[conspire] New laws in 2016

Rick Moen rick at linuxmafia.com
Mon Jan 4 22:29:08 PST 2016


Speaking for myself, I'm sometimes taken by surprise by one or more of
the laws scheduled to take effect with the new year.  Herewith, a
rundown on some new laws, one or two of which might affect you:

Federal:  USA Freedom Act.  Requires that phone metadata collected by
the telcos be stored in telco databases rather than spook ones.  
This probably won't totally prevent bulk collection and fishing
expeditions (it can be gotten by court order, notably from the captive
FISA court), but is a significant first step.  And you can thank Snowden
for it.

California:  SB 358, Fair Pay Act.   Lets female employees allege pay
discrimination based on the wages a company pays male employees who do
substantially similar work (and vice-versa).  Burden of proof is on the
employer to prove that one sex's' higher pay is based on factors other
than just being of that sex.  Also forbids retaliation against employees
who ask or discuss the wage levels of co-workers.

California:  SB 178, bars law enforcement from simply grabbing your data
from cellular phones, tablets, laptops, GPS devices, etc. without your
permission and without a warrant and showing of probable cause.
Exceptions for law enforcement to use in the event of emergencies and
other public safety needs.  Prohibits any such data collected by warrant
from being retained past 90 days with some exceptions.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB178

Federal:  Every Student Succeeds Act, replacing 'No Child Left Behind.
Saner use of testing, restores local power.  (Change will come slowly,
as states develop programs.)

California, SB 491, earbuds/headsets.  Drivers of motor vehicles and
bicyclists may have only _one_ ear covered by (or holding) such a headset.
(Exceptions for drivers of emergency, construction, and and waste-pickup
companies.)

California, AB 604, hoverboard safety.  Riders must be 16 or above and 
wear helmets.  Speeds are limited to 15 MPH on sidewalks, paths, and
trails, 35 MPH elsewhere.  Also requires them to have lights and
reflectors if used at night.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB604

California, AB 8:  Freeway SigAlert signs will now display 'Yellow
Alert' advisories following serious hit-and-run accidents to help catch perps.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB8

California:  Likewise, 'Silver Alerts' when missing elderly people
with cognitive impairment must be found.

California SB 277:  Anti-vaxers lose.  Eliminated the 'personal belief
exception' for public and private schools to the requirement that almost
all kindergarten children be vaccinated as required by the Dept. of
Public Health.  Still exempts homeschoolers and students enrolled in
independent study programs, and students exempted for valid medical
reasons.  So, no more measles epidemics.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277

California AB 208:  Broadens existing law requiring slow vehicles to
pull over if five or more vehicles need to pass, to clarify that
bicycles must likewise extend this totally obvious courtesy to others.

California SB 491:  Ups from $750 to $1000 the minimum property damage
required from a traffic crash before motorists must send an SR-1 form to
DMV.

California:  AB 10 (2013).  Minimum wage raised to $10/hour.[1]  (Most Bay
Area cities have local ordinances making it higher than that.)

California:  New statute allows a judge to, upon petition by relatives
or police officers,  rule that firearms may be taken away ifor 21 days
from someone shown to pose a threat.

California:  Two bills covering high schools.  One requires schools that
mandate health courses include the 'yes means yes' standard for consent
to sex.  The other requires sexual health classes except for students
whose parents object, that include HIV prevention and inclusiveness of
different sexual orientations.

California:  Automatically registers for voting any citizen ow`ho obtains
or renews a driver's licence or ID card, or sends in a change of address -- unless that
citizen specifically opts out.  (Don't rely on this happening if you
want to be certain of your voter registration.  In 2006 when I moved a
few blocks within West Menlo Park, I relied on DMV to inform the San
Mateo County Registrar of Voters of my new address, as is supposed to
happen.  Next election, I wasn't registered and was required to vote a
'provisional ballot'.)

Newspaper reports about this law point out that it's non-functional
anyway for the moment until a new statewide voter database goes live,
not expected until after June 2016 elections.

California:  Civil forfeiture broadened:  Recording copyright
infringement (video and audio files) and insurance fraud have been added
to the list of offence permitting law enforcement officials to seize an
offender's assets.

California:  Farmers markets may host beer tastings.  Yay!

Oh, and in the unlikely event you have a drone, and it's not of genus
Apis, you'll need to register it with the FAA.


[1] Federal mimimum wage is still at its 2009 level of $7.25/hr.  _Only_
employment covered by the Fair Labor Standards Act of 1938 gets
regulated.  Exemptions include businesses without involvement in
interstate commerce, businesses with gross revenues under $500k, tipped
employees, 'exempt' executive, administrative, or professional employees
including low-level working supervisors, laundry and dry cleaning
establishments, workers below age 20 getting a 'training wage', and a
bunch of other carve-outs.  Minimum wage for tipped employees has been 
frozen at $2.13/hr since a 1996 political deal spearheaded by Herman
Cain when he was CEO of the National Restaurant Association.  The 
employer is required to pay the difference if tips don't raise total
income to $7.25/hr, which is why you get relentless pressure to give
21% tips, etc.:  It's because the employer wants to get away with
starvation wages.





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