January 11, 2007

New state laws raise minimum wage, protect seniors and animals

By Ali Abdollahi
Staff Writer

The state legislature passed 1,172 bills in 2006 and Gov. Arnold Schwarzenegger signed 910 of them into law, so there are quite a few changes to be aware of as Californians enter into the new year. From not chaining a dog for more than three hours (SB 1578), to not driving with people in your trunk (AB 1850), to requiring the inclusion of at least one safety feature (such as a fence or a child alarm) when installing or remodeling a residential swimming pool or spa (AB 2977), these new laws are bound to affect just about everyone. Here are a few of the major new laws:

California's minimum wage increases to $7.50 per hour
California workers who earn minimum wage saw their pay increase to $7.50 per hour starting Jan. 1. In September, Governor Schwarzenegger signed AB 1835 by Assemblymember Sally Lieber (D-Mountain View) into law, which increased the minimum wage by 75 cents on Jan.1 and another 50 cents on Jan. 1, 2008.

"Raising the minimum wage is something I wanted to do for a long time. I am happy that this year, legislators came together to pass bipartisan, common-sense legislation that rewards California's working families without hurting our economy," said Gov. Schwarzenegger. "Since I came into office, we have added more than 680,000 new jobs, unemployment is down to 4.6 percent, and the state's revenues are up by almost $20 billion. The California economy is booming and now is the time to make sure that everyone is sharing in this prosperity."

Employers must pay their workers the new minimum wage rate for work performed on and after the effective date of the wage rate increase. Work performed prior to the effective date is paid at the previous rate.

To provide employers and employees with information on the changes in the minimum wage, the Division of Labor Standards Enforcement (DLSE) will provide a toll-free phone line with a recorded message summarizing these changes. The number is 1-888-ASK-WAGE (1-888-275-9243) and the message is available in English, Spanish and Chinese.

According to 2005 U.S. Census Bureau data (the most current information available):

More than 1 million Californians earned the state minimum wage or less in 2005.

Minimum wage workers made up 6.9 percent of the 14.6 million wage and salary workers.

Nearly 2 million California workers earned $7.50 or less per hour.

Young workers were more likely to earn the minimum wage than other age groups. One out of every five (19 percent) California workers aged 16 to 24 earned $6.75 per hour or less, compared to just one out of every 20 (5 percent) workers aged 25 or older.

Minimum wage workers were more likely to be women (56 percent) than men (44 percent).

More than half (53 percent) of California minimum wage workers were Latino, compared to 34 percent of wage and salary workers. In fact, one out of every nine (11 percent) Latino workers in California earned the minimum wage or less in 2005.

California takes the lead in fighting global warming
The state passed the nation’s toughest set of legislation to cut greenhouse gas. California became the first U.S. state to impose a cap on the emission of carbon dioxide and other gases. Schwarzenegger reached an agreement with Democrats, who control the state legislature, despite fervent opposition from his fellow Republicans.

AB 32, the Global Warming Solutions Act, was created by Assemblyman Fabian Nunez (D-Los Angeles) to limit greenhouse gases from power plants, oil refineries and other industries. The law proposes to reduce California’s greenhouse gas emissions by 25 percent by 2020.

Sen. Don Perata (D-Oakland) was also able to pass his legislation, SB 1368, that forces coal-fired power plants in western states to install and utilize cleaner technologies if they want to sell to California, which represents a huge energy market as the nation’s most populous state.

While Schwarzenegger and his Democratic allies have stated that both laws put California in a position to serve as a model for the nation and the world in curbing the effects of global warming, state Republicans claim that the regulations are overly-ambitious, and will ultimately drive businesses and jobs out of California and into other states or countries with laxer air quality standards.

‘Move over, slow down’ bill aims to save lives on highway
Also effective Jan. 1 is a new state law which will require drivers approaching a roadside emergency scene to move over one lane to create a safety buffer for emergency crews, or to slow down if they can’t move over safely. Drivers who disobey the law risk receiving a $50 ticket. The law, introduced as SB 1610 by State Sen. Joe Simitian (D-Palo Alto), was signed by the governor in September.

“This bill is about promoting highway safety, plain and simple,” said Simitian. “I hope that it will put a stop to the senseless deaths of police officers, tow truck drivers, paramedics, and other emergency personnel who are simply helping stranded motorists. And of course,” said Simitian, “the general public will be safer as well.”

Crashes claim the lives of more police personnel than any other cause of death in the line of duty, including shootings. Thousands of injuries and accidents also result from a failure to move over or slow down while approaching the scene of an accident served by emergency personnel.

Thirty-seven other states have adopted similar “Move Over, Slow Down” laws, and have, as a result, shown a decrease in the number of emergency vehicles struck by passing drivers.

SB 1610 was a reintroduction of one of the winning entries in Simitian’s 2005 “There Oughta Be A Law” contest, which invites Californians to submit ideas for new state legislation. Tow truck driver and Hayward resident Daniel Frederick Leon entered the contest after noticing that drivers who do not move over or slow down when approaching tow trucks or emergency crews endanger the lives of workers on the road and other motorists.

Simitian was disappointed last year by the governor’s veto of SB 800, his “Move Over, Slow Down” measure introduced in 2005. Just one day before the law would have gone into effect, a CHP officer was killed on Highway 17 near Santa Cruz as he helped a stranded motorist. Simitian reintroduced the bill this year and asked the Governor’s office to work with him in crafting a bill the governor would sign.

