New Year Brings New State Laws

[Mike Schwartz]

(Jan. 1) - A New Year brings new laws across the United States.
Some new laws are prompted by how we use technology. For example, in California it's now illegal to read-or-write text messages while driving.
From Smokes to Steroids
Joel Page, AP


A bevy of new state laws took effect Thursday, the first day of the new year. Some laws will have a small impact, but others will be felt by thousands, if not millions of people. In New Hampshire, whose state house is pictured here, anyone caught urinating in public could now face a $1,000 fine.



Some people support the new law:
"Texting is more dangerous than talking on the phone," one person told CBS News correspondent Dan Raviv, saying that texters are "not even looking at the road!"
California also has a law against "school bullying" done by the Internet.
A new law going into effect in Arkansas (which was approved by voters in November) bans unmarried couples from adopting children or becoming a becoming a foster parent.
Many supporters of Act One argued that children shouldn't be raised by an unmarried couple, although critics suggested the law was geared primarily toward homosexuals who sought to become foster or adoptive parents.


One Fayetteville couple, Anne Shelley and Dr. Robin Ross, said the new law means their adopted four-year old daughter, a Vietnamese orphan named Eva Mae, will grow up an only child, something they say isn't right.
Shelley said this new law will mean an even greater shortage of homes for needy children.
According to the Department of Human Services, one-third of the 1,100 foster homes in the state are headed by single people.
Oregon joins California, Washington and other states that ban smoking in bars. And if smokers going through withdrawal wanted to dine out on some polyunsaturated fats instead, Oregon blocked that too, with a ban on restaurant foods with trans-fats.
Under laws that took effect Thursday in Alaska, Colorado, Illinois, Nebraska and Washington state, drivers convicted of a first-time DUI must install breath-alcohol ignition interlocks on their cars if they want to keep driving while their licenses are suspended.
Also in Illinois, outdoor fitness facilities will be required to have defibrillators. The law was named after Northwestern University football player Rashidi Wheeler, who collapsed and died during a 2001 practice. An investigation found that a defibrillator would have saved him.
Additionally, eating disorders will be legally considered "serious mental illnesses" in Illinois, allowing people with the conditions to obtain insurance coverage. The state legislature overruled Gov. Rod Blagojevich's amendatory veto of the legislation to approve the bill in September.
One law not named after Gov. Blagojevich (but wags suggest it might have been) is a prohibition against contractors with $50,000 or more in state contracts from contributing to the officeholder who oversees the deal.
Legislators made no secret that it was aimed at alleged "pay-to-play" practices in Blagojevich's administration, some of which prosecutors were scrutinizing for years before the latest allegations.

Brian Nichols, who launched a deadly courthouse shooting spree that killed a judge and three others, received four consecutive life sentences without parole on Saturday. Nichols was being escorted to a courtroom in Atlanta where he was being tried for rape on March 11, 2005, when he attacked a deputy guarding him, stole her gun and opened fire.

Other new Illinois laws include barring employers from discriminating against employees on the basis of genetic testing; further restricting the movements of sexual offenders and preventing them from working as election judges; increasing penalties for people found guilty of possessing child pornography; and extending the time victims may report sexual assault to three years.
In Florida, a handful of new laws include one that gives hospital patients improved consumer protection. It requires hospitals and health care facilities to give patients a good-faith estimate of anticipated charges for planned procedures if requested. They must also post notices in reception areas advising patients how they can get information on charity and discount policies.

Another new measure requires the Agency for Health Care Administration to compile data on the non-discounted costs of some 150 common procedures and diagnostic treatments for comparison purposes.
Another is designed to get better dental service for poor and rural areas.
In Oklahoma only "fire-safe" cigarettes designed to prevent fires will be sold in the state beginning today.
In Georgia, new tax laws will eliminate the state and local taxes for insurance carriers that offer high-deductible health plans. Critics argue that the new law will do little to reduce the ranks of the state's uninsured, but insurers are expected to save up to $146 million over the next five years.
In West Virginia, the business franchise tax and the corporate net income tax rates are both being lowered. Businesses can also get tax credits for creating jobs that are full-time, pay at least $32,000 a year and offer health benefits.
In New York two dozen new laws take effect Thursday. A utility law allows more residents and farmers to send surplus energy produced by wind, solar or other onsite power generating systems to utilities for sale to other customers. If a customer sends more power than they use in a year, the utility pays them for the balance.
Another measure restricts the use of certain anabolic steroids on thoroughbred and harness racing horses. The law restricts the use of four steroids (stanozolol, boldenone, nandrolone and Testosterone) approved by the federal government for therapeutic use on animals. The state law allows using only one of the steroids - often used to help an animal heal from injury - at any one time. The permissible level of each steroid was also reduced.
Among the other new laws: Registration for the state's organ and tissue donor registry will be included on voter enrollment forms.
And in New Hampshire, peeing in public has become costly. The new law makes public urination or defecation a violation punishable by up to a $1,000 fine.
To be guilty, the person would have to know the act would affront or alarm someone else.
The legislation was meant to correct a gap in current law in which public urination was sometimes prosecuted under indecent exposure laws, which could land urinators on a sex offender registry

