Home California 40 New California Laws Now in Effect in 2020

40 New California Laws Now in Effect in 2020

by ECT

In 2019, Governor Gavin Newsom signed more than 800 bills in which many now go into effect as of January 1, 2020. Here is a look at 40 bills that will impact Californians in 2020.

 

AB 5: Gig Economy
This labor law reclassifies some independent contractors as employees. The Bill aims to provide clarity for businesses, workers and taxpayers in the wake of the Dynamex ruling by the California Supreme Court in the 2018. Under the bill, it will now make it harder for companies to label workers as independent contractors versus employees–a practice used to get around state and federal labor laws. By calling them employees, they now would have to pay certain taxes, benefits, overtime, or minimum wages.

AB12: Gun Violence Restraining Orders
This bill would authorize a law enforcement officer to file a petition for a gun violence restraining order in the name of the law enforcement agency in which the officer is employed. The bill would change the duration of the gun violence restraining order and the renewal of the gun violence restraining order from one year to a period of time between one to 5 years, subject to earlier termination or renewal by the court. The bill would require a court, in determining the duration of the gun violence restraining order, to consider the length of time that the threat of personal injury is likely to continue, and to issue the order based on that determination. This bill would instead authorize a person subject to a gun violence restraining order to submit one written request per year for a hearing to terminate the restraining order. The bill would make conforming changes and other technical changes.

AB 68 – Accessory Dwelling Units
This bill makes it easier, faster, and cheaper to build granny units to assist the states housing crisis.

AB 205 – Beer Definition Expanded
This bill revises the definition of “beer” for purposes of the Alcoholic Beverage Control Act to provide that beer may be produced using honey, fruit, fruit juice, fruit concentrate, herbs, spices, and other food materials, as adjuncts in fermentation.

AB 375: Online Privacy Protections
The bill grants a consumer a right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of 3rd parties with which the information is shared. The bill would require a business to make disclosures about the information and the purposes for which it is used. The bill would grant a consumer the right to request deletion of personal information and would require the business to delete upon receipt of a verified request, as specified. The bill would grant a consumer a right to request that a business that sells the consumer’s personal information, or discloses it for a business purpose, disclose the categories of information that it collects and categories of information and the identity of 3rd parties to which the information was sold or disclosed. The bill would require a business to provide this information in response to a verifiable consumer request. The bill would authorize a consumer to opt out of the sale of personal information by a business and would prohibit the business from discriminating against the consumer for exercising this right, including by charging the consumer who opts out a different price or providing the consumer a different quality of goods or services, except if the difference is reasonably related to value provided by the consumer’s data. The bill would authorize businesses to offer financial incentives for collection of personal information. The bill would prohibit a business from selling the personal information of a consumer under 16 years of age, unless affirmatively authorized, as specified, to be referred to as the right to opt in.

AB 218: Statute of limitations for childhood sex assaults
This bill would expand the definition of childhood sexual abuse, which would instead be referred to as childhood sexual assault. This bill would increase the time limit for commencing an action for recovery of damages suffered as a result of childhood sexual assault to 22 years from the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that the psychological injury or illness occurring after the age of majority was caused by sexual assault, whichever is later. This bill would also provide for the recovery of up to treble damages against certain defendants in these actions, and would revive time-lapsed claims in certain circumstances.

AB 602 – Deepfake Porn Lawsuits
This bill would provide that a depicted individual, as defined, has a cause of action against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) who intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation.

AB 619 – Reusable Food Containers
This bill allows clean consumer-owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container, and would require the food facility to isolate the consumer-owned containers from the serving surface or sanitize the serving surface after each filling. The bill would require the consumer-owned containers to be designed and constructed for reuse, as specified. The bill would require the food facility to prepare, maintain, and adhere to written procedures to prevent cross-contamination, and to make the written procedures available to the enforcement agency.

AB 1110: Rent Increase Noticing
Under this bill, it requires landlords to give 90 days notice to a tenant before imposing rent increases of more than 10 percent.

AB 1482 – Rent caps
Establishes a 5 percent annual rent cap, plus inflation, coupled with just-cause protections – the strongest renter protections in the nation. The cap does not apply to property built within the last 15 years. Requires landlords to provide just cause for evictions.

AB 1707 – Smartphones in Polling Places
This bill provides that a voter or any other person may not be prohibited from using an electronic device, including a smartphone, tablet, or other handheld device, at a polling place provided that the use of the device does not result in a violation of other provisions of law.

