CALIFORNIA LAWS 1989

There’s good news for people concerned about the spread of AIDS and widened drug use, but there’s bad news for new-car dealers and shady travel promoters who like to cut corners to make a quick buck. Taking effect on New Year’s Day were many of the 1,647 bills passed by the Legislature and signed into law by Gov. George Deukmejian during 1988. Here’s a sampling of the new laws and what they do:

AIDS

Penalties--Three additional years will be tacked onto the prison sentences of people convicted of certain sex crimes if they knew they were infected with the AIDS virus when they committed the crime. (SB 1007 by Sen. John Doolittle, R-Rocklin.)

Confidentiality--State law is loosened to allow physicians to tell other doctors, nurses and health workers if a patient has AIDS or has tested positive for the AIDS virus in order to permit them to take steps to protect themselves. (SB 2847 by Sen. Gary K. Hart, D-Santa Barbara.)

Prostitutes--It will be a felony for a prostitute to continue to work his or her trade after knowing he or she has been exposed to the AIDS virus. (SB 1007 by Sen. John Doolittle, R-Rocklin.)

Donors--It will be a felony offense to donate blood, semen, breast milk or body organs to another person if the donor knows that he or she is infected with the AIDS virus. (SB 1002 by Sen. John Doolittle, R-Rocklin.)

Cure Claims--It will be a misdemeanor to advertise any unproven drug or device as a cure for AIDS. (AB 2936 by Assemblyman Charles W. Quackenbush, R-Saratoga.)

Notice--Doctors can inform the spouse, sexual partner or the needle-sharing partner of a patient who tests positive for AIDS without the patient’s written consent after discussing the test results with the patient. (SB 2788 by Sen. Ken Maddy, R-Fresno.)

Tests--Doctors can test patients for the AIDS virus after obtaining oral rather than written consent of the patient and disclose the results in the official medical record. (AB 3255 by Assemblyman Bill Jones, R-Fresno.)

Brochures--The Department of Health Services will develop and distribute a brochure about AIDS to sexual assault victims. (AB 4209 by Assemblywoman Lucille Roybal-Allard, D-Los Angeles.)

CRIME

Rape--Allows a rape victim in a court case to have up to two family members present in the courtroom for support purposes. (AB 4208 by Assemblywoman Lucille Roybal-Allard, D-Los Angeles.)

Gang Intervention--A $1-million pilot program is established in Los Angeles County to try to persuade elementary schoolchildren, by increasing their community involvement, that it’s wiser not to join a gang. (AB 3723 by Assemblyman Richard Katz, D-Sepulveda.)

Obscenity--The legal definition of obscene matter is redefined in conformity with a U.S. Supreme Court decision to help make it easier to prosecute hard-core pornography peddlers in court. (SB 5 by Sen. Wadie P. Deddeh, D-Chula Vista.)

Toy Guns--Manufacture, sale or distribution of realistic-looking toy guns is outlawed with violations calling for possible $10,000 fines. It was prompted by an incident in which Los Angeles television personality David Horowitz was held hostage while on the air by a man brandishing a replica of a real pistol. (SB 1795 by Senate President Pro Tem David A. Roberti, D-Los Angeles.)

Plastic Guns--Manufacture, sale or possession of plastic guns not readily detectable by metal-screening devices or X-ray machines commonly used at airports is prohibited. (AB 4546 by Assemblyman Mike Roos, D-Los Angeles.)

Weapons--A criminal penalty of up to one year in state prison is imposed for bringing a concealed weapon to a public meeting. (SB 1799 by Sen. Ruben S. Ayala, D-Chino.)

Pregnancy--Infliction of great bodily injury upon a pregnant woman that results in the termination of the pregnancy is classified as a violent felony for sentencing purposes. (AB 1724 by Assemblyman Rusty Areias, D-Los Banos.)

Telephone Numbers--Defense attorneys in court cases of violent crimes are prohibited from giving defendants telephone numbers or addresses of victims or witnesses that might lead to harassment. (AB 4346 by Assemblywoman Lucille Roybal-Allard, D-Los Angeles.)

Vandalism--The maximum fine for vandalism is increased from $10,000 to $50,000 for vandalism that causes more than $50,000 in damages. (AB 1086 by Assemblyman Bill Jones, R-Fresno.)

Sheriff--Minimum educational and law enforcement experience requirements are established for candidates who run for sheriff. (SB 1356 by Sen. William Campbell, R-Hacienda Heights.)

HEALTH

Mental Health--Counties can authorize an additional 30 days of involuntary psychiatric evaluation and treatment for people deemed to be a danger to themselves or others. (AB 2678 by Assemblywoman Doris Allen, R-Cypress.)