[tippy]

One could smoke in bars in Utah until January 1. (Go Utes!!!)

[Ron Thorne]

Man, that text messaging/reading statute is long overdue.

I wish we'd get something on the books to bust anyone driving while talking on their phone or texting. I guess we'll need a few dead or maimed bodies first.

I was almost rear-ended this afternoon on an offramp with my wife and youngest son in the car ... by a woman yakking on her cellphone. Lunacy!

[Mike Schwartz]

Originally Posted by Ron Thorne

Man, that text messaging/reading statute is long overdue.

I wish we'd get something on the books to bust anyone driving while talking on their phone or texting. I guess we'll need a few dead or maimed bodies first.

I was almost rear-ended this afternoon on an offramp with my wife and youngest son in the car ... by a woman yakking on her cellphone. Lunacy!

I think it's a riot Ron......we've had to have a hands free device for cell phones about a year and a half (in order to encourage *two hands on the wheel*), but it took this long to ban NO Hands driving!!

[bigtiny]

$1000 for public urination!?!?! You know what kills me is that, at least here in New England, there's no law that requires restaurants and such to provide bathroom facilities at all. Where I'm from in Florida restaurants HAVE TO provide access to bathrooms for customers.

So in the Boston area, you can be out walking around town, need to pee, and literally not be able to find any place to do it!!! Most of the small lunch counter-delis-donut shop places don't even HAVE bathrooms.

Seems to me if you're going to have a statute that calls for such an exorbitant charge, the state should at least require business to provide some access. I mean, when you've gotta go you've gotta go, right?!?!?

bigtiny

[jesus marion joseph]

I installed a hands-free bluetooth system in my car last year, along with a module which allows me to control the phone with buttons on my steering wheel. Combined with voice recognition of my contacts on the phone, I can call someone, answer a call and hang up the phone all without taking my hands off the wheel. I *do* get looks sometimes from people who see what appears to be some dude in a VW talking to himself, though.

I also have an mp3 player that I can control through the steering wheel buttons. Eyes glued, baby!

[Jimmy Cantiello]

Next thing you know they'll be passing a law prohibiting pissing while driving.

[jesus marion joseph]

That's because it's sometimes a by product of shitting one's pants while driving.

http://www.youtube.com/watch?v=g2rMSZ8nrJ8

[Gary Sisco]

I loved this:

"if they want to keep driving while their licenses are suspended." :-0

[Gentle Giant]

In Mass, you're cool with possession of pot now as long as it's under an ounce.

[tippy]

Originally Posted by Gentle Giant

In Mass, you're cool with possession of pot now as long as it's under an ounce.

Is that for real? You can walk around with a joint, get caught and keep it with no ticket?

[shrugs]

Originally Posted by Gentle Giant

In Mass, you're cool with possession of pot now as long as it's under an ounce.

So if you are carrying around 25 grams, what is going to prevent a cop from listing it as an ounce.
You may get out of it but it's not going to be any fun.

[Gary Sisco]

Make sure you have less, that's all.

[shrugs]

Originally Posted by Gary Sisco

Make sure you have less, that's all.

Yeah. like a few j's and that's it.
Unless you trust cops!

[Gary Sisco]

I don't trust anyone but I do keep the stash below the felony line. No sense asking for trouble. I don't carry it anymore, though, like I used to. What those laws are good for is when you're at home.

VT passed a medical marijuana bill a few years ago but you have to apply through the state police! Not!!

