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CALIFORNIA LAWS 2001

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Here are some of the state’s most important--or unusual--new laws.

Most of them take effect today.

It was a year of budget windfalls, tax cuts, an emerging energy crisis and the resignation of an insurance commissioner. Lawmakers paid particular attention to schools, health care, personal privacy and the elderly.

Gov. Gray Davis signed 1,088 bills into law in 2000, 63 more than in his first year in office. He vetoed 362, 110 more than he axed in the first year. What Davis and the Legislature did will affect every Californian in some fashion. Here is a look at some of the more notable measures, most of which take effect on New Year’s Day.

Those who want more information about any bill can write to its authors at State Capitol, Sacramento, CA 95814, or visit the state Senate’s Web page at https://www.sen.ca.gov/ and click on Legislation.

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TAXES

Child care--People with incomes of $100,000 or less can claim an average of $280 in income tax credit for child-care expenses. (AB 480 by former Assemblywoman Denise Ducheny, D-San Diego.)

Cars--People will get rebates on the fee they pay when they register their vehicles. The state will spend $22 million to provide the rebates rather than simply reduce the fee. (AB 858 by Sen. Sheila Kuehl, D-Santa Monica, former assemblywoman.)

Teacher taxes--Schoolteachers can receive income tax credits of between $250 and $1,500 a year, depending on how long they have been teaching. (AB 2879 by Assemblywoman Hannah-Beth Jackson, D-Santa Barbara.)

Dependents--People who care for disabled dependents, including elderly parents, can claim an income tax credit of $500 a year. (AB 2871 by Assemblyman Lou Correa, D-Anaheim.)

ENERGY

Electricity surcharge--Electricity customers will pay a total of $500 million a year through 2012 to help subsidize renewable energy technology, help low-income customers pay their utility bills and encourage energy conservation. The charge amounts to an average of $1.25 a month for most customers. (SB 1194 by Sen. Byron Sher, D-Stanford.)

San Diego rates--Unusually high electricity bills in San Diego County and southern Orange County were rolled back to June 1 levels. The rates will remain in effect until Dec. 31, 2003. (AB 265 by Rep.-elect Susan A. Davis, D-San Diego, former assemblywoman.)

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More power--The state streamlined its process for approving power plant construction and refurbishing old plants. (AB 970 by former Assemblywoman Denise Ducheny, D-San Diego.)

PUBLIC SCHOOLS

Algebra--Algebra now is a required course in grades seven through 12. Algebra I is added to the courses needed to receive a high school diploma, starting with the graduating class of the 2003-04 school year. (SB 1354 by Sen. Chuck Poochigian, R-Fresno.)

Scholarships--High school students who score in the top 10% statewide on the STAR test or in the top 5% at their schools can receive college scholarships of as much as $3,000. Students who excel in Advanced Placement math and science exams are entitled to additional money. (SB 1688 by Sen. Richard Polanco, D-Los Angeles.)

Teacher pay--The minimum pay for public school teachers is now $34,000, a $2,000 increase. (SB 1643 by Sen. Jack O’Connell, D-San Luis Obispo.)

Pesticides--Schools must publicly disclose information about pesticides used on campuses. (AB 2260 by Assemblyman Kevin Shelley, D-San Francisco.)

Expulsions--Schools must request records showing what led to a student’s suspension or expulsion. A student’s new school must inform his or her teachers about those acts, which now include hate crimes and threats. (AB 29 by Assemblyman Robert Pacheco, R-Walnut.)

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COLLEGES

Cal Grants--The Cal Grant program is expanded, becoming the nation’s largest state financial aid program. Every student who has a 2.0 grade-point average, meets income requirements and applies by March 2 not more than a year after graduating from a California high school is eligible. Students with a 3.0 grade-point average who meet other requirements can receive larger grants. (SB 1644 by Sens. Deborah Ortiz, D-Sacramento, and Chuck Poochigian, R-Fresno.)

