State Laws ’88

There’s good news for people looking for relief from traffic jams or concerned about increasing crime, but there’s bad news for people who smoke on airplanes or let their dog ride in the open bed of their pickup truck.

Taking effect this New Year’s Day are many of the 1,504 bills passed by the Legislature in 1987 and signed into law by Gov. George Deukmejian. Here’s a sampling of some of the new laws and what they do:

TRANSPORTATION

Gridlock--Cities can impose stiff fines ranging from $50 to $500 on motorists who block traffic because they enter intersections on a green light but become trapped when the light turns red. (AB 667 by Assemblyman Richard Katz (D-Sepulveda)).

Toll Roads--Traffic-choked Orange County will be permitted to build the state’s first public toll roads. The idea is to obtain less-crowded parallel routes to existing full freeways that motorists can choose to use as an alternative--if they want to pay for it. (SB 1413 by Sen. John Seymour (R-Anaheim)).

Truck Traffic--State officials will conduct a study and make recommendations on how to reduce the number of large trucks now using urban freeways during heavy commute hours. (AB 1257 by Assemblyman Richard Polanco (D-Los Angeles)).

Highway Maintenance--In response to motorists’ rising blood pressures, the state will look into the feasibility of requiring highway maintenance work to be done during low-volume traffic hours to reduce congestion and delays. (SB 1518 by Sen. John Seymour (R-Anaheim)).

Tax--Counties will be allowed to ask voters to increase local sales taxes up to 1 cent to finance road improvements or transit projects. Los Angeles County, which already imposes an additional half-cent sales tax, will be allowed to seek another half-cent increase. (SB 142 by Sen. Wadie P. Deddeh (D-Chula Vista)).

Speeding Trucks--In an effort to crack down on speeding trucks, the maximum fine for offenders is increased from $200 to $300 for second or subsequent court convictions. (SB 556 by Sen. John Seymour (R-Anaheim)).

High-Speed Train--A special state commisssion will be created to study the feasibility of constructing and operating a “gamblers’ special” high-speed train between Southern California and Las Vegas. The governor allowed this bill to become law without his signature. (AB 1839 by Assemblyman Richard Katz (D-Sepulveda)).

DRUNK DRIVING

Rehabilitation--Judges are authorized to order three-time convicted drunk drivers to attend an intensive 30-month alcohol rehabilitation program at their own expense. (SB 1365 by Sen. John Seymour (R-Anaheim)).

Teen-agers--Convicted teen-age drunk drivers can be ordered to visit a hospital emergency treatment room, the morgue, or a chronic alcoholism treatment program to show them what traffic accidents caused by drunk drivers can do. (AB 1400 by Assemblyman William P. Duplissea (R-San Carlos)).

Airplanes--Pilots can be charged with a misdemeanor offense if they operate an aircraft in California with a blood alcohol content of .04% or more. The state’s driving-under-the-influence legal limit for motorists is .10%. (AB 933 by Assemblyman Gerald R. Eaves (D-Rialto)).

DRUGS

Penalties--An additional 15-year prison term can be imposed on major drug dealers convicted of the sale of more than 100 pounds of heroin or cocaine. (AB 1972 by Assemblyman Gary A. Condit (D-Ceres)).

Rehabilitation--Employers are required to permit employees who wish to participate in drug rehabilitation programs to take the necessary time off if it does not impose an undue work hardship. Alcohol rehabilitation programs already were covered under an old law. (AB 397 by Assemblyman Jack O’Connell (D-Carpinteria)).

CRIME

Hate Crimes--Penalties are increased for so-called “hate crimes” committed because of a victim’s race, color, religion, ancestry, national origin or sexual orientation. (AB 63 by Assemblyman Tom Bane (D-Tarzana)).

Freeway Shooters--As an outgrowth of last summer’s freeway shooting epidemic in Southern California, it will be a felony offense for anyone to threaten an automobile driver or passenger with a firearm on a public road. (AB 2625 by Assemblyman Dave Elder (D-Long Beach)).

