Laws Of 2009

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Text-Messaging Ban: 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)

Anti-Smoking Ban: This 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)

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)

Temporary Operating Permit Fees: This law limits the issuance of temporary operating permits to those individuals whose vehicles have yet to pass a smog check. The law calls for a $50 fee for one 60-day temporary operating permit only if the vehicle has been tested at a smog station and failed.

"This new law ensures that vehicles on our highways are properly registered and maintained," said DMV Director George Valverde. "We also support efforts to reduce emissions which keep Californians healthy."

In the past, owners were able to secure a temporary operating permit for 60 days or more if, after paying their renewal fees on time; they were unable to get a smog certificate for any reason. The continued operation of vehicles that have not met California's smog test requirements is estimated to be emitting one to two tons per day of hydrocarbons and oxides of nitrogen. (California Assembly Bill 2241)

Counterfeit Clean Air Stickers: This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane. (California Senate Bill 1720/Lowenthal)

Animal Abandonment: This 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)

Termination of Tenancy in Cases of Domestic Violence: 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)

Ban on Toys an Childcare Products Containing Phthalates: Toys and childcare products containing excessive levels of phthalates cannot be sold or distributed in California after January 1, 2009, no matter when or where they were manufactured. Phthalates are used to soften plastic and have been shown in animal studies to potentially interfere in the reproductive development of young males, which has understandably worried consumer and parenting groups alike. Earlier this year, the Bush administration banned the use of phthalates in children's products, beginning on February 10, 2009. But that ban still allows the sale of products that were made before that date. (California Assembly Bill 1108)

Menu-Labeling Law in California: Chain restaurants will have to display calorie counts with each menu item. The new law applies to restaurants with 20 or more locations in California, which includes more than 17,000 eateries. Beginning July 1, 2009, they will be required to provide brochures containing nutritional information including number of calories and grams of saturated fat. (California Senate Bill 1420)

San Francisco Minimum Wage Increase: Effective January 1, 2009, the San Francisco minimum wage rate will increase from $9.36 per hour to $9.79 per hour. All employers must pay the minimum wage rate to each employee who performs work in San Francisco (including temporary and part-time employees). The minimum wage requirement applies to adult and minor employees who work two or more hours per week. Each year, the city adjusts the amount of the minimum wage based on increases in the regional consumer price index. (San Francisco Minimum Wage Ordinance, Chapter 12R)

San Francisco Employers Must Offer Benefits to Commuting Employees: Beginning January 19, 2009, the City and County of San Francisco requires employers with 20 or more employees anywhere (including employees not working in San Francisco) to provide benefits to any employee who performs an average of at least 10 hours of work per week in San Francisco, has at least one calendar month of service with the employer, and qualifies as an employee entitled to payment of a minimum wage from the employer under the California minimum wage law. (San Francisco Ordinance # 199-08)