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CAPITOL UPDATE #31 – August 10, 2023


August 10, 2023

Golden State Republican Women
Janet Price, President

        Submitted by the GSRW Legislative Analyst Committee        
Karen Contreras,
Lou Ann Flaherty and Elaine Freeman, 
  

Assembly Constitutional Amendment previously covered in Capitol Update #23:

Chaptered by Secretary of State on 7/20/2023

ACA 5, Marriage equality.

The California Constitution provides that only a marriage between a man and a woman is valid or recognized in California, and federal law permanently enjoins the state from enforcing this constitutional provision.

This measure would repeal this unenforceable constitutional provision and would instead provide that the right to marry is a fundamental right, as specified.

A Proposition will be on the November 2024 ballot: California Right to Marry and Repeal Proposition 8 Amendment.

A “yes” vote supports repealing Proposition 8 (2008), which defined marriage as a union between one man and one woman in the state constitution, and adding language to establish a right to marry.

 

A “no” vote opposes repealing Proposition 8 (2008), which defined marriage as a union between one man and one woman in the state constitution, thereby keeping the language that was invalidated by the Supreme Court ruling in Obergefell v. Hodges (2015), which protected same-sex marriage under the Due Process and Equal Protection Clauses of the U.S. Constitution.

 

More details to follow next year.

Bill previously covered in Capitol Update #28: Signed by governor on 7/21/2023

AB 466, Vehicles: violations.

Existing law authorizes a court to permit or order a person who has been convicted of, or plead to, a traffic violation, as specified, to attend traffic violator school. Under existing law, such a person who completes traffic violator school shall have their conviction remain confidential and shall not be assessed traffic violation points, as specified. Under existing law, the willful failure to attend traffic violator school if so ordered by the court is punishable as a misdemeanor.

This bill would remove provisions making the failure to attend traffic violator school a misdemeanor and would clarify that the failure to attend traffic violator school is not punishable as a new offense. The bill would further clarify that the underlying conviction of a person who fails to attend traffic school shall not be confidential and the person shall have traffic violation points assessed as applicable.

Some additional Bills signed by governor on 07/27/2023 and 07/21/2023:

AB 889,  Pupil safety: parental notification: synthetic drugs.

Existing law requires the governing board of a school district, at the beginning of the first semester or quarter of each school year, to notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian and of specified school district policies and procedures.

This bill would require a school district, county office of education and charter school to annually inform parents or guardians of danger associated with using synthetic drugs, as provided, at the beginning of the first semester or quarter of the regular school term.  The bill requires a local educational agency and each of their schools to post the information on their respective internet websites, as specified. 

Signed by the governor on 07/27/2023

AB 1166, Liability for opioid antagonist administration.

Existing law provides that a person who, in good faith and not for compensation, renders emergency medical or nonmedical care or assistance at the scene of an emergency is not liable for civil damages resulting from an act or omission other than an act or omission constituting gross negligence or willful or wanton misconduct.

This bill would provide that a person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist, as defined, is not liable for civil damages resulting from an act or omission, except as specified. The bill would also provide that a person who furnishes an opioid antagonist for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission, except as specified.

Signed by the governor on 07/21/2023.

AB 925, Vehicle removal: expired registration.

Existing law prohibits a person from driving, moving, or leaving standing upon a highway, or in an offstreet public parking facility, any motor vehicle, trailer, semitrailer, pole or pipe dolly or logging dolly, unless it is registered and the appropriate fees have been paid, except as specified. Existing law requires current month and year tabs indicating the month and year expiration of a vehicle’s registration to be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which the licensed plates were issued.

Existing law requires a law enforcement officer or a person authorized to enforce parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before issuing a citation for a violation of the requirement to attach the appropriate tabs. Existing law prohibits the issuance of a citation against a vehicle in violation of that requirement if the vehicle has a current registration on file with the department or if a person authorized to enforce parking laws and regulations does not have immediate access to the department’s records.

Existing law authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle that, among other things, is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal or is found or operated upon a highway, public land, or an offstreet parking facility with a registration expiration date in excess of six months before the date it is found or operated.

This bill would require a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to verify, using available Department of Motor Vehicles records, that no current registration exists for a vehicle before removing the vehicle. The bill would prohibit a vehicle from being removed if it has a current registration on file with the department or if the officer or employee does not have immediate access to the department’s records.

Signed by the governor on 07/21/2023.

Summer Recess concludes on August 13th.

 

Legislative Portal links- Express your support or opposition to a bill or directly to the Legislative committee currently reviewing it (as an individual, not as a member of GSRW) click here, or the bill’s author- click here, enter your bill # and look for tab at top of the bill page labeled “Comments to Author”.


 

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