Mayhem--Because of the public furor surrounding the Lawrence Singleton case, a new crime of aggravated mayhem, punishable by life imprisonment, is created for cases in which a victim is permanently disabled or disfigured by an attacker. Singleton was paroled last April after serving eight years in prison for raping a teen-age girl and hacking off her forearms. (SB 589 by Sen. Ken Maddy (R-Fresno)).

Toy Guns--It becomes a specific misdemeanor offense to point a toy gun at another person in a threatening manner. This law is designed to deal with incidents such as a recent case in which Los Angeles television personality David Horowitz was forced to read a statement on the air by an intruder who turned out to be armed with a toy gun. (AB 295 by Assemblyman Curtis R. Tucker (D-Inglewood)).

Child Prostitution--Adults convicted of repeated sex offenses involving children can be fined up to $20,000 in addition to their prison sentence. (AB 1826 by Assemblywoman Cathie Wright (R-Simi Valley)).

Dogfighting--Sparked in part by adverse publicity regarding injuries caused by pit bulls, the potential penalty for the felony crime of dogfighting is increased to a $50,000 fine and a state prison term of up to three years. (SB 1623 by Senate President Pro Tem David A. Roberti (D-Los Angeles)).

Murder--The penalty for solictation of murder is increased from two, four or six years to three, six or nine years in state prison. (SB 736 by Sen. Daniel E. Boatwright (D-Concord)).

Abuse--Counseling is required for anyone convicted of spousal or child abuse who is granted probation by the court. (AB 1031 by Assemblyman Larry Stirling (R-San Diego)).

Child Felonies--Adults convicted of the new crime of inducing children to commit a felony can be sentenced to up to seven years in state prison. This statute is nicknamed the “Use a Kid--Go to Prison” law. (SB 1053 by Sen. John Seymour (R-Anaheim)).

Littering--Persons convicted of first-offense littering can be fined $100 instead of only $20. The maximum fine is set at $1,000. Judges also can order offenders to pick up litter along the roadside for eight hours as part of their sentence. (AB 480 by Assemblyman Tom McClintock (R-Thousand Oaks)).

Peace Officers--The maximum penalty for conviction of the second-degree murder of a peace officer is increased from 15 to 25 years in state prison with no time off for good behavior--if the voters agree to such a move on the June primary election ballot. (SB 402 by Sen. Robert Presley (D-Riverside)).

Child Molestation--Convicted child molesters are required to undergo counseling as a condition of probation. (AB 2441 by Assemblyman Charles W. Quackenbush (R-Saratoga)).

Counseling--A foster grandparents program will be established to counsel youngsters under 18 years of age who are charged with misdemeanor offenses. (AB 211 by Assemblyman Norm Waters (D-Plymouth)).

Arsonists--The reward for information leading to the conviction of an arsonist is increased from $5,000 to $10,000 if the fire causes substantial property damage. (AB 942 by Assemblywoman Bev Hansen (R-Santa Rosa)).

AIDS

Blood--In response to fears about contracting AIDS from blood transfusions, a blood donor can specify the recipient of his or her donated blood if approved by a physician. (SB 1008 by Sen. John Doolittle (R-Rocklin)).

Inform--Physicians are allowed to inform the spouse of an AIDS patient that the patient has the disease after necessary testing is completed. (AB 250 by Assemblywoman Teresa P. Hughes (D-Los Angeles)).

Marriage--Doctors are required to offer a test for AIDS to all applicants for marriage licenses. (SB 1001 by Sen. John Doolittle (R-Rocklin)).

Research--Health officials can conduct AIDS tests on cadavers when the body parts are being donated to someone else. Doctors also can conduct general annoymous AIDS blood tests for research purposes without the subjects’ permission. (SB 942 by Sen. John Seymour (R-Anaheim)).