AB1762 – Dog Areas at Parks
This bill would require the department to establish and maintain on its Internet Web site a comprehensive, up-to-date list of each unit with information on whether the unit or a portion of the unit allows dogs and additional specified informationbasically State Parks must maintain an up-to-date list of dog parks and total number of miles of trails available for dogs.

AB 2188 – Campaign Disclosure on Digital Ads
This bill would modify the disclosures required for electronic media advertisements. The bill would require an electronic media advertisement that is a graphic, image, animated graphic, or animated image that the online platform, as defined, hosting the advertisement allows to link to an Internet Web site, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to meet the “Who funded this ad?” disclosure described above. The bill would modify the “Who funded this ad?” disclosure in various ways, including requiring the disclosure to be made for the duration of the advertisement and allowing the text to be replaced with the phrase “Paid for by” or “Ad Paid for by.” The bill would require for an email message or Internet Web site the disclosures to be made at top or bottom of the email message, or at the top or bottom of every publicly accessible page of the Internet Web site, as applicable. The bill would require an electronic media advertisement that is disseminated as a video to comply with certain disclosure requirements, and if the video is longer than 30 seconds, the disclosures to be made at the beginning of the advertisement.

SB 3 – Minimum Wage Increase
Raises the state minimum wage to $13 per hour for workplaces with 26 or more employees and $12 for workplaces with fewer than 26 employees. By 2023, all workplaces will pay $15 an hour for minimum wage.

SB 8: Smoking on State Beaches
This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, on a state beach, as defined, or in a unit of the state park system, as defined, except as provided, or to dispose of used cigar or cigarette waste on a state beach or in a unit of the state park system unless the disposal is made in an appropriate waste receptacle.

SB 22 – Rape Kit Testing
Requires agencies to submit sexual assault forensic evidence to the crime lab within 20 days after it is booked into evidence.

SB 47 – Campaign Finance Disclosure
This bill requires, for a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee, as specified, that an Official Top Funders disclosure be made, either on the petition or on a separate sheet, that identifies the name of the committee, any top contributors, as defined, and the month and year during which the Official Top Funders disclosure is valid, among other things. The bill would require the committee to create an Official Top Funders sheet meeting certain requirements and would authorize the committee to create a page on an internet website that includes a link to the most recent Official Top Funders sheet and a link to the full text of the measure.

SB 83 – Paid Family Leave
This bill would authorize an eligible employee, as defined, to receive Nonindustrial Disability Insurance Family Care Leave benefits equal to 1/2 pay in lieu of using sick leave or annual leave, for up to 6 weeks of benefits during any 12-month period, for Nonindustrial Disability Insurance Family Care Leave, as defined. The bill would make conforming changes to existing Nonindustrial Disability Insurance benefits provisions.

SB 104 – Healthcare for Undocumented Immigrants
This bill would extend eligibility for full-scope Medi-Cal benefits to individuals 19 to 25 years of age, inclusive, and who are otherwise eligible for those benefits but for their immigration status. This bill would additionally require the department to claim federal financial participation to the extent that the department determines it is available, and to the extent that federal financial participation is not available, would require the department to use state funds. Because counties are required to make eligibility determinations and this bill would expand Medicaid eligibility, the bill would impose a state-mandated local program.

SB 142: Lactation Accommodation
This bill requires an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee’s workspace, as specified. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish remedies that include filing a complaint with the Labor Commissioner.

SB 167 – Public Safety Power Shutoffs
This bill would require each electrical corporation, as part of those protocols, to additionally include protocols related to mitigating the public safety impacts of disabling reclosers and deenergizing portions of the electrical distribution system that consider the impacts on customers who are receiving medical baseline allowances. The bill would authorize electrical corporations to deploy backup electrical resources or provide financial assistance for backup electrical resources to those customers receiving medical baseline allowances and who meet specified requirements.

SB 188 – Hairstyle Discrimination
Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory employment practices, including hiring, promotion, and termination based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations. The act also prohibits housing discrimination based on specified personal characteristics, including race. The act also prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. Existing law defines terms such as race, religious beliefs, and sex, among others, for purposes of the act. This bill would provide that the definition of race for these purposes also include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, and would define protective hairstyles for purposes of these provisions.

AB 247: Tree trimming
Under this bill, the Gives the California Public Utilities Commission gains more oversight. This bill requires an electrical corporation, within one month of the completion of a substantial portion of the vegetation management requirements in its wildfire mitigation plan, to notify the division of the completion. The bill would require the division to audit the completed work and would require the audit to specify any failure of the electrical corporation to fully comply with the vegetation management requirements. The bill would require the division to provide the audit to the electrical corporation and to provide the electrical corporation a reasonable time period to correct and eliminate deficiencies specified in the audit.

