CALIFORNIA LAWS ’98

With the new year also comes nearly 1,000 new state laws. Some are major, most are not, but all will affect someone in California; income taxes, for example, will go down for 3 million Californians. For others, fees and fines will go up.

Welfare will become harder to get, criminal sentences will get stiffer, elementary school class sizes will be reduced in another grade, and 580,000 children of low-income parents will get health insurance.

Gov. Pete Wilson signed 959 bills into law in 1997. That was 215 less than in 1996, and the smallest number in his tenure. Still, the year brought noteworthy measures, capped by a flurry of compromises on the final day of the legislative session. Most measures go into effect today, although a few took already are in force. One of the biggest changes is not because of a law passed in 1997, but because of one approved in 1994. Under that law, smoking in most bars and card rooms across California becomes illegal tonight at midnight.

Many bills affect small groups of people or special interests. Others, such as a higher fine for running a red light, could affect everyone. Here’s a look at some of the more significant bills, and a few silly ones.

You can find out more about any bill by writing to the bill’s author at: State Capitol, Sacramento, Calif., 95814, or via California’s web page on the Internet, https://www.ca.gov/s/

Taxes and Welfare

Income taxes--The state income tax credit for children and other dependents, currently $68, will go up by $50 this year and another $100 in 1999. Joint filers who sell their homes will be exempt from capital gains taxes up to $500,000 of the house’s value, and $250,000 for single filers. The amount of money that people can save in individual retirement accounts also will increase. (SB 1233 by Sen. Bill Lockyer, D-Hayward).

Taxpayer rights--This bill extends the time for making some tax payments without penalty, and restricts retroactive application of tax regulations. (AB 713 by former Assemblyman Louis Caldera, D-Los Angeles).

Library taxes--Counties can impose an additional 1/8- or 1/4-cent sales tax to fund libraries, with approval of two-thirds of the electorate. (SB 154 by Sen. Mike Thompson, D-St. Helena).

Welfare overhaul--Among many changes in welfare law, no welfare recipient can be on welfare for more than five years. During any one stint, new welfare applicants will be limited to 18 months of aid. Able-bodied recipients must work or participate in job training for 20 hours a week, and make sure their children attend school. (AB 1542 by Assemblywoman Denise Ducheny, D-San Diego).

Public Education

Class-size reduction--Another grade level will be added to the program begun last year to reduce class sizes in the early grades. School districts will be provided with money to limit classrooms to a maximum of 20 pupils in kindergarten through 3rd grade. (AB 804 by Sen. Jack O’Connell, D-Santa Barbara).

Testing--Students in grades 2 through 11 will have to take a standardized achievement test. Until now, districts had a choice of many tests. (SB 376 by Sen. Dede Alpert, D-Coronado).

Tuition cuts--This fall, college fees will be cut 5%. The cut will be about $190 a year at UC campuses, $79 at Cal State campuses and $1 per unit at community colleges. (AB 1318 by Assemblywoman Denise Ducheny, D-San Diego).

School days--The school year, which averages 176 days in California, is lengthened by one day. (AB 1579 by Assemblywoman Virginia Strom-Martin, D-Duncans Mills).

Tutors--College students can earn money tutoring kindergarten through 6th grade students who need help in reading, arithmetic and other subjects. (SB 316 by Sen. Tom Hayden, D-Los Angeles).

Threats--School authorities acquire the authority to expel students who make violent threats against school personnel or property. (AB 307 by Assemblyman Howard Kaloogian, R-Carlsbad).

Digital classroom--Up to $50 million will be made available to purchase computer equipment and pay for teacher training to create “digital classrooms” in public schools. (AB 64 by Assemblyman Joe Baca, D-Rialto).

Internet reporting--School districts are required to post on the Internet “report cards” so parents can assess academic standards and view attendance, financial and safety reports. (AB 569 by Assemblyman Ted Lempert, D-San Carlos).

Teacher competency--By the year 2000, prospective teachers will be required to demonstrate competency in the use of classroom computers. (AB 1023 by Assemblywoman Kerry Mazzoni, D-San Rafael).

Employee checks--Individuals with violent or serious felony histories are barred from employment by school districts, and a finger-print check system will be established for all applicants. These bills were a response to the murder of a high school senior in suburban Sacramento, a crime for which an ex-convict has been charged. (AB 1610 by Assemblywoman Deborah Ortiz, D-Sacramento, and AB 1612 by Assemblywoman Barbara Alby, R-Fair Oaks).