Perinatal Care--A $46-million appropriation will provide expanded perinatal care for low-income mothers and their infants during pregnancy and the first year of the baby’s life. (SB 2579 by Sen. Marian Bergeson, R-Newport Beach.)

SCHOOLS

Sex Education Classes--Instructors will be required to teach their students to abstain from sexual intercourse “until they are ready for marriage” and to “honor and respect” the institution of monogamous, heterosexual marriage, effective July 1, 1989. (SB 2394 by Sen. Newton Russell, R-Glendale.)

Community Colleges--A $7.2-million program is implemented to improve the community college faculty corps and launch more aggressive recruitment of women and minorities. (AB 1725 by Assemblyman John Vasconcellos, D-Santa Clara.)

Teachers--It will be a misdemeanor offense to verbally abuse, curse or threaten a schoolteacher in a manner that disrupts school activities or incites violence. (SB 2449 by Sen. Gary K. Hart, D-Santa Barbara.)

Strip Searches--It will be unlawful for a schoolteacher or school employee to conduct a strip search or a body cavity search of a pupil. (AB 2496 by Assemblyman Terry B. Friedman, D-Tarzana.)

Dissection--Students can decline to participate in animal dissection classes on moral grounds, provided that they agree to do alternative projects. (AB 2550 by Assemblywoman Jackie Speier, D-South San Francisco.)

CONSUMER AFFAIRS

Retail Credit--The 18% limit on the interest rate that retail department stores can charge their customers is removed for a three-year trial period to determine if deregulation leads to increased competition that will benefit consumers. Bank credit cards such as Visa and MasterCard are not affected. (SB 2592 by Sen. Ralph C. Dills, D-Gardena.)

Automobiles--Deceptive advertising practices by automobile dealers, such as offering free gifts if the gifts increase the sales price of a vehicle, are outlawed. (AB 4020 by Assemblyman Byron D. Sher, D-Palo Alto.)

Travel Promoters--In an effort to protect consumers against possible vacation fraud, travel promoters are required to register with the state in order to do business in California. (AB 3941 by Assemblyman Rusty Areias, D-Los Banos.)

Contracts--Spanish-language translations of consumer contracts are required before signature when the contracts are negotiated primarily in Spanish. (AB 1592 by Assemblyman Richard Polanco, D-Los Angeles.)

Restrooms--Service stations opened after Jan. 1, 1990, near freeways and major highways will be required to have clean restrooms available to customers. (AB 259 by Assemblyman Terry B. Friedman, D-Tarzana.)

Lemon Law--The so-called state lemon law that allows new-car buyers to legally challenge dealers if they are unhappy with the performance of their vehicles is extended to cover the vehicular portion of mobile homes. (AB 4513 by Assemblywoman Sally Tanner, D-El Monte.)

Tanning Salons--Patrons of suntanning salons

must be warned of possible adverse health hazards such as eye damage and skin cancer that can result from repeated exposure. (AB 2139 by Assemblyman William J. Filante, R-Greenbrae.)

Automobile Leases--Dealers must use easy-to-read type size describing lease terms and costs in their television advertisements. (AB 3135 by Assemblywoman Delaine Eastin, D-Union City.)

Senior Citizens--Civil penalties for unfair business practices are increased from $2,500 to $5,000 when senior citizens or disabled people are the victims. (SB 1157 by Sen. Ed Davis, R-Valencia.)

DRUGS

Wiretapping--Law enforcement officers are authorized to use court-approved electronic surveillance methods to catch suspected major drug traffickers. (SB 1499 by Sen. Robert Presley, D-Riverside.)

Drug Dealer Assets--The state’s legal ability to seize assets of drug dealers is strengthened to allow their automobiles, boats and airplanes to be confiscated and sold and the proceeds given to law enforcement to continue to fight the war against drugs. (AB 4162 by Assemblyman Richard Katz, D-Sepulveda.)

Drug Sales to Minors--Criminal penalties are increased for people convicted of selling drugs to minors on or near school property. (SB 2698 by Sen. Ed Davis, R-Valencia.)

Beepers--Electronic signaling devices known as beepers sometimes used in illegal drug trafficking are banned from school campuses and school-sponsored activities unless they can be proven to be required for medical emergency purposes. (AB 2800 by Assemblyman Gerald R. Eaves, D-Rialto.)

VETERANS

Cal-Vet Loans--The deadline for World War II veterans to apply for Cal-Vet home and farm loans is extended to Jan. 1, 1993. In addition, World War II Merchant Marine veterans become eligible for the loans for the first time. (SB 2785 by Sen. Milton Marks, D-San Francisco.)

