New California Laws for 2016

In California, most new laws take effect on January 1, so the beginning of the year is always a good time to look at some of the new laws that may affect you this year. Below are a few highlights.

Transfer on Death Deeds. I wrote previously on some of the pros and cons of this new law, which starts its 5-year trial period this year.

POLST Registry Trial. The POLST (Physician Orders for Life Sustaining Treatment) form has been in use in California for many years. This form differs from, and compliments, the Healthcare Directive, as it is an actual doctor’s order regarding specific treatments to provide or withhold. Until now, there was no central place for access to POLST forms, meaning that emergency medical services were often unaware that one was in place, and therefore performed unwanted procedures.

Under this pilot program, a registry will be developed so that medical providers can more easily be made aware of whether a patient has a POLST, and what their wishes are.

End of Life Option Act. It was widely reported in the news when Governor Brown signed this law back in October. Under the law, “an adult who meets certain qualifications, and who has been determined by his or her attending physician to be suffering from a terminal disease” may request a prescription for aid-in-dying drugs. There are numerous details regarding how this law will work (perhaps to be covered in a later article), but it is one of the exceptions to the January 1 rule, above.

Because this law was passed during an “extraordinary” session of the legislature, it did not take effect on January 1, but will do so 90 days after the extraordinary session ends. Since that has not happened yet, the exact effective date is still unknown.

Voting Rights. Appropriate for a Presidential election year, the legislature has expanded voting rights. In this case, the law has been clarified to provide that a person does not lose the right to vote merely because they are the subject of a conservatorship; in order to lose this right, the court must find that the person cannot communicate a desire to participate in the voting process, even with a disability accommodation.

Vaccinations. The parents’ “personal belief” waiver for child immunizations has been eliminated. With only a few exceptions (including medical waivers), all children must provide proof of vaccination before starting school.

Minimum Wage Hike. The statewide minimum wage is now $10 per hour.

Artificial Turf. Homeowners’ Associations cannot prevent an individual owner from replacing grass with artificial turf or draught-resistant landscaping. This was an “urgency” law, so took effect last September.

And Finally. Lace lichen, commonly known as Spanish moss, is now California’s official lichen.