New campus--Recently emptied Camarillo State Hospital becomes the proposed site of a new California State University campus. (SB 623 by Sen. Jack O’Connell, D-Santa Barbara).

Bus drivers--School bus drivers testing positive for illegal drugs will be suspended from their jobs for at least three years. (AB 1238 by Assemblyman Brett Granlund, R-Yucaipa).

Crime, Police and Courts

Court fees--As part of a major restructuring of how courts are funded, people filing small claims actions will see the fees increase to $20 from the previous $13. Copies of court documents will double to $1 a page. (AB 233 by Assemblywoman Martha Escutia, D-Bell).

Executions--Immediate family members of victims must be allowed to witness executions if they want. (AB 566 by Assemblyman Tom McClintock, R-Northridge).

Adult sex offenders--People found not guilty of a sex crime by reason of insanity must register as sex offenders. (AB 290 by Assemblywoman Barbara Alby, R-Fair Oaks).

Rapists--Convicted rapists are prohibited from obtaining custody of, or visiting without supervision, children conceived as a result of the rape. (AB 1222 by Assemblyman Roderick Wright, D-Los Angeles).

Stalking--Police can obtain five-day emergency protective orders by telephone on behalf of stalking victims if the victim is in immediate danger. (AB 350 by Assemblyman Brooks Firestone, R-Los Olivos).

Battery--The fine for battery of a police officer goes to $10,000, from the current $2,000. The fine for battery of a public transit driver, passenger or station agent also goes to $10,000. (AB 149 by Assemblyman George Runner Jr., R-Lancaster, and AB 946 by Assemblyman Carl Washington, D-Paramount).

Police home buyers--Redevelopment agencies can use money to subsidize the down payments of police officers who buy homes in high crime neighborhoods. (SB 257 by Sen. Barbara Lee, D-Oakland).

Elder abuse--Police officers and sheriffs deputies must complete courses on elder abuse. (AB 870 by Assemblyman Bob Hertzberg, D-Sherman Oaks).

Peeping--Peeping toms can be ordered to participate in counseling as a condition of probation and face one year in jail for second convictions, rather than the previous six months. (AB 950 by Assemblywoman Susan Davis D-San Diego).

Cock fighting--A bill backed by Sheriff Sherman Block makes it easier to seize roosters and other fighting animals and the paraphernalia associated with such pursuits; also allows judges to order the animals killed. (SB 196 by Sen. Pete Knight, R-Palmdale).

In-line skating--Public agencies are immune from lawsuits for injuries that in-line skaters receive on public property. (AB 915 by Assemblyman Scott Baugh, R-Huntington Beach).

Party drug--People in possession of the drug GHB (gamma-hydroxybutyrate) without a prescription face prison terms of 16 months to three years. Those caught selling GHB could face up to four years in prison. (AB 6 by Assemblyman Larry Bowler, R-Elk Grove, and SB 3 by Sen. Tim Leslie R-Carnelian Bay).

Forfeiture--Drug dealers face increased risk of having their possessions seized if they who use minors as drug runners, or possess chemicals used to make methamphetamine. (SB 457 by Sen. Jim Costa, D-Fresno).

Juvenile Crimes

Sex offenders--Juveniles convicted of some types of rape must register with police as sex offenders. (SB 314 by Sen. Ruben Ayala, D-Chino).

Victims--Victims of juvenile crime can submit written statements about the impact of the crime on their lives in reports to judges who sentence the delinquents. (SB 1195 by Sen. Adam Schiff (D-Burbank).

Restitution--Officials can seize up to half of any deposit made to a California Youth Authority ward’s trust account to pay restitution claims. (AB 1132 by Assemblywoman Barbara Alby R-Fair Oaks).

Identity--By approval of a juvenile court judge, police can publicly identify minors who are sought for arrest in various felonies. (SB 1058 by Sen. Adam Schiff D-Burbank).

Tattoos--The California Youth Authority must buy laser equipment to remove tattoos from juveniles leaving custody to seek jobs. The procedure will occur at sites to be selected in Los Angeles County and the Bay Area. (SB 526 by Sen. Tom Hayden, D-Los Angeles).