HEALTH

Smoking--Passengers are prohibited from smoking on airline trips that begin and end in California and on all bus and train trips within the state. Airports and public transit stations are required to set aside at least 75% of the space in waiting rooms for nonsmoking passengers. A first offense violation is an infraction calling for up to a $100 fine. (SB 1067 by Sen. Nicholas C. Petris (D-Oakland)).

Hysterectomies--Doctors are required to obtain verbal and written informed consent from women before performing hysterectomies in non-life-threatening situations. (SB 835 by Sen. Diane Watson (D-Los Angeles)).

Alzheimer’s Disease--Taxpayers can contribute to research into Alzheimer’s disease by designating an amount to be deducted from their state income tax refunds. (AB 1865 by Assemblyman William J. Filante (R-Greenbrae)).

Mammograms--Most health care plans are required to pay for mammograms used to detect breast cancer in women. (AB 1305 by Assemblyman Dominic L. Cortese (D-San Jose)).

Patient Dumping--Penalties are increased for the inappropriate transfer of emergency patients between hospitals. The state also can fine doctors and hospitals for failure to provide necessary emergency medical care for the poor. (AB 214 by Assemblyman Burt Margolin (D-Los Angeles) and SB 12 by Sen. Ken Maddy (R-Fresno)).

AGRICULTURE

Imported Foods--Monitoring of imported foods by the state will begin to determine the extent to which they may or may not contain contaminants that pose human health hazards. (AB 78 by Assemblyman Bill Jones (R-Fresno)).

SCHOOLS

Attendance--Community college students will be able to attend the school of their choice, regardless of the district in which they reside. (AB 2061 by Assemblyman Tom Hayden (D-Santa Monica) and SB 1416 by Sen. Robert G. Beverly (R-Manhattan Beach)).

Fees--A $50 per semester fee for students who take 10 units or more at community colleges is extended until Jan. 1, 1992. Students who take less than 10 units will pay $5 per unit. (AB 2336 by Assemblyman Patrick Johnston (D-Stockton)).

Teen-age Sex--A videotape to be shown to teen-agers in grades 7-12 that carries the message “It’s OK to Say No to Sex” will be developed by state school officials. (AB 2170 by Assemblywoman Teresa P. Hughes (D-Los Angeles)).

Japanese - Americans-- Another film will be developed by school officials to be shown to students regarding the impact of the Japanese-American internment during World War II and the Armenian genocide of 1915. (AB 1375 by Assemblyman Mike Roos (D-Los Angeles)).

Human Corps--University of California and state college students will be encouraged to get involved in community volunteer public service to earn college credits. (AB 1820 by Assemblyman John Vasconcellos (D-Santa Clara)).

Year-Round Schools--Five elementary schools throughout the state will be selected for a five-year pilot year-round school program to determine the advantages and disadvantages of such a system. (AB 1650 by Assemblyman Phillip Isenberg (D-Sacramento)).

Earthquake Safety--Schools no longer can use leased pupil-occupied classroom facilities that don’t meet state earthquake safety standards after Sept. 1, 1990. (AB 733 by Assemblywoman Teresa P. Hughes (D-Los Angeles)).

CONSUMER AFFAIRS

Lemon Autos--State officials will set up a monitoring program to ensure proper functioning of automobile manufacturer-run arbitration programs that deal with complaints filed by “lemon auto” new car purchasers, starting July 1. (AB 2057 by Assemblywoman Sally Tanner (D-El Monte)).

Auto Repairs--Automobile insurance agents are prohibited from taking kickbacks from auto repair shops in exchange for accident business referrals. (AB 642 by Assemblyman Lloyd G. Connelly (D-Sacramento)).

Light Trucks--Dealers must affix stickers to new, light trucks to inform potential purchasers of the make, model, manufacturer’s suggested retail price, and additional accessory prices, starting Sept. 1. (AB 1326 by Assemblywoman Delaine Eastin (D-Union City)).

