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Friday, January 01, 2016

Revenge Porn, Equal Benefits for Transgender Employees, Vaccinations, Sexual Violence Ed, State Lichen, And Other New California Laws

The LA Times listed a slew of new laws that came into effect today.  Sounds like something like something all major newspapers ought to do.  ADN, you working on the Alaska new laws story?  I can't find a list of new Alaska laws, though there is plenty online about the Alaska's new marijuana law.

Here are some of the new California laws from the LA Times article.  You can see the whole list here.

Here's one that has the potential to impact Alaska, especially if other states copy it:
  • The state’s two major public employee pension funds must sell holdings in companies that derive at least half of their revenue from mining coal used to generate electricity by July 1, 2017.
Here's something I talked about in a two posts in November -  So, How About Wrongful Treatment Insurance? and "Fair and Moral Compensation" - A Followup Post.  It's really a token, but at least it's acknowledgement of a moral duty.
  • The state will increase compensation for innocent people who are wrongly convicted from $100 for each day behind bars to $140, to reflect inflation.

Here are the others
  • Prosecutors are allowed to seek forfeiture of the images and storage devices used in “revenge porn” cases, in which an estranged romantic partner posts nude or sexual pictures of the other person online
  • Law enforcement agencies must obtain a search warrant before looking at private emails, text messages and GPS data stored in smartphones, laptops and the cloud
  • Requires short-term rental platforms such as Airbnb to alert users that if they are renters, listing their home on the site could violate their lease agreements.
  • Companies with state contracts worth at least $100,000 must provide equal benefits to transgender employees.
  • Bans concealed weapons on college campuses.
  • Crisis pregnancy clinics certified by the state must post notices that California has public programs providing affordable contraception and abortions.
  • The word “alien” will be removed from California's labor code to describe those not born in the United States.
  • The vaccination law eliminates the ability of parents to waive immunization rules for their children based on personal beliefs. Though the law takes effect on Jan. 1, it allows parents to delay the vaccinations until July 1 if they filled out a request before New Year’s Day. But almost all students will have to show proof of immunization shots for the start of the new school year this fall
  • High schools that mandate health courses must provide lessons aimed at preventing sexual violence and the concept that both parties must consent to sexual relations.
  • Students are required to take sexual health classes unless their parents object — the classes are now voluntary — and the lessons must include the teaching to be inclusive of different sexual orientations.
  • Cheerleaders for professional sports teams are considered employees, not independent contractors, and therefore are eligible to receive a minimum wage, workers' compensation and other benefits.
  • Designates lace lichen, commonly known as Spanish moss, as California's official lichen.

One imagines that Texas and California are polar opposites.  JRLawFirm let's us compare a bit.  In some ways it's true.  While California banned concealed weapons on campus, Texas did the opposite.
  • Senate Bill No. 11, which will take effect on August 1, amends the Texas Government and Penal Codes to allow handgun license holders, in some circumstances, to carry a concealed handgun on public and private colleges and universities in Texas, as well as other independent institutions of higher learning (does not apply to public junior or community colleges until August 1, 2017).

But in other cases they are moving in the same direction.  Texas also took action against 'revenge porn' and they're requiring a search warrant for cell phone and wireless devices.
  • It is now illegal to broadcast or disclose private, intimate, visual material if that material was disclosed without the person’s consent, the material was not expected to be disclosed, the disclosure of the material caused harm, and the disclosure revealed the identity of the person in any matter. This is now actionable in criminal as well as civil court, per State Bill 1135, effective September 1st, 2015.
  • Police must now obtain a search warrant in order to search a persons’s cell phone or wireless communication device, per House Bill 1396, which will take effect on September 1st, 2015.


And while California now has an official lichen, Texas now has an official hashtag  - #Texas.  I'm sure there will be a lot more activity involving the hashtag than the lichen.






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