IT’S THE LAW 1987

There is good news for automobile insurance policyholders, consumers in general and people who don’t trust lawyers, but there is bad news for drug pushers, hazardous waste producers and drunk drivers. Taking effect this New Year’s Day are about 1,360 bills passed by the 1986 Democratic-controlled Legislature and signed into law by Republican Gov. George Deukmejian. Here is a sampling of the new laws:

HIGHWAYS

Speeding Trucks--In an effort to crack down on speeding trucks, a limited number (15) of California Highway Patrol cars with civilian paint jobs and CHP emblems on the doors can be used to enforce traffic safety laws. (SB 1873 Seymour (R-Anaheim)).

Bicycle Helmets--Children 4 years of age or younger or weighing less than 40 pounds are required to wear safety helmets when riding as bicycle passengers. (AB 1019 O’Connell (D-Carpinteria)).

Tour Buses--Tour buses must undergo safety inspections every 45 days and bus driver requirements are tightened in response to an accident last May in which 22 Southern California senior citizens were killed when a gambling tour bus plunged into the Walker River. (AB 3262 Katz (D-Sepulveda) and AB 3666 Hayden (D-Santa Monica)).

Driver’s Tests--Beginning July 1, police officers can order drivers whom they deem to be dangerous and physically or mentally impaired to retake the driver’s license test within five working days or face possible license suspension. (AB 2641 Katz (D-Sepulveda)).

DRUNK DRIVING

Teen Drunks--Minors who drive with 0.05% blood alcohol content--one-half of the adult drunk-driving standard--will face a maximum $250 fine. They also will be required to participate in an alcohol abuse education program. (AB 2831 Killea (D-San Diego)).

Ignition Locks--Judges will be allowed to order convicted second-offense drunk drivers to install ignition devices that will prevent them from starting their cars if they have consumed more than about two drinks. The program will operate initially in four counties, yet to be determined. (AB 3939 Farr (D-Carmel)).

Manslaughter--The maximum penalty for gross vehicular manslaughter while intoxicated is increased to 10 years in state prison from the present eight. (AB 2558 Duffy (D-Citrus Heights)).

Alcohol Education--Convicted drunk drivers will have to pay an additional $50 fee to be used for alcohol abuse education classes offered by the schools and community groups. (SB 920 Seymour (R-Anaheim)).

Accident Charges--Drunk drivers who cause traffic accidents can be charged up to $1,000 of the costs of emergency response vehicles and personnel. (SB 1699 Royce (R-Anaheim)).

Vehicle Sales--The court can order the forfeiture and sale of a motor vehicle used by a convicted drunk driver involved in a serious bodily injury accident who has had a similar prior conviction within the past five years. (AB 3962 Sher (D-Palo Alto)).

TOXICS

Notification--Aimed at “midnight dumpers,” all persons who generate, treat, store or dispose of hazardous waste will be required to notify the state of their activities by Jan. 1, 1988, or face a fine of up to $500 per day until the notification is made. (AB 1263 Margolin (D-Los Angeles)).

Fines--The state will have the legal right to order toxic polluters to pay fines for law violations without first having to go to court and to conduct increased on-site inspections to detect possible violations. (SB 2424 Torres (D-Los Angeles)).

Disposal--Dumping of untreated hazardous waste and liquid hazardous waste in landfills will be severely restricted, starting in May, 1990, to encourage development of alternative disposal technologies. (SB 1500 Roberti (D-Los Angeles)).

Facility Planning--Citizens will be able to protest local governmental decisions regarding hazardous waste facilities under a new appeals process. The public is also encouraged to participate in the siting process. (AB 2948 Tanner (D-El Monte)).

Hot Line--A toll-free telephone toxic substances hot line will be available to answer callers’ questions regarding hazardous waste regulations and laws. (SB 571 Roberti (D-Los Angeles)).

Public Records--State and local agencies are required during normal working hours to provide the public access to records of hazardous waste activity. (AB 4019 Katz (D-Sepulveda)).

Risk Precautions--Businesses handling acutely hazardous materials must register with the state and file plans on how to prevent and cope with potential spill accidents. (AB 3777 LaFollette (R-Northridge)).

Water Treatment--False and deceptive advertising practices aimed at selling water treatment devices are prohibited, and all such devices sold in California must meet state requirements. (SB 2361 McCorquodale (D-San Jose) and SB 2119 Torres (D-Los Angeles)).

