A New Year, a New Season of State Law

The new year promises trouble for bike riders who like cycling to the sounds of rock music over radio headsets, for hot tubbers counting on a big tax break for their high-tech solar covers and for condominiiumm dwellers who don’t like rules adopted by their neighbors. It’s also bound to be more pleasant for lovers of museums and alcohol-laden candy and for working parents who need affordable child care. Here’s a look at some of the 1,607 new laws taking effect today:

TRANSPORTATION

Seat Belts--Motorists must use their seat belts or face fines of $20 on first offense and up to $50 for subsequent violations. Auto makers also must install automatic crash devices such as air bags on new cars sold in California beginning in 1989. Some delivery trucks and people with physical disabilities are exempt.

Potholes--California’s deteriorating streets and highways will receive $340 million for repair of potholes. A proposed gas tax increase for a much larger highway restoration project was rejected.

Radios--Bicycle riders are prohibited from wearing radio headsets while cycling on public roads. The fine is $20 to $25, depending on the county.

Registration--Owners of unregistered motor vehicles face stiffer fines after a one-time, three-month amnesty period during which they can pay back fees without penalty. The amnesty period begins today (Jan 1).

Motorcycles--Motorcycle owners must pay a $2 annual registration surcharge to finance a California Highway Patrol motorcycle safety program.

Highriders--Drivers of “high-rider” trucks and cars, specially modified to create an exessively high center of gravity, can be ticketed by law enforcement officers.

Insure--Motorists involved in traffic accidents that are not their fault are protected from insurance rate increases or policy cancellations by a prohibition against sale by the state of accident information to insurance companies.

Phones--People who eavesdrop on automobile telephone conversations or sell electronic eavesdropping equipment to do so can be charged with a misdemeanor.

Smog--Owners of diesel-powered vehicles, now exempt from state-required smog checks, will be included in the smog check program as soon as the technology becomes available, probably early this year.

Towing--Towing companies called to remove a vehicle from private property may charge no more than $20 if the owner returns before the vehicle is removed. In the event the vehicle is towed, owners cannot be billed more than that charged to police departments. Firms exceeding the limit are liable for four times the overcharge.

Licenses--Vehicle owners must pay an additional $1 for reflectorized license plates that are required beginning in 1987. Reflectorized plates are now optional for a $5 additional fee.

Buses--Public transit users face fines up to $250 for infractions such as evasion of fares, misuse of transfers and loud playing of radios or tape recorders. The previous maximum fine was $50.

CHILDREN

Latchkey--Children of working parents, often referred to as “latchkey children,” are eligible for state-supported afterschool care under a new $30-million program.

Fingerprints--All elementary schools are required to offer voluntary fingerprinting of students to help parents find lost or stolen children.

Kidnap--Those convicted of kidnaping children under age 14 face an additional sentence of five years in state prison if their intent was to keep the children permanently.

Lewd--Probation will be denied to most offenders convicted of using obscene material while committing lewd acts with children.

Visits--Parents or guardians are allowed to make unannounced visits to childcare facilities where their children are being taken care of during normal working hours.

CHILD ABUSE

Testimony--Judges may allow certain child abuse victims and witnesses to testify outside the courtroom via two-way, closed-circuit television. The law was sparked by the McMartin Preschool molestation case in Manhattan Beach.

Court--A variety of relaxed courtroom procedures may be ordered to make it less threatening for children to testify in child abuse cases. Judges may dress in street clothes, the young witnesses may be given more frequent breaks and may be accompanied in the courtroom by up to two support persons.

Counselors--Social workers and state-licensed marriage, family and child conselors must be trained in child abuse assessment and reporting beginning Jan. 1, 1987.

Records--State officials may review records of the state’s child abuse central registry before granting a license to anyone seeking to care for children.

EDUCATION

Morality--All state-adopted grade school books are required to stress the principles of morality, truth, justice and patriotism.

Economics--High school students must pass a one-semester course in economics in order to graduate beginning in the 1988-89 school year.

Dropouts--Potential high school dropouts will be identified and counseled under a $3.1-million program designed to keep them in school.

Pregnancy--High school students who are pregnant or nursing may qualify for more nutritional school breakfasts or lunches under a $300,000 program.

Genocide--Human rights, including the subject of genocide, must be taught in history and social studies courses in grades seven through 12.

