New Laws for 2009

The New Year always sets the stage for new laws to kick in and January 1, 2009 will be no exception.

• No more cell-phone texting while driving - A new law, close on the heels of the ban on cell phones while driving, provides that a person may not “write, send or read a text-based communication” while driving (the ban does not apply to passengers). However, dialing a cell phone is explicitly excluded from the ban provided the driver uses a hands free device for the ensuing call. Violation of the law constitutes an infraction, and carries a fine of $20 fine for the first offense and $50 for repeat offenders. (California Senate Bill 28)
   
• Tougher penalties for drivers on probation for any DUI conviction - Drivers on probation for any DUI conviction will face zero tolerance if they drive on California highways with a blood or breath alcohol concentration of .01% or higher. The driver will be subject to an automatic license suspension and a possible vehicle impound. (California Assembly Bill 1165 / Vehicle Code §23154)
   
• Anti-smoking ban - A new law makes it an infraction for anyone to smoke a pipe, cigar or cigarette in a car, whether in motion or at rest, if there is a minor inside. (California Senate Bill 7)
   
• Animal abandonment - A new animal abandonment law states that landlords and REO lenders must take charge of abandoned animals left behind on properties that have been vacated following the termination of a rental agreement or property foreclosure. It requires them to notify an animal control officer immediately, who will then retrieve and take possession of the animal until it is deemed to be in a suitable condition to be returned to the owner. The bill also authorizes animal control officials to secure a lien upon the animal for the purpose of recovering the costs of rescuing it. (California Assembly Bill 2949)
   
• Requirement to cover pool drains - A new law (which went into effect Dec. 19, 2008) requires that all pool drains must be properly covered. This is a red alert to apartment and condo owners, who may still need to equip their pool and/or spas with anti-entrapment drain covers. The law was enacted to help prevent children and others from being injured or drowning via an open pool or spa drain. (California Senate Bill 1771)
   
• Elder abuse - A new law pertaining to elder care is designed to encourage people to come forward with suspicions of elder abuse. The law requires ombudspersons at long-term care facilities to report cases of alleged or suspected physical abuse, including sexual abuse, financial abuse and theft to the local district attorney’s office. (California Assembly Bill 2100)
   
• Termination of tenancy in cases of domestic violence, sexual assault or stalking - A new law allows a tenant to terminate a tenancy with a 30-day written termination notice, if it also informs the landlord that the tenant or a household member has been a victim of domestic violence, sexual assault, or stalking. The tenant must attach to the notice a copy of a temporary restraining order, emergency protective order, or police report issued within the last 60 days. The tenant is also entitled to a proration of the last month’s rent if, within those last 30 days, the tenant vacates and the landlord re-rents the premises to a new tenant. This law actually went into effect Sept. 28, 2008 and will sunset on Jan. 1, 2012. (California Assembly Bill 2052) 

Additional Laws on the Books... 

• DTV - Beginning February 17, 2009, all consumer using an analog TV will be required to have a digital-to-analog converter box to continue watching broadcasts. This congressional mandate is being undertaken to free up the air waves so that more of the broadcast spectrum can be used for public safety communications; other parts of the spectrum will be auctioned to companies for more advanced wireless services (such as wireless broadband).  For more information, click here.
   
• "Sharps" Disposal Law - On September 1, 2008, it became illegal to dispose of home-generated syringes in your trash, recycling bin, or composting bin. This applies to syringes used for both human and pet medical care. Needles are dangerous because they can injure people, spread germs and disease (hepatitis and HIV/AIDS), and require people to be tested for years for HIV and hepatitis if they are stuck. (California Senate Bill 1305). For more information, click here.