WATER

Hetch Hetchy--The wisdom of tearing down O’Shaughnessy Dam that forms Hetch Hetchy Reservoir in Yosemite National Park and letting the valley return to its natural state, as suggested by U.S. Interior Secretary Donald P. Hodel, will be the subject of a state study. The reservoir provides water for 2 million San Francisco Bay Area residents. (AB 645 by Assemblyman Jim Costa (D-Fresno)).

VETERANS

Vietnam Memorial--State income tax refund deductions may be earmarked to help build a Vietnam Memorial in Capitol Park. (AB 992 by Assemblyman Thomas M. Hannigan (D-Fairfield)).

CHILDREN

Child Support--A single parent is allowed to seek the collection of overdue child support payments for five years after the dependent child reaches the age of 18 for amounts that are not more than 10 years overdue. (SB 1380 by Sen. Daniel E. Boatwright (D-Concord)).

Minors--The maximum fine for illegal employment of minors is increased from $500 to $1,000. (AB 622 by Assemblyman Richard E. Floyd (D-Hawthorne)).

ALCOHOL

Purchases--Young persons under 21 years of age who attempt to purchase alcoholic beverages can be charged with an infraction punishable by a fine of up to $100. Second and subsequent offenses call for fines of up to $250 and/or up to 36 hours of community service work. (SB 764 by Sen. Newton R. Russell (R-Glendale)).

Sales--Cities and counties are prohibited from enacting blanket bans on concurrent sale of alcoholic beverages and gasoline from the same stores, but they retain authority to prohibit sales on a case-by-case basis. (AB 937 by Assemblyman Gary A. Condit (D-Ceres)).

TAXES

Conformity--The state income tax system is revised to align it more closely with the new federal tax law beginning with 1987 earnings. The move is expected to reduce taxes for an estimated 70% of the state’s taxpayers. (AB 53 by Assemblyman Johan Klehs (D-San Leandro) and SB 572 by Sen. John Garamendi (D-Walnut Grove)).

Discrimination--State tax deductions for business expenses are barred at private clubs that discriminate against women and minorities. Similar Franchise Tax Board regulations that do the same thing also go into effect today. (AB 239 by Assemblywoman Gwen Moore (D-Los Angeles)).

HOUSING

Landlords--In an effort to crack down on absentee slumlords who do not make necessary repairs, the courts are allowed to order in-house confinement of landlords convicted of building code violations. (AB 1515 by Assemblyman Mike Roos (D-Los Angeles)).

Mobile Homes--Late payment of rent three or more times within a one-year period automatically becomes grounds for evicting a mobile home park tenant if a fourth rent payment also arrives late after a five-day grace period. (AB 929 by Assemblyman Jim Costa (D-Fresno)).

Real Estate Sales--Persons illegally posing as real estate licensees or advertising as a real estate broker without being licensed by the state will face fines increased from $1,000 to $10,000. The penalty for corporations engaging in such activity rises from $10,000 to $50,000. (SB 940 by Sen. John Seymour (R-Anaheim)).

Water Beds--Landlords are barred from refusing to rent to tenants with water beds if the tenants can provide proof of insurance against possible water damage. The governor allowed this bill to become law without his signature. (SB 1645 by Sen. Barry Keene (D-Benicia)).

ELECTIONS

Mailers--Political slate mailers must fully disclose the name of the sender, candidates who paid to appear in the mailer and whether the mailer was prepared by an official party organization. (SB 1311 by Sen. William A. Craven R-Oceanside)).

Libel and Slander--In response to negative campaigns, backers of ballot initiatives become liable for slander and libel charges just the same as political candidiates if they knowingly allow support committees to make false statements. (SB 244 by Sen. Robert Presley (D-Riverside)).

Initiatives--It will be a misdemeanor to offer a person money or other valuable consideration to sign an initiative petition. (SB 414 by Sen. William A. Craven (R-Oceanside)).

GOVERNMENT & POLITICS

Legislative Salaries--State lawmakers will receive a 10% pay raise--from $37,105 to $40,816 a year--that will take effect after the November general election. A 1966 ballot proposition approved by the voters gave the legislators the right to increase their own salaries. (AB 2676 by Assemblyman Tom Bane (D-Tarzana)).