DRUNK DRIVING

Loss of License--Drunk drivers who have been convicted in the previous five years of vehicular manslaughter and are involved in a traffic accident while registering a blood alcohol content of at least .10% face suspension or revocation of their driver licenses.

Driver Education--High school driver education courses must include information on the dangers of using alcohol or drugs before driving.

Reimbursement--Those operating automobiles, boats or airplanes while under the influence of alcohol or drugs may be charged for the cost of emergency crews responding to accidents in which they are involved.

Sobriety Test--Convicted drunk drivers who refuse to take a chemical sobriety test when they are stopped face a minimum 48-hour jail sentence.

Jail--Repeat drunk driving offenders must serve at least 48 hours in jail or provide 10 days of community service.

Suspension--Drunk drivers convicted for a second time within five years may have their licenses suspended for up to 18 months. The previous maximum suspension was one year.

Blood--Judges may consider the level of alcohol in the blood of a convicted drunk driver in determining the length of sentence and the amount of fine.

HEALTH

AIDS Test--Members of high risk groups concerned about their exposure to the AIDS virus can be tested at special test centers where their identities are kept confidential. Disclosure of confidential information about persons involved in AIDS research can bring civil and criminal penalties.

AIDS Money--An additional $5 million will be provided for AIDS research, education and treatment programs.

Sulfites--Restaurants are barred from using sulfite food freshners that have been blamed for serious alergic reactions in some people. Sulfites are commonly used in salad bars to keep fruits and vegetables from turning brown.

Cheese--Soft cheese manufacturers are subject to stricter state inspection and stiffer penalties for contamination in response to last year’s listeriosis epidemic traced to Mexican-style cheese.

Cancer--A statewide cancer registry has been established to pinpoint locations and causes of cancer. Physicians filling out death certificates are required to note the existence of cancers and to provide information to the registry.

RELIGION

Kosher--Sellers of fresh meat and poultry advertised as kosher must keep records for one year to assure that the products actually are kosher and make the accounting available for state inspection.

Sabbath--Employees must be given time off to observe the sabbath and other holy days unless doing so means an undue hardship for employers.

CRIME Checks--Bad check writers may make full restitution and enter a diversion program instead of going to jail at the option of the district attorney. The program operates ???? in seven counties, including Los Angeles.

Return--Violent felons are prohibited from returning to the scene of their crimes. The law stems from the case of Theodore Streleski, a former Stanford University student who was convicted of slaying a professor and would not promise to stay away from the campus.

Fingerprints--Local law enforcement officials may access the state’s computerized fingerprint filing system that helped to quickly identify Richard Ramirez, the “night stalker” murder suspect.

Liability--Criminals may not sue property owners for injuries they sustain while committing crimes.

Rape--Rape victims and parents of sexually abused children may have their identities withheld from crime reports.

Threats--Violent offenders who threaten witnesses or victims may be charged either with a felony or a misdemeanor. Previously they could be subject to misdemeanor charges only.

Bail--Defendants in felony cases who jump bail can be charged with a felony instead of a misdemeanor.

Abortion--Bombing or burning abortion clinics or anti-abortion clinics is a felony offense.

Prisons--The Department of Corrections will add space for 5,000 new state convicts under a $78-million emergency prison construction program. Existing prisons are seriously overcrowded.

Violence--Repeat offenders face additional two-year prison terms if they commit violent crimes against elderly, blind or disabled persons.

Guns--Minors under 16 years are prohibited from owning stun guns, which use an electrical charge to immobilize a victim. Parental permission is needed for those aged 16 and 17.

Mentally Ill--Severely mentally ill prisoners convicted of violent crimes may be kept in state hospitals after their release dates with approval of mental health professionals.

Sex Offenses--Those suspected of sex offenses against mentally or physically disabled persons can be charged with a felony instead of a misdemeanor.

Pornography--Second and subsequent violations of pornography laws will bring fines up to $50,000 in addition to imprisonment.

Arson--A state task force must investigate the problem of juvenile arson and make recommendations to the Legislature by Jan. 1, 1987.

Juveniles--Violent juvenile sex offenders must register with local police upon release from custody, just as adult sex offenders are required to do.

TAXES

Solar--Taxpayers will lose $125 million in income tax deductions under the state’s solar and energy conservation program. Deductions are reduced by an average of 50%.

