Thread: Controversial laws to take effect in 2012

whas11.com
by ABC News
Posted on December 27, 2011 at 2:34 PM

(ABC News) - The federal government may have been bogged down in a quagmire this year, but states across the country actively passed a slew of new laws -- ranging from conventional to controversial -- that are set to go into effect in 2012.

California takes the lead in the number of new laws that will be enacted Jan. 1, according to a list compiled by the National Conference of State Legislatures.

The ideological divide between conservative and liberal states is stark when it comes to the new regulations. It is most evident in the issue of immigration and the dueling laws that will go into effect next week.

Four states – Louisiana, Tennessee, South Carolina and Georgia – passed laws requiring businesses to enroll in the federal E-Verify program to determine whether their employees are legal residents and eligible to work in the United States. They followed in the footsteps of 17 other states, including Arizona and Mississippi, that require public and private employers to use the Internet-based system.

But California took the opposite route. Starting Jan. 1, city and county governments in the state will be barred from requiring private employers to use E-Verify, unless it's required to receive federal funds or is mandated by the federal government. The state says the move is a cost-cutting measure, and would save private employers about $3 billion. Under current law, it's voluntary for businesses to use E-Verify.

The California Dream Act will also go into effect in 2012. The legislation expands eligibility for in-state tuition and non-state scholarships to students who may not have legal status but have attended high school in the state for at least three years, have graduated from high school, or are attending a college or university. Another legislation allows such students to participate in student government.

But California stands alone when it comes to more lax requirements on illegal immigration. Most new state laws lean on the conservative side and that's not a surprise, observers say. In 2010, a wave of elections swept conservatives to power across the country, and a majority of legislatures this year were Republican, says Jon Kuhl, a spokesman for NCSL.

Immigration was especially a hotly contested topic in 2011. There were more than 1,600 bills presented in states dealing with immigrants and refugees, according to NCSL.

"Each state politically is different. If you look in 2011, there were more Republican legislatures than there have been in recent history," he said. "If you are looking at the totality of the legislation, it does trend toward the Republican or conservative side. In California's case, where you have a Democratic governor and legislature, the politics will fall in line with that."

This conservative uprising is also reflected in new election laws that will kickoff next year. Four states – Kansas, Rhode Island, Tennessee and Texas -- will require voters to present a photo ID before voting. New legislation in Tennessee takes this one step further. Under a new law, election officials will be required to identify voters who may not be citizens but who are registered to vote. The people flagged by officials would be required to present proof of citizenship in order to maintain their voter registration.

Texas passed a law that requires deputy and volunteer voting registrars to be U.S. citizens.

California, however, again went in the opposite direction, passing a law that allows new U.S. citizens to both register and vote on Election Day.

California also took the lead in passing other controversial laws that could either set the precedent for the rest of the country or face national backlash.

New legislation requires social science curricula to include "a study of the role and contributions of lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other cultural groups." It also expands laws against discrimination in textbook materials to include gender, religion, disability, nationality, and sexual orientation.

The law was passed in 2006 but was vetoed by then-GOP Gov. Arnold Schwarzenegger.

"It was the first law of its kind in the nation," Kuhl said. "The way the governor [Jerry Brown] framed it when he signed it is that history should be honest."

Outside of ideological motivations, several new laws are indicative of the economic hardship states are facing.
Under a new law in Delaware, people who become members of the state's pension fund on or after Jan. 1 will be required to contribute more than earlier members. It also ups the retirement age for pension beneficiaries. Currently, employees can retire at the age of 62 with five years of service under their belt, but the law changes that to 65 with 10 years of work.

Arizona will also reduce benefits under its retirement plan for those who enroll at the start of the new year. North Dakota, meanwhile, raises the contribution requirement for its state retirement plan by two percentage points.

Here are some other noteworthy laws that will take effect on Jan. 1:

A new law in California expands the definition of cyber bullying to include certain posts on social networking sites.

Two new laws in Oregon and California prohibit the possession, sale, trade, or distribution of shark fins, a practice that some advocates of the law say has reduced certain species of sharks.

Starting Jan. 1, it will be illegal for Nevadans to write text messages or use handheld phone devices while driving.
In North Dakota, drivers under 18 years of age will be barred from using cell phones in their cars, and everyone will be prohibited from text messaging.

In California, people under the age of 18 will not be allowed to use ultraviolet tanning devices.

Delaware and Hawaii will both allow same-sex couples to marry and receive the same benefits as other married couples.

http://www.whas11.com/home/Controver...136271483.html

2012 brings new laws on California employment

December 20, 2011|Kathleen Pender

About two dozen state employment laws will take effect Jan. 1, according to a list published by the California Chamber of Commerce.

Some of these laws will prohibit discrimination against employees on the basis of their gender expression or genetic information, require more employers to continue health coverage for mothers on pregnancy disability leave, clarify how long employees can take off work to donate organs or bone marrow, and prohibit some employers from doing credit checks on certain types of workers or job applicants.

