kstyle.diaryland.com Thursday, Jan. 09, 2003

it's the law!
12:21 a.m.

here's some new laws that went into effect in california on january 1st...

Following is a list of some of the new laws most likely to have a direct effect on the public. The summary descriptions of what the laws will accomplish are provided by the Senate Office of Research.

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Child safety

Those under age 18 will be required to wear a helmet when operating in-line skates, roller skates, nonmotorized scooters and skateboards. In addition, youngsters riding as passengers on scooters and skateboards must wear a helmet. (SB 1924).

School districts will be allowed to set their own policies on cell phone and pager use by students, eliminating a statewide prohibition. The action was taken out of concern that students could use the devices to alert authorities in the event of danger on a school campus. (SB 1253)

A school principal will be required to notify parents and all school employees if a violent crime has occurred on the school site. (AB 2198)

Students will be permitted to apply sunscreen during the day without a doctor's note or prescription. (SB 1632)

The state Board of Education must adopt maximum weight standards for school textbooks. The action was taken out of concern that excessively heavy backpacks are causing back injuries among students. (AB 2532)

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Consumer protection

Retailers, cable television operators and utility companies must provide consumers with a mutually agreed upon four-hour window in which to make a service call at the consumer's home. (SB 500)

Magazine distributors must clearly place the subscription expiration date on all renewal notices mailed to subscribers. (AB 1753)

A business that has filed for bankruptcy protection must honor a gift certificate issued prior to the bankruptcy filing. (AB 2473)

Businesses are prohibited from transmitting unsolicited advertising text messages to consumers with cell phones or pages with text-messaging capabilities. (AB 1769)

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Renters and condo owners

Homeowner associations may not limit or prohibit residents from displaying an American flag, unless the display creates a public safety hazard. (SB 2032)

Landlords must give 60 days notice of their intent to evict a tenant without cause. (SB 1403)

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Workplace issues

Farm workers who have voted to form a union but fail to obtain a contract within a year will have the right to request the Agricultural Labor Relations Board to order mandatory mediation of the dispute. The law limits the number of contracts that can be mediated under this provision to 75, and it will sunset at the end of 2007 unless extended by the Legislature. (SB 1156)

Employers, who are already prohibited from discriminating against older workers in hiring and firing decisions, will now be barred from discriminating against them in regard to other employment conditions. The law stems from a court decision which held existing law did not prevent a company from offering employer-paid education benefits to younger workers but not to those over 40. (AB 1599)

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Maternity

Managed health care insurers will be prohibited from charging higher co-payments or deductibles for hospital maternity services than they charge for other medical conditions. (SB 1411)

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Animal protection

Makers of engine coolants or antifreeze must include a chemical additive with a bitter taste to help prevent poisoning of animals. (AB 247)

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Elder care

Nursing homes must contact a person designated by a resident or the resident's family within 24 hours of a significant change in the resident's physical or mental condition. (AB 1989)

The maximum penalty is doubled from six months to one year of incarceration for the crime of battery against an elder or dependent adult. (AB 2140)

Continuing care communities must make available to residents copies of their budgets for the past two years plus the results of a resident-satisfaction survey at least 14 days before a meeting to consider increases in the monthly care fee. (SB 309)

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Prescription drug discounts

A state policy that requires pharmacists to charge Medicare beneficiaries a price no higher than the state-negotiated rate for Medi-Cal beneficiaries will be extended. In addition, the Department of Health Services will be required to conduct an outreach program to inform Medicare beneficiaries of the discount program. (SB 1278)

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Spousal support

It will be a crime for ex-spouses who are under court order to pay spousal support to flee the state in an effort to avoid paying it. (SB 1399)

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Domestic partners

Surviving domestic partners will be able to inherit their partner's separate property in the same manner as a surviving spouse in the case of a decedent who does not leave a will. This law will not take effect until July 1. (AB 2216)

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Dietary supplements

All dietary supplements that include ephedrine must carry a conspicuous label detailing health concerns relating to its use. The law also prohibits the sale of such dietary supplements to minors. (SB 1884)

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Taxes

State tax law is changed to conform to recent federal changes that allow for greater annual contributions to tax-deferred savings plans. The changes take effect for the 2002 tax year, so they can be noted on returns taxpayers must file before April 15. The maximum allowable contributions are increased as follows: to an Education IRA, from $500 to $2,000; to a standard IRA or Roth IRA, from $2,000 to $3,000; to a 401(k) plan, from $10,500 to $11,000. For those over age 50, the maximum allowable contribution to a standard or Roth IRA will rise to $3,500.

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