BILL ANALYSIS Ó
AJR 28
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AJR
28 (Obernolte)
As Amended May 27, 2016
Majority
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|ASSEMBLY: |69-2 |(May 5, 2016) |SENATE: |33-1 |(August 17, |
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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.
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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
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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
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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.
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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
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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
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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