NEW LAWS TO ADDRESS COVID, TRAFFIC, WORKPLACE ISSUES
A new year is just around the corner and with it comes a variety of new California laws.
From license points for distracted driving to wildfire relief to COVID-19 notification exposure, a slate of new laws approved by the California legislature and signed into law by Gov. Gavin Newsom will go into effect in 2021. Below is just a sample. Laws become effective Friday unless indicated otherwise.
Several traffic-related laws are on the books for 2021. Assembly Bill 47 by Assemblyman Tom Daly, D-Anaheim, expands upon the fine issued to drivers who hold cellphones in their hands while driving. Under this new legislation, those who violate the hands-free law for a second time within 36 months will receive an added point on their driving record. This applies to those who talk or text while driving and holding the phone with their hands and to any use of these devices while driving if the driver is under the age of 18. The law goes into effect July 1.
Assembly Bill 2717 by Assemblyman Edwin Chau, D-Arcadia, exempts people from civil or criminal liability for trespassing or damaging a vehicle when rescuing a child age 6 or younger who is in immediate danger from heat, cold, lack of ventilation or other perilous situations.
Assembly Bill 2285 by the Assembly Transportation Committee extends the provisions from the current “Move Over, Slow Down” law for freeways and applies them toward local streets. Drivers approaching a stationary emergency vehicle displaying emergency lights are required to move to another lane when possible or slow down to a reasonable speed.
Senate Bill 909 by Sen. Bill Dodd, D-Solano, allows authorized emergency vehicles to use a “Hi-Lo” warning sound to notify residents of an emergency that requires immediate evacuation. The law went into effect Sept. 29, but the California Highway Patrol is working in regulations to standardize the sounds statewide. Until then, law enforcement agencies can use the “Hi-Lo” warning sound by obtaining a permit from the CHP. The Solano County Sheriff’s Office began using it shortly before the LNU Lightning Complex Fires in August.
Several other laws relate to the ongoing coronavirus pandemic. Assembly Bill 685 by Assemblywoman Eloise Reyes, D- Grand Terrace, requires employers to notify all employees of potential exposures, disclose disinfection and safety measures that will be taken in response and notify local public health agencies of any outbreaks. The law will remain in effect until 2023.
Senate Bill 1159 by Sen. Jerry Hill, D- San Mateo, would expand access for workers who test positive for the virus to have easier access to workers’ compensation, including medical care and wage replacement benefits.
Assembly Bill 2537 by Assemblyman Freddie Rodriguez, D-Pomona, will require public and private hospitals where employees provide direct care for patients to have a threemonth stockpile of personal protective equipment, including masks and gloves. The law goes into effect April 1.
Assembly Bill 2992 by Shirley Weber, D- San Diego, expands the type of crimes that would allow a victim to take time off from their workplace by including those that have caused physical or mental injuries, regardless of whether or not someone has been arrested in connection with the crimes. The law is an expansion of California Labor Code section 230, which bars employers from discharging, discriminating or retaliating against employees who are victims of a crime.
Assembly Bill 2017 by Assemblyman David Chiu, D- San Francisco, prohibits employers from designating the use of paid sick leave for family member care without the employee’s consent. Employees will have the right to determine when they want to use their accrued or unused paid sick leave to care for their kin.
Senate Bill 973 by Sen. Hannah-Beth Jackson, DSanta Barbara, requires private employers with 100 or more employees to annually submit a pay data report to the California Department of Fair Employment and Housing that also includes the number of employees by race, ethnicity and sex.
Senate Bill 1383, also by Jackson, expands upon the California Family Rights Act, which prohibits large employers from refusing to grant family leave requests to employers who have worked 1,250 hours during the past 12-month period. SB 1383 applies the law to employers with five or more employees and also addresses military exigency related to the active duty of an employee’s spouse, domestic partner, child or parent.
Assembly Bill 979 by Assemblyman Chris Holden, D-Pasadena, expands upon previous legislation requiring all corporate boards in California to have at least one female member by also requiring boards of publicly held corporations to have at least one member from an underrepresented community by the end of 2021. These include those who identify as Black, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, Alaska Native or LGBTQ. Companies with 100 or more employees will also be required to send information on employees, gender, race and ethnicity to the state.
Assembly Bill 2147 by Reyes will allow inmates who successfully participated in the California Conservation Camp Program, which gives incarcerated individuals the opportunity to respond to fires and other emergencies, to have their records expunged upon release. The legislation seeks to remove barriers for former inmates from seeking employment as firefighters after serving their time.
Assembly Bill 1196 by Assemblyman Mike Gipson, D- Carson, will prohibit police from using chokeholds and carotid holds. Similar legislation has been passed in Delaware, Iowa, New York, Oregon and Utah, and such bills were introduced in response to the death of George Floyd, who died after a Minneapolis police officer pressed his knee against Floyd’s neck during an arrest even as he continued to plead for air.
Senate Bill 203 by Sen. Steven Bradford, D-Gardena, will ensure that youths up to 17 will be able to consult with an attorney before being questioned by police or determining whether or not to waive their rights.
Senate Bill 872 by Dodd will make it easier for future wildfire survivors to receive important insurance benefits and streamline the recovery process for homeowners who lose or receive damage to their homes from wildfires. The law will require an advance payment for no less than four months of additional living expenses and would no longer require an itemized inventory for content claims. Starting July 1, the legislation will also expand ALE benefits, including for those whose houses become uninhabitable as a result of wildfires.
Assembly Bill 2756 by then-Assemblywoman Monique Limon, D- Santa Barbara, and Assemblyman Richard Bloom, D- Santa Monica, will provide additional insurance for disaster survivors to rebuild. It will also require more transparency when a new policy is sold that does not cover wildfire losses.
Some of the propositions approved by California voters in the November election will go into effect in 2021. These include Proposition 17, which restores the right to vote of convicted felons after their sentence is completed, and Proposition 19, which creates new rules for property transfers. Beginning in February, residents who inherit a property are required to use it as their primary residence or reassess its tax value. Starting in April, homeowners age 55 or older who lost their homes in a disaster will have the ability to move their tax assessment to a more expensive home three times instead of one.
The minimum wage increase that was approved by then- Gov. Jerry Brown in 2016 will increase to $14 per hour and then rise again to $15 per hour by 2023. Employers with 25 or fewer employees will also be required to pay $13 an hour.