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New Laws Take Effect

More than 700 new laws will take effect in 2012 in California. Most took effect immediately after the governor signed them others go into effect at different times during the year. A number of these laws effect education and child safety.

State Schools Chief Tom Torlakson said, “Our goal for the new year and every year is to make education accessible and effective for all children. These new laws will help ensure children are safer, enter kindergarten at the appropriate age, learn what they need to know to succeed in life and careers, and fulfill the dream of a college education.”

Kindergarten Readiness Act

SB 1381 begins in the 2012-13 school year changes the required birthday for admission to kindergarten and first grade and establishes a transitional kindergarten program. Note: Transitional kindergarten is not currently funded by the state. The program is under review for the 2012-13 school year.

Common Core State Standards for English-Language Arts

AB 124 establishes a process to update, revise, and align the English-Language Development Standards to the CCSS in English-language arts, and would require the State Superintendent and the State Board of Education to present lawmakers with a schedule and implementation plan for integrating the revised English-Language Development Standards into the education system.

Common Core State Standards Implementation

AB 250 establishes a structure for the implementation of the CCSS by developing and adopting curriculum frameworks and professional development opportunities that are aligned to the CCSS.

Common Core State Standards Instructional Materials

SB 140 requires the California Department of Education to develop a list of supplemental instructional materials for use in kindergarten through seventh grade that are aligned with the CCSS in mathematics, and language arts for kindergarten through eighth grade.

Cyber-bullying Suspension

AB746 allows schools to suspend students for cyber-bullying – bullying classmates on social networking sites, including Facebook.

Prohibition of Discriminatory Content

SB 48 requires social science instruction in public schools to include the contributions of gays, lesbians, bisexual and transgender Americans, as well as people with disabilities.

Student Athletes

AB 25 requires schools to remove from play a student athlete who sustains a possible concussion, and mandates that the player receive medical clearance before returning to competition.

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Epilepsy Medication

SB 161 permits school districts to allow nonmedical employees who volunteer and receive training to administer medication to epileptic students who suffer a seizure while on campus.

Proof of Residency

AB 207 bars school districts from requiring proof of legal U.S. residency as a condition of

enrollment by mandating that they accept "reasonable evidence" of district residency, such as a parental declaration.

California Gay Bullying Law (Seth's Law)

AB 9, Combats bullying of gay and lesbian students in public schools by requiring school districts to have a uniform process for dealing with gay bullying complaints. Mandates that school personnel intervene if they witness gay bullying.

California Dream Act

This measure, AB 130, exempts California nonresidents who qualify for the AB 540 tuition waiver from paying nonresidential tuition at the University of California, California State University, and California Community College institutions of higher education. AB131, further expands the state-administered student financial aid that is available for AB 540 tuition waiver eligible students.

Military and College Tuition

AB 882 ensures that military service members and their dependents do not lose residency status at California colleges if they are sent outside the state.

Career Education

AB 1330 lets school districts offer a course in career technical education as an alternative to foreign language or visual/performing arts as a high school graduation requirement from 2012-13 through 2016-17.

Child Passenger Safety

SB 929 now requires children to ride in either a car seat or booster seat until the age of eight, or until they reach a height of 4 feet 9 inches. This law also requires children who do not meet the age or height requirement to ride in the rear seat of a vehicle unless the vehicle has no back seats, the restraint system cannot be properly installed or the rear seats are already occupied by children under age eight. However, the law still maintains that a child may not ride in the front seat of a vehicle with an active passenger airbag if they are under one year of age, less than 20 pounds, or riding in a rear-facing child safety seat. Drivers caught breaking the booster seat law can face fines starting at $475.

DUI Checkpoint Vehicle Impound Law

AB 353. Drivers are required to stop and submit to a sobriety checkpoint. However, peace officers will be prohibited from impounding a vehicle for 30 days out of a sobriety checkpoint if the only offense by the driver is failing to hold a valid driver license. The new law requires that the officer make a reasonable attempt to identify the registered owner in order to release the vehicle.

