BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AJR 28


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AJR  
          28 (Obernolte)


          As Amended  May 27, 2016


          Majority


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |69-2  |(May 5, 2016)  |SENATE: |33-1  |(August 17,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  G.O.


          SUMMARY:  This measure would urge the Congress of the United  
          States and the President of the United States (U.S.) to enact  
          legislation that would allow a state to adopt daylight saving  
          time (DST) year round. Specifically, this resolution makes the  
          following legislative findings:


          1)Daylight saving time was a widely used 20th century energy  
            reduction tool that can be expanded to meet 21st century  
            energy shortages.
          2)Although neither standard time nor daylight saving time  
            produces much energy reduction for the coldest states during  
            the more frigid months of the year, California enjoys a  
            temperate climate that would afford greater reductions in  
            energy use by utilizing a year-round daylight saving time  
            plan.










                                                                     AJR 28


                                                                    Page  2


          3)The federal Uniform Time Act of 1966 allows states to decline  
            application of daylight saving time and provides states with  
            the option of practicing standard time year round, but does  
            not allow states to practice daylight saving time year round.


          4)By applying daylight saving time uniformly, the state could  
            avoid any inconsistencies in time application that would  
            otherwise impact and confuse the broadcasting, rail, airline,  
            and motor coach industries.


          5)In House of Representatives Report No. 99-185 from the  
            Committee on Energy and Commerce, numerous benefits are listed  
            in support of the extension of daylight saving time, including  
            significant energy conservation, improved traffic safety,  
            reduction in crime, economic growth, and overwhelming public  
            support.


          6)The state would greatly benefit from having the option of  
            extending daylight saving time year round.


          The Senate amendments: Make a minor and technical change to the  
          legislative findings.


          EXISTING LAW:  


          1)Federal law establishes the standard time of the United States  
            for each of nine zones and advances the standard time of each  
            zone by one hour during the period commencing at 2 a.m. on the  
            2nd Sunday of March of each year and ending at 2 a.m. on the  
            first Sunday of November of each year.


          2)The Daylight Saving Time Act, which was adopted as an  
            initiative measure by the voters at the November 8, 1949,  
            special election, provides that the standard time within the  
            state is that which is known, described, and designated by  








                                                                     AJR 28


                                                                    Page  3


            federal law as United States Standard Pacific Time.


          3)Requires, from 1 a.m. on the last Sunday of April, until 2  
            a.m. on the last Sunday of October, the standard time within  
            the state to be one hour in advance of United States Standard  
            Pacific Time.


          FISCAL EFFECT: Unknown 


          COMMENTS:  


          Purpose of Bill: According to the author, switching our clocks  
          to observe daylight saving time twice a year is an outdated  
          practice that is hazardous to our health and well-being and it  
          is time to end it.  While opting to stay on standard time year  
          round is one solution to this problem, there are number of  
          advantages to staying on permanent daylight saving time that  
          make it a more attractive option.  Permanent daylight saving  
          time would result in a reduction in traffic accidents and  
          robberies, offer net energy savings and could potentially  
          provide a great boon to the tourism industry and local  
          businesses.  Ultimately, it should be up to the voters to decide  
          whether or not to observe permanent daylight saving time.   
          However, under federal law, states only have the option of  
          opting for standard time.  This bill would urge Congress to  
          enact legislation to allow states to observe daylight saving  
          time permanently and give the voters the power to decide.  


          Background:  DST has been used in the United States and in many  
          European countries since World War I.  At that time, in an  
          effort to conserve fuel needed to produce electric power,  
          Germany and Austria took time by the forelock, and began saving  
          daylight at 11:00 p.m. on April 30, 1916, by advancing the hands  
          of the clock one hour until the following October.  Other  
          countries immediately adopted this 1916 action:  Belgium,  
          Denmark, France, Italy, Luxembourg, Netherlands, Norway,  
          Portugal, Sweden, Turkey, and Tasmania.  Nova Scotia and  








                                                                     AJR 28


                                                                    Page  4


          Manitoba adopted it as well, with Britain following suit three  
          weeks later, on May 21, 1916.  In 1917, Australia and  
          Newfoundland began saving daylight.


          The plan was not formally adopted in the U.S. until 1918.  An  
          Act to preserve daylight and provide standard time for the  
          United States was enacted on March 19, 1918.  It both  
          established standard time zones and set summer DST to begin on  
          March 31, 1918.  DST was observed for seven months in 1918 and  
          1919.  After the War ended, the law proved so unpopular (mostly  
          because people rose earlier and went to bed earlier than people  
          do today) that it was repealed in 1919 with a Congressional  
          override of President Wilson's veto.  DST became a local option,  
          and was continued in a few states, such as Massachusetts and  
          Rhode Island, and in some cities, such as New York,  
          Philadelphia, and Chicago.


