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    • Special reports

    New Laws 2018

    Jan. 10, 2018

    New Laws

    A list of all California laws passed in 2017 and the codes they modified, plus expert analysis on the most impactful legislation of the year.

    In This Issue:

    Administrative/Regulatory, Government, Tax

    AB 102: Reorganization of California’s tax regime

    Assembly Bill 102 limits the Board of Equalization's power almost entirely to functions enumerated under the California Constitution, plus any related statutory powers.

    Administrative/Regulatory, Corporate, Labor/Employment

    AB 168: California prohibits applicant salary inquiries

    Assembly Bill 168 prohibits California employers from asking -- directly or indirectly -- about a candidate's prior salary history information, which includes both the individual's rate of pay as well as other benefits.

    Administrative/Regulatory, Environmental & Energy

    AB 398: Extends state cap-and-trade program

    In addition to extending the life of the gas emissions reduction program, Assembly Bill 398 also strengthened its legal underpinnings with a 2/3 supermajority vote which foreclosed a further legal challenge as an improper tax under Proposition 26.

    Administrative/Regulatory, Corporate, Labor/Employment

    AB 1008: Restrictions on criminal history inquiries

    Assembly Bill 1008 prohibits employers with five or more employees from inquiring into an applicant's criminal history until after they make a conditional offer of employment.

    Immigration, Civil Litigation

    AB 1690: Protecting immigrants from fraud

    Assembly Bill 1690 will prevent discovery of a plaintiff's immigration status in most consumer protection claims.

    Insurance

    AB 1696: Long-term care insurance coverage

    Under California Assembly Bill 1696, an insured and an insurer may agree to benefits and services that are not specifically provided by the policy (referred to as an "alternate plan of care").

    Agriculture

    Business

    Civil

    Education

    Energy

    Environment and Public Resources

    Family Law and Probate

    Government

    Health Care

    Administrative/Regulatory, Construction, Real Estate/Development

    Affordable housing bill package

    The bills take several different approaches to the housing dilemma, including providing more funding for affordable housing development, streamlining local government housing approvals, restoring local authority to require affordable housing in private projects, and strengthening the state's general plan housing element and "Anti-NIMBY" laws.

    Insurance

    Judiciary

    Juvenile

    Labor

    Military

    Municipalities

    Native American

    Real Estate

    Safety and Public Health

    Administrative/Regulatory, Health Care & Hospital Law

    SB 17: Drug price transparency rules

    Senate Bill 17 requires pharmaceutical manufacturers that have a wholesale acquisition cost of more than $40 for a course of therapy to give 60 days' notice to state and health insurers if they plan to raise the price of a medication by 16 percent or more over a two-year period. It also requires pharmaceutical companies to justify the increased prices.

    Banking, Corporate, Criminal

    SB 33: Arbitration agreements covering bank fraud are out

    Senate Bill 33 prohibits financial institutions from forcing customers to give up their legal rights to adjudicate claims in court when a bank commits fraud or identity theft.

    Corporate, Labor/Employment

    SB 63: Small business parental leave rules

    Under Senate Bill 63, known as the New Parent Leave Act, California Family Rights Act protections now apply to smaller employers -- those employers with at least 20 employees within a 75-mile radius of the worksite of an employee seeking leave under the law.

    Administrative/Regulatory, Government, Tax

    SB 231: Stormwater fees and property taxes

    Senate Bill 231 opens up another legal chapter in California's tortured history of tax and fee assessment, and places into question who may be required to pay stormwater fees, and the recourse of local governments when faced with unfunded state mandates imposed through stormwater permits.

    Administrative/Regulatory, Environmental & Energy

    SB 258: Cleaning product ingredient disclosure

    Under Senate Bill 258, companies will need to disclose chemicals in home-use and institutional cleaning products online by 2020 and on product labels by 2021.

    Government, Labor/Employment

    SB 285: Public employers and union membership

    Senate Bill 285 addresses unions' concern that employers may attempt to coerce employees to withdraw -- or convince new employees to abstain from -- union membership.

    Labor/Employment, Civil Litigation

    SB 306: Whistleblower protections enhanced

    Senate Bill 306 expands the protections afforded to whistleblowers in the workplace and revises retaliation claim procedures by amending California Labor Code Section 98.7.

    Constitutional Law, Criminal

    SB 395: Protections for juveniles during custodial interrogation

    Senate Bill 395 protects California's youth from involuntarily and unknowingly waiving Miranda rights during custodial interrogation.

    Corporate, Labor/Employment

    SB 396: Workplace training adds transgender persons

    Senate Bill 396 amended the California Fair Employment and Housing Act with respect to transgender persons.

    Judges and Judiciary, Civil Litigation

    SB 658: Ensuring fair and impartial juries

    Senate Bill 658 revises Code of Civil Procedure Section 222.5 by providing more guidance as to how voir dire is to be conducted and to address the issue of arbitrary restrictions on attorney examination of potential members of a jury in a civil case.

    Real Estate/Development, Construction, Transportation

    SB 680: Transit-oriented development projects near BART

    Senate Bill 680 extends the boundaries within which BART can pursue commercial, residential or mixed-use development from a quarter mile to a half-mile of its stations.

    Corporate, Tax

    SB 813: Expanded Voluntary Disclosure Program

    Senate Bill 813 expands California's Voluntary Disclosure Program and is codified at Cal. Rev. & Tax. Code Sections 19191- 19192. It is predicted to lower tax revenue by $100,000 annually.

    Taxation

    Technology

    Utilities

    Welfare and Health and Human Services

    Criminal and Penal

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