Many of the laws are designed to protect California workers but will put additional burdens on employers at a time when the economy and job market remain weak. On the plus side for employers, a group of five laws supported by the chamber could lower their workers' compensation costs and streamline some notices and procedures.

A lawyer for the chamber, which publishes an annual rundown of new state workplace laws, says this year's list is longer than the past couple of years but shorter than some earlier years. "It's kind of in the middle," says Susan Kemp, the chamber's senior employment law counsel.

"Not every one of the new laws applies across the board to every employer, but if you take just a couple of laws that apply to most employers and add them up over the number of employees they have, it's going to create more administrative (chores) and more responsibility for the employer," she says.

2 with wide impact

The two laws that will affect the most employers, Kemp says, are:
-- AB469 requires employers to provide workers who are not exempt from overtime a notice at the time of hire that includes certain pay details including their rate of pay and whether it's hourly, salary, commission-based or otherwise; any allowances claimed as part of the minimum wage including meal and lodging allowances; the regular payday; and the name, address and phone number of the employer and of the employer's workers' comp insurer.

Most employers already provide this information in various places such as pay stubs and workplace posters. Starting next year, they will have to put it all in one notice given to new employees. The California labor commissioner will provide a template, but "each notice will be unique to that employee," Kemp says.

http://articles.sfgate.com/2011-12-2...ncy-disability

Some companies will be barred from checking citizenship???? I would not expect anything less coming out of the land of fruits, flakes and nuts. California deserves what they get by passing such laws and allowing politicians to pander to the illegals inthe state.

We so need at least a part time legislature, might at least slow them down.

26,125 employers and 90,318 job sites in CA. (voluntarily)use E-VERIFY
(More than any other state.)

California employers embrace E-VERIFY

http://www.alipac.us/ftopict-253969.html

Originally Posted by JohnDoe2

26,125 employers and 90,318 job sites in CA. (voluntarily)use E-VERIFY
(More than any other state.)

California employers embrace E-VERIFY

http://www.alipac.us/ftopict-253969.html

Listen here..! Use E-verify again and your going to jail.. Now give that illegal alien a job, a beer and your car key's...Bamano's (hurry up). Unbelievable!

Originally Posted by airdale

Listen here..! Use E-verify again and your going to jail.. Now give that illegal alien a job, a beer and your car key's...Bamano's (hurry up). Unbelievable!

It isn't illegal to use E-VERIFY.
It is only illegal for a city or county to REQUIRE the use of E-VERIFY.
Any company can voluntarily use E-VERIFY.

Starting Jan. 1, city and county governments in the state will be barred from requiring private employers to use E-Verify

New Laws Ban Happy Hour, Regulate Fire-Breathing

By The Associated Press
December 28, 2011 (AP)

State laws taking effect as 2012 begins require girls seeking abortions in New Hampshire to first tell their parents or a judge; voters in Tennessee to show photo ID; and California students to learn about the societal contributions of gays and lesbians. A sampling of some other new laws taking effect Jan. 1:

ALABAMA
— New restrictions govern who can testify as an expert witness in civil and criminal trials in a measure aiming to limit what critics call "junk science" theories of how or why a crime occurred.

DELAWARE
— Civil unions or domestic partnerships for same-sex couples are legalized, giving them the same state rights and obligations of those who are married but clarifying that marriage is between a man and a woman.

GEORGIA
— Any agency administering public benefits must require each applicant to provide at least one "secure and verifiable document."
— Municipalities with 911 call centers can require retailers selling prepaid cellphones to charge a fee to support the emergency systems.
— New safety requirements for cities that allow drivers to steer their golf carts off the green and onto roads and multi-use paths, including brakes, reverse warning devices and a horn.

ILLINOIS
— People convicted of first-degree murder must be added to a new public database, similar to the sex offender registry, when they're released from prison or any other facility. The database would include names, addresses, workplaces, schools attended and photos for offenders for up to 10 years after release.

— Motorcyclists stopped at a red light may proceed through if it fails to change to green after a reasonable length of time.
— Animal-control centers scanning a lost pet for a microchip also must look for other common forms of identification, including tattoos and ID tags.

NEVADA
— The state attorney general gains new subpoena powers to investigate open meeting law complaints, and members of public bodies who knowingly participate in violations are subject to civil penalties up to $500.
— Music therapists and dietitians face new licensing requirements, while educators must now undergo a criminal background check when their licenses are renewed. Fire performers and apprentices must apply to the state fire marshal for certificate of registration.
— A statewide emergency alert system is established for vulnerable elderly people, similar to the Amber Alert system for abducted children.

NORTH CAROLINA
— More criminals convicted of misdemeanors will be housed in county jails rather than in state prisons to save money and reduce repeat offenses.
— State tax collector will have fewer powers to force corporations to redo their tax returns if they're suspected of dodging taxes.

TENNESSEE
— Penalties increasing for raping a child, creating a minimum sentence of 25 years but allowing judges to increase the time when appropriate, up to 60 years for the worst cases.
— Penalties also increase for people who fire a weapon into an occupied home, a measure that seeks to curtail drive-by shootings.

