AB 351 of 2013 enacts a new Penal Code provision to refuse to support the implementation of any federal law authorizing indefinite detention of a Californian under a federal law protecting against terrorist attacks. A petition for a habeas writ is filed by an individual who believes he or she is being wrongly detained. If the court grants the petition, the court issues a habeas writ directing the detaining official to bring the individual before the court to challenge the validity of the detention. The U.S. Constitution prohibits the suspension of this privilege "unless when in Cases of Rebellion or Invasion the public Safety may ... Read More >
Nov 23
AB 370 of 2013 stops online sharing
AB 370 is intended to help protect privacy of online users. In 2003, California enacted the Online Privacy Protection Act (CalOPPA), requiring operators of commercial Web sites to post online privacy policies and adhere to their requirements. Among other things, CalOPPA requires a Web site operator's privacy policy to identify the categories of personally identifiable information collected about individual consumers who use or visit the Web site, as well as to disclose the categories of third-party persons or entities with whom the operator may share that personally identifiable information. In the ten years that have elapsed since CalOPPA ... Read More >
Nov 23
California’s new Olive Oil Commission
When Gov. Brown signed Senate Bill 250 in 2013 into law, he enacted California's Olive Oil Commission and with it all of the accompanying bureaucratic components, such as membership, board of directors, and creation of quality standards. California produces 99% of the olives grown in the United States. According to the California Olive Oil Council, there are over 400 growers on approximately 30,000 acres dedicated to the production of olive oil. With over 50 varieties of olives grown in California, it is estimated that the 2013 harvest will produce over 2.4 million gallons of oil. According Senator Wolk, California's olive oil industry ... Read More >
Nov 23
2013 Compendium of Notable California Legislation
LIS has published its annual Compendium of notable California legislation for 2013 at http://www.legintent.com/legislation/legislation2013.pdf The Compendium is not exhaustive, but it does reflect some of the major bills that were reported on in our California newspapers and were supported or opposed by some of California’s more established stakeholders, such as the League of California Cities, the California Teachers Association, California Manufacturers and Technology, the Consumer Attorneys of California, and the California State Bar. California has been enacting laws since 1850, when it became a state, and at Legislative Intent ... Read More >
Oct 16
Crack Tough Cases with Legislative Intent
Did you know that, according to Guinness World Records, one of the longest running civil cases by an individual spanned more than 34 years? Legislation can be incredibly complex, and courts often spend an inordinate amount of time speculating about, and further researching, unclear laws. When is it appropriate for judges and courts to question laws, and what steps can courts take when legislation is undeniably ambiguous, especially in California? What is Legislative Intent? Legislative intent is a fairly broad term. Simply put, courts explore legislative intent when state or federal laws and statutes are not clear-cut. Sometimes, ... Read More >
Jul 31
CA SENATE BILL 520 SUPPORTS ONLINE COURSES FOR COLLEGES AND UNIVERSITIES
California Senate pro Tempore Darrell Steinberg is carrying CA Senate Bill 520 through the Legislature to amend Education Code provisions relating to student instruction to create an incentive grant program to assist faculty and individual campuses of the University of California (UC), the California State University (CSU), and the California Community Colleges (CCC), to provide increased opportunities for students to take online courses. In a statement posted at his website, Senator Steinberg offered the following rationale for the proposals in SB 520: “The need for this online lifeline for students is critical,” said Steinberg. Last ... Read More >
Jul 31
Voter Registration Bill Remedies Lack of Place of Birth Now Before Gov. Brown
California Assembly member Das Williams has successfully carried Assembly Bill 131, a voter registration bill, through the state legislature to provide that a person’s failure to identify his or her place of birth on an affidavit of registration would not preclude his or her affidavit from being deemed complete. AB 131 has been enrolled and presented to the Governor for his consideration. AB 131 addresses the existing state law allows county elections officials to process voter registration applications even when certain information has not been provided by the applicant. For example, if no middle name or initial is shown on the voter ... Read More >
Jul 31
CA SB 131 To Extend Statute of Limitations for Claims of Childhood Sexual Abuse
Senators Jim Beall and Ricardo Lara are lead authors of California Senate Bill 131 to amend California Code of Civil Procedure § 340.1 relating to childhood sexual abuse, statute of limitations and damages. SB 131 proposes to extend the statute of limitations in limited instances for civil actions involving childhood sexual abuse, as follows: Would retroactively apply the current statute of limitations for the commencement of civil actions against third parties regarding recovery of damages suffered as a result of childhood sexual abuse, which is eight years after the plaintiff reaches majority (i.e., 26 years of age) or within three ... Read More >
Jul 17
Limousines Catching Fire Targeted by CA Senate Bill 338
Senator Jerry Hill introduced California Senate Bill 338 to require owners of limousines offered for hire in California to equip their limousines with two fire extinguishers, one in the drivers' compartment and one in the passenger cabin. Senator Hill carried SB 338 after an incident that occurred on May 5, 2013, in which a limousine caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. That limousine was carrying nine passengers. The driver escaped unharmed and four of the passengers escaped through the driver's partition. The five other passengers died in the blaze. Senator Hill asserted that the ... Read More >
Jul 17
California Considering Fracking bill – Senate Bill 4
Senator Fran Pavley, representing portions of Ventura County that include Simi Valley, Moorpark, Thousand Oaks, Agoura Hills, and Westlake Village, has introduced Senate Bill 4 to establish a comprehensive regulatory program for oil and gas well stimulation treatments (e.g., hydraulic fracturing), which includes, among other things, a study, the development of regulations, a permitting process, and public notification and disclosure. The SB 4 analysis of the Assembly Committee on Natural Resources explained that hydraulic fracturing (a.k.a. fracking) is a form of well stimulation used to obtain oil and natural gas in areas where those ... Read More >