Air Pollution--The maximum potential penalty for serious industrial violations of the state’s air quality laws is increased from $1,000 to $25,000 per day. (AB 1276 Campbell (D-Richmond)).

Ocean Pollution--A water quality control plan for ocean waters will be prepared by the state and updated every three years to provide increased protection against waste discharge pollution. (AB 3500 Hayden (D-Santa Monica)).

CRIME

Murder--The maximum prison sentence for attempted murder is increased to life imprisonment with the possibility of parole from the current five, seven or nine years. (SB 1668 Presley (D-Riverside)).

Switch-Blade Knives--In an effort to crack down on gang warfare, it is now a misdemeanor offense for anyone to possess a switch-blade knife in the passenger’s or driver’s area of any motor vehicle in any public place. (AB 2985 Elder (D-Long Beach)).

Child Abuse--Any person who falsely accuses another of child abuse with reckless disregard for the truth is liable for damages caused by the false allegation. (AB 3258 Frizzelle (R-Huntington Beach)).

Athletic Recruitment--College alumni or booster club members will face civil penalties if they give money or gifts to high school athletes or their immediate families to try to induce the athlete to enroll in their alma mater or as a reward for an outstanding sports performance. (AB 2753 Brown (D-San Francisco)).

Prostitution--Undercover police can arrest prostitutes for simply agreeing to participate in a sex act and showing a willingness to engage in prostitution even though the original offer was made by the officer. Under the old law, the prostitute had to solicit the officer or actually engage in the sex act before an an arrest could be made. (SB 2169 Roberti (D-Los Angeles))

Poisoning--Persons convicted of terrorizing consumers by poisoning food, drug or water supplies or threatening such actions can be imprisoned for five years and fined $50,000. (SB 1611 Torres (D-Los Angeles)).

Pornography--The legal definition of obscenity is changed for the first time in 25 years in a move designed to make it easier to prosecute and convict smut peddlers. (SB 139 Deddeh (D-Chula Vista).

Parental Liability--Parents will be liable for up to $30,000 damages for any injury or death caused by the discharge of a firearm by a minor under their custody. (SB 611 Greene (D-Los Angeles)).

Drive-by Shootings--In an effort to curb random drive-by shootings by warring gangs, penalties are increased for shooting at homes or automobiles (AB 4006 Floyd ((D-Hawthorne)).

Police Cars--Owning or operating a vehicle equipped with a light bar on top that looks like a local police car is prohibited. The law was sparked by a San Diego pizza parlor that used controversial look-alike police cars to deliver their products. (AB 3362 Peace (D-Chula Vista)).

DRUGS

Crack--The penalty for conviction of possession, sale or use of crack, a base form of cocaine popular with some drug addicts, is increased to five years in state prison from the present three. (SB 1960 Seymour (R-Anaheim)).

Penalties--The maximum prison sentence for convicted drug dealers who provide illegal drugs to children under 14 years of age on school grounds or public playgrounds is increased from seven to nine years. (SB 1805 McCorquodale (D-San Jose)).

Money Laundering--Major drug dealers are discouraged from converting illicit profits into legitimate interest-earning bank accounts because such large cash transactions must be reported to state officials. (SB 1470 McCorquodale (D-San Jose)).

Steroids--It will become a felony offense to illegally distribute anabolic steroids used for body-building purposes. The drugs can cause heart attacks and liver problems. (AB 4029 Condit (D-Ceres)).

Drug Rewards--Up to 5% of the money or property confiscated in drug busts can be given to nonprofit tipster groups who furnish information that leads to the arrest of dealers. (AB 4374 Stirling (R-San Diego)).

PCP--Convicted drug dealers who sell large quantities of phencyclidine (PCP) and methamephetamines can have three to 10 years added to their prison terms. (AB 2362 Condit (D-Ceres)).

Penalty--The minimum penalty for the use of phencyclidine (PCP) is increased to 90 days in jail from the present 30. (AB 2818 Calderon ((D-Alhambra)).

Designer Drugs--Sellers of raw chemicals that can be used to make so-called designer drugs are required to register with the state and receive prior approval for sales. (AB 3977 Katz (D-Sepulveda)).

Drug Education--Convicted drug abusers will have to pay an additional $100 fee to help support school and community group drug abuse education classes. (SB 921 Seymour (R-Anaheim)).