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Reckless Driving Restricted License

AB 520. Anyone who is convicted of reckless driving under Section 23103.5 of the Vehicle Code can apply for a restricted driver license prior to the completion of their one-year suspension, provided they meet specified conditions, including the installation of an Ignition Interlock Device in their vehicle.

Double White Line

AB1105. Vehicles will be prohibited from crossing double parallel solid white lines except where permitted.

Electronic Vehicle Parking

AB475. Electric vehicles (EV) must now be plugged in for refueling when occupying an EV designated parking space, otherwise they may be towed. In addition, the law prohibits a person from obstructing, blocking, or otherwise barring access to an EV-designated parking space.

DUI Law

AB 1601. Section 23579 was added to the Vehicle Code, which authorizes courts to revoke a driver's license for 10 years if a person is convicted of three or more DUIs. Under this law enacted in 2010, a motorist may be allowed to apply for reinstatement of his or her driver's license with the Department of Motor Vehicles (DMV) after five years, if the person installs an Ignition Interlock Device (IID) in their vehicle. The law allows the DMV to terminate this restricted license if the IID requirements are not met.

Internet

Government and third parties are prohibited from gathering information about what books you read or buy over the Internet, unless they obtain a court order.

Internet retailers must collect California sales tax on transactions if the retailer has a presence in the state, a measure that aims to protect local stores from unfair competition and increase revenues for cash-strapped California.

Internet Sales Tax

Governor Brown signed into law that out-of-state Internet retailers must collect California sales tax on transactions if the retailer has a presence in the state. Law effective Summer 2012.

Protection of Parent-Child Relationships Law

Allows courts to consider the relationship between a child and a non-biological parent when considering child rights cases involving birth parents, adoptive parents, and gay or lesbian guardians.

Children and STDs

AB 499 allows children 12 or older to seek medical care for the prevention of sexually transmitted diseases without parental consent, including vaccinations against human papillomavirus, or HPV, which can cause cervical cancer.

Cough Medications

SB 514 bans the sale of cough, cold or other over-the-counter medicines containing the chemical dextromethorphan to minors without a prescription.

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Tanning Beds

SB 746 bars children under 18 from using tanning beds.

Cadmium in Jewelry

SB 929 bans the use of cadmium in children's jewelry.

California Renters Right to Recycling Law

Apartment building landlords will have to start providing recycling services for 7 million California tenants.

Food and Drugs

AB 688 prohibits stores from selling baby food, infant formula or over-the-counter drugs after their expiration or "use by" date.

Victims’ Rights

AB 648 requires a governor to notify local prosecutors about a pending commutation request 10 days before taking action on it. Those district attorneys must then try to notify victims and their family members.

Online Voter Registration

SB 397 requires the state to create a process for Californians to submit voter registration applications via computer.

November Ballot Measures

SB 202 restricts ballot initiatives and referendums to the November ballot, when turnout tends to be higher and more advantageous to Democrats.

New Citizens

AB 84 allows California residents who become U.S. citizens in the final days before an election to register and cast votes until polls close.

Sex Offenders

AB 193 prohibits the homes of registered sex offenders from being used as polling places.

Tenants and Political Signs

SB 337 bars landlords from prohibiting tenants from posting small political signs.

Credit Reports and Hiring

AB 22 prohibits use of consumer credit reports in hiring new workers, except for selected jobs, such as law enforcement. (Assemblyman Tony Mendoza, D-Artesia)

E-Verify and Employers

AB 1236 bans the state, cities and counties from requiring private employers to use the electronic verification system called E-Verify to determine that an applicant is a legal U.S. resident.

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Genetic Tests and Discrimination

SB 559 prohibits discrimination in employment, housing, emergency services or by businesses based upon information gleaned from genetic testing.

Same-sex Couples' Benefits

SB 117 bans a state agency from approving a contract of $100,000 or more for goods or services if the contractor provides different benefits for same-sex and male-female spouses or domestic partners.

Renewable Energy Sources

SB X12 requires public and private utilities to obtain 33 percent of their electricity from renewable sources by 2020, raising the previous target from 20 percent.

References

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