License Plates--Recipients of the Purple Heart medal for being wounded in wartime military action can apply for special automobile license plates upon payment of increased fees, effective July 1, 1989. (AB 3639 by Assemblyman Robert J. Campbell, D-Richmond.)

License Plates--World War II Pearl Harbor Day survivors who were there during the Japanese attack also can apply for special commemorative automobile license plates upon payment of additional fees, starting July 1, 1989. The governor let this bill become law without his signature. (SB 2148 by Sen. Don Rogers, R-Bakersfield.)

CHILDREN

Child Support--A parent who is two months behind in child support payments can be required to place a deposit with the district attorney to ensure that future support payments are made. (SB 906 by Sen. Bill Lockyer, D-Hayward.)

Child Support--A parent who is behind in child support payments because he or she is unemployed will be required to submit a list of job applications to the appropriate enforcement agency. (AB 2025 by Assemblyman Tom Bates, D-Oakland.)

Custody--No parent shall be awarded custody or unsupervised visitation of a child if he or she has been convicted of criminal offenses against a child, unless the court finds that there is no significant risk to the child. (SB 1803 by Sen. Bill Lockyer, D-Hayward.)

Pornography--Display of explicit pornographic materials in coin-operated vending machines located in areas frequented by children is prohibited. (AB 2093 by Assemblyman Gil Ferguson, R-Newport Beach.)

Graffiti--Minors are prohibited from purchasing any size aerosol container of spray paint unless accompanied by a parent, guardian, instructor or employer. (AB 2992 by Assemblyman Richard Katz, D-Sepulveda.)

Graffiti--A pilot program will be set up in Los Angeles County under which Youth Authority wards will be used to remove graffiti from public buildings. (SB 2465 by Sen. Diane Watson, D-Los Angeles.)

Tobacco--Selling tobacco products to minors can be prosecuted either as a misdemeanor or through a civil action punishable by fines of up to $1,000. People under 18 who purchase tobacco also can be punished by $50 fines or a sentence of 25 hours of community service. (SB 1960 by Sen. Nicholas C. Petris, D-Oakland.)

DRUNK DRIVING

Penalties--The crime of driving under the influence of alcohol with three prior convictions is increased from a misdemeanor to a felony offense. (AB 3134 by Assemblyman Elihu M. Harris, D-Oakland.)

Driver’s Licenses--Courts are authorized to suspend for one year the driver’s license of anyone between 16 and 21 who is convicted of any alcohol- or drug-related offense. People between 13 and 16 who are convicted face a one-year delay in obtaining a license when they are old enough to drive. (SB 1300 by Sen. William Campbell, R-Hacienda Heights.)

ALCOHOL

Youth Parties--Law enforcement officers can seize alcoholic beverages in plain view at social gatherings open to the public where people under 21 years of age are consuming alcoholic beverages and there is no parent or guardian present. (SB 2272 by Sen. Henry J. Mello, D-Watsonville.)

Beer Tastings--Breweries are allowed to conduct beer tastings on their premises or in other locations for charitable events sponsored by nonprofit organizations. (AB 2377 by Assemblyman Stan Statham, R-Oak Run.)

Wine Coolers--Empty wine cooler bottles and cans will be included in the state’s beverage container recycling program and become eligible for return refunds starting Jan. 1, 1990. (AB 612 by Assemblyman Byron D. Sher, D-Palo Alto.)

FISH AND GAME

Waste Disposal--Recreational boaters are prohibited from disposing of plastics and non-biodegradable materials, such as six-pack holders and Styrofoam coffee cups, in state waters. The debris can cause injury and death to marine animals and birds. (AB 2766 by Assemblyman Dan Hauser, D-Arcata.)

TRANSPORTATION

Stop the Rocks--Dump trucks must be modified to prevent rocks and litter from escaping and causing broken automobile windshields, including tailgate seals and mud flaps on tires. Tarpaulin load covers also will be required starting Sept. 1, 1990. (AB 3220 by Assemblyman Richard Katz, D-Sepulveda.)

Hazardous Materials--Trucks carrying highly toxic materials must follow California Highway Patrol-approved routes and have relief drivers, escorts and on-board emergency equipment to cope with possible accidents. (AB 2705 by Assemblyman Richard Katz, D-Sepulveda.)

Ride Sharing--Private employers who institute

employee ride sharing and van pooling will

become eligible for state tax deductions. (SB 1904 by Sen. Becky Morgan, R-Los Altos Hills.)