HEALTH

AIDS Vaccine--A $4-million state fund is set up to provide loans to California companies for research on an anti-AIDS vaccine. The state will be repaid and receive royalties from the successful vaccine. (AB 2404 Filante (R-Greenbrae)).

AIDS Information--Couples planning to marry in California will receive informational material on AIDS and other sexual diseases when they apply for their marriage licenses. (SB 1478 Doolittle (R-Citrus Heights)).

AIDS Discrimination--Home buyers will be prohibited from suing real estate agents who fail to disclose to the buyers that a previous occupant suffered from AIDS. (SB 2484 Roberti (D-Los Angeles)).

Drugs--Registered nurses in public health clinics can dispense certain non-narcotic drugs to patients upon the order of a licensed physician. (AB 4372 Isenberg (D-Sacramento)).

PESTICIDES

Health Hazards--Pesticide manufacturers must disclose adverse human health effects of new products or face a prohibition on selling those products within California. (SB 1046 Torres (D-Los Angeles)).

Public Reports--The state director of food and agriculture will be required to make public detailed annual reports of its program that monitors pesticide residue on produce. (SB 1889 Hart (D-Santa Barbara)).

FISH AND GAME

Fishing Licenses--Neophyte anglers can purchase a $5 one-day fishing license to see if they like the sport before having to plunk down $18 for a yearlong permit. (AB 3888 Kelley (R-Hemet)).

Drunken Boaters--It will become unlawful to operate a boat or water skis with a blood alcohol level of 0.10%--the same level that applies to automobile drivers. Persons suspected of such offenses will be required to submit to blood alcohol tests. (SB 1484 Seymour (R-Anaheim)).

Bighorn Sheep--A limited number of these coveted big game animals may be hunted on two mountain ranges located in the California desert area. (AB 3117 Mountjoy (R-Monrovia)).

SCHOOLS

Smoking--High school students are prohibited from smoking on campus or at school-sponsored events such as dances and athletic events. Violations will be grounds for expulsion. (AB 4085 Filante (R-Greenbrae)).

Spanking--Corporal punishment for student disciplinary purposes is outlawed in the public schools. (AB 1617 Farr (D-Carmel)).

Pass-to-Play--Students in grades 7-12 will be required to maintain a C average in order to be eligible for such extracurricular activities as sports, band and drama. (AB 2613 Brown (D-San Francisco)).

Transfers--Parents of elementary school students will be allowed to enroll them in schools located closer to their places of employment under certain conditions. (AB 2071 Allen (R-Cypress)).

Teen Pregnancies--Informational materials designed to help prevent teen pregnancies will be prepared by the state Department of Education and distributed to junior and senior high school districts. (AB 4327 Waters (D-Los Angeles)).

School Construction--School districts will be authorized to impose fees directly on developers to finance construction of school facilities. (AB 2926 Stirling (R-San Diego)).

Religious Retreats--Attendance at religious retreats is added as a justifiable personal reason for an excused absence from school. (AB 2785 Condit (D-Ceres)).

EOP Grants--The maximum Economic Opportunity Program grant for needy state college students is increased from $1,000 to $2,000. (AB 2617 Brown (D-San Francisco)).

Community Colleges--A task force is created to develop a new funding mechanism for community colleges that reimburses them for actual costs rather than on the number of enrolled students. (AB 3409 Hayden (D-Santa Monica)).

INSURANCE

Automobile--Insurance companies are prohibited from increasing the premiums of insured drivers merely because they have been in a traffic accident, if they are found not to be at fault. (SB 1763 Ayala (D-Chino)).

Reduced Rates--Drivers 55 years of age and older will be eligible for reduced auto insurance rates if they satisfactorily complete a state-approved driver education improvement course, starting July 1. (AB 2610 Katz (D-Sepulveda)).

Cancellations--Most midterm cancellations or premium increases on commercial policies are prohibited and a minimum 45-day advance notice is required for non-renewal or coverage changes. (AB 3875 Brown (D-San Francisco)).

Liability--Cities, counties and special districts are allowed to form liability insurance pools to provide coverage up to $25 million. (AB 3554 Hauser (D-Arcata)).

AGRICULTURE

Rural Renaissance--Eight million dollars will go to 41 rural counties to advertise and promote business and tourism for economic development purposes. (SB 2117 Nielsen (R-Rohnert Park)).

Taxes--Farmers will be able to carry over net operating losses of up to $50,000 for any one taxable year to reduce their state tax liability. (SB 55 Mello (D-Watsonville)).

