The new year means new laws
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Deepa Bharath
Several personal resolutions may or may not go into effect today.
Bills that were signed into law by the Assembly last year,
however, will take effect today.
They range from new gun laws, which require more stringent safety
measures on the part of manufacturers, to one that will extend
Megan’s Law for another three years and provide the public continued
access to the state’s database of sexual offenders.
The passage of Assembly Bill 1313 renewing Megan’s Law until 2007
is significant in many ways, said Hallye Jordan, spokeswoman for
state Atty. Gen. Bill Lockyer.
“Megan’s Law has proved invaluable to Californians and has helped
them find out about sex offenders living in their neighborhoods so
they can protect their families,” she said. “If it had expired, they
would not have had access to this invaluable resource.”
The attorney general not only supported AB 1313, but is proposing
that Megan’s Law should continue without an expiry date, Jordan said.
“We also want the database on the Internet so people can view the
information from the convenience of their homes,” she said. “We’ll
continue to push for that.”
The law, which is in effect in several states, was named after
Megan Kanka, a New Jersey girl who was sexually assaulted and
murdered by a sex offender who lived in her neighborhood.
Also going into effect is Assembly Bill 1022, which prohibits
cities and counties from contracting for red-light enforcement at
traffic intersections based on the number of citations issued or a
percentage of revenue generated.
Costa Mesa now has red-light cameras in four of its intersections
and will likely add cameras in six other busy intersections, Costa
Mesa Police Lt. Karl Schuler said.
“We have always supported AB 1022 and have been following what the
law states already,” he said.
The cameras are managed by the city, and all citations go through
traffic officers before they are mailed off to the violators, Schuler
said. The city has issued more than 4,000 citations since spring. The
first red-light camera went online in May at the intersection of
Harbor Boulevard and Adams Avenue.
Another new law may make it harder for elementary and middle
school students to buy soda on campus. Newport-Mesa Unified School
District officials, however, have said the district stopped selling
carbonated soft drinks in 1997 in all of its schools. The district’s
policy goes even further than the new legislation, which does not
cover high schools. Newport-Mesa schools allow soda sales only during
fundraisers and after-school activities. Students may still bring
their own soft drinks in their lunch.
Most gun laws enacted every year affect the manufacturers, not the
dealers, said Randy Gerall, owner of the Grant Boys, which sells
guns.
This year, the new law requires new models of semiautomatic
handguns, beginning in 2006, to contain a safety device to prevent
accidental discharge.
While he welcomes safety laws, Gerall said most of them count
heavily on gun users to follow these laws.
“For example, I sell a gun to someone who says he has a safe in
his house,” Gerall said. “I take his word for it. But who’s to say
he’s going to put his gun in the safe?”
The solution to the problem is education, Gerall said.
“We need to educate children in schools about gun safety,” he
said. “It’s like driver’s education classes. Just because you teach a
kid to drive, he’s not going to become a race-car driver, and just
because you teach a kid about guns, he’s not going to become a
shooter. Education is the most important thing here.”
Hundreds of new California laws will hit the books on New Year’s
Day, though in some cases their effect will be delayed by months or
even years. Here’s a look at a few of them:
ENVIRONMENT
* SB 20: Starting July 1, new fees on computer and TV monitors
will go toward funding a statewide electronics recycling program.
* AB 28: Raises the refundable fees paid by consumers on
recyclable containers.
* AB 302: California becomes the first state to ban some of the
chemicals used in fire retardants. The prohibition goes into effect
in 2008.
* SB 245: Bans ocean farming of salmon, exotic and genetically
modified fish off the coast of California.
HEALTH
* SB 2: Requires many employers to help pay for their workers’
health insurance. The first phase will go into effect in 2006.
* SB 1661: California becomes the first state to provide paid
family leave, starting July 1.
* SB 322: Requires the state to develop guidelines for research
using human embryonic stem cells by January 2005.
* SB 969: Requires that people who give out medical advice over
the phone be licensed medical professionals.
* SB 582: Bans the sale of dietary supplements that contain
ephedra.
CIVIL RIGHTS
* AB 205: Widely expands civil rights of California’s gay and
lesbian domestic partners, giving them many of the rights of married
couples. Becomes effective in 2005.
* AB 17: Requires that businesses with state contracts offer the
same benefits to domestic partners as to married couples. Goes into
effect in 2007.
* AB 196: Prohibits housing or job discrimination against people
whose appearance differs from that normally associated with their
sex.
EDUCATION
* SB 5: Gives the Department of Education until 2009 to lay out
content standards for kindergarten through 12th-grade foreign
language instruction.
* AB 781: Makes Japanese-Americans who were pulled from their high
schools to be put in internment camps during World War II eligible
for honorary high school diplomas.
* SB 677: Schools have until July to begin restricting soda sales
to elementary and junior high students.
* SB 892: Requires schools to maintain clean and operational
restrooms or face the loss of state maintenance funds.
CRIME
* SB 420: Establishes a program under the state Department of
Health Services that provides medical marijuana users with a card
that protects them from arrest.
* AB 1313: Extends for three years Megan’s Law, which allows the
public access to high-risk or serious sex offenders’ information.
* AB 1101: Gives attorneys the option of revealing confidential
attorney-client information if they believe it necessary to prevent a
criminal act likely to result in death, starting July 1.
* SB 559: Allows drug offenders who have successfully finished a
drug rehabilitation treatment program to have their arrest record
with regard to drug offenses sealed.
* SB 489: Starting in 2006, requires new models of semiautomatic
handguns to contain a safety device to prevent guns from accidentally
going off.
FINANCIAL PRIVACY/
IDENTITY THEFT
* SB 1: Allows consumers to block financial companies from selling
or sharing their personal financial information, effective in July.
Part of it could be preempted by federal law.
* SB 25: Requires companies to verify the identity of credit card
applicants if the applicant’s credit report has a security alert.
Preemption by a federal law is possible.
HOMEOWNERS’ ASSOCIATIONS
* AB 1525: Gives residents of California’s 36,000 homeowners’
associations new rights to fly flags and put up signs.
VOTING RIGHTS
* AB 190: Requires that even if a person uses the wrong type of
provisional ballot, votes for candidates and measures for which he or
she is eligible to vote will be counted.
* DEEPA BHARATH covers public safety and courts. She may be
reached at (949) 574-4226 or by e-mail at [email protected].
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