 

SB 273 – Domestic Violence Statue of Limitations
This bill would authorize prosecution for that crime to be commenced within 5 years. The bill would apply to crimes that are committed on or after January 1, 2020, and to crimes for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.

SB 313: Circus Cruelty Prevention Act
This bill would prohibit a person from sponsoring, conducting, or operating a circus, as defined, in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse. The bill would prohibit a person from exhibiting or using any animal other than a domestic dog, domestic cat, or domesticated horse in a circus in this state.

SB 419 – School suspension
Eliminates willful defiance suspensions in grades 4-5 and banning them in grades 6-8 for five years. The new law applies to both traditional public schools and charter schools.

SB 439 – Juvenile Hall Age
This bill would modify the ages that a person must be to fall within the jurisdiction of the juvenile court or adjudged a ward of the court under these circumstances to between 12 years of age and 17 years of age, inclusive, except that any minor who is under 12 years of age when he or she is alleged to have committed murder or rape, sodomy, oral copulation, or sexual penetration by force, violence, or threat of great bodily harm would still be within the jurisdiction of the juvenile court and may be adjudged a ward of the court. On and after January 1, 2020, the bill would, if a minor under 12 years of age comes to the attention of law enforcement because his or her behavior or actions are as described under existing law, require the county to release the minor to his or her parent, guardian, or caregiver, except as provided. On and after January 1, 2020, the bill would require counties to develop a process for determining the least restrictive responses that may be used instead of, or in addition to, the release of the minor to his or her parent, guardian, or caregiver. By imposing additional duties on counties, the bill would impose a state-mandated local program.

SB 644: Security Deposit on Residential Rentals
Lowers the amount that a landlord can charge service members for a security deposit on residential rental housing.

SB 652: Display of Religious Items
This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.

SB 970 – Human Trafficking
This bill would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. (Hotels & motels)

SB 1249 – Animal Testing
This bill would make it unlawful for a manufacturer to import for profit, sell, or offer for sale in this state, any cosmetic, as defined, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified.

 


Health Care (Section via Covered California)

Senate Bill (SB) 106 provides the appropriations for the state subsidy program, along with income eligibility and specified funding allocation by eligibility levels. (SB 106, Committee on Budget and Fiscal Review, Chapter 55, Statutes of 2019.)

SB 78 is the omnibus health trailer bill that establishes the individual mandate and penalty, as well as the requirements for the state subsidy program. (SB 78, Committee on Budget and Fiscal Review, Chapter 38, Statutes of 2019.)

Assembly Bill (AB) 1309 expands the individual market open-enrollment period to Nov. 1 to Jan. 31. It sets Feb. 1 as the effectuation date for those who enroll between Dec. 16 and Jan. 31. This will give consumers additional time to sign up for coverage, thereby helping more Californians to become insured. (AB 1309, Bauer-Kahan, Chapter 828, Statutes of 2019.)

SB 104 authorizes the provision of full-scope Medi-Cal to adults aged 19-25 regardless of their immigration status. (SB 104, Committee on Budget and Fiscal Review, Chapter 67, Statutes of 2019.)

SB 276 standardized the provision of medical exemptions for vaccination by requiring the California Department of Public Health to develop a statewide electronic request form, tracking school immunization levels and addressing physicians who submit an unusually high number of medical exemption forms. (SB 276, Pan, Chapter 278, Statutes of 2019.)


Traffic Laws (section via California Highway Patrol)

License points for distracted driving (AB 47, Daly):  Current law prohibits a person from driving a motor vehicle while using a wireless telephone in a handheld manner; if found in violation, the offense is punishable by a fine.  However, beginning July 1, 2021, this new law will levy an additional penalty on a driver found in violation of California’s hands-free law:  a point will be added on to a driver’s record for each hands-free violation occurring within 36 months of a prior conviction for the same offense.

 

Peace officer use of deadly force (AB 392, Weber):  Beginning January 1, 2020, this new law revises the standards for use of deadly force by peace officers.  The use of deadly force by a peace officer is justifiable when the officer reasonably believes it is necessary.   Section 835a of the Penal Code amends the reasonable force standard to “objectively reasonable force.”

 

Law enforcement:  use of deadly force:  training:  policies (SB 230, Caballero):   With the enactment of AB 392, this new law requires law enforcement agencies to rewrite use of force policy and provide mandatory training to all peace officers in order to comply with the new law.