CONSUMER AFFAIRS

Telephone Sales--Telephone sales firms must deliver purchased goods within 30 days or refund the purchase price, substitute other equivalent goods or explain to the customer the reason for the delay. (AB 3076 Frazee (R-Carlsbad)).

Credit Cards--Beginning Oct. 1, companies must fully disclose all related consumer costs, including interest rate charges and membership fees, before issuing credit cards. (AB 3333 Areias (D-Los Banos)).

Utility Turnoffs--Electric and natural gas power utilities will be required to attempt to contact residential customers by telephone or in person at least 24 hours before terminating service. (AB 2721 Moore (D-Los Angeles)).

Interstate Banking--Banks located in other western states can operate in California, and California banks can operate in those states, starting July 1, provided that reciprocal agreements are established. Nationwide reciprocal banking is scheduled to start Jan. 1, 1991. (SB 2300 Robbins (D-Van Nuys) and AB 1492 Calderon (D-Alhambra)).

Bottle Bill--Consumers will receive a 1-cent refund for each empty beer and soft drink container returned to neighborhood recycling centers, starting Oct. 1. (AB 2020 Margolin (D-Los Angeles)).

Repair Estimates--Appliance and electronics service repair dealers must provide written estimates for repairs and installations to customers. (AB 3394 Frazee (R-Carlsbad)).

Lists--Telephone companies are prohibited from releasing personal information on residential customers without their prior written consent. (AB 3382 Moore (D-Los Angeles)).

VETERANS

Vietnam--A total of $116,000 is appropriated to locate and counsel Vietnam veterans who suffer from post-traumatic stress and alcohol and drug abuse problems in the Los Angeles and San Francisco areas. (AB 4222 Chacon (D-San Diego)).

Student Fees--Community colleges are required to waive the $50 per semester fee for children or dependents of disabled veterans. (AB 357 Clute (D-Riverside)).

CHILDREN

Child Support--Payroll deductions for child support will be required by divorce court judges unless the supporting parent can show good cause why the deduction should not be made. (SB 1751 Hart (D-Santa Barbara)).

Adoptions--Adoption agencies will be required to fingerprint prospective adoptive parents, run a criminal record check and consider any prior illegal activity. (AB 4272 Bronzan (D-Fresno)).

Child Care--Parents are allowed to check on criminal backgrounds of unlicensed child-care providers with the attorney general’s office under a five-county pilot program, starting July 1. (AB 3608 Agnos (D-San Francisco)).

MISCELLANEOUS

Apartheid--The state will phase out all investments in companies doing business in South Africa over the next four years to protest that country’s apartheid policy and make no new investments in such companies in the future. (AB 134 Waters (D-Los Angeles)).

Self-Esteem--A task force will be created at a cost of $245,000 to study how state government can help people increase their self-esteem. Its aim is to reduce violence, crime, drug abuse and child abuse. (AB 3659 Vasconcellos (D-Santa Clara)).

Whistle Blowers--Fines of up to $10,000 and/or up to one year in jail can be imposed on state and local government officials who threaten or punish employees who expose waste, wrongdoing or public health hazards. (AB 1916 Stirling (R-San Diego)).

Dry Cleaners--The Board of Dry Cleaning and Fabric Care will become the first state licensing agency ever created by the Legislature to be abolished. But dry cleaning plants still must register with the Bureau of Home Furnishings. (AB 173 Johnson (R-La Habra)).

Involuntary Commitment--A face-to-face evaluation by a mental health professional will be required before an individual can be involuntarily committed to a psychiatric care facility. This law was sparked by a case in which a husband had his wife committed by a psychiatrist who had never met or talked to her. (SB 544 McCorquodale (D-San Jose)).

Sterilization--Guardians of developmentally disabled adults, under certain conditions, can file a petition with the courts requesting sterilization of their charges without their consent. (AB 3900 Klehs (D-San Leandro)).

Discrimination--The time period for filing job discrimination complaints with the Fair Employment Practices Commission is extended from 30 days to one year after the alleged incident. (AB 3481 Harris (D-Oakland)).

Snuff--Free samples of snuff may not be given to minors near schools and other buildings designed primarily for youth activities. (AB 4214 Filante (R-Greenbrae)).

Earthquakes--A study will be conducted to identify buildings located in the most active earthquake fault zones that are deemed to be unsafe and to make recommendations for structural improvements. (SB 547 Alquist (D-San Jose)).

