WHAT’S COMING

Here is a rundown of some of the most important changes that start on Jan. 1, 2023: Traffic

• Jaywalking: AB 2147 makes it illegal for law enforcement to stop and cite a person for jaywalking unless the person crosses the street in an unsafe manner.

• Bicycles: AB 1909 requires cars to change lanes, when feasible, to pass a bicyclist using a traffic lane. It also allows electric bicycles to be used on most bicycle lanes but allows local governments to prohibit them on recreational trails.

Work Place

• WageTransparency: SB 1162 requires businesses with 15 or more employees to include information about salary ranges for all job postings. Workers will also have the right to know the pay scale for their current position. Companies with 100 or more employees are required to submit pay data and wage history to the state by May of each year or face penalties.

• State of Emergency: SB 1044 prohibits an employer, in an event of an emergency, from retaliating or disciplining an employee who refuses to report to work or leaves a workplace because they have a reasonable belief that the work area is unsafe. Employers are prohibited from taking a worker’s mobile device or preventing them from seeking help. The law defines an emergency as a natural disaster or criminal act. A health pandemic is not listed as an eligible emergency.

• COVID-19: AB 2683 extends an existing law until 2024 requiring employers to notify workers of a COVID-19 infection in the workplace. The law also repeals a provision that requires the employer to notify the local public health department of a COVID-19 outbreak.

Law Enforcement

• Law Enforcement: SB 960 eliminates a requirement that peace officers be either U.S. citizens or permanent residents applying for citizenship. The law simply requires that anyone applying to be a law enforcement officer be legally authorized to work in the United States.

Retail

• Pink Tax: AB 1287 aims to eliminate the so-called “pink tax,” a retail practice that charges women more than men for razors, shampoos, deodorants and other similar items. The law would fine businesses up to $10,000 for violations.

• Fur Clothing: In 2019, California became the first to ban the sale of new animal fur products in the state. Implementation of that law was delayed until 2023 to give retailers time to sell their inventory.

The ban does not apply to leather, cowhide or shearling products. The ban does not apply to used fur clothing.

Privacy

• Consumer Privacy: Proposition 24, 24, the California Privacy Rights Act (CPRA) approved in 2020, gave consumers the right to know, delete or opt-out of the sale of their personal information. New provisions take effect in 2023 that allow consumers and employees to ask businesses to disclose the personal information they have collected on them and ask them to delete or correct that information.

Crime

Several new laws give law enforcement new tools to address the rash of organized theft rings.

• Retail Theft: AB 2294 allows police to keep in custody individuals convicted of theft from a store in the past six months if they are suspected of organized retail theft. Previously, an individual detained for retail theft was given a written notice or citation and released. The law also establishes recidivism programs to prevent repeat offenders.

• Stolen Goods: AB 1700 requires the state attorney general to establish a website for people to report items they suspect are stolen and being sold on the internet. A companion bill (SB 301) that requires online marketplaces to obtain personal and financial information from high volume sellers takes effect in July.

• Catalytic Converters: Several laws take effect to confront the rising problem of catalytic converter thefts.

SB 1087 prohibits anyone from buying a catalytic converter other than from an automobile dismantler, an automotive repair dealer or a person providing documentation they are the lawful owner of the catalytic converter. AB 1740 requires recyclers to obtain a copy of the title of the vehicle from which the catalytic converter was removed.

• Human Trafficking: AB 1661 requires hair salons, nail salons and other barbering and cosmetology businesses to post signs containing information about slavery and human trafficking.

Criminal Justice

• Criminal Records: SB 731 gives people with some criminal convictions a clean slate. The law expands what type of crimes are eligible to be automatically sealed and, for the first time, allows people with violent felony records to petition to have their records sealed if they completed their sentence and have not had a new felony offense in four years. Almost all crimes qualify except sex-related crimes. Certain provisions of this law will take effect in July.

Food

• Food Packaging: AB 1200 bans the use of food packaging, such as take-out boxes and food wrappers, made from plant fibers that contain PFAS that were intentionally added or are present at levels above 100 parts per million. PFAS are hazardous chemicals added to food packaging to make them more water or stain resistant.

Holidays

California has three new state holidays. AB 1655 adds June 19, known as Juneteenth, as a state holiday. AB 2596 recognizes the Lunar New Year as a state holiday and AB 1801 designates April 24 as Genocide Remembrance Day.

Abortion

• Protections: AB 2223 protects women from prosecution if they chose to end a pregnancy or undergo an abortion, even if it happens outside the medical system. It also protects someone who helped a woman with an abortion from criminal or civil liability.

Health Care

• Gender-Affirming Care: SB 107 protects families of transgender children from out-ofstate laws that may target them. It prohibits health care providers from releasing medical information about a parent or guardian who allows a child to receive gender-affirming care. It shields parents and children from legal action by states that have enacted bans or restrictions on this type of care. The law also prohibits law enforcement from arresting a parent or taking a child based on a warrant from a state that restricts gender-affirming care.

• Mental Illness: SB 1338 lets family members and first responders petition a judge to order treatment for people who suffer from severe mental illness or addiction. Each county must establish its own CARE Court to evaluate each case. Implementation begins in October in Orange County. All counties must implement the CARE Court by 2024.

Housing

• HOA Homes: AB 1410 prohibits HOA governing boards from disciplining or fining homeowners who criticize HOA rules on social media.

It also allows homeowners to rent their owner-occupied home for more than 30 days even if it is not allowed in their HOA agreement.

Elections

• Special Elections: AB 2584 increases the number of signatures required to begin a recall petition of an elected official and requires an estimate of the cost of conducting a special election.

A minimum wage increase, justice reform, legalized jaywalking and workplace transparency are a few of the major legal changes that will take effect in 2023.