Ride Sharing--State agencies are required to set a 50% goal for their employees to participate in ride-sharing programs. (SB 2723 by Sen. John Seymour, R-Anaheim.)

Truck Inspections--The CHP is authorized to conduct more surprise truck safety inspections. (SB 2876 by Sen. John Seymour, R-Anaheim.)

Vehicle Fees--The Department of Motor Vehicles is authorized to develop a pilot program under which motorists can use credit cards to pay licensing and registration fees starting sometime in mid-year. (AB 4264 by former Assemblyman William P. Duplissea, R-San Carlos.)

Rail Service--The state will study the feasibility of implementing high-speed passenger rail service among Los Angeles, Fresno, the San Francisco Bay Area and Sacramento. (AB 971 by Assemblyman Jim Costa, D-Fresno.)

ELECTIONS

Absentee Voters--It will be a misdemeanor offense for any candidate or representative of a candidate to solicit the vote of an absentee voter while the voter is voting. (SB 172 by Sen. Ed Davis, R-Valencia.)

SENIOR CITIZENS

Health Insurance--The state will increase its regulation of the advertising and sale of individual and group long-term health care insurance policies now offered to senior citizens by commercials featuring television personalities. (SB 170 by Sen. Henry J. Mello, D-Watsonville, and SB 2760 by Sen. Alan Robbins, D-Van Nuys.)

Property Protection--Residential care facilities for the elderly will have to establish theft and loss policies for the protection of residents’ personal property. (AB 3624 by Assemblyman Thomas M. Hannigan, D-Fairfield.)

COURTS

Small Claims Court--The $1,500 limit on small claims court actions is raised to $2,000 this year and $2,500 in 1991 with certain exceptions. (AB 1913 by Assemblyman Elihu Harris, D-Oakland.)

Lawyers--A State Bar disciplinary court is created with professional judges instead of volunteer attorneys hearing complaints filed against lawyers. (SB 1498 by Sen. Robert Presley, D-Riverside).

INSURANCE

Auto Insurance--A 5% limit on automobile insurance underwriting profits is imposed and excess profits have to be refunded to the policyholders. (AB 4325 by Assemblyman Tom Bane, D-Tarzana.)

Auto Insurance--Insurers are prohibited from refusing to issue policies based solely on the age of the vehicle if the market value exceeds $2,500. (SB 2184 by Sen. Alan Robbins, D-Van Nuys.)

Claims--Potential fines and years of imprisonment for people convicted of filing false automobile insurance damage claims are increased. (SB 2344 by Sen. Bill Lockyer, D-Hayward.)

Health Care--Small businesses will be granted state income tax credits for providing employees with health care insurance coverage starting after 1990. (SB 2260 by Sen. Barry Keene, D-Benicia.)

Mammograms--Health insurance plans are required to pay the cost of mammograms used to detect breast cancer in women if they include breast cancer-related operations. (AB 1201 by Assemblyman Dominic L. Cortese, D-San Jose.)

POLLUTION

AND TOXIC WASTE

Smog Checks--A revised major smog check program goes into effect, including a provision that calls for stiff increases in the amount that car owners would be required to pay for necessary automobile repairs, designed to help achieve a 25% reduction in vehicle emissions demanded by the federal government, starting Jan. 1, 1990. (SB 1997 by Sen. Robert Presley, D-Riverside.)

Air Quality--Local air quality agencies are required to take regulatory action to bring about a 5% annual reduction in smog. If the agencies fail to do so, the state could step in and take over local smog regulation. (AB 2595 by Assemblyman Byron D. Sher, D-Palo Alto.)

Indoor Pollution--The state Air Resources Board will conduct a study to determine how much indoor air pollution Californians are breathing. (AB 3343 by Assemblywoman Sally Tanner, D-El Monte.)

Air Quality--An additional member representing the cities of Los Angeles County is added to the South Coast Air Quality Management District board of directors. (SB 2285 by Sen. Robert Presley, D-Riverside.)

Asbestos--Employers are required to post warning signs in areas where workers may come in contact with asbestos to inform them of the possible cancer risk. (AB 3173 by Assemblyman Lloyd G. Connelly, D-Sacramento.)

Vehicle Fees--An additional $1 automobile registration fee can be imposed in Los Angeles, Orange, Riverside and San Bernardino counties to allow the South Coast Air Quality Management District to promote increased use of clean-burning fuels. (SB 2297 by Sen. Herschel Rosenthal, D-Los Angeles.)

Water Quality--Water companies are required to notify local elected officials if a public water supply well is closed because it is found to contain contaminants in excess of acceptable health standards. (AB 2826 by former Assemblyman Wayne Grisham, R-Norwalk.)