          During World War II, President Franklin Roosevelt instituted  
          year-round DST, called "War Time," from February 9, 1942 to  
          September 30, 1945.  From 1945 to 1966, there was no federal law  
          regarding DST, so states and localities were free to choose  
          whether or not to observe DST and could choose when it began and  
          ended.  This understandably caused confusion, especially for the  
          broadcasting industry, as well as for railways, airlines, and  
          bus companies.  Because of the different local customs and laws,  
          radio and TV stations and the transportation companies had to  
          publish new schedules every time a state or town began or ended  
          DST.


          In the early 1960s, observance of DST was quite inconsistent,  
          with a hodgepodge of time observances, and no agreement about  
          when to change clocks.  The Interstate Commerce Commission, the  
          nation's timekeeper, was immobilized, and the matter remained  
          deadlocked.  Many business interests were supportive of  
          standardization, although it became a bitter fight between the  
          indoor and outdoor theater industries.  The farmers, however,  
          were opposed to such uniformity. State and local governments  
          were a mixed bag, depending on local conditions.









                                                                     AJR 28


                                                                    Page  5



          The Uniform Act (Federal Law):  By 1966, some 100 million  
          Americans were observing DST based on their local laws and  
          customs.  Congress decided to step in and end the confusion, and  
          to establish one pattern across the country.  The Uniform Time  
          Act of 1966 (15 U.S. Code Section 260a), signed into law on  
          April 12, 1966, by President Lyndon Johnson, created DST to  
          begin on the last Sunday of April and to end on the last Sunday  
          of October.  Any State that wanted to be exempt from DST could  
          do so by passing a state law - only Arizona and Hawaii have done  
          so.  The Federal Law does not, however, give states the option  
          to remain on DST year round.


          The Uniform Time Act of 1966 established a system of uniform  
          (within each time zone) DST throughout the U.S. and its  
          possessions, exempting only those states in which the  
          legislatures voted to keep the entire state on standard time.


          In 1972, Congress revised the law to provide that, if a state  
          was in two or more time zones, the state could exempt the part  
          of the state that was in one time zone while providing that the  
          part of the state in a different time zone would observe DST.  
          The Federal law was amended in 1986 to begin DST on the first  
          Sunday in April.


          Under legislation enacted in 1986, DST in the U.S. began at 2:00  
          a.m. on the first Sunday of April and ended at 2:00 a.m. on the  
          last Sunday of October.


          The Energy Policy Act of 2005 extended DST in the U.S. beginning  
          in 2007, though Congress retained the right to revert to the  
          1986 law should the change prove unpopular or if energy savings  
          are not significant.  Going from 2007 forward, DST in the U.S.  
          begins at 2:00 a.m. on the second Sunday of March and ends at  
          2:00 a.m. on the first Sunday of November.


          The Daylight Saving Time Act:  California voters passed  








                                                                     AJR 28


                                                                    Page  6


          Proposition 12 in 1949, approving DST in the state, and that the  
          standard time within the state is that which is known,  
          described, and designated by federal law as United States  
          Standard Pacific Time.  The act also requires, from 1 a.m. on  
          the last Sunday of April, until 2 a.m. on the last Sunday of  
          October, the standard time within the state to be one hour in  
          advance of United States Standard Pacific Time, which is  
          consistent with the federal law enacted in in 1966 and 1986.   
          However, as stated above, the Energy Policy Act of 2005 extended  
          DST in the U.S. beginning in 2007.  Since then, California has  
          begun DST at 2:00 a.m. on the second Sunday of March and ended  
          at 2:00 a.m. on the first Sunday of November.  Should congress  
          act and enact legislation that would allow a state to adopt DST  
          year round, the change would have to be approved by California  
          voters.


          Prior/Related legislation:  AB 385 (Chu) of the current  
          legislative session.  This bill would place a question before  
          the voters regarding whether to keep Daylight Saving Time (DST)  
          as it currently exists or switch to year round standard time.   
          As a result, a change would require the Legislature's approval  
          of an initiative to be placed on the ballot giving California  
          voters the option of deciding to remain in DST or eliminate it  
          entirely.  (Pending on Senate Floor)


          AB 2496 (Chu) of the current legislative session.  Would declare  
          the intent of the Legislature to enact legislation to establish  
          United States Standard Pacific Time as the standard time within  
          the state during the entire year.  (Pending referral at the  
          Assembly Desk)


          AJR 56 (Longville), Resolution Chapter 127, Statutes of 2000.   
          Memorializes the President and the Congress to enact legislation  
          to allow states the opportunity to choose year-round daylight  
          saving time, in addition to standard time or the current system  
          of "traditional" daylight saving time.


          SJR 1 X2 (Karnette), Resolution Chapter 1, Statutes of the  








                                                                     AJR 28


                                                                    Page  7


          2001-02 Second Extraordinary Session.  This measure would  
          memorialize the Congress to approve legislation that allows a  
          state to uniformly apply daylight saving time year round.


          Analysis Prepared by:                                             
          Kenton Stanhope / G.O. / (916) 319-2531  FN: 0004461