CALIFORNIA LAWS ’96

With the California Assembly mired in political turmoil and Gov. Pete Wilson embarked on a quixotic quest for the presidency, the 1995 Legislature produced the fewest bills in more than five years. In all, the governor signed 982 new laws.

Some are already in effect, but most become effective today.

The 1995 session was a mishmash, with no single issue dominating debate as in previous years. Fighting crime was again a high priority, as were attempts to assist financially strapped Orange and Los Angeles counties. Many of the new laws--from a measure abolishing consumer price differences based on gender to an increase in freeway speed limits--will have a more immediate effect on people’s lives. Here’s a look at them:

(You can write to the bill’s author for more information about a particular law, at: State Capitol, Sacramento, CA 95814. Legislative information also is available on the Internet, with access through e-mail, at ftpmail@(at)leg info.public.ca.gov, and through Gopher and the World Wide Web.)

Crime and Punishment

Death penalty--If a ballot measure is approved by voters in March, prosecutors will have the option of seeking the death penalty or life in prison without parole for people convicted of murder during a drive-by shooting. (SB 9 by Sen. Ruben Ayala, D-Chino).

More death penalty--If a ballot measure is approved by voters in March, prosecutors will have the option of seeking the death penalty or life in prison without parole for people convicted of murdering a juror or committing murder during a carjacking. (SB 32 by Sen. Steve Peace, D-Bonita)

Illegal bullets--It is now a crime to possess, use, make or advertise handgun ammunition designed to pierce protective gear worn by police officers. (AB 99 by Assemblyman John Burton, D-San Francisco).

Early warning--It is legal for chiefs of police and sheriffs to notify any “appropriate” party, from news reporters to neighborhood groups, that a parolee is going to be freed. Previously, prison authorities provided the information to law enforcement on a confidential basis. (SB 561 by Sen. Richard Mountjoy, R-Arcadia).

Parolees--Parolees considered to be high-risk and likely to commit crimes must report to their parole officers within 48 hours of being released from prison or face arrest. (SB 856 by Sen. Mike Thompson, D-St. Helena.)

Prison time--In a law that will lengthen prison terms, the Department of Corrections can refuse to restore “good time” credits to prisoners who commit offenses in prison, even if the inmates incur no other discipline for the rest of their prison terms. (SB 215 by Sen. Bill Leonard, R-San Bernardino).

Simpson reaction--Criminal defendants may not profit from books they write while their cases are pending. The law was motivated by O.J. Simpson’s million-dollar book deal, made while he was on trial. (SB 287 by Sen. Charles Calderon, D-Whittier).

Helicopters--Shining a high-intensity light at police helicopters with the intent of disturbing their operation is a misdemeanor, punishable by a jail sentence and a $1,000 fine. (SB 1244 by Sen. Diane Watson, D-Los Angeles).

Loitering--It is a misdemeanor to loiter in streets, parks and other public places with the intent of dealing drugs or engaging in prostitution. (AB 1035 by Assemblyman Richard Katz, D-Sylmar).

False reports--It is a misdemeanor to knowingly make false accusations of police misconduct. (AB 1732 by Assemblywoman Paula L. Boland, R-Granada Hills).

Victims’ rights--Crime victims and their families have the right to be at all court proceedings attended by defendants, prosecutors and the public. (AB 149 by Assemblyman Bill Hoge, R-Pasadena).

Bail--Bail bond companies can get their money back if a defendant who is free on bond flees and is located but the prosecutor refuses to seek extradition. (SB 1245 by Sen. Richard Polanco, D-Los Angeles).

Sex Crimes

Sexual predators--Convicts deemed to be sexual predators by parole authorities can be kept in custody for mental health treatment for two years or more after they have served their criminal sentences. (AB 888 by Assemblyman Jim Rogan, R-Glendale).

Past crimes--Prosecutors can use evidence of a defendant’s record of priorsexual attacks when trying rape or child molestation cases. (AB 882 by Assemblyman Jim Rogan, R-Glendale).

Sex offenders--People convicted of kidnapping with intent of committing sex crimes must register with local police as sex offenders when released from prison. (AB 173 by Assemblyman Michael Machado, D-Linden).

Child molesters--Courts can order convicted child molesters to undergo HIV testing. (AB 681 by Assemblyman Thomas Hannigan, D-Fairfield).