[shrugs]

Originally Posted by tippy

I am happy to see these laws relaxing. I don’t drink and I don’t think it’s fair that I can’t unwind with a little herb in the way people do with cocktails. I would think the snack food industry might lobby to this end.

the prison industry will lobby against it!

[Gary Sisco]

And cops. Police departments get a money piece of all busts, so they have vested interests in keeping the herb criminal.

[tippy]

yeah, well screw them!

It’s interesting the way you say that because I never thought of it as an industry before. Yowza.

[Gary Sisco]

Huge industries.

[shrugs]

and in some states mainly filled with drug offenders.

In some areas the only way to get a job is through the prison industry.

[jesus marion joseph]

Originally Posted by tippy

Is that for real? You can walk around with a joint, get caught and keep it with no ticket?

Actually, while simple possession of an ounce or less is now decriminalized (meaning you are no longer charged with a criminal offense), you are still subject to a minimum fine of $100 and forfeiture of your pot. You could conceivably still be busted for possession with intent to distribute, even with less than an ounce, depending upon how it's packaged and/or the other traditional indicia of distribution.

Towns are free to augment the penalty for simple possession, BTW, up to $300. They can also pass "no smoking dope in public" ordinances, and my guess is that most of them will.

*Update:*

Police issue first
marijuana citation
First citation since new law passed

Last Edited: Friday, 02 Jan 2009, 9:38 PM EST
Created On: Friday, 02 Jan 2009, 9:38 PM EST

* Barry Kriger
* Michelle Misiaszek

SPRINGFIELD, Mass. (WWLP) - The Springfield Police Department issued its very first "Marijuana Citation" Friday afternoon, since the new law passed.

According to Springfield Police Sgt. John Delaney Jose Burgos, 29, of 116 Waldo Street in Holyoke was issued the citation while being arrested on other drug related charges.

Sgt Delaney told 22News Burgos was in possession of about one half gram of Marijuana, enough for maybe two joints. He was not criminally charged with the possession and was given a city ordinance citation amounting to a fine of $100.00.

Delaney said, "The $100.000 citation is the least of Burgos' problems for the New Year."

Springfield Police Narcotics Detectives arrested Burgos and charged him with trafficking cocaine, 28-100 grams, and possession of Heroin with intent to distribute.

Sgt Delaney said this is "quite possibly the first marijuana citation issued in the state for a City Ordinance Violation of Possession of Marijuana."

The citation was issued by Detective Jaime Bruno. The investigation was headed by Sgt. Robert Tardiff of the Springfield Narcotics Division.

[GoodSpeak]

Originally Posted by Mike Schwartz

I think it's a riot Ron......we've had to have a hands free device for cell phones about a year and a half (in order to encourage *two hands on the wheel*), but it took this long to ban NO Hands driving!!

We're close, though.

Our Governator vetoed a bill which would ban driving with a live animal in your lap. Must be in deference to the Pigs-with-Lipstick lobby.

Schwarzenegger vetoes bill forbidding drivers to hold pets

Story: http://www.sacbee.com/111/story/1271530.html

[shrugs]

Originally Posted by GoodSpeak

We're close, though.

Our Governator vetoed a bill which would ban driving with a live animal in your lap. Must be in deference to the Pigs-with-Lipstick lobby.

Schwarzenegger vetoes bill forbidding drivers to hold pets

Story: http://www.sacbee.com/111/story/1271530.html

I was t-boned by a guy in a pickup a few years ago. He had a large dog in the front cab with him.
I can almost remember seeing the dog cross his vision to lean out his window before he smacked the shit out of me.

[Gary Sisco]

My Jack Russell Trooper used to ride in my lap when he was a puppy but I have him trained now to ride on the passenger side. My boxer rides in the back seat. If she's the only dog, she rides in the passenger seat with her right front leg on the arm rest.

[tippy]

Once I took our Siberian on a connecting freeway and he kept trying to sit in my lap. It was one of my scariest driving moments ever.

[Jimmy Cantiello]

Whenever I took my dog in the car with me I made her drive. Problem solved.

[tippy]

Jimmy! LOL.

[GoodSpeak]

Originally Posted by shrugs

I was t-boned by a guy in a pickup a few years ago. He had a large dog in the front cab with him.
I can almost remember seeing the dog cross his vision to lean out his window before he smacked the shit out of me.

It gets worse: I have seen the woman identified in the article.


No shit.