UTAH
— New laws make any daily drink specials illegal, essentially banning happy hour.
———
Source: AP research

http://abcnews.go.com/US/wireStory/l...thing-15247457

2012 Brings New Ga. Immigration Law

6:09 PM, Dec 28, 2011
Written by
Brittiny Barber

Parts of Georgia's new immigration law take effect Jan. 1.

Starting then, many private businesses must use the E-verify system, which confirms if an employee is eligible to work in the U.S.

At Houston Healthcare in Warner Robins, Tracey Harrelson works as the staffing manager of their 2,300 employees.

Since 2007, she and other human resource staff have used the E-verify system to check the eligibility of new hires.

"We knew that probably down the road it would become a requirement, so we decided to just go ahead and participate," said Harrelson.

E-verify is one piece of Georgia's immigration law which goes into effect Jan. 1.

The law says, "Every public employer, including but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify employment eligibility of all newly hired employees."

The use of E-verify will be phased-in based on the number of employees.

Beginning Jan. 1, 2012, those with 500 or more employees must use the system. As of July 1 of next year, companies with 100 or more employees join in, and then July 1, 2013 businesses with more than 10 employees must use it.

For Harrelson and her staff, she said using the system has not increased their workload.

"We probably hire on average anywhere from 20 to 30 employees every two weeks and it really has not slowed down our process at all," she said.

Harrelson said it gives them a piece of mind knowing their new hires join the team verified through federal agencies.

That's the extra step in the hiring process that the state hopes will cut down on the number of illegal workers.

Businesses with fewer than 10 employees will not be required to use E-verify.

Also beginning Sunday as part of the new immigration law - local law enforcement will have the power to arrest, with probable cause, any person suspected of being an illegal alien.

http://www.13wmaz.com/news/article/1...mmigration-Law

cnn.com
By Josh Levs, CNN
updated 11:12 AM EST, Thu December 29, 2011


The E-Verify program, announced by Homeland Security Secretary Janet Napolitano in March, is the focus of several new laws.

(CNN) -- New laws going into effect Sunday cover some of the nation's most contentious issues, from immigration to abortion, while others deal with tanning beds, tuition and where you can sell a pet.

In all, nearly 40,000 laws were enacted in 2011, according to the National Conference of State Legislatures. Some take effect New Year's Day.

Among them is a controversial California provision requiring that schools add "lesbian, gay, bisexual, and transgender Americans" to the list of those whose contributions "to the development of California and the United States" must be taught in schools.

Another California law adds "gender identity and gender expression" to the list of characteristics that require equal rights.

New laws in Delaware and Hawaii make same-sex couples eligible for civil unions and grant them the same rights and benefits as married couples under the law, the legislature group said.

In New Hampshire, starting January 1, minors will have to inform a parent before getting an abortion or seek a court order to avoid parental notification.

Gov. John Lynch had vetoed the bill, saying there must be an exception for rape, incest and abuse. The legislature overrode his veto.

New laws in Louisiana, Tennessee, South Carolina and Georgia require businesses to enroll in the federal E-Verify program to ensure that employees are eligible to work in the United States, the National Conference of State Legislatures says.

California, meanwhile, is prohibiting any state or local government office from requiring that employers use E-Verify, unless it is required by federal law as a condition of receiving federal funds.

E-Verify is a controversial program designed to check a prospective employee's citizenship or immigration status. Supporters say it helps businesses avoid unintentionally hiring illegal immigrants. Critics complain that it is expensive to operate, pushes undocumented workers further underground, and is not always accurate.

Some laws ahead for the new year focus on health issues.

One in California prohibits the production or sale of beer to which caffeine has been added. Another in the state would prohibit the sale of dextromethorphan, or DXM, to minors without a prescription. DXM is in many over-the-counter cough suppressants, but it has been used as a recreational drug, the National Conference of State Legislatures says.

California also will ban stores from selling expired infant food and formula.

Another law in California focuses on school athletes suspected of having a concussion or head injury. A school must remove the athlete from that activity and not allow him or her to resume until clearance is given by a health care provider.

Many of the new laws cited by the legislature group are in California, including one prohibiting the use of ultraviolet tanning devices by minors and another making it a crime to sell "a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk."

Both Oregon and California will prohibit the sale of shark fins in the new year.

Oregon is requiring state colleges and universities to waive tuition and fees for foster children under age 25.

Some new state laws amend crime provisions. Kentucky will require that certain inmates convicted of drug crimes serve the final six months of their sentences in the community, under supervision.

Oregon will require ignition interlock devices -- computerized breath analyzers -- for people convicted of driving under the influence and people who are under intoxicant diversion agreements, which allow prosecution on a DUI charge to be delayed.

And more states are joining a nationwide movement for tougher laws against distracted driving. Nevada will prohibit all drivers from texting and using handheld devices, the National Conference of State Legislatures says. North Dakota is banning drivers under age 18 from using cell phones in their cars and barring all drivers from texting.

http://www.cnn.com/2011/12/29/us/new...Top+Stories%29