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Legislative Intent Service, Inc. News & Notes

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

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 LIS NEWS AND NOTES

July 1st New California Laws:  For the most part, when a bill is enacted into law in California, its effective date is governed by Government Code § 9600, which sets forth when an enactment takes effect.  Since 1974, the general rule regarding a legislative action’s effective date is that it becomes effective on January 1, of the year following the enactment.  Prior to 1974, from the years 1967 through 1972, the legislature addressed legislation substantively annually.  Prior to 1965, the legislature met every year, but legislation was substantively considered only in odd-numbered year, with even-numbered reserved for budget and extraordinary sessions usually. 

The California Legislature can choose a different operative date than January 1st of the following year, such as effective immediately upon the Governor’s signature if the bill contains an “urgency” provision.  A very recent example of an urgency bill is AB 2488 (Levine, c. 98), which was signed by Governor Brown into law on July 8, 2014 and became effective immediately to expand an existing provision of the Alcoholic Beverage Control Act that currently allows a licensed winegrower, under specified conditions, to sell estate grown wine at certified farmers' markets to also grant the licensed winegrower the privilege of conducting limited wine tastings for consumers at CFMs under certain circumstances. 

In the case of the eight bills described below, the 2013 Legislature selected July 1, 2014 as their operative dates – thus, each one became effective last week:

  • SB 770, c. 350 (Jackson): Unemployment compensation, disability benefits, paid family leave.  Beginning on July 1, 2014, expands the scope of the family temporary disability program to include time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law, as defined. Would also make conforming and clarifying changes in provisions relating to family temporary disability compensation. 
  • SB 652, c. 431 (DeSaulnier): Real property disclosures: construction defect litigation.  Revises the transfer disclosure statement form to additionally disclose to a potential transferee specified claims for damages by the seller.  There is presently no statutory requirement that a homeowner notify a potential buyer of a construction defect within the home.  For example, if a homeowner receives a cash settlement based on an alleged defect, the homeowner does not need to disclose the nature of the defect to the prospective purchaser or whether a repair was made.  A potential buyer should be aware of this fact and know whether or not that defect has subsequently been repaired.
  • AB 48, c. 728 (Skinner): Firearms; large-capacity magazines banned.  Penal Code § 32310 was amended to add new subdivisions (b) through (c) which provided that commencing July 1, 2014, any person in California who possesses any large-capacity magazine, regardless of the date the magazine was acquired, will be guilty of an infraction or will be guilty of a misdemeanor punishable by a fine, by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment.  Also, any person who, prior to July 1, 2014, legally possesses a large-capacity magazine must dispose of that magazine by the means set forth in the statute.  
  • AB 10, c. 351 (Alejo): Minimum wage annual adjustment.  Increases the minimum wage, on and after July 1, 2014, to not less than $9 per hour.  Also increases the minimum wage, on and after January 1, 2016, to not less than $10 per hour.
  • AB 1121, c. 651 (Atkins):  Gender identity; petition for change of name. As of July 1st, if a petition for a change of name is sought to conform the petitioner’s name to his or her gender identity, and no timely objection is filed, the court is required to grant the petition without a hearing. The bill would exempt the petition action from a specified publication requirement. The bill would authorize a court, at the request of the petitioner to, issue an order reciting the name of the petitioner as a result of the court’s granting of the petition.
  • AB 44, c. 258 (Buchanan):  Subletting and Subcontracting Fair Practices Act; bidding practices.  Requires a contractor to include the contractor license number of each subcontractor listed in any bid or offer submitted after July 1, 2014, for the construction of any public work.
  • AB 218, c. 699 (Dickinson): Employment applications, criminal history. Requires that state and local agencies determine a job applicant's minimum qualifications before obtaining and considering information regarding the applicant's conviction history on an employment application. 
  • SB 745, c. 183 (Sen. Comm. on Transportation and Housing):  Housing.  Extends until July 1, 2014, the compliance date by which battery-operated smoke alarms must contain a nonreplaceable, nonremovable battery that is capable of powering the smoke alarm for at least 10 years; allows suppliers to sell battery-operated smoke alarms without 10-year batteries if they were on order or in inventory before July 1, 2015; and authorizes the State Fire Marshall to adopt exceptions through its regulatory process.

 

New Laws:  Retroactive or Prospective?  Clients ask us about retroactive application of enactments or amendments in bills that affect their statutes of interest and which could adversely affect their claims or litigation strategy.  We understand their concerns and as we review the legislative history materials or the bill itself, we look for any indication that there was legislative intent for retroactive application of the proposals in the bill. 

When there is no express statement or declaration concerning retroactivity in any bill, this can make it difficult to make any absolute determination as to the retroactivity of the provisions of that bill.  The general rule pertaining to retroactivity is that statutes are presumed to operate prospectively unless there is some legislative expression to the contrary. 

The law regarding retroactivity is very complex, and often seems to hinge upon particular factual elements in the circumstance to which the legislation is being applied. Unless we see from the bill itself or from the legislative history materials an intent by the Legislature to have a bill’s provisions apply retroactively, the rule is that the new provisions will apply prospectively.

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LIS 40th Anniversary:  With 2014 marking Legislative Intent Service, Inc.’s 40th year in business, LIS has been in the business of researching legislative history and intent longer than any other private research law firm in California. Many of our long-term clients can look back to our earlier days because they still have our research binders available to their attorneys on their office and library shelves. Now, with pdf delivery of documents, our clients have their legislative history research needs met quickly and completely without copying or scanning charges!

LIS provides excellence in research built upon these four decades of experience, leading to an unparalleled expertise in legislative intent, history and research by our staff attorneys and researchers.  Our firm researches all 50 states’ and federal bills. We also research state and federal regulations and California’s Industrial Welfare Commission. Visit our website to learn more about how our legislative research, whether custom or online store , can help you win your case!

 

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