Witness Protection

Witness program--The state Attorney General can offer to relocate witnesses and provide them with other protection, particularly if they testify in organized crime, drug and gang-related cases. The new state program, similar to one operated by the federal government, will cost $3 million initially. (AB 856 by Assemblyman Bob Hertzberg, D-Sherman Oaks).

Threats--Anyone who makes threats intended to dissuade witnesses from testifying faces a misdemeanor or felony, depending on the circumstances, and could be subject to sentences of up to 25 years to life under the three strikes sentencing law. Previously, the crime was a misdemeanor. (SB 940 by Sen. Tim Leslie, R-Carnelian Bay).

Hearsay exception--Sworn statements from witnesses who later die under suspicious circumstances are admissible in gang crimes--an exception to the usual rule barring of hearsay testimony. (SB 941 by Sen. Tim Leslie, R-Carnelian Bay).

Disclosure--Attorneys, their employees and court officials face a misdemeanor if they disclose to defendants’ family members or others the addresses or phone numbers of witnesses. (AB 207 by Assemblyman Peter Frusetta, R-Tres Pinos).

Notification--Witnesses, victims or family members of victims must be told in writing when the violent felon responsible for the crime against them is paroled within 100 miles of where the witnesses or victims live. Previously, witnesses within 25 miles of the release site were notified. (AB 139 by Assemblyman Charles Poochigian, R-Fresno).

Guns and Other Weapons

Gun crimes--In a bill dubbed the “10-20-life” measure by its backers, criminals who carry a gun during the commission of a crime will face an additional 10 years in prison. Anyone who fires a gun faces an extra 20 years in prison. If the bullet injures a victim, the criminal faces life in prison. (AB 4 by Assemblyman Tom Bordonaro, R-Paso Robles).

Ammo sales--It’s now against the law to sell ammunition that can be used in concealed weapons to persons under 21. (AB 1221 by Assemblywoman Dion Aroner, D-Berkeley).

Registration--New residents must register their handguns with the state Department of Justice within 60 days of moving to California. (AB 991 by Assemblyman Kevin Shelley, D-San Francisco).

Gun permits--Police chiefs and sheriffs can only issue permits to carry concealed weapons to residents of their cities or counties. (SB 146 by Sen. Pat Johnston, D-Stockton).

Concealed guns--Targeting street gang members and drive-by shootings, passengers caught with handguns concealed in cars in which they are riding can face a felony. (AB 204 by Assemblyman Jack Scott, D-Altadena).

Gun noise--Shooting ranges are exempt from liability for the noise they generate. (SB 517 by Sen. Ray Haynes, R-Riverside).

Grenades--It no longer will be legal to possess practice military hand grenades, or replicas, that can be altered to explode--a source of weaponry used by some Los Angeles gangs. (AB 202 by Assemblyman Jack Scott, D-Altadena).

Cars, Drivers and Boaters

Running red lights--The cost of a ticket for running a red light rises to $270 from the previous $104. (AB 1191 by Assemblyman Kevin Shelley, D-San Francisco).

Teenage drivers--Starting July 1, people under 18 who apply for a driver’s licenses face tighter restrictions. They must have at least 50 hours of supervised practice and possess a beginner’s permit for six months. Newly licensed teenagers generally will be barred for six months from driving between midnight and 5 a.m., and cannot give rides to passengers under age 20 unless they are accompanied by a licensed driver who is 25 or older. (SB 1329 by Sen. Tim Leslie, R-Carnelian Bay).

Bridge tolls--Tolls will double to $2 on San Francisco Bay Area toll bridges, other than the Golden Gate Bridge. The revenue will pay for retrofitting the bridges, along with replacing the eastern span of the San Francisco-Oakland Bay Bridge. The total cost will is estimated at $2.6 billion. (SB 60 and SB 226 by Sen. Quentin Kopp, I-San Francisco).

New fee--County supervisors can charge motorists an additional $1 to their register their vehicles. The revenue will finance expanded criminal history fingerprint checks for local law enforcement and public employment purposes. (SB 720 by Sen. Bill Lockyer, D-Hayward).

Drunken driving--Prosecutors can charge drunken drivers with either a felony or misdemeanor if the motorist was convicted of a single drunken driving felony within the past 10 years. Under the old law, prosecutors could exercise the option if the suspect compiled three drunken driving convictions in seven years. (AB 130 by Assemblyman Jim Battin, R-La Quinta).

