban on using “Redskins” as the name of a school team or mascot are among the latest California laws taking effect in the New Year.

Senator Hannah-Beth Jackson, 19th District D-Santa Barbara/Ventura, took a county issue and turned it into law with Senate Bill 1189. Following the discovery in 2015 that a number of autopsies were done at the Ventura County Medical Examiner’s office by non-physicians while the then-Medical Examiner was on vacation, Jackson and Senator Richard Pan (D-Sacramento) created the bill to restore public trust in autopsies by ensuring they are conducted only by licensed physicians and that forensic autopsy reports are accurate and unbiased. 

Jackson also authored Senate Bill 1435, School Curriculum: Healthy Relationships to address youth violence, preventing sexual assault and encouraging healthy relationships. The new law requires that the next revision of the health framework for K through 8th graders in California’s public schools include age and developmentally appropriate information on resolving disagreements, treating each other with respect, and reducing bullying or harassment. 

Bills targeting sex equity in education and disabled military veterans who are public school employees to receive more sick leave and time-off for medical appointments were among those also authored by Jackson.

California’s minimum wage will increase from $10 an hour to $10.50 for businesses with 26 or more employees under SB3. It will eventually rise to $15 an hour in 2022. The law by Senator Mark Leno, D-San Francisco, delays the increases by one year for smaller employers.

A package of bills were passed by lawmakers to make California’s already tough gun laws tougher when voters reinforced them by passing even more measures. People who own magazines that hold more than 10 rounds will be required to give them up starting Jan. 1. Buyers must undergo a background check before purchasing ammunition and will be barred from buying new weapons that have a device known as a bullet button.

Gun makers developed bullet buttons to get around California’s assault weapons ban, which prohibited new rifles with magazines that can be detached without the aid of tools. A bullet button allows a shooter to quickly dislodge the magazine using the tip of a bullet.

The same rules for civilians to securely store handguns in a lockbox out of plain view or in the trunk if the weapons are left in an unattended vehicle is now extended to law enforcement officers. After stolen guns were used in high-profile crimes, SB 869 by Sen. Jerry Hill, D-San Mateo was authored, closing a legal loophole that had exempted authorities and concealed weapons permit holders from those rules. 

Businesses can now stock EpiPens — used to reverse the onslaught of a life-threatening allergic reaction — under AB1386, which allows pharmacies to dispense the devices to colleges, private businesses and other venues that have a policy in place for using them. 

The bill is a double-edged sword: Gov. Jerry Brown said he signed the bill because it would potentially save lives, but he criticized EpiPen manufacturer Mylan for what he termed “rapacious corporate behavior” by rapidly raising prices.

Sexually assaulting an unconscious or severely intoxicated person will become a crime ineligible for probation, a change prompted when an ex-Stanford University swimmer was given a six-month jail sentence for assaulting an unconscious woman. Now, AB2888 clarifies that a victim cannot consent to sex while unconscious or incapacitated by drugs, alcohol or medication.

Texting while driving is just the beginning of things you can’t do on your phone while behind the wheel. AB1785 by Assemblyman Bill Quirk, D-Hayward, updates California’s existing ban on texting while driving to make it clear that state law prohibits the use of any hand-held device in a way that distracts from driving — not just while texting. Mounted hands-free or voice operated devices can still be used. 

With a new law California public schools will be barred from using the name “Redskins” for sports teams and mascots. American Indians who regard the term as offensive prompted the bill, AB30 by Assemblyman Luis Alejo, D-Watsonville.

Another Jackson bill, SB 1200, will require the Department of Justice to include animal cruelty data in its mandated reports to the Federal Bureau of Investigations. With the proven connection between animal abuse and human violence, the goal of SB 1200 is to protect innocent animals and reduce the possibility of further acts of violence against humans.

Children younger than 2 years old must be in rear-facing child restraint systems unless they weigh 40 or more pounds or are 40 or more inches tall under AB53 by Assemblywoman Cristina Garcia, D-Bell Gardens.

Following a fatal balcony collapse at a Berkeley apartment building in 2015 that killed six people, SB465 by Sen. Jerry Hill, D-San Mateo, requires better information-sharing between state and local agencies about contractors, convictions and legal settlements. 

Medicinal marijuana is legal in California but now terminally ill patients will be allowed to use experimental drugs that do not yet have full regulatory approval under AB1668 by Assemblyman Ian Calderon, D-Whittier. It authorizes but does not require health plans to cover investigational drugs and protects physicians from disciplinary action if they recommend them when other treatment options have been exhausted.

Other new laws will see young people under 18 treated as victims and not arrested as criminals for prostitution, just one of several human-trafficking related bills that will be law January 1.

Another Jackson Bill, SB 122, will streamline the CEQA process by improving the accessibility of California Environmental Quality Act documents by posting them online and expediting the preparation of administrative records. 





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