BEstates: A Fast Food Council in California. Racial Impact Statements in Michigan. Rent Tax Credit in New York

We're back with regular updates on select state legislation you should pay attention to ... because it might end up where you live, too

State Legislatures Currently in Session …

California 

SB103: The bill would provide that an elector who casts the elector’s ballots in violation of the elector’s pledge automatically vacates the elector’s position, and specifies procedures for filling the vacant position with a substitute elector. 

AB257: The bill would establish the Fast Food Sector Council (council) within the Department of Industrial Relations, to be composed of 11 13 members to be appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee, and would prescribe its powers. The purpose of the council would be to establish sectorwide minimum standards on wages, working hours, and other working conditions related to the health, safety, and welfare of, and supplying the necessary cost of proper living to, fast food restaurant workers, as well as effecting interagency coordination and prompt agency responses in this regard. 

SB107: This bill would prohibit a provider of health care, a health care service plan, or a contractor from releasing medical information related to sensitive services or related to a person or entity allowing a child to receive gender-affirming health care in response to a criminal or civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care. The bill additionally would prohibit law enforcement agencies from making, or intentionally participating in, the arrest of an individual pursuant to an out-of-state arrest warrant based on another state’s law against receiving providing, receiving, or allowing a child to receive gender-affirming health care. The bill would prohibit the extradition of an individual charged with violating another state’s law that criminalizes allowing a person to receive or provide gender-affirming health care.

AB2419: The federal Infrastructure Investment and Jobs Act (IIJA) provides additional federal funds to rebuild the nation’s infrastructures. Executive orders issued by President Biden established the federal Justice40 Initiative with the goal that 40% of the overall federal benefits flow to disadvantaged communities and stating that the implementation of the IIJA should prioritize investing public dollars equitably, including through the Justice40 Initiative. This bill would require a minimum of 40% of funds received by the state under the IIJA and certain other federal funds to be allocated to projects that provide direct benefits to disadvantaged communities and disadvantaged unincorporated communities and, except as specified, a minimum of an additional 10% be allocated for projects that provide direct benefits to low-income households and low-income communities, as provided. The bill would require state agencies administering those federal funds to perform specified tasks related to the expenditure of those federal funds.

Michigan 

HB6342: Notwithstanding any provision of law of this state, an individual who, or corporation or other legal entity that, does either of the following is not subject to prosecution for any criminal offense in this state for undertaking those actions: 

(a) Travels to another state to obtain an abortion. 

(b) Assists another individual in traveling to another state to obtain an abortion.

HB6340: Racial impact statement; require on all proposed legislation. The senate fiscal agency shall prepare, for each bill that is scheduled for a hearing before a standing committee of the senate, a fiscal analysis that contains… if the bill involves criminal justice, economic stability, education, employment, health care, housing, or transportation, an analysis of whether the bill is likely to have a racially or ethnically disparate impact. 

HB6333: A bill to create the school safety guardian program; to provide for the certification and recertification of certain individuals as school guardians; to require the promulgation of rules; and to provide for the powers and duties of certain state and local governmental officers and entities. 

New York 

A09454: Provides that recounts of ballots conducted by the board of elections or a bipartisan committee appointed by the board can be either done manually or via the use of any automated tool authorized for such use by the board of elections, which is independent from the voting system it is being used to recount, of all ballots for a particular contest where the margin of victory is less than or equal to 0.5% but greater than 0.25%; allows for losing candidates to deny a recount before any recount is conducted. 

A08552: Provides "WiFi service" internet access to all individuals residing in temporary housing; provides that one hundred percent of the cost for the expense incurred for local social services districts to provide such internet access shall be reimbursed by the state; relates to the ConnectAll digital equity grant program. 

S09515: Relates to the capital access program; focuses on minority business enterprises and small businesses located in highly distressed areas to assist them in processing and being approved for qualifying program loans; requires the engagement in outreach and marketing to financial institutions to increase awareness of the program. 

A03437: Establishes a tax credit for rent paid on the personal residence of certain taxpayers who lease the taxpayer's primary residence during the taxable year and who pay rent with respect to such residence in excess of thirty percent of such taxpayer's gross income for such taxable year.