Fees--Children of military personnel stationed in California can pay lower fees when they attend state colleges and universities, rather than the higher fees imposed on non-California residents. (AB 1346 by Assemblyman George Runner Jr., R-Lancaster.)

Open meetings--Student organizations at Cal State campuses must conduct their business in open public meetings. (AB 1857 by Assemblywoman Gloria Romero, D-Los Angeles.)

HEALTH CARE

Glaucoma--Optometrists can begin prescribing antibiotics for eye infections and medication for certain types of glaucoma. (SB 929 by Sen. Richard Polanco, D-Los Angeles.)

Clinical trials--State agencies conducting clinical trials must include minorities and women older than 40 as subjects when possible. (AB 2038 by Assemblywoman Elaine White Alquist, D-Santa Clara.)

HIV specialist--Health plan enrollees with HIV or AIDS must receive a standing referral to a specialist until Jan. 1, 2004. (AB 2186 by former Assemblyman Martin Gallegos, D-Baldwin Park.)

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Reproductive health--Health care plans, disability insurers and Medi-Cal-managed plans are required to inform potential enrollees in writing that some hospitals and other providers do not offer reproductive health services. (AB 525 by Sen. Sheila Kuehl, D-Santa Monica.)

Chlamydia--The state’s definition of venereal disease has been expanded to include chlamydia. Physicians may now provide prescription antibiotic drugs to a sexual partner of a person with chlamydia without examining the partner. (SB 648 by Sen. Deborah Ortiz, D-Sacramento.)

Occupational therapy--California’s 8,500 occupational therapists--defined as those who use “purposeful and meaningful goal-directed activities which engage the individual’s body and mind in meaningful, organized and self-directed actions”--must now be licensed. (SB 1046 Sen. Kevin Murray, D-Culver City.)

CRIME and PUNISHMENT

Racial profiling--It is against the law for police to engage in racial profiling of motorists. Every officer in California must receive training in recognizing and preventing such practices. (SB 1102 by Sen. Kevin Murray, D-Culver City.)

Witnesses--Witnesses who fail to report the murder or rape of a child 14 or younger, or a lewd act against such a child, can be charged with a misdemeanor and face a $1,500 fine. (AB 1422 by Sen. Tom Torlakson, D-Antioch, former assemblyman.)

DNA--Felons who say they were wrongly convicted are entitled to a DNA test if they can demonstrate that the test result would have led to a different verdict or more favorable sentence. (SB 1342 by Sen. John Burton, D-San Francisco.)

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More DNA--Law enforcement officials may take DNA samples from criminal suspects who have been charged and compare it to DNA collected at the scene of unsolved crimes. (AB 2814 by Sen. Mike Machado, D-Linden, former assemblyman.)

Still more DNA--As long as certain conditions are met, prosecutors trying to solve a rape case with a DNA sample face no deadline in bringing charges against a suspect, even years after the crime. (AB 1742 by Assemblyman Lou Correa, D-Anaheim.)

Wrongful convictions--The state must pay those wrongly convicted of a crime $100 for each day spent in prison. (AB 1799 by former Assemblyman Scott Baugh, R-Huntington Beach.)

Parole--In weighing whether an inmate is suitable for parole, the Board of Prison Terms must determine whether battered woman’s syndrome--striking back against an abusive mate--might have motivated the inmate to commit the crime. (SB 499 by Sen. John Burton, D-San Francisco.)

Stalking victims--Stalking victims, like victims of domestic violence, can use the secretary of state’s office as their mailing address so they can keep their residence confidential. (SB 1318 by Sen. Dede Alpert, D-Coronado.)

Pedophiles--Adults who lure a minor away from home by using the Internet, telephone or other means can be charged with a misdemeanor and fined. (AB 2021 by Assemblyman Darrell Steinberg, D-Sacramento.)

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Gay jurors--Gays and lesbians cannot be excluded from juries because of their sexual orientation. (AB 2418 by Assemblywoman Carole Migden, D-San Francisco.)

Juror pay--The pay for jurors is raised to $15 a day, from $5. (AB 2866 by Assemblywoman Carole Migden, D-San Francisco.)

