New California Laws for 2012

Welcome to 2012!  The new year brings 750-plus new laws for California residents.  Here are 25 of the most interesting.

Criminal Law

• Law enforcement agencies are now banned from impounding vehicles at sobriety checkpoints if a sober licensed driver is available.
• The California Handgun Open Carry Law subjects violators to fines of $1,000 plus 6 months in jail. Californians can still get permits for concealed weapons.
• Theft of copper materials exceeding $950 is now classified as grand theft.

Drugs & Alcohol

• Sale of caffeinated beer will now be illegal.
• Brewers are now exempted from California Retail Food Code requirements, allowing craft beer makers to open tasting rooms if food is not served.
• Local authorities will now regulate the location of medical marijuana cooperatives.

Elections

• The California presidential primary has officially moved from February to June.
• All of California’s 55 electoral votes will ultimately go to the winner of the popular vote in U.S. presidential elections.
• California allows active duty military personnel who are serving outside the state to file candidacy papers through a power of attorney.

Employment Law

• With a few exceptions, the Employment Credit Check Law prohibits the use of consumer credit reports by employers when evaluating job candidates.
• Women may now take up to four months of pregnancy disability leave.

Environmental Law

• It will now be illegal to sell or distribute shark fins, a Chinese delicacy, due to the rampant slaughter of sharks.
• The California Renters Right to Recycling Law requires apartment building landlords to start providing recycling services for 7 million California tenants.

Family Law

The Protection of Parent-Child Relationships Law allows courts to consider the relationship between a child and a non-biological parent when considering child rights cases involving birth parents, adoptive parents, and gay or lesbian guardians.

Health & Safety

• Tanning beds may not be used by anyone under 18.
• Minors will need a prescription to buy any drug containing destromethorphan, an ingredient in many popular over-the-counter cough medicines including Robitussin, NyQuil and Dimetapp.
• The California Child Booster Seat Law requires that any child under 8 years old be secured in an appropriate child restraint meeting federal motor vehicle safety standards. The law does contain a provision, however, that a child under 8 years old who is 4′ 9″ inches or taller may use a safety belt rather than a child safety seat or booster seat.  
• The California Male Circumcision Law prohibits local governments, such as cities and counties, from banning infant male circumcision.

Minimum Wage

San Francisco becomes the first city to raise its minimum wage above $10 per hour. The new $10.24 minimum is nearly $3 above the federal minimum wage of $7.25 per hour set in 2009. 

Personal Information Gathering

Government and third parties are prohibited from gathering information about what books you read or buy over the Internet, unless they obtain a court order.

Prisoners’ Rights

Increased penalties for illegal use, possession or transporting of a cell phone help facilitate the Department of Corrections and Rehabilitation’s efforts to block unauthorized wireless transmissions.

Sales Tax

Internet retailers must collect California sales tax on transactions if the retailer has a presence in the state, a measure that aims to protect local stores from unfair competition and increase revenues for the cash-strapped state.

Schools & Education

• Gays, lesbians and people with disabilities have been added to the list of social and ethnic groups whose contributions to U.S. history must be taught in public schools.
• The California Gay Bullying Law (Seth’s Law) requires school districts to have a uniform process for dealing with gay bullying complaints and mandates that school personnel intervene if they witness gay bullying.
• Schools will now be required to remove from play a student athlete who sustains a possible concussion, and must ensure that the player receive medical clearance before returning to competition.
• The California Dream Act expands eligibility for private scholarships to students brought to the country illegally when they were infants.

New 2012 Federal Laws

Several federal laws take effect with the new year, too.

• A Social Security increase amounting to $450 a year for the average recipient.
• Stiff fines up to $2,700 per offense for truckers and bus drivers caught using hand-held cell phones while driving.
• An extension of Social Security tax cuts and federal unemployment benefit programs raises insurance fees on new mortgages and refinances backed by Fannie Mae, Freddie Mac and the Federal Housing Administration by 0.1% beginning Jan 1st.  That covers about 90% of such transactions and effectively makes a borrower’s monthly payment on a new $200,000 mortgage or refinancing about $17 a month more than it would have been if obtained before the first of the year.

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