California’s Legislation was impacted by the pandemic in 2020, resulting in Governor Newsom signing only 372 new laws, which is the lowest number of new laws over five decades. We have compiled a listing of a few of the new laws that went into effect on January 1^st, 2021 that might impact you.

COVID-19 & Health

AB 3088: Introduced by Asm. David Chiu (17^th Assembly District) and approved by the Governor on August 31 this bill provides protections until January 1, 2023, to a first lien mortgage or deed of trust that is secured by residential real property that is occupied by a tenant. It also requires that a mortgage servicer provide a specified written notice to a borrower if the mortgage servicer denies temporary postponement during the effective period. The notice would state the reasons for that denial if the borrower was both current on payments as of February 1, 2020 and is experiencing a financial hardship that prevents the borrower from making timely payments on the mortgage obligation due, directly or indirectly, to the COVID-19 emergency. Click here to read the full bill text

AB 685: Introduced by Asm. Eloise Reyes (47^th Assembly District) and approved by the Governor on September 17, this bill requires employers to notify workers of possible workplace exposure to COVID-19 and keep records of the notifications for three years. Additionally, employers will have to report outbreaks in 48 hours to public health departments and Cal/OSHA with greater oversight to enforce pandemic safety violations in the workplace. The COVID-19 imminent hazard provision would be repealed on January 1, 2023. Click here to read the full bill text

SB 793: Introduced by Sen. Jerry Hill (13^th Senate District) and approved by the Governor on August 28, this bill would prohibit a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The fine for violating this law would be $250. Click here to read the full bill text

SB 1159: Introduced by Sen. Jerry Hill (13^th Senate District) and approved by the Governor on September 17, this bill presumes that essential workers were infected on the job and qualify for workers’ compensation if they meet certain conditions. The bill would define “injury” for an employee to include illness or death resulting from COVID-19 under specified circumstances, until January 1, 2023. Click here to read the full bill text

Workplace & Employment

SB 1383: Introduced by Sen. Hannah-Beth Jackson (19^th Senate District) and approved by the Governor on September 17, this bill states an employer with 5 or more employees cannot refuse to grant an employee’s request for unpaid protected leave to care for family members. It also expands the definition of family member to include domestic partners, grandparents, grandchildren, siblings, and in-laws. Click here to read the full text

AB 2257: Introduced by Asm. Lorena Gonzalez (80^th Assembly District) and approved by the Governor on September 4, the bill revises and recasts provisions from 2019’s AB 5, which reclassified many contract workers to employees. Certain occupations, like musicians and musical groups for single engagement live performances, are exempted. Click here to read the full bill text

Student Loan Reform

AB 376: Introduced by Asm. Mark Stone (29^th Assembly District) and approved by the Governor on September 25, this bill would impose new requirements on a student loan servicer. These requirements would include the timely posting, processing, and crediting of student loan payments within certain timeframes, applying overpayments consistent with the best financial interest of a student loan borrower, as defined, applying partial payments to minimize late fees and negative credit reporting, maintaining records, timely processing of paperwork, and diligently overseeing service providers. Click here to read the full bill text

Criminal Justice Reform

AB 1506: Introduced by Asm. Kevin McCarthy (7^th Assembly District) and approved by the Governor on September 30, this bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified. It would also require a state prosecutor to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian. Click here to read the full bill text

AB 1196: Introduced by Asm. Mike A. Gipson (64^th Assembly District) and approved by the Governor on September 30, this bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. Click here to read the full bill text

AB 2147: Introduced by Asm. Eloise Reyes (47^th Assembly District) and approved by the Governor on September 11, this bill allows inmate firefighters that were convicted of non-violent crimes to have their records expunged and use their training to gain employment as firefighters. Click here to read the full bill text

AB 1869: Introduced by the Committee on Budget and approved by the Governor on September 18, this bill would delete the authority of the court to impose liens on the defendant’s property and make a post-trial determination of the defendant’s ability to pay and to order the defendant to pay the costs of the public defender. It would annually appropriate $65,000,000 from the General Fund to the Controller beginning in the 2021–22 fiscal year to the 2025–26 fiscal year. Click here to read the full bill text

Visit the California Legislative Information website for a comprehensive list of all the bills introduced in the 2019-2020 session.

Sources:

Cal Matters Bill Tracker accessed January 6, 2021 https://calmatters.org/explainers/california-final-bill-tracker-2020-legislature/

Written by: Jenna Pontious, Public Services Librarian