Drugs and Alcohol

Anti-drug funding--Taxpayers will find a new checkoff on their state income tax forms, for making contributions of $1 or more to support Drug Abuse Resistance Education, an organization that counsels youngsters to avoid drugs and gangs. (SB 1153 by Sen. Jack O’Connell, D-Carpinteria).

Sales to minors--The state must warn liquor stores that they may be subject to decoy operations in which minors working for authorities buy alcoholic beverages. (AB 683 by Assemblyman Curtis Tucker Jr., D-Inglewood).

Liquor sales--Local governments can suspend a moratorium designed to halt the spread of beer and wine sales in areas that already have many liquor stores, if the area is not high in crime or population density. (SB 408 by Sen. Mike Thompson, D-St. Helena).

Methamphetamines--It is illegal to possess the chemical hydriodic acid, an ingredient in the manufacturing of methamphetamines. (SB 419 by Sen. Rob Hurtt, R-Garden Grove).

Public Education

Reorganization--Petitions to place the issue of reorganizing the Los Angeles Unified School District on the ballot will require only 72,000 signatures, down from 386,000. (AB 107 by Assemblywoman Paula L. Boland, R-Granada Hills).

More reorganization--Any reorganization of the Los Angeles school district must ensure that several conditions are met, including socioeconomic diversity, geographical compactness and equal distribution of money and other resources. (SB 699 by Sen. Tom Hayden, D-Santa Monica).

Compton schools--The academic year for the three lowest-performing schools in the Compton Unified School District is lengthened to 219 days from 180. (AB 174 by Assemblyman Willard Murray, D-Paramount).

Basics--School books and other instructional aids in grades one through eight must teach fundamental skills such as phonics, spelling and basic arithmetic. (AB 170 by Assemblywoman Dede Alpert, D-Coronado).

Spelling--Language arts curricula up to eighth grade must include an emphasis on spelling. (AB 1504 by Assemblyman John Burton, D-San Francisco).

Testing--The state superintendent of public instruction must recommend and implement a statewide testing program for students. The test, to be called the California Assessment of Educational Progress, will replace the controversial California Learning Assessment System exam. (AB 265 by Assemblywoman Dede Alpert, D-Coronado).

Computers--School districts can use revenue bonds to buy computers and pay back the debt with money from the state lottery. (AB 536 by Assemblywoman Marguerite Archie-Hudson, D-Los Angeles).

Insane teachers--The Commission on Teacher Credentialing must deny teaching credentials to any applicant found to be insane by a federal or state court, unless the commission determines that the person has been cured for at least five years. (AB 1029 by Assemblyman Brooks Firestone, R-Los Olivos).

Expelling teachers--School districts now can dismiss teachers for “unsatisfactory performance” rather than the previous standard, “incompetency,” which was more difficult to document. (AB 729 by Assemblywoman Susan A. Davis, D-San Diego).

Expelling students--School authorities must expel students found carrying guns, brandishing knives or selling drugs on campus or at school activities off campus. (SB 966 by Sen. Patrick Johnston, D-Stockton).

Alternative schools--The state will provide money to local school districts for alternative schools for students who are expelled for possessing guns, brandishing knives or selling drugs. (AB 922 by Assemblywoman Barbara Friedman, D-North Hollywood).

Crime reporting--School principals who fail to report to police a violent act or drug offense by a student will be subject to a $500 fine. (SB 232 by Sen. Teresa Hughes, D-Inglewood).

Teenage pregnancy--The state will provide money to establish community- and school-based support services for girls who are at risk of becoming pregnant and for teenage parents. (SB 1170 by Sen. Bill Lockyer, D-Hayward).

Intruders--People who have been ordered off a public school campus may not return to the school for at least 30 days, or else face a jail sentence and fine. (AB 1344 by Assemblyman Michael Sweeney, D-Hayward).

Bus crime--Boarding a school bus with the intent to commit a crime now is a specific misdemeanor, prompted by instances in which people got on school buses intending to assault and threaten students or sell drugs. (SB 83 by Sen. Jack O’Connell, D-Carpinteria).

Children

Deadbeat parents--Driver’s licenses of parents who fail to make court-ordered child support payments can be seized by the state. (AB 257 by Assemblywoman Jackie Speier, D-Burlingame).