Judicial pay--State judges will get an 8% pay raise. The chief justice of California will be paid $170,312 a year, followed by Supreme Court associate justices, $162,409; appellate district justices, $152,261; Superior Court judges, $133,052; and Municipal Court judges, $121,504. (AB 2884 by Sen. Sheila Kuehl, D-Santa Monica.)

GUNS

Unsafe guns--Under a bill passed in 1999, it is illegal as of Jan. 1 to sell, transfer or manufacture new handguns unless they pass safety tests. Among the tests, weapons must not fire when they are dropped from a height of 39 inches. The Department of Justice must publish a list of the guns that pass the tests. (SB 15, by Sen. Richard Polanco, D-Los Angeles.)

Toy guns--Toy guns sold in California must be bright orange or green or a combination of both. The law’s intent is to prevent the shooting of children by police who believe a toy gun is the real thing. (AB 2053 by Assemblyman Herb Wesson, D-Culver City.)

Olympic guns--Olympic-style target pistols are exempt from restrictions on assault weapons and unsafe guns. Such guns must be approved by the International Olympic Committee and USA Shooting, the governing organization for international shooting competition. (AB 2351 by Assemblywoman Charlene Zettel, R-Poway.)

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Machine guns--A loophole has been eliminated that had allowed the sale and possession of a trigger mechanism that changed semiautomatic firearms into illegal machine guns. (AB 1961 by Sen. Mike Machado, D-Linden.)

CARS, DRIVERS and BOATING

Vision and health--A new minimum vision requirement has been established for a California driver’s license. And the DMV must test drivers who are reported by a physician, police officer or family member to have a physical condition that may impair their ability to drive safely. (SB 335 by Sen. Tom Hayden, D-Los Angeles.)

Handicap signs--The fine is now $250 for fraudulently or otherwise misusing license plates or parking placards for disabled drivers. The DMV can audit applications to verify disability information. (AB 1792 by former Assemblyman Antonio Villaraigosa, D-Los Angeles.)

Road rage--In addition to criminal penalties, motorists convicted of “road rage” assaults will face suspension of their driver’s licenses for six months for the first offense and a year for the second. (AB 2733 by Assemblyman Herb Wesson, D-Culver City.)

Pedestrian safety--Motorists who injure pedestrians will face fines of $594 instead of $103. Drivers who pass another vehicle at a crosswalk face fines of $270, up from $104. (AB 2522 by Assemblyman Kevin Shelley, D-San Francisco.)

Special plates--Breast cancer treatment organizations, Girl Scouts and Rotary International now can sponsor special license plates for fund-raising purposes. (SB 193 by Sen. Richard Polanco, D-Los Angeles; AB 700 by Assemblywoman Helen Thomson, D-Davis; AB 1129 by Assemblyman Dick Ackerman, R-Fullerton.)

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Low-polluting cars--People who buy or lease zero-emission vehicles can receive grants of $3,000 to help defray the costs. (AB 2061 by Assemblyman Alan Lowenthal, D-Long Beach.)

Life jackets--Children under age 12 must wear life jackets when they are on boats 26 feet long or less. People riding personal watercraft must also wear life vests. (AB 2538 by former Assemblywoman Marilyn Brewer, R-Newport Beach.)

VOTING

Registration--Voters have until 15 days before an election to register, a change from 29 days. (AB 1094 by Assembly Speaker Bob Hertzberg, D-Sherman Oaks.)

Independents--Political parties may permit voters who decline to state a party preference to vote in primaries. (SB 28 by Sen. Steve Peace, D-El Cajon.)

INSURANCE

Northridge--Victims of the Northridge earthquake have until January 2002 to file claims against their insurance policies, as long as they had contacted their insurance companies before January 2000. (SB 1899 by Sen. John Burton, D-San Francisco.)

Genocide--Victims and heirs of victims of the Armenian genocide are entitled to the same insurance beneficiary rights as victims of the European Holocaust. (SB 1915 by Sen. Chuck Poochigian, R-Fresno.)