 

Traffic control devices:  bicycles (AB 1266, Rivas):  This new law allows bicycles to travel straight through a right or left-hand turn-only lane while at an intersection, if an official traffic control device indicates the movement is permitted.  The Department of Transportation would be required to develop standards to implement the provisions.

 

Transportation:  omnibus bill (AB 1810, Committee on Transportation):  Amends Section 34621 of the California Vehicle Code (CVC) allowing motor carriers of property to continue operating for 30 days past their permit expiration date, under specified circumstances.  This legislation also provided for an amendment to Section 23229 CVC.  California law will now prohibit the consumption of cannabis, in any manner, by passengers in a bus, taxicab, pedicab, limousine, housecars, or camper.  This exemption is now only applicable to alcoholic beverages consumed by passengers in these types of vehicles.

 

Wildlife salvage permits (SB 395, Archuleta):  Directs the Department of Fish and Wildlife to conduct a wildlife-collision data collection pilot program to support wildlife conservation efforts.  Additionally, this bill would authorize the Fish and Game Commission, in consultation with the CHP and other stakeholders, to establish a wildlife salvage pilot program authorizing the issuance of a permit for the removal and recovery of deer, elk, pronghorn antelope, and wild pigs killed because of a collision with a vehicle, if the wild game meat is used for human consumption.

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10 comments

Robert C Jan 1, 2020 - 8:49 am

I often wonder if other states have legislatures that are as collectively stupid as California’s. This is the institution that has given us Prop 13, MTBE in our gasoline, deregulation of the power production industry and totally screwed up the political primary process. And we all know how well THOSE turned out.

How about sticking to to fixing what DOESN’T work now – like DMV, CALTRANS, etc.?

PattyOfurniture Jan 2, 2020 - 7:55 am

Don’t forget Motor Voter (*COUGHillegalsvote*) law.

Oh, and vote harvesting; which is why OC was able to be flipped to blue- AFTER election day when all the absentee ballots came in. Strange coincidence, that one…..

Robert C Jan 2, 2020 - 11:38 am

I’m also opposed to having DMV involved at all in voter registration for one simple reason: incompetence. DMV can’t even perform its primary function adequately.

PattyOfurniture Jan 2, 2020 - 7:44 am

“We’re from the government. We’re here to help”

Montgomery Jan 2, 2020 - 11:02 pm

There is no way I would ever hire anyone with 128 long braids whipping around! Law 188 is totally stupid. Did you see the hair on the California legislator who proposed this crazy law? She looks like SHIT! She would scare all my customers away! I do not want any of my employees with hair looking like it’s got highways for cooties. Yuck!

Lola Saavedra Jan 3, 2020 - 3:26 pm

I’m with you on that, Monty! The blacks with 128 long braids, if they spin their heads, could kill someone! Or take some dude with DREDS .. look like insects and small rodents live in there! One of them, the singer WEEKND has hair that resembles a squirrel sitting on his head eating nuts. Something did fly out of his hair during on of the award ceremonies! YUCK!

Gomez Jan 3, 2020 - 11:43 am

And that is why SB 188 is needed to protect workers from individuals like yourself! Having braids in your hair has nothing to do with how adequate a person performs in their job!

Sorcerer Jan 4, 2020 - 1:49 am

Well, Gomez, I sure as hell would not hire them no matter how adequately they perform! They would scare away my customers! If they are so proficient and adequate then they would strive to look PRESENTABLE. Appearance has a lot to do with this. Wearing one’s hair which looks like you could have all sorts of critters living in that nappy hair is just plain repulsive. If you want to hire them, then do it.

Fusioner Jan 4, 2020 - 1:44 am

Health care for undocumented immigrants? At whose expense. First they are ILLEGAL ALIENS and they are NOT “immigrants.” Immigrants go through A PROCESS which involves a lot of paperwork, interviews, health checks! This is total INSANITY!

Tammy Fleeman Jan 12, 2020 - 7:39 am

Newsome needs to crawl back under the his rock. Looking professional for a job is the first thing career services teaches you. I wouldn’t hire anyone that doesn’t look professional, that includes hair. As for illegals, screw giving them anything unless they come to the USA the right legal way. Other countries wouldn’t give us freebies if we entered their country illegally. Oh, the school suspension law, is absolutely ridiculous. So now all these badass kids can bully, disrespect, beat up, & cause disruptions & have no consequences
whatsoever. Teachers & school officials aren’t going to put up with that crap. I see a teacher shortage on the horizon. California is dying at the speed of light because of Demo-rats in office. Sad

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