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The Santa Ynez Valley Journal

December 31, 2008

New laws to hit the books in 2009

By Leah Etling

Californians may have more than resolutions to look forward to in the new year the latest slew of laws are slated to go into effect in January.

Here are some of the updated state regulations put into place by lawmakers.

• No texting while driving. Tickets can be issued by law enforcement if you are not using a hands-free device to operate your cell phone while driving.

According to the California Department of Motor Vehicles, the law applies to electronic wireless communications devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message or electronic mail.

Violating this law is punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. With the addition of penalty assessments, fines can be more than triple the base fine amount.

• A new law aims to prevent serial litigation over disability access to businesses and homes. It is expected to help employers and rental property owners.

The law regulates damages in lawsuits, limiting them to situations where access was personally denied to the plaintiff and preventing serial suits against multiple plaintiffs.

• Stricter regulations for drivers on probation for a Driving Under the Influence (DUI) conviction are going into effect. Zero tolerance in arrests and sentencing will be extended to such persons found to have a blood or breath alcohol level of .01 percent or higher, if they already have been convicted of a DUI.

• Drivers who are convicted of driving with a blood alcohol level of .15 or higher may be subject to the installation of vehicle ignition interlock devices in their cars to prevent them from driving drunk. The DMV will administer the program starting in July.

• Forging Clean Air stickers will be a crime, as will be selling or possessing one of the decals. Violators are subject to infractions.

• Misusing 911 or allowing another person to use the emergency phone system for a crank call or false alarm will be subject to fines.

• Assault and battery of Caltrans workers on the job will have stricter punishments.

• Drivers with license plates denoting their service as a Pearl Harbor Survivor, American Prisoner of War, recipient of the Legion of Valor medal, Congressional Medal or Honor or Purple Heart will be allowed to park in metered spaces for free.

• Global positioning systems in cars will be required to be placed in a 7-inch square space on the bottom of a car’s passenger side window, or a 5-inch square space on the driver’s side window.

• The use of phthalates, some types of which are known reproductive toxins, is banned in products for young children. Plastics often contain phthalates because they help make them soft. Children’s products cannot contain more than one-tenth of one percent of the chemicals.

• Several new laws involving real estate transactions are going into effect due to the housing/economic crisis. Among them, the listing or selling agent of a property who also arranges the financing for the sale must disclose that role to everyone involved with the transaction.

Also, real estate agents and brokers will have to put their licensing number on any materials they hand out to the public, including brochures, stationary and business cards.

This story includes reports from the Associated Press. Reach Leah Etling at letling@syvjournal.com.