|
In This Issue...
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A Slew of New Laws Introduced in California and Santa Cruz County this Month
|
|
|
|
|
|
|
|
A Slew of New Laws Introduced in California and Santa Cruz County this Month
By Judith Wellner
The New Year has brought with it several changes in laws, smaller and more substantial ones alike.
There are also new regulations that affect many areas of life, from traffic regulations to marijuana laws. Others include new rules for pet owners, drivers and hybrid vehicle owners.
On the Roads
The “Move Over, Slow Down” law, authored by Senator Joe Simitian, requires drivers to change lanes and/or slow down if they see an emergency vehicle up ahead parked on the side of the freeway. In concept, this will allow more room for emergency personnel to work.
Such a law is intended to also make it safer for police officers, firefighters and paramedics to tend accidents along busy freeways. A year ago, CHP Lt. Michael Walker was killed setting out flares at the scene of a solo spinout on Dec. 31, 2005.
“The idea is to make the highway a little safer to the officers and personnel,” said California Highway Patrol officer Grant Boles. “We obviously fully support that law.”
He added that while it is hard to say how many accidents happen exactly as a result of drivers ignoring emergency vehicles parked on freeway shoulders or turnouts, it is safe to say that there have been a lot of close calls.
“We do a lot of work off the shoulders on the freeways,” Boles said. “The new law will help us a lot.”
Another new law increases the penalties for reckless driving or engaging in a speed contest on the roads.
“This [racing on the roads] has always been regulated, but the new law makes the penalties more severe,” said Boles.
According to new regulations, the mandatory suspension of drivers licenses for any first DUI offense when the driver's blood alcohol content (BAC) is .20 or higher, has been raised from six months to 10 months.
The new “zero tolerance” law states that drivers younger than 21 found with even a trace of alcohol in their system will be guilty of an infraction. The minimum fine is $100.
“In these cases it used to be that the driver's license was suspended for one year,” said Boles. “That regulation is still in effect. But now the drivers are criminally liable, while before it was a civil law.”
Riding in the trunk of a car is now also illegal in California.
Starting in the New Year, the DMV will make available 10,000 additional Clean Air stickers that authorize drivers of hybrids to use the carpool lanes even if there is only one person in the vehicle. Cars that qualify are Toyota Prius (2001-2007 models), Honda Insight (2002-2005 models) and Honda Civic Hybrid (2003-2007 models).
Using your cell phone while driving is still legal in 2007. However, according to the California Wireless Telephone Act, from July 1, 2008 drivers will have to use hands-free devices.
“Anything that creates inattention, whether it's the radio or a cell phone, can be very dangerous,” said Boles. “We are in full support of any law that makes inattention less likely.”
Local Roots in New Anti-Discrimination Laws
A group of the new laws has received many headlines this past year. Authored by Assemblyman John Laird (Dem.-Santa Cruz), the new laws take effect Jan. 1, and amend 17 housing-related nondiscrimination provisions. This legislation prohibits homeowners associations, landlords, and mortgage lenders from discriminating against customers or employees based on their race, sexual orientation, religion, marital status, disability, or national origin.
The bill was the third in a series of nondiscrimination bills Laird has worked on. These bills have been geared towards cleaning up the California Civil Rights code so it is consistent with the Unruh Civil Rights Act, which states that “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”
The bills attempt to even out the levels of protection that various social groups are granted.
“California Civil Rights law hasn't caught up with where the people of California are,” Laird said.
“It's my goal to make sure the law is as protective as Californians believe it should be.
It really does bring the law up to a common, more complete status.”
Laird started working on the bills in 2002 and introduced the first one in 2004.
On Dec. 6, 2006 he introduced the fourth bill in the series, which is likely to take effect a year from now.
“When I embarked on this, there were 144 inadequate sections in the California Civil Rights law,” said Laird. “First year I dealt with 31 sections on employment non-discrimination issues. The bill I introduced in December deals with 51 sections and is mainly about businesses.”
Other New Rules and One Pending
Penalties for child molesting and sexual assault are now much higher than they used to be.
There are also severe consequences for pet owners who endanger their animals. Penalties for pet owners who leave their animals in cars parked in the sun have increased. And a new law prohibits tying a dog to a stationary object for more than three hours.
Most of the laws that affect the residents of Santa Cruz County are regulated at the state level. There is, however, a regulation that is specific to Santa Cruz City residents.
Over 63 percent of voters passed Measure K, the initiative that will make adult, personal marijuana use the lowest law enforcement priority for the Santa Cruz Police Department. The new rule will take effect in February within Santa Cruz city limits.
Santa Cruz County District Attorney Bob Lee added that another new law authorizes officers to hand victims of crimes a card outlining their rights.
“It's so hard to be a victim anyway that we should inform them of their rights,” Lee said. “They should know that they have a right to an advocate, for instance. Or that the state will pay for certain fees, or that they have the right to get reimbursed, for instance, to be a witness. This is why the victim rights card is so important.”
Before the law can take effect in the county, it will have to be adopted by the Board of Supervisors and would only apply to the Santa Cruz County Sheriff's Office. However, Lee can also go before local city councils to ask that city police departments carry and pass out the cards.
“I'm going to go to the [board] in February,” said Lee. “Then, hopefully the law can be adopted. I think it's a great law.”
|
