I have only one New Year's Resolution this year: to get the hell OUTTA here! (Losing weight doesn't count as a resolution, right? It comes preprinted on the form?
)
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/12/30/MNGD3AJ1DU1.DTL--------------------------------------------------------------------------------
'05 brings several new laws to state
Kids under 6 won't be allowed to ride in cars' front seats
John M. Hubbell, Chronicle Sacramento Bureau
Thursday, December 30, 2004
Sacramento -- Children under the age of 6 or weighing less than 60 pounds will be banned from the front passenger seats of most autos and required to be safely restrained in the back seat beginning Saturday, one of a handful of laws set to touch the lives of Californians as 2005 begins.
The state faces a raft of new policies and prohibitions passed this year -- from a crackdown on deceptive spam to a ban on declawing exotic cats to a requirement that motorists drive with lit headlights during daytime foul weather.
The law that could change the driving habits of parents who now think little of letting a young child ride in the front seat was actually passed and signed in 2003 by former Gov. Gray Davis, but it was not scheduled to take effect until 2005.
Police and youth safety advocates consider the presence of young children in the front seat dangerous, made more so by the advent of passenger-side air bags calibrated for adults that can injure or decapitate a child.
Starting Saturday, unless a vehicle lacks rear seats -- or if children are already crowded into the back -- state drivers could face a first-time ticket of $100 and subsequent fines of $250 if a child less than 6 years in age, or weighing under 60 pounds, is not properly secured there.
"As usual, California is the leader in this type of life-saving legislation," said Janette Fennell, founder and president of Kids and Cars, a Leawood, Kan., child advocacy group. "This one is a very good law and is trying to minimize the death and injuries to young children."
The new law is exceptional for its wide impact at the close of a year in which politicians new and old might have been expected to make a bigger mark legislatively. Gov. Arnold Schwarzenegger completed his first bill-signing session by vetoing 273 of the 844 bills sent to him, and did not try to advance an aggressive legislative agenda of his own. And several veteran lawmakers, including progressive Democrats from the Bay Area now out of office due to term limits, did not push much far-reaching social legislation in their last session.
That means the collective imprint of the Legislature and Schwarzenegger looks to be largely limited as 2005 dawns, with the majority of the state's new laws limited in scope and addressing sometimes quirky issues.
Elsewhere on the road, for instance, it becomes illegal Saturday to operate motorized scooters without a California driver's license or learner's permit. Modifying the scooters to increase their noise -- or riding them after dark, or on freeways -- will also be outlawed.
Also in 2005, every driver must turn on their vehicle's headlights during the daylight hours if they also find the need to use windshield wipers continually.
Such small-scope legal tweaks are symptomatic of a state mired in an $8 billion deficit and other political realities, said Barbara O'Connor, professor of political communication at California State University Sacramento.
"When you have a governor that will absolutely not approve any revenue increases except for fees, and you have a change in leadership and they're dealing with a huge deficit and playing all kinds of games, there really is not room for major policy shifts," she said.
There are other exceptions. Beginning Saturday, it becomes illegal for California insurance companies to offer health insurance benefits not inclusive of gay and lesbian employee partners.
Another new law allows state residents and Internet service providers to sue e-mail spammers for $1,000 if they receive messages that either make false claims or carry fake return addresses.
"This is certainly one of the few laws that allows ordinary citizens to take spammers to court," said David Kramer, a Palo Alto attorney who specializes in Internet-related issues. While no cure-all for the deluge of mysterious messages clogging cyberspace, he said, the new law "ensures legitimate companies will pay more attention to their e-mail marketing practices. And it creates a potential army of enforcers who may choose to go after them."
California also changes a few social policies Saturday. Those convicted of drug possession or use will no longer be banned from receiving food stamps. And in an attempt to stem the drug-related spread of disease, pharmacies will be able to sell up to 10 sterile syringes without a prescription with the consent of local governments.
Privacy protections will expand as cellular phone companies will be blocked from placing numbers in directories without a customer's OK. And state government agencies -- including public colleges and universities -- will no longer be able to use Social Security numbers for identification purposes.
In politics, California's primary will move from March to June -- a change that officially occurs Saturday but has no practical implications until the 2006 elections.
Meanwhile, gun enthusiasts will find the sale of .50-caliber guns banned and their ownership restricted to those who have already purchased them. Children under 14 will need a doctor's note to slip into a tanning booth. Video-game retailers must avail customers of a ratings system that can guide their purchases. And the de-clawing of a wild or exotic cat used in entertainment becomes a misdemeanor.
Two new laws affecting military personnel are attuned to the reality of a nation whose forces remain deployed in large scale in the Mideast.
One enables California to pay $10,000 to a beneficiary of any member of its National Guard who dies in the line of duty. Payment hinges on the passage of fiscal appropriations legislation this year, according to state Finance Department officials. Nine guardsmen have died in the Iraq conflict so far, and the law calls for payments to their families to be made retroactively.
Another allows soldiers stationed overseas in a conflict to be married by proxy.
The law took effect immediately upon passage in September, but may see more use this year: The state has more than 6,100 National Guard soldiers on active duty, 4,000 of whom are in Iraq, said Guard spokesman Lt. Col. Doug Hart. Both numbers, he said, are expected to grow in 2005.
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2005 legal changes
Some of the major laws that take effect as the new year arrives Saturday:
-- Child passengers: With some exceptions, children under 6 years old or 60 pounds are prohibited from riding in front passenger seats.
-- Spam lawsuits: Californians can sue Internet spammers for $1,000 if they receive e-mail advertisements from them that make untruthful claims.
-- Cell phone privacy: Cell phone companies cannot place numbers in directories without the user's OK.
-- Domestic-partner insurance: Insurance companies in California must include the partners of gay and lesbian employees in coverage plans.
E-mail John M. Hubbell at
jhubbell@sfchronicle.com.
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