Proposition 13--Cities and counties are permanently barred from raising property taxes to pay for such expenses as public employee pension funds. Some local governments had been doing so by using a loophole in the property tax-cutting Proposition 13 of 1978.

ALCOHOL AND DRUGS

Candy--Candymakers, previously barred from producing products with an alcohol content of more than 0.5%, may manufacture candy that has up to 5% alcohol. Sales to minors are prohibited.

Mini-bars--Hotels and motels are allowed to sell alcoholic beverages to their guests from small room liquor cabinets. Previously they could be purchased through room service only.

Designer--So-called designer drugs, custom-made by chemists to get around specific drug laws, are illegal to manufacture, distribute or use.

Cocaine--Drug dealers convicted of selling two ounces or more of cocaine face mandatory prison sentences. Judges also may give stiffer sentences to convicts based on the weight of the drugs they sell.

Mushrooms--The growth and sale of spores of so-called magic mushrooms, which are potent hallucinogens, is prohibited. Previous law made it illegal to grow or sell the mushrooms.

Marijuana--The war against marijuana in Humboldt, Mendocino and Trinity counties, where much of the state’s illegal crop is grown, will be stepped up with an additional $2.9-million appropriation.

Rock House--Landlords receiving excessive profits for allowing their property to be fortified for the use of drug dealers can be charged with a felony.

ELDERLY

Nursing Homes--Those found to be abusing or neglecting patients in the state’s 1,200 nursing homes face stiff penalties and fines. Nursing homes that care for Medi-Cal patients also will receive more money for staffing.

Strokes--Needy or disabled patients recovering from strokes and receiving in-home medical care are eligible for Medi-Cal coverage. Previously coverage was at the discretion of the Department of Health Services.

Centers--Senior centers will receive $3.5 million from the proceeds of a $50-million voter-approved bond issue.

FISH AND GAME

Licenses--The state’s basic sport fishing license fee is $18, up from $15.75 last year. Basic hunting licenses cost $18, up from $16. The fees help support the Department of Fish and Game.

Poaching--The penalty for poaching game animals and birds is doubled to $2,000 and/or one year in jail. jail term doubled too??

Investigate--Commercial poachers will be hunted down by two roving undercover investigative units of the Department of Fish and Game.

CONSUMERS

PUC--The Public Utilities Commission must maintain an advocacy unit to represent the interests of utility customers in hearings on rate increase applications.

Solicitation--Operators of telephone sales solicitation firms, commonly known as boiler rooms, must register with the Department of Justice.

Credit--Retailers are prohibited from imposing surcharges on consumer credit card purchases. They are not barred, however, from offering cash discounts.

Water--Renters may not be denied water service for refusing to pay for the overdue water bills of tenants who once occupied their units.

Charges--The maximum interest rate for department store charge cards will remain at 19.2% until Jan. 1, 1988. The rate was to have dropped to 18% this year.

Contracts--Home improvement contracts can be voided if home owners are unable to obtain financing for them as specified in sales agreements.

Calls--Telephone customers may, for a $5 charge, have 976-prefix service rendered inaccessible. The service provides sexually explicit messages, entertertainment, news, astrology and sports information for a fee that is automatically added to phone bills.

POVERTY

Workfare--In a major overhaul of the state welfare system to be phased in over five years, able-bodied mothers with children over 6 years old are required to go to school, enroll in state-sponsored job training or perform public service work as a condition of collecting welfare benefits.

Homeless--As a partial answer to the lack of local programs for street people, $20 million is being distrubuted among California counties to provide food, shelter, clothing and income stipends for the state’s homeless mentally ill.

HOUSING

Rent Control--Owners of rental housing cannot be forced to continue renting their property against their will. The law takes effect July 1 and was inspired by a Santa Monica case in which a landlord was blocked from tearing down his apartment building.

Mobile Homes--The annual registration fee on mobilehomes is raised to $16 from $11. The additional $5 will help provide loans for mobile home park residents who wish to purchase their parks.

Vets--An $850-million bond issue for Cal-Vet home and farm loans will appear on the June 6 primary ballot.

Affordable--A minimum of $20 million yearly will be set aside from tidelands oil revenue to finance low income housing.

Condos--The power of homeowner associations to enforce condominium rules is expanded, allowing associations to mediate disputes among dwellers and to file suit over interior conditions of units if they contribute to damage of the common areas of a complex.

