States Ring in New Year with New Laws

Stalking victims in Calif., smokers in Maine, children in N.H. are a few of those affected in the 21 states with new laws

DENVER - More than 500 new laws in at least 21 states will go into effect at the stroke of midnight as New Year's revelers are welcoming 2004, according to research by the National Conference of State Legislatures.

"From the mundane to the very significant, state legislators are asked to respond to any number of issues by their constituents," said William Pound, NCSL Executive Director. "State legislatures consider more than 100,000 pieces of legislation each year, only a fraction of which actually becomes law."

Many factors are considered when determining a piece of legislation's effective date. Many states have rules that govern when legislation can go into effect. Common effective dates include July 1, October 1 and January 1. Below is a sampling of legislation that will go into effect on January 1, 2004.

COMMERCE

South Carolina's new predatory lending law will provide consumers with protections against high-cost home loans as well as better disclosures. (S.B. 438, South Carolina 115^th Session)
Crematories in Texas will be required to be licensed and registered in an effort to install consumer protections within the industry. (H.B. 587, Texas 78^th Legislature)
California automobile insurers will no longer be able to require a vehicle be repaired at a specific repair facility. (S.B. 551, California 2003-04 Regular Session)

CRIMINAL JUSTICE

Victims of stalking in California who are trying to conceal their whereabouts from potential abusers may obtain a new set of license plates from the Department of Motor Vehicles upon application and payment of a nominal fee. (S.B. 378, California 2003-04 Regular Session)
South Carolina's "Domestic Violence Prevention Act of 2003" reclassifies criminal domestic violence of a high and aggravated nature as a violent crime and sets forth penalties and other procedures. (S.B. 477, South Carolina 115^th Session)

ENVIRONMENT

Any motor carrier or railroad that transports high-level radioactive waste through Montana must obtain a permit and submit to inspections and monitoring of shipments. (H.B. 218, Montana 58^th Regular Session)

HUMAN SERVICES

Parental rights may be terminated in New Hampshire for parents convicted of murder, manslaughter, attempted murder or attempted manslaughter of their child's other parent. (H.B. 153, First Year of the 158^th Session of the New Hampshire General Court)

HEALTH

Long-term care insurers in California will no longer be able to use genetic information to determine insurability of applicants. (S.B. 200, California 2003-04 Regular Session)
Smoking will no longer be allowed in Maine off-track betting facilities and restaurants in an effort to protect workers from the effects of secondhand smoke. (S.B. 437, Maine 121^st Legislature)
Insurers in New Hampshire will be forced to comply with several mandated benefits including coverage for prosthetic devices and anesthesia provided in conjunction with certain dental procedures for children less than 8 years of age. (S.B. 152 and H.B. 316, First Year of the 158^th Session of the New Hampshire General Court)
Purchase of tobacco products in New Mexico will be required to be made on a face-to-face basis as the restrictions associated with tobacco vending machines will become more stringent. (H.B. 136, New Mexico 46^th Legislature)
Texas residents will have the opportunity to voluntarily alert a peace officer, through their driver's licenses, of significant medical information that would assist in the communication between the two. (H.B. 1330, Texas 78^th Legislature)
Pharmacists in California will be required to put a label that includes a physical description of any drug that is dispensed. (S.B. 292, California 2003-04 Regular Session)
California's school children can say goodbye to junk food in school as school districts will be prohibited from entering into contracts for the sale of carbonated beverages, non-nutritious beverages or non-nutritious food without first notifying students' parents and allowing them an opportunity to comment. (S.B. 65, California 2003-04 Regular Session)
Pharmacists in California will be able to distribute emergency contraception without a prescription from a doctor as long as the pharmacist adheres to a standard protocol established by the Medical Board of California. (S.B. 490, California 2003-04 Regular Session)

PRIVACY

In an effort to reduce identity theft, retailers in Maine and Utah will only be allowed to issue credit card receipts with no more than the last five digits of the credit card number. (S.B. 678, Maine 120^th Legislature) (S.B. 6, Utah 2003 General Session)
Californians will be required to be notified when a financial institution shares or sells their personal information under the California Financial Information Privacy Act. (S.B. 1, California 2003-04 Regular Session)
California companies that use consumer credit reports must verify a consumer's identity before they can lend money, extend credit or complete the purchase, lease or rental of goods or services. (S.B. 25, California 2003-04 Regular Session)

TELECOMMUNICATIONS / TECHNOLOGY

Telemarketers cannot willfully block their telephone numbers when making solicitation calls to residents in Maine. (S.B. 113, Maine 121^st Legislature)
California residents and internet service providers may bring legal action against those pesky, unsolicited commercial e-mail messages. (S.B. 186, California 2003-04 Regular Session)

TRANSPORTATION

Individuals renting cars or recreational vehicles in Alaska will be subject to a 10 percent and 3 percent excise taxes respectively. (H.B. 271, Alaska 23^rd Legislature)
53-foot tractor-trailers will no longer be required to obtain a permit in Maine. (H.B. 1072, Maine 121^st Legislature)
Children who are six years old and under and less than 55 inches in height will be required to use a child passenger restraint system while riding in a motor vehicle in New Hampshire, increasing the requirement from children less than four years old. (H.B. 402, First Year of the 158^th Session of the New Hampshire General Court)
Numerous retirees in New Mexico including those retired from the armed forces, postal service, police forces and the National Guard will become eligible for special logo license plates. Also becoming eligible will be members of the New Mexico High School Rodeo Association, Fraternal Order of Police, Civil Air Patrol, search and rescue teams and active duty uniform service members. (S.B. 107, 439, 549, H.B. 75, 201, 464, 602, 635, 704 New Mexico 46^th Legislature)

MISCELLANEOUS

Alaskans who do not comply with the federal Selective Service requirements will no longer be eligible for certain state employment, student loans or a permanent fund dividend. (H.B. 305, Alaska 22^nd Legislature)
The Uniform Mediation Act, a law that establishes a privilege of confidentiality for mediators and participants that prohibits what is said during mediation from being used in later legal proceedings, will go into effect in Nebraska. (L.B. 255, Nebraska 98^th Legislature)
Administrative agencies in New Hampshire will no longer be able to adopt any code, rule or document from another state without specific legislative approval. (H.B. 66, First Year of the 158^th Session of the New Hampshire General Court)
Individuals in New Hampshire may not place a telephone call falsely representing himself or herself as a candidate for office. (H.B. 658, First Year of the 158^th Session of the New Hampshire General Court)
Felons in California will not be able to hold office or be employed as a peace officer. (S.B. 221, California 2003-04 Regular Session)

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