Disabled--It will be a crime punishable by a fine of up to $250 to prevent a blind, deaf or physically disabled person accompanied by a guide dog from entering any public place. (AB 3636 Bradley (R-San Marcos)).

Employee Inventions--Employees are granted the right to maintain ownership of inventions that were developed on their own time and with their own resources--unless the inventions are related to their employment. (SB 441 Lockyer (D-Hayward)).

GOVERNMENT, POLITICS

Payments--State agencies will be required to pay private business firms with whom they contract for goods or services within 50 days after the postmark date of the invoice. (AB 2744 Rogers (R-Bakersfield)).

Local Meetings--Local legislative bodies will be required, 72 hours in advance, to post written detailed agendas of items of business to be discussed. Citizens can file lawsuits to negate action taken on non-agenda items. This law was sparked by a Los Angeles City Council vote granting its members a pay raise that was later thrown out by the courts. (AB 2674 Connelly (D-Sacramento)).

Conflict of Interest--State administrative officials are prohibited from participating in governmental decisions regarding state contracts if they or their immediate families have engaged in business transactions with the contractor. (SB 2136 Boatwright (D-Concord)).

Legislative Benefits--Members of the Legislature are granted the same state-paid health and dental care insurance coverage available to other state employees. (AB 368 Brown (D-San Francisco)).

Salaries--The governor’s salary will increase from $49,100 to $85,000 a year, starting Jan. 5. The attorney general’s salary will rise from $47,500 to $77,500 annually. The salaries of the lieutenant governor, controller, treasurer, secretary of state, and state superintendent of public instruction will go from $42,500 to $72,500 a year. (AB 2187 Papan (D-Millbrae of the 1983 session)).

ELECTIONS

Hit Pieces--Legislative campaign committees formed during the last 10 days before an election will have to file an organization statement within 24 hours to help identify those that mail out last-minute so-called hit pieces. (AB 3615 Johnson (R-La Habra)).

FPPC--Members of the Fair Political Practices Commission, the state’s watchdog agency on campaign contributions, are prohibited from running for office during the term of their appointments. This law came about after Dan Stanford, former FPPC chairman, ran unsuccessfully for the GOP nomination for state controller last year. (SB 2541 Hart (D-Santa Barbara)).

HOUSING

Elderly--The California Housing Authority will allocate $50 million in revenue bonds for rehabilitation or construction of housing for senior citizens and the handicapped. (SB 2297 Greene (D-Carmichael)).

Mobile Homes--Park owners are required to provide prior written notice to resident organizations within 10 to 30 days before mobile home parks are put up for sale. The purpose is to allow residents to make an offer. (SB 1769 Craven (R-Oceanside)).

Real Estate--To prevent possible fraud, brokers and salespersons must disclose who they represent to both purchasers and sellers in real estate transactions. (AB 1034 Connelly (D-Sacramento)).

Rent Skimming--Civil and criminal penalties are established for the new crime of rent skimming--the fraudulent practice of buying property with the intent of collecting rent on it without making the mortgage payments. (SB 1856 Seymour (R-Anaheim)).

SENIOR CITIZENS

Abuse--State agencies can legally share confidential information regarding abused senior citizens, such as hospital records, to prevent possible recurrences. (AB 3716 Statham (R-Oak Run)).

Medication--A special legislative task force is set up to assess the effectiveness of a proposed education program designed to prevent misuse of drugs by the elderly. (AB 4036 Filante (R-Greenbrae)).

Honors--The governor annually will present awards to outstanding senior citizens for their contributions in the fields of community service, education and the arts. (SB 2053 Marks (D-San Francisco).

LAWYERS

Fees--Attorneys will be required to provide clients with a written agreement setting down basic fees for legal services if the work is estimated to cost more than $1,000. (SB 1569 Presley (D-Riverside)).

Discipline--An independent monitor will be hired to check the progress of the California State Bar on lawyer discipline cases and report to the Legislature every four months. (SB 1543 Presley (D-Riverside)).

MUSEUMS

Latino Museum--A $50,000 appropriation is made to study development of a Latino heritage museum to be located in the Southern California area. (AB 2599 Calderon (D-Alhambra)).

Living Museum--The National Audubon Society will receive a $400,000 state grant to help build a “living museum” at Ballona Creek near Marina del Rey. (AB 3253 Moore (D-Los Angeles)).