Legislative Per Diem--The lawmakers’ daily tax-free living allowance is increased by at least $1,000 a year--rising from $82 to $87 a day for at least the minimum 200 days that they are in session. The salary of some of the governor’s top appointees to state department posts also goes up. (SB 1315 by Sen. William A. Craven (R-Oceanside)).

Open Meetings--Closed-door meetings by local governmental bodies are limited by requiring public justification of such sessions that involve potential litigation. (SB 200 by Senate President Pro Tem David A. Roberti (D-Los Angeles)).

SENIOR CITIZENS

Abuse Complaints--The attorney general’s office is granted authority to investigate and prosecute complaints of abuse and neglect of patients in health care facilities under the Medi-Cal program and to coordinate efforts with local law enforcement authorities. (SB 526 by Sen. Henry J. Mello (D-Watsonville)).

Nursing Homes--Operators of nursing homes are required to replace patients’ stolen or lost property unless they can prove they took specific steps to protect it. (AB 2047 by Assemblyman Richard Katz (D-Sepulveda)).

Nutrition--The state will develop policies and guidelines for senior citizen nutrition sites to ensure that the food is safe and not wasted. (AB 1613 by Assemblywoman Bev Hansen (R-Santa Rosa)).

Housing--All state, federal, and local housing information must be coordinated, publicized, and disseminated to senior citizens on a timely basis through existing local agencies. (SB 466 by Sen. Henry J. Mello (D-Watsonville)).

COURTS

Guidelines--New legal guidelines are established making it more difficult to sue businesses and doctors for civil wrongdoing. Manufacturers no longer are liable for damages caused by products which ordinary consumers know to be unsafe. A new definition of malice makes it more difficult to collect punitive damages. (SB 241 by Sen. Bill Lockyer (D-Hayward)).

Financing--Responsibility for financing the operations of the Superior and Municipal Courts is transferred from the counties to the state. The governor also gets to appoint 109 new judges to help relieve court case congestion. (SB 709 by Sen. Bill Lockyer (D-Hayward)).

Civil Liability--Local governments are held immune from liability for accidents caused by natural conditions on beaches and injuries or deaths to bystanders in high-speed police chases. Government officials are not liable for negligent actions of public workers. Public agencies are allowed to pay large settlements in installments. (AB 1173 by Assembly Speaker Willie Brown (D-San Francisco)).

Lawsuits--A three-year pilot program will be set up in Riverside and San Bernardino counties authorizing a court to levy an attorney fee on a party who rejects a settlement offer in a civil suit and fails to do better in a subsequent trial. (SB 379 by Sen. Robert Presley (D-Riverside)).

Juries--Criminal courts will be permitted to import juries from another county rather than move all other participants in a trial if a change of venue is ordered. (SB 445 by Sen. Quentin L. Kopp (I-San Francisco)).

INSURANCE

Liability--Insurance companies can be ordered to form a temporary pool to provide commercial liability insurance for business firms and local governments if coverage is not available. (AB 231 by Assemblyman William H. Lancaster (R-Covina)).

Medigap--State standards will be set for so-called Medigap supplemental insurance plans intended to protect the elderly who are not fully covered by the federal Medicare program. (AB 2241 by Assemblyman Bruce Bronzan (D-Fresno)).

Non-Coverage--Medigap insurance policies are required to disclose in large easy-to-read type if items such as custodial care, dental care, eyeglasses, prescription drugs or hearing aids aren’t covered, starting July 1. (AB 1062 by Assemblyman Dan Hauser (D-Arcata)).

POLLUTION

Air Pollution--A revamped South Coast Air Quality Management District board is granted new powers to reduce air pollution in the Los Angeles Basin, including the banning of trucks on freeways during peak traffic hours and controls over new commercial and residential development. (SB 151 by Sen. Robert Presley (D-Riverside)).