Immunizations--Children who enter kindergarten after August 1997 must receive immunizations for hepatitis B. (AB 1194 by Assemblyman Nao Takasugi, R-Oxnard).

Day care--Day-care facilities must meet additional security standards in order to get licenses. (AB 247 by Assemblyman Steve Baldwin, R-El Cajon).

Adoptions--An effort by birth parents to set aside an adoption order and reclaim a child must commence within a year of the order approving the adoption, unless fraud was involved. Under previous law, efforts to set aside adoptions could be made for three years after an adoption order was issued. (AB 898 by Assemblyman Pete Knight, R-Palmdale).

Domestic Abuse

Domestic violence--A first domestic violence offense will go on the offender’s criminal record and can no longer be erased if the offender seeks counseling. (SB 169 by Sen. Tom Hayden, D-Santa Monica).

Insurance claims--Insurance companies can no longer refuse to sell health care or disability insurance because people applying for coverage are victims of domestic violence. (AB 1973 by Liz Figueroa, D-Fremont).

Battered women--Grounds for early release from prison of women convicted of killing abusive mates are expanded to include a wider range of behavior associated with battered woman syndrome. (AB 231 by Assemblywoman Sheila Kuehl, D-Santa Monica).

Child abuse--Child protective services workers can be sued if they lie or commit other fraud R-Placerville).

Pensions--When a person is convicted of attempting to murder his or her spouse, the injured spouse is entitled to 100% of the convicted spouse’s pension benefits. (AB 16 by Assemblyman Richard Rainey, R-Walnut Creek).

Stalking--Stalking is now defined as placing a person in fear for his or her safety, eliminating the requirement that a stalker show intent to carry out threats. (AB 985 by Assemblyman Brooks Firestone, R-Los Olivos).

Restraining order--Courts are authorized to issue domestic violence restraining orders that include prohibitions against stalking, destroying personal property and making annoying phone calls. (AB 878 by Assemblyman James E. Rogan, R-Glendale).

Medical evidence--Two hospital-based centers will be created to teach medical personnel how to conduct medical evidentiary examinations of victims of sexual assault and spousal, child and elder abuse. (SB 857 by Sen. Mike Thompson, D-St. Helena).

Health

Cigarettes--Cigarette vending machines are banned everywhere in California, except in bars. (AB 686 by Assemblyman Curtis Tucker Jr., D-Inglewood).

HMO problems--The Department of Corporations must establish a process for people who have grievances with their health insurance plans, including health maintenance organizations. (SB 454 by Sen. Newton R. Russell, R-Glendale).

More HMO problems--People with grievances about their health insurance coverage can call a new Department of Corporations toll-free number, (800) 400-0815, and health plan organizations must resolve consumer complaints quickly or face penalties. (SB 689 by Sen. Herschel Rosenthal, D-Los Angeles).

Contacts--Pharmacists can dispense replacement contact lenses, joining medical doctors, optometrists and registered opticians. (AB 1107 by Assemblyman Robert Campbell, D-Martinez).

Primary care--Obstetricians and gynecologists can become primary care physicians in managed care health plans if they meet insurance companies’ eligibility requirements. (AB 396 by Assemblywoman Jackie Speier, D-Burlingame).

Prenatal testing--Doctors must offer pregnant women a confidential HIV test, along with AIDS-related information and counseling, during prenatal care. (SB 889 by Sen. Tim Leslie, R-Roseville).

Sex education--Los Angeles County will provide people who collect welfare or Medi-Cal benefits with written information about sex education, drug use, AIDS virus transmission and birth control. (AB 162 by Assemblyman Willard Murray, D-Paramount).

Dentists--A dentist cannot solicit business from students or their parents while providing voluntary dental health screening on a school campus. (SB 334 by Sen. Teresa Hughes, D-Inglewood).

Consumer Protection

Gender pricing--Merchants may not charge women more than men for haircuts, dry cleaning and other services if the time it takes to provide the services to both sexes is equal. (AB 1100 by Assemblywoman Jackie Speier, D-Burlingame).

Fluoride--Water districts serving more than 10,000 households must add fluoride to drinking water once money for the treatment equipment becomes available. (AB 733 by Assemblywoman Jackie Speier, D-Burlingame).

Pepper spray--Consumers over age 16 who wish to buy pepper spray for self-defense no longer need to obtain training and become certified to use the product. (AB 830 by Assemblywoman Jackie Speier, D-Burlingame).

