January 11, 2008

New year brings new local laws

By Carol Rosen
Staff Writer

Drivers beware–the passing of the old year brings on several new laws affecting what you do when you drive your car. These involve cars and smoking, cars and cell phones, cars and keys and cars and gas. Other laws that come into effect this year run the gamut from lights and water to homeless shelters and from flood control to illegal immigrants.

Drivers should beware–the passing of the old year brings on several new laws affecting what you do when you drive your car.

As of Jan. 1, smokers—cigarette, cigar and pipe—are no longer allowed to smoke in their cars while driving, standing or parked with anyone under the age of 18. The fine is up to $100, but can only be cited if police stop for violation of another driving offense. Two more laws affect drivers, both relating to cell phones. On July 1, teens will be prohibited from using cell phones or any other mobile service device while driving. The same law pertains to all adults, unless they are using a hands-free device, like an earpiece, with their phone.

Other driving-related laws include SB 1542 for replacement keys that have been lost, stolen or damaged. Automakers must provide the key codes to a licensed and registered locksmith for replacement keys for vehicles sold or leased in California on or after Jan. 1. Exceptions go to automakers that sell less than 2,500 vehicles annually and to manufacturers, such as Mercedes Benz and BMW, that make their own keys who must send a replacement key by overnight mail until 2013, when they too must comply.

AB 801 makes it illegal to sell or use products that obstruct or impair identification of license plates by an electronic device operated by police, such as a red light camera. The fine for impairing the license is $146 and for selling such products is $900.

The state senate reauthorized SB 67, which lapsed in 2006. This law allows police to impound cars for 30 days if a person is arrested for street racing, exhibition of speed or reckless driving.

Another new law prohibits courts from sending to traffic school those arrested for driving under the influence, hit and run, speed contests, evading an officer and vehicular manslaughter.

Another law, AB 118, becomes effective July 1. It increases the smog abatement fee for newer vehicles and the registration fee from all motorists. It will fund various motorist and non-motorist purposes including research for alternative fuels and alternative fuel infrastructure, retrofitting large truck engines and removing high-polluting vehicles. Car owners will contribute more than $150 million per year until 2016 when the law expires.

Other new laws
Legislation gives the California Energy Commission until the end of 2008 to develop tougher efficiency standards for general-purpose lights. Another new law authorizes a $250 million subsidy program to encourage installation of solar water heaters and requires the Energy Commission to establish water-efficiency standards for the design of new buildings.

Cities and counties could be forced to cover a share of the damage caused by flooding if they approve new development without considering flood risks. A related bill requires cities and counties in the flood-prone Central Valley to follow new flood protection requirements in making land-use decisions.

Another law is intended to remove roadblocks for homeless shelters by requiring cities and counties to designate areas where shelters can be located without obtaining a conditional use permit.

Consumer laws
New legislation prohibits an employer or anyone else from requiring a person to have a radio frequency identification device inserted under the skin. The devices, about the size of a rice grain, can be used to track and transmit personal information about the user.

A law also went into effect to ensure that music fans who buy tickets to oldies concerts are not victims of deceptive advertising. The legislation requires performing groups to meet at least one of several standards to be able to legally use the name from the groups' recording days. For example: The group must include at least one member who has the legal right to use the name. Bands also can avoid lawsuits by acknowledging they are a salute or tribute to the original recording group and had a name that did not confuse ticket buyers.

A new law allows shoppers to cash in gift certificates that have less than $10 left in value. Consumer advocates say that will prevent stores from benefiting from an "undeserved bonanza" generated by unexhausted gift certificates that stores have refused to trade for cash.

The state's two giant public pension funds, the California Public Employees' Retirement System and the California State Teachers' Retirement System, are now prohibited from investing in companies that have defense- or nuclear energy-related business with Iran.

Courts could require the parents or guardians of gang members to attend parenting classes under new legislation that attempts to prevent first-time juvenile offenders from committing additional crimes.

Another new law prevents cities and counties from requiring landlords to serve as surrogate border patrol agents by obtaining and reporting the immigration status of their tenants. The measure also prohibits ordinances preventing landlords from renting to illegal immigrants.

Routine HIV tests
A new law makes it more likely that people will be routinely tested for HIV and AIDS. The measure drops a requirement that patients fill out a form to have the tests. They only have to give a doctor verbal consent to add HIV to other conditions for which they are being tested.

New legislation allows sperm from a man with HIV to be used to artificially inseminate a wife or partner who does not have the disease if the woman consents and the sperm is processed to minimize the possibility of infection.