New Laws Take Effect January 1, 2010

PALM DESERT – A long list of new laws take effect on January 1, 2010. Here is a list of a few of the highlights:

Harvey Milk Day 2010: California Law Stipulates May 22 SB572institutes an official Harvey Milk Day on May 22nd. It includes a provision that encourages public schools to hold commemorative exercises that familiarize students with Harvey Milk’s accomplishments and the contributions he made to California.

Recognition of Same Sex Marriage (minus the designation) SB54 specifies that same sex marriages are recognized in California. The marriages must meet one of two qualifications: a) they must have been entered into legally during the period of time when California offered gay marriage; b) they must have taken place before 11-05-2008 in a state that legally performs same sex marriage.

Lead Free Faucets Beginning January 1, 2010, it is illegal to sell faucets (fittings and also replacement parts) in California that contain more than ¼% of lead. Until December 31, 2009, the legal limit is 8%. This legislation was actually signed back in 2006 and is known as AB1953. Homeowners may notice that it will be virtually impossible to purchase replacement parts for their current faucets and likely will have to incur the expense of a complete faucet exchange.

Personal Sex Offender Info to be Published for Anyone Convicted of Felony Child Pornography Involving Victims Younger Than 16 Signed into law in September of 2008, SB1187 is one of the new California laws that go into effect January 1, 2010. Anyone convicted of felony child pornography charges will soon see his (or her) name, photograph, physical description, address, and criminal history on the California Megan’s Law website.

Increase in Homestead Exemption in Bankruptcy Filing In the past, the California homestead exemption was $50,000 for a single person, $75,000 for a married couple and $150,000 for the disabled and the elderly. As of January 1, 2010, the homestead exemption increases across the board by $25,000 each, courtesy of AB1046.

Anti-Paparazzi Claims Make Publishers of Photos Liable If you are a paparazzo, you may soon cost the first publisher of your photos a pretty penny. AB524 states that a publisher, who causes (or condones) a paparazzo in pursuit of photos or audio recordings to engage in behavior that a reasonable person would define as offensive, is liable for fines between $5,000 and $50,000. This law has the heaviest impact on publishers in search of first time publication rights.

Office/Friendly Betting PoolsAB 58: It is now an infraction to participate in a betting pool with less than $2,500 at stake.

Domestic Violence InvestigationsAB 532: Allows police to obtain a search warrant to seize guns or other deadly weapons from within a house after a report of domestic violence or a mental health incident.

DUI Offenders and LicensesSB 598: Will give a reported DUI offender the opportunity to apply for a restricted driver’s license with an ignition interlock device placed on their vehicle.

Pay-By-Plate toll RoadsAB 628: This new law permits vehicular crossings and toll highways operating in California to use a pay-by-plate toll system where motorists are identified by their vehicle license plate and billed or the toll is deducted from the Automatic Vehicle Identification account. This law also provides that it is evidence of a violation for a person to enter a vehicular crossing or toll highway without at least one of the following: money in an amount to pay the prescribed tolls and transponder or other electronic toll payment device associated with a valid AVI account or a valid vehicle license plate properly affixed to the vehicle in accordance with current law.

In-Car Televisions/DVD PlayersTelevision Broadcast or Video Signal (AB 62 Portantino) This new law allows a person to drive a motor vehicle with a television receiver, video monitor, television or video screen, or any other similar means of visually displaying a television broadcast or video signal if the equipment is designed, operated and configured in a manner that prevents the driver of the motor vehicle from viewing the television broadcast or video signal while operating the vehicle in a safe and reasonable manner.

Cow TailsSB 135 makes it a misdemeanor to chop off a cow’s tail, except for when it’s medically necessary.

Gang Members at SchoolsSB 492 hikes fines and jail time for registered gang members who hang around schools within 72 hours of having been warned to scram. A conviction could result in up to a year in jail.