Telephone sales--Vendors who sell products or services by telephone must inform buyers, orally and in writing, of their right to cancel purchases within three days. (AB 578 by Assemblywoman Grace Napolitano, D-Norwalk).

Wheelchairs--Dealers who sell or lease wheelchairs must include a year’s manufacturer’s warranty, or a 60-day warranty for refurbished wheelchairs. (AB 40 by Assemblyman Joe Baca, D-San Bernardino).

Cars and Drivers

Speed limits--Caltrans and the California Highway Patrol can set speed limits of up to 70 mph on California freeways. (SB 726 by Sen. Quentin Kopp, I-San Francisco).

Seat belts--Police can stop and cite motorists for failing to wear seat belts. Seat belt use was required previously, but officers could not cite motorists for failing to wear the restraints if that was their only violation. (AB 1400 by Assemblyman Willie Brown, D-San Francisco).

Road kills--Authorities can no longer cite motorists who accidentally run over wildlife. But motorists still may not drive off with the dead or injured animal. (SB 1258 by Sen. Maurice Johannessen, R-Redding).

Lemons--Auto dealers who sell “lemon” vehicles must warn consumers about the history of cars that have been repurchased from other consumers. Dealers must disclose problems that were reported by the original owner and any repairs made. (AB 1381 by Assemblywoman Jackie Speier, D-Burlingame).

Car dealers--In advertisements for the sale or lease of cars, dealers generally cannot use terms such as “invoice,” “dealer invoice” and “wholesale price.” (AB 192 by Assemblyman Sal Cannella, D-Ceres).

Bike cops--It is a misdemeanor for a motorist to fail to heed an order to pull over by an officer on a bicycle. (SB 170 by Sen. Bill Leonard, R-San Bernardino).

Camera cops--Local government can use automated cameras to identify and cite by mail drivers who run red lights. (SB 833 by Sen. Quentin Kopp, I-San Francisco).

Tolls--The Department of Motor Vehicles will refuse to renew a vehicle’s registration until all outstanding toll evasion violations are cleared. (AB 1223 by Assemblyman Curt Pringle, R-Garden Grove).

Fines--In an experiment, one as yet unchosen hazardous road in Southern California and two hazardous roads in the north will be designated as “safety enhancement double fine zones” where violators will be charged fines twice as high as normal. (SB 414 by Sen. Mike Thompson, R-St. Helena).

Impounds--Police can immediately seize and impound a vehicle involved in a traffic accident if the driver is operating the vehicle with a suspended or revoked license. (SB 833 by Sen. Quentin Kopp, I-San Francisco).

Cabbies--Cities and counties that license taxicabs must enact drug and alcohol testing certification programs for cabbies similar to those required nationally for truck drivers. (SB 46 by Sen. Ruben Ayala, D-Chino).

Insurance

Driver discounts--People convicted of driving under the influence of drugs or alcohol must wait seven years, instead of the previous three, to qualify for good driver discounts on their insurance premiums. (SB 905 by Sen. Tim Leslie, R-Carnelian Bay).

Language aid--The state insurance commissioner is authorized to print in Spanish and Vietnamese information defining terms used in insurance policies. (AB 1150 by Jim Morrissey, R-Santa Ana).

Disaster losses--Homeowners who suffered uninsured losses in last winter’s storms and floods that exceeded their income are allowed multiyear property tax deductions to help recoup the losses. (AB 1X and AB 3X by Assembly members Valerie Brown, D-Sonoma, and Brooks Firestone, R-Los Olivos).

Fraud protection--It is unlawful to hire people to procure clients to file workers’ compensation or other insurance claims. (SB 465 by Sen. Herschel Rosenthal, D-Los Angeles).

Earthquakes

Quake fund--The state insurance commissioner is authorized to seek commitments from insurance companies and others to create a state-managed pool of $10.5 billion to provide earthquake insurance to homeowners. (AB 13 by Assemblywoman Juanita McDonald, D-Carson).

Quake coverage--To make earthquake insurance more readily available for homeowners, insurance companies can now offer scaled-down policies. (AB 1366 by Assemblyman David Knowles, R-Placerville).

Heaters--A home seller must certify to a buyer that a water heater is reinforced to resist falling during an earthquake. (SB 304 by Sen. Herschel Rosenthal, D-Los Angeles).

