News Alert!!: Colorado River Tri-State: New California, Arizona, and Nevada Laws for 2018.
As we all welcome in the New Year 2018, here are a few of the new laws for 2018 that will be or is in effect for California, Arizona, and Nevada.
**** California: ****
- Salary Information:
Assembly Bill 168: Under the new bill employers are prohibited from asking salary information of an applicant. Employers are also prohibited from relying on salary history as a factor in determining salary for a new employee.
- Employers Banned From Asking Criminal History On Applications:
Assembly Bill 1008: This new law bans employers, state agencies, and public utilities with five or more workers from including, on any application, any questions about an applicant’s conviction history. Employers are not to consider a person’s criminal background until the applicant has received an offer. And if an employer then decides to take back the offer, the employer is required to notify the applicant in writing, with specific information, as to why the offer is being rescinded. Applicant is allowed to challenge, and the employer is required to review that challenge.
- Ammunition Sales:
Assembly Bill 693: Under this law all ammunition sales and transfers has to be made in person through a licensed vendor – approved by the State’s Department of Justice. Out of state purchases and internet purchases must also go through a vendor. The law does not apply to police officers, and law enforcement officers of a city, county, city and county, and state or federal government.
- Work Site Immigration Enforcement And Protections:
Assembly Bill 450: This law protects workers from immigration enforcement while on the job. An employer or someone acting on behalf of an employer is not allowed to let an immigration agent enter non-public areas of a work place unless the agent has a warrant. Public and private employers can face fines up to $10,000 for each violations.
- Minimum Wage:
Minimum wage increases to $10.50 per hour for employers with 25 or fewer workers, $11 per hour for employers with 26 or more employees.
- L.G.B.T. Rights For Long-Term Care Facility:
Senate Bill 219: This new law strengthens an existing law and makes it unlawful for a facility to act against an individual on the basis of their sexual orientation, gender identity, gender expression or their HIV status. Facilities cannot deny admission, transfer, refuse transfer, discharge or evict LGBT residents. Facilities must use a resident’s preferred name or pronouns.
- Recreational Marijuana:
The legal use of recreational marijuana goes into effect Monday, January 1st, 2018. While it’s up to individual cities to create their own rules, the state has some broad rules, such as pot shops have to be at least 600 feet away from schools and must close by 10 p.m. The state’s website is under construction, but there is some information on there – check out the “Marijuana goes legal in California on Jan. 1 — what you need to know.”
**** Arizona: ****
- Minimum Wage:
As of Monday, January 1st, 2018, the minimum wage for Arizona is 10.50 per hour.
- President’s New Tax Law:
The new tax law signed by the President is now in effect, for 2018 tax returns you will file next year. The new law doubles the standard deduction, doubles the child tax credit and gets rid of the nearly $4,000 personal exemption.
- Minors Using Phone While Driving:
Later in the year Senate Bill 1080 will prohibit minors from using a phone while driving for their first six months on the road- for both a learner’s permit and a driver’s license. This law goes into effect July 2018.
- Covers and Electronic Device For License Plate:
Senate Bill 1073 makes it illegal for Arizona drivers to cover a license plate or use any electronic device that covers the plate from any angle.
- Recreational Marijuana Legal In California, Not In Arizona:
California has legalized recreational marijuana. Arizona State Troopers want to remind you recreational cannabis is still illegal here and they will be checking for it at the immigration checkpoints.
**** Nevada: ****
Senate Bill 132: An act relating to education; providing for the establishment of an individual graduation plan for certain pupils to allow them to remain in high school for an additional period to work towards graduation; requiring the Superintendent of Public Instruction to determine certain requirements for eligibility for such a plan; revising provisions relating to academic plans for high school pupils; and providing other matters properly relating thereto.
Senate Bill 212: An act relating to the welfare of pupils; expanding the scope of the Safe-to-Tell Program; requiring the appointment of a team at each public school to receive reports from the Program; providing immunity from civil liability to such a team and its members; providing for the establishment of a support center to receive reports to the Program; requiring the Director of the Office for a Safe and Respectful Learning Environment of the Department of Education to provide certain training; requiring that certain plans used by schools in responding to a crisis or emergency include procedures for responding to a suicide of certain persons; authorizing a provider of mental health services to provide services to a school after a crisis, emergency or such a suicide; and providing other matters properly relating thereto.
Senate Bill 132: provides a program allowing your child to stay in high school longer if they are not on track to graduate in four years, or if they have performed poorly on college and career readiness exams.
