It's a new year and time for new laws in California

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It's a new year and time for new laws in California
By carol rosen
crosen@community-newspapers.com

No New Year is complete without a rash of new legislation becoming law, and this year is no different.

Starting on Jan. 1, Californians are now subjected to new business, real estate, driving and tax laws and, from the federal government, the Obama health care legislation begins to take effect. Here's a smattering of what people need to be aware of.
The California Legislature passed a couple of Senate-proposed bills regarding identity theft and the Internet. The identity theft bill brings restitution for victims by requiring those convicted of identity theft to pay restitution to their victims. While a court order by a criminal court, it will be enforceable as if a civil judgment.
SB 1411 makes it a misdemeanor to impersonate someone on the Internet. Anyone, according to the statute, who "knowingly and without consent credibly impersonates another actual person through or on a Web site" or by opening an e-mail account or social profile for purposes of harming, intimidating, threatening or defrauding another person is guilty of a misdemeanor. The punishment is a fine up to $1,000 or a county jail term of up to one year or both.
California also has initiated new driving laws beginning in 2011. One of these is a safety course required for applicants under 21 years. Potential motorcyclists must finish an approved motorcycle safety course before they can get an instruction permit. The new DMV law also requires cyclists
to hold the permit for six months before the driver can be issued a class M motorcycle driver license. Currently, more than 6,000 teens 19 and younger are licensed to ride motorcycles in this state.
California is extending the date of use for drivers possessing yellow stickers allowing hybrid vehicle drivers to use high occupancy vehicle lanes until July 1, instead of cutting it off Jan. 1. It also is extending the white stickers for fully electric and compressed natural gas vehicles until Jan. 1, 2015 and creates a third sticker for plug-in hybrids to be issued and valid from Jan. 1, 2012 to Jan. 1, 2015.
Drivers may also want to prepare for mid-year new laws. These include a provision that allows drivers to opt for or out of organ donor registration.
Courts are to order a 10-year revocation of a driver's license to those convicted of a third or subsequent DUI violation beginning Jan 1, 2012.
With the preponderance of home foreclosures over the past 18 months, legislators now will allow lenders to post a notice of sale 85 days after recording a notice of default. Previously, it was 90 days. The new law permits trustees to file a notice of sale up to five days prior to the lapse of the three-month period if the actual date of the sale is not earlier than three months and 20 days after the filing of the notice of default.
A new law describing short sales went into effect on Jan. 1. It prohibits lenders holding a first deed of trust for one to four unit dwellings to demand a deficiency judgment from the owner who sells the home for less than the remaining amount of debt due at the time of the short sale. But, if the owner commits fraud with respect to the sale or waste with respect to the real property, the lender may seek damages and use existing rights and remedies against the owner or any third party for fraud or waste.
California legislators passed a law describing the judiciary duties of those holding power of attorney. The new law states that attorneys-in-fact are liable for a loss to the principal's property if that person is compensated, unless the loss results from the attorney's bad faith, intentional wrongdoing or gross negligence. If the attorney breaches a duty, then he or she is liable for interest in loss or depreciation of property, any profit made through the breach or any profit accrued to the principal is the loss or profit results from the breach.
In a less esoteric law, the state now says employers with 15 or more employees must provide 30 workdays of paid leave to organ donors in a one-year period and up to a five workday leave for bone marrow donors.
In other health related news, after Jan. 1, the U.S. government will prohibit use of genetic information to make decisions about health insurance and employment and restricts acquiring and/or disclosing such information. It applies to private employers with 15 or more employees.