Hazardous Waste--It will be a crime to knowingly treat, handle, transport or store any hazardous waste in a manner that causes risk of fire, explosion, serious injury or death. (AB 1983 by Assemblyman Burt Margolin, D-Los Angeles.)

Disposal--It will be unlawful to transport hazardous waste out of California except to dumping facilities specifically authorized to receive and treat such waste. (AB 3188 by Assemblywoman Sally Tanner, D-El Monte.)

GOVERNMENT

Witnesses--It will be a misdemeanor offense for any employer to directly or indirectly harass any employee if the harassment is motivated by the fact that the employee may become a witness before a legislative committee. (SB 2858 by Sen. Barry Keene, D-Benicia.)

BUSINESS

Child Care--Private employers who provide child care services for their employees will become eligible for state tax credits. (SB 722 by Sen. Gary K. Hart, D-Santa Barbara.)

Securities--Criminal penalties and civil liability for the white-collar crime of insider trading of securities are increased. (SB 2578 by Sen. Alan Robbins, D-Van Nuys.)

Foreign Corporations--The state Department of Justice will conduct a study and recommend better methods to resolve consumer complaints against foreign corporations. (AB 3076 by Assemblyman Larry Stirling, R-San Diego.)

Technology--An Office of Competitive Technology is created within the Department of Commerce to coordinate research to try to attract more large federal contacts for California firms. (AB 4260 by Assemblyman Charles W. Quackenbush, R-Saratoga.)

Swap Meets--Vendors are required to report all items offered for sale or exchange at swap meets on a standard form prescribed by the Department of Justice. (SB 93 by Sen. Joseph B. Montoya, D-Whittier.)

HOUSING

Rental Repairs--Landlords who refuse to repair unsafe and rundown rental units can be forced to pay court costs, attorney fees and inspection levies, and lose state tax benefits, in addition to fines for housing law violations. (SB 2799 by Sen. Ed Davis, R-Valencia.)

Rental Rates--Owners of some rental housing financed through low-interest government loans will have to give at least six months’ prior notice to tenants before increasing their rents. (AB 4625 by Assemblywoman Marian LaFollotte, R-Northridge.)

Mobile homes--Mobile home park operators are prohibited from acting as agents in the sale of a mobile home as a condition of approval for a buyer to reside in the park. (SB 2230 by Sen. William A. Craven, R-San Diego.)

MISCELLANEOUS

Brown Papers--Former Democratic Gov. Edmund G. Brown Jr. is allowed to donate his gubernatorial papers to USC instead of the state archives. (AB 1767 by Assemblyman Pat Nolan, R-Glendale.)

Hahn Park--Los Angeles officials are permitted to rename the Baldwin Hills State Recreation Area the Kenneth Hahn Recreation Area in honor of the veteran Los Angeles County supervisor. (SB 643 by Sen. Diane Watson, D-Los Angeles.)

Animal Abuse--The maximum penalty for animal abuse is increased to a $20,000 fine or up to one year in prison or both. (AB 4023 by Assemblyman William J. Filante, R-Greenbrae.)

Lottery--State lottery officials are empowered to pay a claim on a winning ticket if the ticket is lost and there is substantial proof that it was once held by the claimant. (SB 106 by Sen. Ralph C. Dills, D-Gardena.)

Helmets--All riders of all-terrain vehicles, regardless of age, will be required to wear safety helmets to prevent possible accidental injuries and deaths. (AB 2746 by Assemblywoman Doris Allen, R-Cypress.)

Taxes--A taxpayer’s bill of rights is established to increase public awareness of guidelines governing the collection of taxes by the Franchise Tax Board and the state Board of Equalization. (AB 2788 by Assemblyman Elihu M. Harris, D-Oakland, and AB 2833 by Assemblyman Richard Katz, D-Sepulveda.)

Warming Trends--The state Energy Commission will conduct a study on how global warming trends may affect California’s energy, water, environment, economy and agriculture. (AB 4420 by Assemblyman Byron D. Sher, D-Palo Alto.)

State Song--”I Love You, California” is designated an official state song. This means another state song could be designated in the future if it also is approved by the Legislature and the governor. (AB 1535 by Assemblyman Tim Leslie, R-Carmichael.)

State Dance--The West Coast swing dance, a jitterbug step made popular in the 1940s, becomes the official state dance. The square dance also becomes the official folk dance. The governor allowed this bill to become law without his signature. (SB 2460 by Sen. Quentin S. Kopp, I-San Francisco.)

Complied by Times staff writer Jerry Gillam

DR, M. WUERKER