Several New Laws to Take Effect January 1
California Political Desk
December 16, 2009
SACRAMENTO – Several bills authored by Senator Leland Yee (D-San Francisco) are set to become law on January 1, 2010. These new laws range from protecting consumers and children to bringing greater transparency of state and local government. In all, nine new laws authored by Yee will go into effect the first of the year.
"These new laws will help children, bring greater transparency to government, protect consumers, safeguard the environment, and improve our economy," said Yee.
Consumers are increasingly making one-time purchases or receiving a product for free, only to later receive additional shipments of the product and charges to their credit card. SB 340 will end this deceptive business practice by requiring businesses to clearly and conspicuously state all automatic renewal terms and obtain the customer´s affirmative consent at the time of the agreement. The law will also require the cancellation policy to accompany the offer and businesses to provide an easy way for the consumer to cancel.
SB 447 will reform the criminal background check policy at approximately 36,000 youth organizations and human resource agencies that work with children and vulnerable populations. Such organizations, including the Boy Scouts and youth soccer leagues, are currently required to conduct criminal background checks of their staff and members. However, the person responsible for the reviewing the background checks, a "Custodian of Records," reviews his or her own background check. The new law creates a program in which the Department of Justice will review the criminal record information for Custodian of Records applicants and confirm if they are suited for the position.
SB 786 will protect the right of individuals to enforce open government laws without fear of a significant financial burden, thus ensuring that government entities act with greater transparency. The new law prohibits public entities from recovering attorney´s fees from individuals who sue to enforce open government laws, specifically the California Public Records Act (CPRA), Bagley-Keene Open Meetings Act, and the Ralph M. Brown Act. The law will allow such public agencies to recover costs if the court finds the suit frivolous.
In response to the 2007 Cosco Busan container ship that hit the Bay Bridge and spilled 53,000 gallons of oil into the San Francisco Bay, a second law authored by Yee will go into effect. SB 300 will provide better navigation equipment for San Francisco Bay Bar Pilots – the maritime pilots who assist vessels traveling in Bay Area waters. A $20-$25 per vessel surcharge on shippers will allow for the purchase of navigation software, hardware, and ancillary equipment. Investigations and hearings by the National Transportation Safety Board, the Coast Guard, and the Board of Pilot Commissioners revealed that a factor contributing to the 2007 oil spill was the failure to install standard navigation equipment mandated by the International Maritime Organization.
In 2008, Yee successfully passed SB 1217, which provides greater public oversight of the board that regulates the San Francisco Bar Pilots. The law also requires the bar pilots board to appoint a physician to evaluate the effects of prescription medications that a pilot may be taking and requires the physician to determine if the individual is fit to perform his or her duties as a pilot.
SB 3 – legislation introduced by Senator Yee to restore $16.3 million for 94 shelters and centers throughout California – has already gone into effect.
"These new laws will help children, bring greater transparency to government, protect consumers, safeguard the environment, and improve our economy," said Yee.
Consumers are increasingly making one-time purchases or receiving a product for free, only to later receive additional shipments of the product and charges to their credit card. SB 340 will end this deceptive business practice by requiring businesses to clearly and conspicuously state all automatic renewal terms and obtain the customer´s affirmative consent at the time of the agreement. The law will also require the cancellation policy to accompany the offer and businesses to provide an easy way for the consumer to cancel.
SB 447 will reform the criminal background check policy at approximately 36,000 youth organizations and human resource agencies that work with children and vulnerable populations. Such organizations, including the Boy Scouts and youth soccer leagues, are currently required to conduct criminal background checks of their staff and members. However, the person responsible for the reviewing the background checks, a "Custodian of Records," reviews his or her own background check. The new law creates a program in which the Department of Justice will review the criminal record information for Custodian of Records applicants and confirm if they are suited for the position.
SB 786 will protect the right of individuals to enforce open government laws without fear of a significant financial burden, thus ensuring that government entities act with greater transparency. The new law prohibits public entities from recovering attorney´s fees from individuals who sue to enforce open government laws, specifically the California Public Records Act (CPRA), Bagley-Keene Open Meetings Act, and the Ralph M. Brown Act. The law will allow such public agencies to recover costs if the court finds the suit frivolous.
In response to the 2007 Cosco Busan container ship that hit the Bay Bridge and spilled 53,000 gallons of oil into the San Francisco Bay, a second law authored by Yee will go into effect. SB 300 will provide better navigation equipment for San Francisco Bay Bar Pilots – the maritime pilots who assist vessels traveling in Bay Area waters. A $20-$25 per vessel surcharge on shippers will allow for the purchase of navigation software, hardware, and ancillary equipment. Investigations and hearings by the National Transportation Safety Board, the Coast Guard, and the Board of Pilot Commissioners revealed that a factor contributing to the 2007 oil spill was the failure to install standard navigation equipment mandated by the International Maritime Organization.
In 2008, Yee successfully passed SB 1217, which provides greater public oversight of the board that regulates the San Francisco Bar Pilots. The law also requires the bar pilots board to appoint a physician to evaluate the effects of prescription medications that a pilot may be taking and requires the physician to determine if the individual is fit to perform his or her duties as a pilot.
SB 3 – legislation introduced by Senator Yee to restore $16.3 million for 94 shelters and centers throughout California – has already gone into effect.
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