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Slavery--Insurance companies must submit to the state Insurance Commission any information about slaveholder policies they provided. The commissioner must publicly disclose the information, and hold hearings to determine whether there is a legal basis to compensate descendants of slaves. (SB 2199 by former Sen. Tom Hayden, D-Los Angeles.)

Medical information--Consumer credit reporting agencies cannot furnish medical information for insurance purposes without the consent of the consumer. (SB 2166 by Sen. Byron Sher, D-Stanford.)

CONSUMER ISSUES

Privacy--Businesses must destroy customer records containing personal information by shredding them, erasing them or rendering them unreadable. Consumers can sue firms that don’t comply. (AB 2246 by Assemblyman Howard Wayne, D-San Diego.)

Credit cards--Credit card companies must give consumers the chance each year to decline to have their personal information disclosed, either by calling a toll-free number or returning a written form. (AB 2869 by Sen. Mike Machado, D-Linden.)

Rent hikes--Landlords must give tenants 60 days’ notice, rather than 30 days, when they raise rents more than 10%. (SB 1745 by Sen. John Burton, D-San Francisco.)

Hair braiders--Professional hair braiders don’t need a cosmetology license to practice their trade. (SB 235 by Sen. Ray Haynes, R-Riverside.)

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Sweepstakes--Those phony checks that come in the mail and make you think you’ve won $10 million are illegal now. (AB 1816 by Assemblyman Howard Wayne, D-San Diego.)

Identity theft--Victims of identity theft can obtain police reports and other assistance from law enforcement and the courts in trying to clear their names. (AB 1897 by Rep.-elect Susan A. Davis, D-San Diego, former assemblywoman.)

Lemon law redux--Manufacturers will have just two chances--rather than four--to fix a life-threatening defect on a vehicle before the car is declared a “lemon.” Then the car must be replaced or the owner’s money refunded. (SB 1718 by Sen. Byron Sher, D-Stanford.)

Hidden fees--Starting July 1, car dealers must disclose on their Internet sites that added costs may be imposed on a vehicle’s advertised price, such as sales tax, registration fees and finance charges. The disclosure has been required in newspaper ads. (SB 2060 by Sen. Jackie Speier, D-Hillsborough.)

FOOD, WINE and FARMS

Napa wine--No winemaker can use “Napa” on its label unless 75% of the grapes used in the wine come from Northern California’s Napa Valley. (SB 1293 by Sen. Wes Chesbro, D-Arcata.)

Milk marketing--Milk retailers can now offer previously prohibited promotional activities, including coupons, sweepstakes and cross-promotions. Selling below cost remains illegal. (SB 1831 by Sen. Jim Costa, D-Fresno.)

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Frogs--Local governments have the option of regulating the sale of live frogs and turtles, widely used in Chinese and other Asian cuisine, in food markets. (AB 238 by former Assemblyman Mike Honda, D-San Jose.)

Bugs--California counties can use $6.9 million to contain, research and control the glassy-winged sharpshooter, a leaf-hopping insect that carries the bacterium that causes Pierce’s disease. Grapevines are particularly susceptible to the plant-killing disease. (SB 671 by Sen. Wesley Chesbro, D-Arcata.)

ENVIRONMENT

Global warming--Businesses that reduce emissions voluntarily can receive credits from the state, to be used after the United States and other countries agree to a strategy to reduce global warming. (SB 1771 by Sen. Byron Sher, D-Stanford.)

Beach closures--Local health officers must disclose in monthly surveys beach postings and closures resulting from the failure of a shoreline to meet bacteriological standards. The state Water Resources Control Board must make the information on the closures available to the public. (AB 1946 by Assemblyman Howard Wayne, D-San Diego.)

Tire fee--Those who buy new tires must pay a special fee of $1 each--four times the previous fee--as part of a program to eliminate illegal waste tire piles, which can catch fire, contaminate ground water and attract mice and rats. The fee is supposed to drop to 75 cents per tire in 2007. (SB 876 by Sen. Martha Escutia, D-Whittier.)