Anti-Smog Devices--State officials are allowed to inspect any used automobile on a dealer’s lot to make sure that required smog control devices are installed and working properly. The law also subjects dealers to fines of up to $1,000 for selling a car that is not in compliance. (SB 961 by Sen. Gary K. Hart (D-Santa Barbara)).

Toxic Emissions--Manufacturers and users of toxic chemicals that could be released into the air are required to provide a full accounting of any hazardous emssions. (AB 2588 by Assemblyman Lloyd G. Connelly (D-Sacramento)).

Methanol--A state task force will be set up to study the advantages and disadvantages of the increased use of cleaner-burning methanol as an alternative to gasoline for powering automobiles. A report to the Legislature is due in 1989. (AB 234 by Assemblyman Bill Leonard (R-Redlands)).

Hazardous Waste--Cities and counties are empowered to reroute trucks carrying hazardous waste material if the original route follows highways adjacent to drinking water reservoirs. (AB 689 by Assemblyman Robert J. Campbell (D-Richmond)).

Radioactive Waste--A low-level radioactive waste disposal compact is created with California, Arizona, North Dakota, and South Dakota eligible to become members. The compact will be effective when the Legislature of another state in that group votes to ratify it--if congressional approval follows. Two possible waste disposal sites in rural San Bernardino County presently are under consideration. (AB 1000 by Assemblyman Steve Peace (D-Chula Vista)).

FISH AND GAME

Boat Accidents--The crime of gross vehicular manslaughter while intoxicated is expanded to include negligent operation of a boat by an intoxicated driver who causes another person’s death. (AB 1341 by Assemblywoman Sunny Mojonnier (R-Encinitas)).

Boat Paint--Sale and use of a specified type of tributyltin (TBT)-based antifouling paint or coating intended to reduce bottom algae is prohibited for most small boats. (AB 637 by Assemblyman Dan Hauser (D-Arcata)).

MISCELLANEOUS

Animals--Most pickup truck drivers are prohibited from carrying animals in open truck beds unless the animal is safely secured to prevent it from falling or jumping from the vehicle. Working farm dogs are exempted. First offense violations call for fines ranging from $50 to $100. (AB 128 by Assemblyman Jack O’Connell (D-Carpinteria)).

Rent Control--Cities and counties are prohibited from imposing rent control ordinances on commercial properties. Existing or proposed residential property rent controls are not affected by this law. (SB 692 by Sen. Barry Keene (D-Benicia)).

Business Help--A state telephone hot line will be set up to help small and minority business owners obtain advice on how to cut through state red tape and solve their problems. (AB 864 by Assemblyman Charles W. Quackenbush (R-Saratoga)).

Restrooms--In a first step toward reducing long waiting lines at women’s restrooms, a yearlong series of public hearings will be held to discuss criteria for requiring more such facilities to be included in new sports and entertainment facilities, starting in 1989. (SB 247 by Sen. Art Torres (D-Los Angeles)).

Indian Graves--Native American burial sites will be better protected from theft and disturbance by making it easier to prosecute persons who remove human remains or grave items. (SB 447 by Sen. Jim Ellis (R-San Diego)).

Nudists--Waiters and waitresses are allowed to serve alcoholic beverages in the nude in established nudist camp restaurants if local county sheriffs and boards of supervisors have no objections. The governor allowed this bill to become law without his signature. (AB 251 by Assemblyman Gerald R. Eaves (D-Rialto)).

Butterflies--A state inventory of critical habitat areas used by the endangered Monarch butterfly for winter roosting purposes will be conducted with an eye toward a possible recommendation for state acquisition of those areas. (AB 1671 by Assemblyman Byron D. Sher (D-Palo Alto)).

Pets--Public pounds and animal shelters are required to provide owners of lost pets and finders of lost pets with detailed information aimed at making it easier to return the animals to their owners. (SB 10 by Sen. Alan Robbins (D-Van Nuys)).