Condo owners--Condominium owners are not required to buy earthquake insurance if they have loans underwritten by the Federal Home Loan Mortgage Corp. (SB 1325 by Sen. Richard Polanco, D-Los Angeles).

Building inspections--Based on studies of damage from the Northridge earthquake, local building inspectors must complete continuing education courses and meet new standards for certification. (AB 717 by Assemblywoman Denise Ducheny, D-San Diego).

Environment

Mountain lions--Voters will get a chance in March to repeal a ban on the hunting of cougars, a prohibition they enacted with the passage of Proposition 117 in 1990. (SB 28 by Sen. Tim Leslie, R-Carnelian Bay).

State fish--The colorful garibaldi--in jeopardy because of its popularity with collectors who sell it to pet stores--is designated as the official state marine fish and may not be caught until at least Feb. 1, 1999. (AB 77 by Assemblyman Bill Morrow, R-Oceanside).

Smog--A statewide program to get high-polluting cars off the road is being expanded, with the creation of a market for scrapped vehicles and help for low-income drivers with smog check repair bills. (SB 501 by Sen. Charles Calderon, D-Whittier).

Ride sharing--A requirement that Southern California companies with more than 100 employees offer ride sharing programs to their employees is eliminated. (SB 772 by Sen. Rob Hurtt, R-Garden Grove).

Beaches--The state Department of Parks and Recreation will transfer eight state beaches to Los Angeles County. (AB 909 by Assemblywoman Debra Bowen, D-Marina del Rey).

Toxic sites--The state Department of Toxic Substances Control must pursue alternative cleanup strategies before declaring property a state Superfund site. (AB 1962 by Assemblywoman Liz Figueroa, D-Fremont).

Water--Cities and counties considering new developments must determine whether the available water supply is sufficient for a project before approving it. (SB 901 by Sen. Jim Costa, D-Fresno).

Recycling--To keep beverage container recycling financially viable, relevant industries will receive new subsidies and continue to receive others that were scheduled to expire. (SB 1178 by Sen. Jack O’Connell, D-Santa Barbara).

Environmental permits--Under a pilot project designed to streamline the state’s permit process, businesses in certain zones can obtain a single permit to comply with environmental regulations. (SB 1299 by Sen. Steve Peace, D-El Cajon).

Business

Digital signatures--A “digital signature” submitted by computer on sealed bids for state contracts will have the same power of law as a written signature. (AB 1577 by Assemblywoman Debra Bowen, D-Marina del Rey).

Public records--State and local governments are prohibited from selling exclusive publishing and resale rights for public government documents to a single company. This precluded Los Angeles County from selling its court documents to a sole vendor. (AB 141 by Assemblywoman Debra Bowen, D-Marina del Rey).

Rent control--Landlords in rent-control cities, including West Hollywood and Santa Monica, can raise rents on residential units when a new tenant moves in. (AB 1164 by Assemblyman Phil Hawkins, R-Bellflower).

Loans--The Trade and Commerce Agency is authorized to increase the number of small-business loans made to help finance removal of hazardous underground storage tanks. (AB 1434 by Assemblyman Brooks Firestone, R-Los Olivos).

Gambling freeze--A three-year moratorium prevents cities and counties from holding elections to expand card club gambling. (SB 100 by Sen. Ken Maddy, R-Fresno).

Tourism--The state tourism industry is authorized to assess itself at least $25 million annually to promote tourism. The sum would be matched by $7.3 million in state funds. (SB 256 by Sen. Patrick Johnston, D-Stockton).

More tourism--A nonprofit Los Angeles County Tourism Marketing Commission is created, financed by industry assessments, to revive tourism in Los Angeles County. (AB 855 by Assemblyman Louis Caldera, D-Los Angeles).

Real estate agents--Liability of real estate agents who deal in home purchases and are sued by buyers or sellers is limited. (SB 467 by Sen. Bill Leonard, R-San Bernardino).

Trade--California trade office directors overseas can hire local employees without respect to Civil Service or other conditions of employment that prevail for similar state government jobs in California. (AB 1763 by Assemblyman Ted Weggeland, R-Riverside).

Times staff writers Mark Gladstone, Dave Lesher, Carl Ingram, Dan Morain, Max Vanzi and Jenifer Warren contributed to this report. It was compiled by Morain.