“I’m excited and relieved that the governor signed the bill,” said Daniel Frederick Leon, the tow truck driver who suggested the idea to Sen. Simitian through the annual “There Oughta Be A Law” contest. “I appreciate the hard work it took getting this through the legislature; and I look forward to helping to advise the public about the law so that we are all better protected.”

Seniors, child safety
California’s seniors now have one more set of eyes looking out for them. SB 1018, a law that protects elders by making bank, savings and loan, and credit union employees mandated reporters of elder financial abuse, went into effect on Jan. 1. The bill was authored by State Sen. Joe Simitian (D-Palo Alto) and signed into law in 2005.

SB 1018, which Sen. Simitian coauthored with Assemblywoman Lois Wolk (D-Davis), requires that bank employees who suspect elder financial abuse immediately notify Adult Protective Services (APS), which investigates reports of elder abuse, or law enforcement authorities.

“Elder financial abuse requires early notice and immediate action,” said Simitian. “Bank employees are in the best position to report financial abuse as soon as it happens. This bill makes sure that they are required to act on their suspicions. It’s a simple and reasonable way to help protect our growing elderly community against this terrible crime.” 

Said Simitian, “This should put an end to the ‘see no evil, hear no evil, speak no evil’ attitude that has left seniors unprotected for far too long.”

Bank employees will join other mandated reporters of elder abuse including health care professionals, social workers, nursing home workers, and clergy. As with other mandated reporters, bank employees will not be liable if their suspicions prove unfounded.

“Advanced age and accumulated assets makes seniors a tempting target,” said Simitian. “A simple, timely phone call can help prevent the loss of a lifetime’s savings.”

Currently, California has the largest older adult population in the nation—3.5 million people over the age of 65. This figure is projected to increase by 172 percent over the next 40 years. As California’s elder population grows, financial abuse is expected to become even more prevalent.

Simitian’s SB 1018 garnered support from more than 90 groups of law enforcement agencies, senior organizations and county welfare officials. The bill had met strong opposition from the California Bankers Association and the California Credit Union League, who removed their opposition following a month of negotiations with Simitian and Wolk.

“We have been ardent supporters of SB 1018 from the beginning,” said Casey Young of AARP California. “It’s a critical measure to help stop the tide of financial abuse cases against elder and dependent adults.”    

A number of other laws of were also passed to protect the safety of California citizens, many of which are designed to protect children and teenagers.

Assemblyman Dennis Mountjoy (R-Monrovia) wrote AB 1850, making it a crime to ride in the trunk of a car or to allow someone else to ride in your trunk.

AB 1850 was passed in response to teens hiding friends in their trunks in order to circumvent laws passed in recent years prohibiting them from driving with other teens until they have held their license for one year.

Another law passed to protect teens and young adults was AB 2190—created by Assemblyman John Benoit (R-Riverside)—which increases the penalties for illegal street racing, particularly if the offense results in the injury of another person.

On the heels of a tragedy in Orinda, Sen. Tom Torlakson (D-Concord) created SB 532, which makes it a misdemeanor to fire a BB gun in a “grossly negligent manner.” The law was proposed following an incident where an Orinda county city councilman had his spine pierced by a pellet fired from an air-powered rifle.

Assemblyman Paul Koretz (D-West Hollywood) created AB 178, which requires all cigarettes sold in the state to meet stricter fire-safety requirements, most notably to extinguish quickly upon being dropped on a surface.

Animal safety
Several of the newly signed laws are designed to protect the health and well being of animals. The most noteworthy of these laws is SB 1578, proposed by Sen. Alan Lowenthal (D-Long Beach), which makes it illegal to chain a dog to any stationary object for more than three hours a day.

Another law that is directed at protecting canines is SB 1349 by Sen. Nell Soto (D-Fremont), which increases the severity of penalties for those convicted of staging animal fights. The law, which applies to all animals, but seems most pointedly aimed at curbing the proliferation of dogfights, also states that repeat offenders in this category can be charged with a felony.

Sen. Liz Figueroa (D-Fremont) helped establish a new law making it a misdemeanor to leave an animal unattended inside a closed vehicle in any condition (“extreme” hot or cold) that could endanger the animal.
AB 2485, created by Assemblyman Dave Jones (D-Sacramento), directly impacts the millions of cat owners in California. The new law prohibits the disposal cat litter in toilets, gutters or storm drains. Apparently, parasites from the cat waste can sicken and even kill sea otters.

Miscellaneous laws
A sampling of the other laws passed this year:

SB 1542 requires auto dealers to share the codes for increasingly common “smart keys” with state-registered locksmiths. Previously, drivers who lost their “smart keys” or locked them in their cars had to pay high prices at dealerships due to the keys’ restricted access codes.

SB 1524 allows victims of the Armenian genocide and their families to sue banks to recover lost or stolen assets until 2016.

SB 1308, which forbids bribed, retaliatory, or “quid-pro-quo” voting by state legislators, is now extended to county supervisors and local officials.

AB 2051 allows gay couples to register with the secretary of state as domestic partners for a fee of $23.

AB 2805 established that electronic versions of a person’s wishes regarding resuscitation and life support are legally valid.

SB 1260 prohibits the sale of human eggs and embryos for medical research.

AB 2866 increases penalties for repeat committers of identity theft and anyone possessing the data of 10 or more people with intent to defraud.

SB 1128 increases penalties for sex crimes against children and possession of child pornography.

AB 1169 states that landlords must give 60 days notice of eviction to tenants who have been renting for at least a year, and who have not provided grounds for eviction.

SB 1760 requires that all electronic voting machines used in California must use paper of sufficient quality that the ballots remain readable for at least 22 months after a given election.