Drugs and driving--The Legislature extended until 1999 a law requiring that anyone convicted of any drug offense will lose his or her license for six months, whether or not the offense was related to driving. (AB 74 by Assemblyman Larry Bowler, R-Elk Grove).

Disabled drivers--Gas station employees face a $100 fine if they fail to help DMV-recognized disabled drivers refuel their vehicles. Previously, the fine was $25. Repeat offenders can be fined up to $500. (AB 1277 by Assemblywoman Helen Thompson, D-Davis).

Smog check--Cars built prior to 1974 are exempt from biennial smog checks. The exemption was advocated by entertainer Jay Leno and other classic car owners. (SB 42 by Sen. Quentin Kopp, I-San Francisco).

Smog check II--The cost to low-income motorists of complying with strict new smog check requirements is capped at $250. (AB 57 by Assemblywoman Martha Escutia, D-Bell).

School buses--School bus drivers must activate their flashing red lights each time a youngster gets on or off the bus instead of only when students are crossing the road. Motorists must come to a full stop. (AB 1297 by Assemblyman Bill Morrow, R-Oceanside).

Car alarms--Cars can be towed if their car alarm is not turned off within 20 minutes. The old law allowed 45 minutes. (AB 1561 by Assemblyman Kevin Murray, D-Los Angeles).

Truckers--Drivers and passengers in long haul trucks used in intrastate commerce must wear safety belts. The law does not apply to passengers riding in truck sleeper berths. (AB 1278 by Assemblyman Tony Cardenas, D-Sylmar).

Pearl Harbor--Spouses of veterans who survived the attack on Pearl Harbor can keep special veteran’s license plates after their spouse dies. (SB 354 by Sen. Maurice K. Johannessen, R-Redding).

Teenage boaters--The minimum age for operating a boat with a motor of more than 15 horsepower increases from 12 to 16, unless accompanied by an adult. (SB 545 by Sen. Herschel Rosenthal, D-Los Angeles).

Motorized water skis--Jet skiers cannot jump wakes within 100 feet of a boat or at night. (Sb 347 by Sen. Mike Thompson, D-St. Helena).

Families and Children

Breast feeding--Women can breast feed their children in public without fear that they will be asked to leave business establishments or face other repercussions. (AB 157 by Assemblyman Antonio Villaraigosa, D-Los Angeles).

Children first--Judges in custody cases are required to consider children’s welfare as their primary concern and weigh factors such as abuse, alcohol and drug use in deciding which parent should be awarded custody. (AB 200 by Assemblywoman Sheila Kuehl, D-Santa Monica).

Deadbeats--County prosecutors are required to refer nonpayment of child support cases to the state Franchise Tax Board for collection in the same vigorous manner the board pursues delinquent personal income taxes. (AB 1395 by Assemblywoman Martha Escutia, D-Bell).

Abusive relatives--County child protective services now have access to information intended to prevent placing dependent children with child-abusing relatives. (AB 1065 by Assemblyman Jan Goldsmith, R-Poway).

Domestic violence--When domestic violence is committed in front of a child, the judge can impose a harsher penalty. (AB 102 by Assemblyman Jim Cunneen, R-San Jose).

More violence--Judges can set high bail amounts in domestic violence cases to keep abusers in jail if they are believed to pose a threat of further violence. (AB 45 by Assemblyman Kevin Murray, D-Los Angeles).

Foster care--Foster parents who are relatives of the child can qualify for financial support and other services on par with foster parents who are unrelated, correcting an imbalance that favored the latter. (AB 1193 by Assemblyman Kevin Shelley, D-San Francisco).

Adoption changes--Families of children who are later adopted can work out agreements to continue contact with the children, if appropriate, and birth parents can more easily relinquish a child to a designated relative. (AB 1544 by Assemblywoman Dion Aroner, D-Berkeley).

Children’s fund--State taxpayers can make voluntary check-off contributions to a fund used to train teen parents, help families in crisis and pay for public education campaigns such as “never shake a baby.” The check-off started in 1983 but was not in effect last year. (AB 1033 by Assemblyman Peter Frusetta, R-Tres Pinos).