Senate Bill 212: protects your child’s safety by expanding a program called Safe-to-Tell which is designed as a way for students, parents and teachers across the state to report cases of bullying, suspicious activity, or even things like drug use anonymously. The bill will require schools to create teams designed to receive reports, while also providing the proper training for crises and emergencies, including but not limited to, suicide.
- Domestic Violence:
Senate Bill 361: An act relating to domestic violence; providing under certain circumstances for hours of leave if an employee is a victim of an act which constitutes domestic violence; prohibiting the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation from disqualifying certain persons from receiving unemployment benefits under certain circumstances; prohibiting employers from conditioning employment in certain circumstances; revising the list of persons against whom domestic violence may be committed; revising provisions that exclude certain misdemeanor offenses related to domestic violence from provisions that limit the time of day that an arrest for a misdemeanor may be made; increasing the penalty for a battery which constitutes domestic violence in certain circumstances; providing penalties; and providing other matters properly relating thereto. Under this bill, an employer will be required to allow an employee that has suffered acts of domestic violence take up to 160 hours of paid leave from the date of the incident. Leave can be taken for anything including diagnosis, care or treatment, to obtain counseling or assistance, to participate in court proceedings or to establish a safety plan. Employers will also be required to provide certain accommodations for the employee for the employees safety, including but not limited to department transfers or reassignments, modified schedules, new work telephone numbers or any other reasonable accommodations that do not create undue hardships and that are necessary to ensure the safety of the employee and the workplace. Employers are also required to maintain a record of the hours of leave taken pursuant to this law for each employee for a two year period following the entry of such information in the record. Upon request, employers must make these records available for inspection by the Nevada Labor Commissioner. Employers must exclude the names of the employees from the records requested, unless a request for a record is for the purpose of an investigation. These records should be kept confidential. Additionally, employers may not deny any employee their right to use their leave time, require an employee to find a replacement worker or retaliate against an employee for using leave.
Assembly Bill 249: An act relating to health care; requiring the State Plan for Medicaid to provide certain benefits relating to contraception; revising provisions relating to dispensing of contraceptives; requiring all health insurance plans to provide certain benefits relating to contraception; and providing other matters properly relating thereto.
Senate Bill 233: An act relating to health care; requiring the State Plan for Medicaid and certain health insurance plans to provide certain benefits relating to reproductive health care, hormone replacement therapy and preventative health care; revising provisions relating to dispensing of contraceptives; and providing other matters properly relating thereto. These two bills will require insurance plans to provide a 12-month supply of birth control, instead of the standard 30 to 90 day supply. Also, once you reach your deductible, your plan will cover 100 percent of the cost of voluntary male sterilizations. If you have an HMO, you won’t have to pay a copay for contraceptives or male sterilizations. Your insurance provider can’t make you want for things like prior authorizations in order to gain access to benefits under your particular plan. And finally, under A.C.A., generic forms of birth control were covered, but not brand names. With these new bills, all forms of birth control are 100 percent covered, including brand names.
- Prescription Drug Abuse Prevention:
Assembly Bill 474: An act relating to drugs; requiring certain persons to make a report of a drug overdose or suspected drug overdose; revising provisions concerning the computerized program to track each prescription for a controlled substance; revising provisions governing the accessibility of health care records in certain investigations; requiring an occupational licensing board that licenses certain practitioners who are authorized to prescribe controlled substances to review and evaluate information and impose disciplinary action in certain circumstances; authorizing such an occupational licensing board to suspend the authority of a practitioner to prescribe, administer or dispense a controlled substance in certain circumstances; imposing certain requirements concerning the prescription of a controlled substance; revising the required contents of certain written prescriptions; providing a penalty; and providing other matters properly relating thereto.
Under this bill, one of the biggest changes is that before prescribing a drug, doctors are required to obtain written informed consent by the patient which can only be acquired after a detailed discussion regarding the medication. Detailed discussions must include potential risks and benefits of using a controlled substance; proper use, storage and disposal of a controlled substance; possible alternative treatments; the patient’s treatment plan; how the practitioner will address requests for refills; the risk of controlled substance exposure to a fetus of a childbearing age woman; if the controlled substance is an opioid, the availability of an opioid antagonist without a prescription; AND if the patient is an unempancipated minor, the risks that the minor will abuse, misuse, or divert the controlled substance, including ways to detect those issues. Once written informed consent is given, the doctor may only write a prescription for a maximum of 14 days. If a longer prescription is needed, further requirements must be met. Click here for a closer look at what those requirements are.