New California and Nevada laws in 2022

On the first day of January each year a slew of new laws take effect, many of which people will never hear of unless directly impacted. In California, the second-fewest number of legislative bills were passed, second only to the previous year due to COVID-19.

"In partnership with the Legislature, we’ve advanced hundreds of new bills this year to make meaningful progress on an array of issues that matter deeply to Californians across the state,” said Governor Newsom. “I thank Pro Tem Atkins and Speaker Rendon for their leadership in advancing historic measures to improve the lives of Californians, including new tools to boost our housing supply, improve workplace conditions and build a stronger state. As we head into the new year, I look forward to our continued work to expand opportunity for all Californians."

Highlights of some of the 770 bills signed into law in California:

Proposition 12 (the bacon law) seeks to improve living conditions for farm animals in California, and some say it's the strongest animal welfare law ever passed in the U.S. The ballot initiative — which was approved by voters in 2018 — makes metal enclosures that restrict pigs from turning around and battery cages that prevent hens from opening their wings illegal. Some farmers said the law will increase bacon costs at the supermarket by 60 percent and lead to a meat shortage.

California’s minimum wage rises to $15 per hour in this increment phase of a six-year implementation, and businesses with 25 or fewer workers will have an additional year to comply and must raise their minimum wage to $14 per hour.

AB-1171 by Assemblywoman Cristina Garcia (D-Bells Garden) and removes the term "spousal rape" and makes rape within marriage the same in every legal way to any instance of rape, except in cases where a person is incapable of giving consent "because of a mental disorder or developmental or physical disability," which would only be legally considered rape if the two people are unmarried. (Although the spouse committing the crime can still be prosecuted for rape under other statutes of the penal code.

AB 701 by Assemblymember Lorena Gonzalez (D-San Diego) establishes nation-leading transparency measures for companies to disclose warehouse production quota descriptions and prohibits the use of algorithms that disrupt basic worker rights.

AB 1475 by Assemblymember Evan Low (D-South Bay and Silicon Valley) bans social media mugshot shaming on platforms like Facebook and Nextdoor. It limits what they’re allowed to post there to better protect the rights of people who have been arrested but have not yet been prosecuted. The law forbids law enforcement from posting mug shots of people arrested on suspicion of nonviolent crimes. There are some exceptions for cases where there is an imminent threat to public safety.

AB 286 by Assemblyperson Lorena Gonzalez (D-San Diego) makes it illegal for food delivery apps to retain any portion of a tip or gratuity in support of delivery workers and to increase billing transparency. If the order is for delivery, that tip must go to the individual worker. If the order is for pickup, the gratuity must go to the restaurant.

AB 1003 by Assemblyperson Lorena Gonzalez (D-San Diego) makes the intentional theft of wages of an amount over $950 a grand theft and makes it a felony instead of a misdemeanor. Unlike misdemeanors, felonies give prosecutors the ability to carry out search warrants and use a grand jury in investigating employers. The bill considers gratuities and tipping as a wage, and independent contractors are considered employees under this bill. This means wage theft by companies hiring gig workers could also face a felony.

SB 62 by Senator María Elena Durazo (D-Los Angeles) ends the garment industry’s practice of piece-rate compensation and expands fashion brands’ liability for unpaid wages.

SB 8 by Senator Nancy Skinner (D-Berkeley) extends the provisions of the Housing Crisis Act of 2019 through 2030 to accelerate the approval process for housing projects and curtail local governments’ ability to downzone, among other provisions.

SB 9 by State Senate President pro Tempore Toni G. Atkins (D-San Diego) facilitates the process for homeowners to build a duplex or split their current residential lot.

SB 10 by Senator Scott Wiener (D-San Francisco) creates a voluntary process for local governments to implement streamlined zoning for new multi-unit housing near transit or in urban infill areas.

SB 2 by Senate President pro Tempore Toni Atkins (D-San Diego) and Senator Steven Bradford (D-Gardena) creates a system within the Commission on Peace Officer Standards and Training (POST) to investigate and revoke or suspend peace officer certification for serious misconduct.

SB 16 by Senator Nancy Skinner (D-Berkeley) expands public access to police misconduct records related to unreasonable or excessive use of force, discriminatory or prejudiced behavior, and other misconduct.

AB 338 by Assemblymember James C. Ramos (D-Highland) allows the placement of a monument in Capitol Park honoring Sacramento-area tribes, replacing the sculpture of missionary Junipero Serra.

AB 855 by Assemblymember James C. Ramos (D-Highland) removes Columbus Day as a judicial holiday and replaces it with Native American Day in September.

AB 600 by Assemblymember Joaquin Arambula (D-Fresno) ensures that crimes targeting people due to their immigration status are considered a hate crime.

AB 37 by Assemblymember Marc Berman (D-Menlo Park) makes permanent the measure implemented last year to send a vote-by-mail ballot to every active registered voter.

SB 389 by Senator Bill Dodd (D-Napa) allows restaurants, bars, breweries, and wineries that sell food to continue offering to-go alcoholic beverages with food orders, building on state regulatory relief announced in June.

AB 1084 by Assemblymember Evan Low (D-Campbell) requires retail department stores to provide a gender-neutral section for toys and child care items.

AB 652 by Assemblymember Laura Friedman (D-Glendale) bans the use of toxic PFASs in products for children, such as car seats and cribs, and AB 1200 by Assemblymember Philip Ting (D-San Francisco) prohibits their use in disposable food packaging.

SB 395 by Senator Anna Caballero (D-Salinas) subjects electronic cigarettes to a new tax as of July 1 to be paid by purchasers, equal to 12.5% of the sales price. The proceeds will go to public health and education programs.

AB 453 by Assemblywoman Cristina Garcia (D-Bells Garden) stays removing a condom without a sexual partner’s consent can be punished as sexual battery under state criminal law.

AB 101 by Assemblymember Jose Medina (D-Riverside) which – upon appropriation of funds by the Legislature – requires high schools to provide ethnic studies starting in the academic year 2025-26 and make completion of a one-semester course a high school graduation requirement beginning with students graduating in 2029-2030.

New laws in Nevada that start Jan 1, 2022:

Assembly Bill 118 - Revises provisions relating to the transportation of children in motor vehicles. Starting Jan. 1, children must be secured in a rear-facing car seat until at least the age of 2. Children under the age of 6 years old and shorter than 57 inches tall must now ride in a car seat.

Assembly Bill 196 - Requires courthouses to contain lactation rooms for use by members of the public, not just courthouse employees, under certain circumstances. Some exceptions to the requirement are courthouses that would require new construction to build a public lactation room.

Assembly Bill 321 - Every registered Nevada voter will be mailed a ballot in future elections. It passed in the 2021 legislature with Democratic support.

A list of the rest of the new laws in Nevada: https://www.leg.state.nv.us/App/Nelis/REL/81st2021/Bills/Effective/2022-01-01.