Self-esteem--The state Department of Social Services is required to disseminate information to foster homes and child welfare organizations declaring the importance of self-esteem. (SB 916 by Sen. John Vasconcellos, D-Santa Clara).

Health and Insurance

Health care--Using a mix of federal and state money, the Legislature created a program to provide health, dental and vision care for 580,000 children of low-income parents who have no other health insurance. (AB 1126 by Assemblyman Antonio Villaraigosa, D-Los Angeles, SB 903 by Sen. Barbara Lee, D-Oakland, AB 217 by Assemblywoman Liz Figueroa, D-Fremont, and AB 1572 by Villaraigosa and Assemblyman Martin Gallegos, D-Baldwin Park).

Cloning--No person may clone a human being or purchase or sell an ovum, zygote, embryo, or fetus for the purpose of cloning a human being. Violators may be fined by health authorities. (SB 1344 by Sen. Pat Johnston, D-Stockton).

Ear wax--Licensed audiologists can now legally engage in “planning, directing, conducting, supervising or participating in” removal of patients’ cerumen, otherwise known as ear wax. (SB 407 by Sen. Richard Polanco, D-Los Angeles).

Bad doctors--The Medical Board of California must disclose malpractice judgments, arbitration awards and disciplinary actions that result in the termination of a doctor’s hospital staff privileges if the reason is medical. (AB 103 by Assemblywoman Liz Figueroa, D-Fremont).

Prostate cancer--Physicians examining a patient’s prostate gland must provide information about diagnostic procedures for cancer if the patient is over age 50, shows symptoms of the disease or is at an increased risk of contracting it. (SB 1 by Sen. John Burton, D-San Francisco).

Pain relief--Doctors are required to offer patients the option of taking opiates such as morphine to relieve severe and lasting pain, even if the doctor does not personally wish to write the prescription. (SB 402 by Sen. Leroy Greene, D-Carmichael).

New mothers--Health maintenance organizations and health insurers must permit mothers and newborns to remain in the hospital at least 48 hours, or 96 hours for a caesarean delivery. (AB 38 by Assemblywoman Liz Figueroa, D-Fremont).

Health coverage--California’s so-called COBRA plans--allowing workers to pay for their health coverage if they lose their jobs through retirement or lay-off, for example--will cover employee groups of less than 20. Federal rules only cover people in larger employee groups. (SB 719 by Sen. Patrick Johnston, D-Stockton).

Consumer Protection

Body piercing--It’s now an infraction for anyone to pierce the lip, tongue, nose, eyebrow or body part other than ears of someone under age 18 unless the child’s parent is present, or provides consent in a notarized letter. (AB 99 by Assemblyman George Runner, R-Lancaster).

Complaints--Ticked off taxpayers can now use the Internet to register comments and complaints about various state departments. (AB 206 by Assemblyman Bob Hertzberg, D-Sherman Oaks).

Identity fraud--Misusing another person’s identity is now a misdemeanor, and retailers processing credit applications must inspect an applicant’s photo identification. (AB 156 by Assemblyman Kevin Murray, D-Los Angeles).

Privacy--Mailings from state agencies to individuals must be sealed in a manner that conceals information such as a person’s driver’s license number, social security number or credit card number. (SB 458 by Sen. Steve Peace, D- El Cajon).

Cyber-seduction--Use of the Internet to distribute material calculated to sexually seduce minors becomes a crime punishable by jail or prison time. (AB 181 by Assemblyman Steve Kuykendall, R-Rancho Palos Verdes).

Cell phones--It’s now a criminal offense to electronically intercept cellular telephone calls to obtain the phone’s number to be used in fraudulently charging calls. (AB 1127 by Assemblyman Wally, Knox D-Los Angeles).

Food--Ready-to-eat food served to the public must be heated to cooking temperatures determined necessary for safe health. (AB 396 by Assemblyman Howard Kaloogian, R-Carlsbad).

Deadbolts--Landlords must install and maintain deadbolts and window locks at their rentals. (SB 548 by Sen. Hilda Solis, D-El Monte).

Contractors--A building contractor must be certified by the Contractors’ State License Board to perform home improvement work. (AB 1213 by Assemblyman Gary Miller, R-Diamond Bar)

Environment

Endangered species--Developers, miners and other landowners may kill or harm an endangered species or its habitat if they compensate fully for the loss, through habitat creation or other means. (SB 879 by Sen. Patrick Johnston, D-Stockton).