Slide--Rancho Palos Verdes will receive $2 million from an expected tidelands oil settlement to help control the Portugese Bend landslide that destroyed dozens of homes and threatens others.

MUSEUM

Tolerance--The Simon Wiesenthal Center in West Los Angeles will receive $5 million to help build a museum of tolerance. The total cost is estimated at $20 million.

Japanese--$750,000 has been set aside for a Japanese-American museum in downtown Los Angeles’ Little Tokyo district to supplement $1 million expected from the city of Los Angeles.

Hollywood--A non-profit group planning a Hollywood exposition and entertainment museum will receive $785,000 toward the project.

POLITICS AND GOVERNMENT

Closed Meetings--Private citizens and groups can go to court to have actions of state agencies and departments overturned if the actions are taken in closed meetings or are not listed on agendas published 10 days in advance.

PACs--Political Action Committees are barred from using euphemistic names such as Good Government Committee when soliciting campaign contributions.

Salaries--State lawmakers will receive $37,105 yearly beginning in December, up from $33,732.

Marina--A cityhood drive in Marina Del Rey is more difficult as the result of roadblocks to incorporation that go into effect whereever 50% or more of the land is publicly owned. The marina is on property owned by Los Angeles County.

TOXICS

Cleanup--Proceeds from a $100-million voter-approved bond issue will go to clean hazardous waste dumps and major spills throughout the state.

Stringfellow--An additional $22.5 million will be spent to halt the spread of contamination at the Stringfellow Acid Pits in Riverside County.

Emergency--Companies that fail to immediately notify emergency crews in the event of a toxic spill face fines up to $25,000.

Spraying--Courts no longer may consider the public health consequences of toxic pesticide use in legal challenges to state pest eradication programs. The Department of Food and Agriculture sought the court limits as the result of a successful challenge to a pest eradication program in Northern California.

Shreddings--Waste from shredded cars has been reclassified as nonhazardous to allow its disposal in landfills. Landfill operators, however, can refuse to accept the waste.

Transport--The safety risks of transporting hazardous materials in urban areas during commuting hours will be studied by the Highway Patrol which must make recommendations to the Legislature by Jan. 1, 1987.

Water--Pesticides with potential for polluting ground water will be subject to greater scrutiny under a state program that will monitor their use and bar application wherever high concentrations are found.

AGRICULTURE

Watermelons--Farmers, shippers, wholesalers and retailers who lost money last July when the state ordered the destruction of pesticide-tainted watermelons may apply for state compensation. Farm workers who lost jobs will not be compensated.

Pesticides--Farmers who willfully misuse pesticides face stiffer criminal and civil penalties. Offenders can be fined up to $50,000 and jailed if the intentional violation poses a hazard to public health or the environment.

COURTS

Costs--Counties may shift the cost of trial courts to the state if county officials agree to modifications that make the courts more cost efficient.

Limits--Municipal and justice courts that previously were limited to civil awards of up to $15,000 now may award damages up to $25,000.

MISCELLANEOUS

Japanese--A 43-year-old state law used to fire state employees of Japanese ancestry during World War II following the attack on Pearl Harbor is repealed.

Stepparents--The governor is required to annually proclaim the first Sunday in October as “Stepparents Day.”

Mountains--The Santa Monica Mountains Conservancy, a group dedicated to protecting the remaining open space for park use, will remain active until July 1, 1990. It was to have been disbanded on July 1, 1986.

Methane--A study of abandoned oil and gas wells in Los Angeles will be conducted to determine which have accumulated methane gas and to recommend ways to remove it. The law was sparked by a Fairfax district well leak explosion last year in which 22 people were injured.

Ashes--Firms and individuals that dispose of ashes of cremated bodies must be licensed and regulated by the state.

Lottery--A notice must appear on state lottery tickets and vending machines declaring that it is illegal for those under 18 years of age to buy tickets or collect prizes.

Vets--Planning for a second veterans home in Southern California will take place under a $300,000 appropriation.

Divorce--Divorce courts may set up trusts to continue support payments to a surviving spouse after the other’s death.

Gem--The rare blue benitoite, found only San Benito County, is designated as the state’s official gemstone.

Earthquakes--An earthquake prediction system and response plan must be developed by the state under a $1.1-million appropriation.