Chromium 6--The state Department of Health Services must determine chromium 6 levels in drinking water supplied by San Fernando Valley aquifers, assess the risks to the public and report its findings to the governor and Legislature by Jan. 1, 2002. (SB 2127 by former Sen. Adam Schiff, D-Burbank.)

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Save the krill--It is now illegal to commercially fish for krill. Marine biologists fear that over-fishing of krill, which are at the bottom of the food chain, could damage the entire ocean ecosystem. (AB 2482 by Assemblywoman Virginia Strom-Martin, D-Duncans Mills.)

Terrorism--In response to “eco-terrorism acts” at UC campuses, people who willingly destroy field crops being tested or developed under contract with a state college or government agency are liable for up to twice the value of research, testing and development costs of the damaged or destroyed crop. (AB 2510 by Assemblywoman Helen Thomson, D-Davis.)

CHILDREN and FAMILIES

Child safety--Effective Jan. 1, 2002, children in motor vehicles must be secured in a safety seat unless they are 6 or older or weigh 60 pounds or more. Currently, children younger than 4 or weighing less than 40 pounds must be fastened in a car seat. (SB 567 by Sen. Jackie Speier, D-Hillsborough.)

Abandoned babies--A parent can give an infant 3 days old or younger to a hospital emergency room employee with no questions asked and no threat of prosecution. (SB 1368 by Sen. Jim Brulte, R-Rancho Cucamonga.)

Breast-feeding--Mothers who are breast-feeding a child may postpone jury duty for one year. (AB 1814 by former Assemblyman Ted Lempert, D-San Carlos.)

Uninsured parents--Beginning July 1, eligibility for the Healthy Families Program, which provides health care to low-income children, will be expanded to include the children’s parents, assuming state and federal funds are available. (AB 1015 by former Assemblyman Martin Gallegos, D-Baldwin Park.)

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SENIORS

Pets--Condominiums and mobile home parks must allow tenants to keep at least one pet, subject to some restrictions. Backers of the bill say people with pets live longer and recover more quickly from illness. (AB 860 by Assemblywoman Helen Thomson, D-Davis.)

Senior housing--A disabled child or grandchild may reside with an elderly person living in a senior housing community. (SB 2011 by Sen. Martha Escutia, D-Whittier.)

Nursing homes--The maximum fine against nursing homes found culpable in the death of a patient has been quadrupled to $100,000. And it is easier for the Department of Health Services to revoke an owner’s license. State inspectors must now check out serious complaints within 24 hours. (AB 1731 by Assemblyman Kevin Shelley, D-San Francisco.)

Senior housing--Elderly people and their families can obtain information through the new Senior Housing and Information Support Center on housing options and home modifications designed to allow seniors to live on their own or with family members. (AB 1846 by Assemblyman Alan Lowenthal, D-Long Beach.)

Alzheimer’s care--Workers employed at nursing homes that advertise special skills in caring for Alzheimer’s disease and dementia must undergo at least six hours of targeted training each year. (AB 1753 by Assemblywoman Gloria Romero, D-Los Angeles.)

LABOR

Harassment--An employee who sexually harasses a co-worker faces liability, regardless of whether the perpetrator is the co-worker’s supervisor. (AB 1856 by Sen. Sheila Kuehl, D-Santa Monica.)

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Cesar Chavez--State workers get a new paid holiday--March 31--in honor of labor leader Cesar Chavez. (SB 984 by Sen. Richard Polanco, D-Los Angeles.)

Disabled workers--Employers’ ability to require medical and psychological tests of employees is more limited. They also must make more efforts to accommodate disabled employees. (AB 2222 by Sen. Sheila Kuehl, D-Santa Monica.)

Union fees--Community college and public school employees who are not members of a union but benefit from union contract negotiations must pay a “fair-share” fee for union services. (SB 1960 by Sen. John Burton, D-San Francisco.)

*

This report was prepared by Times staff writers Miguel Bustillo, Carl Ingram, Dan Morain, Julie Tamaki, Rone Tempest and Jenifer Warren.

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