Farmers--Growers may kill an endangered species without penalty if it is an accident that occurs during routine agricultural practices. (SB 231 by Sen. Jim Costa, D-Fresno).

State dirt--”San Joaquin soil” is now designated as the official California state dirt. (SB 389 by Sen. Dick Monteith, R-Modesto).

Squid--Fishermen must purchase a license to harvest squid with seine or scoop nets, and a scientific committee will study the stressed squid fishery. (SB 364 by Sen. Byron Sher, D-Stanford).

Abalone--Abalone hunting is now banned from San Francisco Bay to the Mexican border. Sport divers may hunt on the North Coast if they pay a $12 fee to help fund abalone management. (SB 463 by Sen. Mike Thompson, D-St. Helena).

Pig menace--People don’t need to get a permit to kill wild pigs, so long as the porker is threatening life, livestock or property. (SB 329 by Sen. Bruce McPherson, R-Santa Cruz).

Electricity--Utility companies must disclose to customers the fuel sources of the electricity they supply. (SB 1305 by Sen. Byron Sher, D-Stanford).

Elections

Electronic filing--The Secretary of State will develop a system requiring that candidates and initiative campaigns begin filing financial disclosure reports on the Internet by the year 2000. (SB 49 by Sen. Betty Karnette, D-Long Beach).

Foreign money--Foreign sources are banned from making monetary contributions to state ballot initiative campaigns. (SB 109 by Sen. Quentin Kopp, I-San Francisco).

Identity required--Those who are paid to register people to vote--so-called “bounty hunters”--must clearly identify themselves on each registration form they turn in. (SB 1077 by Sen. Adam Schiff, D-Burbank).

Labor

Child stars--Children who work in the entertainment industry can be excused from school for up to five days and receive credit for instruction provided by studio teachers. (AB 776 by Assemblyman Joe Baca, D-Rialto).

Minimum wage--Employers face fines of $250 rather than the old $100 for a second or subsequent failure to pay the minimum wage. (AB 1448 by Assemblyman Dick Floyd, D-Wilmington).

Insurance

Earthquake coverage--Policy-holders who have bought earthquake coverage through a participating California Earthquake Authority company can pay annual premiums in installments. (AB 331 by Assemblywoman Liz Figueroa, D-Fremont).

Agents--An insurance agent 70 or older who has held a license for at least 30 years is exempt from continuing education required of other agents. (SB 380 by Sen. Steve Peace, D-El Cajon).

Drinking, Smoking and Gambling

Furnishing alcohol--The fine for furnishing alcohol to a minor is raised from $250 to $1,000. Judges cannot suspend the fine, and must impose at least 24 hours of community service. (SB 805 by Sen. Dede Alpert, D-Coronado).

Golf courses--Alcohol can be sold from golf carts at any golf course that has a license to sell drinks. (AB 114 by Assemblyman Jim Battin, R-La Quinta).

Liquor licenses--A moratorium that limits off-sale beer and wine licenses to no more than one store per 2,500 population in any county now becomes permanent. The moratorium had been set to end Jan. 1. (AB 849 by Assemblyman Michael Sweeney, D-Hayward).

Tastings--Tastings of distilled spirits are permitted at events sponsored by nonprofit organizations, as has been allowed with beer and wine. A charge of up to $5 a drink would be permitted. (SB 993 by Sen. John Burton, D-San Francisco).

Tobacco crimes--It’s now illegal for youths under age 18 to attempt to purchase cigarettes or other tobacco products. Previously, it was illegal for them to possess tobacco products. (SB 198 by Sen. David Kelley, R-Idyllwild).

Tobacco liability--Tobacco products lose their automatic protection from liability lawsuits charging damage to health. (SB 67 by Sen. Quentin Kopp, I-San Francisco).

Cigarette ads--Advertising cigarettes or other tobacco products on outdoor billboards is banned within 1,000 of schools and playgrounds. Violators can be fined $200 to $6,000. (AB 752 by Assemblywoman Carol Migden, D-San Francisco).

Card rooms--A new state Department of Justice unit is created to more closely monitor the state’s card room industry. (SB 8 by Sen. Bill Lockyer, D-Hayward).