JAN/FEB 2009, v.36, no. 3
The SCALL Newsletter is published electronically five times per year (September/October, November/December, January/February, March/April, and May/June by the Southern California Association of Law Libraries, a chapter of the American Association of Law Libraries. PDF versions of the SCALL Newletter can be downloaded here: http://www.aallnet.org/chapter/scall/newsletter.htm
There Oughta Be a Law!...What’s New for 2009...by John O'Donnell
Your Fingerprints Are All Over This Junk!
A new law requires scrap metal sellers to provide photo identification and a thumb print in order to sell their “non-ferrous materials,” which includes copper, stainless steel, and aluminum. In addition, the buyer must wait three days for payment. The bill also requires junk dealers to keep records detailing transactions and report those to police upon request.
The law was passed in reaction to a rash of thefts of copper wiring and pipes from California buildings. The thefts occur at a wide variety of buildings. Other similar thefts include manhole covers, bicycles, and freeway signs. The price of metal—copper in particular—has skyrocketed in recent years. Copper sold for 90 cents a pound a few years ago now goes for $4 a pound.
Thieves have been so brazen as to take from almost any building not being monitored. They even struck the Los Angeles Commercial Crimes Bureau building. This was discovered when detectives noticed the air-conditioning was not working. The criminals had stripped the air-conditioning units of their copper wires and other parts. In San Diego County, 60 cancer patients could not receive radiation treatments because a thief had removed the copper plumbing that cools the radiation machines. The bill was opposed by the American Civil Liberties Union. They objected to any requirements that businesses may collect fingerprints from their customers.
(SB 691. Sponsored by Ron Calderon, D-Montebello)
No More Minty Fresh Breath Before the Party…
Concerns about the hallucinogenic effects of a plant referred to as “the magic mint” are the impetus toward its ban to minors. This law makes the sale or distribution of Salvia Divinorum and Salvinorin to anyone under 18 years of age a misdemeanor. A member of the mint family, the plant is grown mostly in Mexico, but its cuttings can be grown in the United States. This plant should not be confused with ornamental Salvia plants that can be purchased at nurseries.
The substance has been used by people of all ages but has become more popular among high school students. Some studies estimate that its use may be as high as seven percent among college students on the east and west coasts. The substance has been reportedly sold on the Internet and in local “smoke” or “head” shops. It has also become increasingly popular since the posting of YouTube videos showing its use; in one video, a driver gets behind the wheel of an automobile while under the influence of Salvia. In addition, the presence of the herb on naval ships and military bases has increased concern and has resulted in development of a drug test to detect its use. California joins about a dozen other states that restrict possession and use of the plant.
Some scientists and pharmacologists believe Salvia Divinorum may be useful in the future as a treatment for addiction, depression and pain reduction, and they worry that this law may prevent access to the plant necessary for scientific study.
(AB 259. Sponsored by Anthony Adams, R-Hesperia)
Excuse Me, Sir...Am I Tall Enough to Catch This Wave?
A new law requires amusement parks that have “wave pools” to increase safety measures for children less than 48 inches tall. These smaller children will be required to wear a U.S. Coast Guard-approved Type II or Type III life vest. Children less than 42 inches tall must be accompanied by a parent or guardian in order to enter the park. In addition, lifeguards must have an unobstructed view of all wave pools and must also be able to respond to an emergency within 30 seconds. Finally, a warning signal must be activated each time the waves resume after a period of quiet calm.
This legislation was passed after the drowning death of a 4-year old child in a wave pool at an amusement park in northern California. That park recommended that children should use life vests but did not require them. About 15 water parks in California contain wave pools. The wave pools usually contain about 500,000 gallons of water. Opponents of the bill stated that the legislation would result in frivolous lawsuits and that life vest requirements should be based on swimming ability, not a patron’s height.
The California Sheriff’s Association and the California Attractions and Parks Association, a trade organization, supported the bill.
(SB 107. Sponsored by Elaine Alquist, D-Santa Clara)
You Wrote What About Your High School Principal???
This law prohibits application of disciplinary action against high school and college journalism advisors for the content found in student newspapers. This bill was passed after several instances where journalism program advisors were fired after refusing to remove articles that academic administrators found to be offensive or inappropriate. At least 15 high school journalism advisors have reportedly lost their jobs under these circumstances. High school speech protections had ben enacted in 1992, but these measures did not protect student advisors.
This new law specifically prohibits an employee from being dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against for acting to protect pupil conduct authorized or protected by the First Amendment. The law applies to all employees of public schools, private high schools, and public colleges and universities. Even employees who do not work in an academic capacity are covered by this law.
The Association of the California School Administrators argued that the bill is overly broad in that it applies to employees who are not student journalism program advisors. Administrators remain empowered to remove profanity from articles published in official school publications.
The bill attempts to balance California’s long tradition of protecting students’ free speech rights while maintaining a school’s statutory authority to limit speech under certain circumstances. The bill was supported by the California Teachers Association, AFL-CIO, American Federation of State, County and Municipal Employees (AFSCME), California State University Employees Union, and the California Nurses Association. The bill was opposed by the Association of California School Administrators.
(SB 1370. Sponsored by Leland Yee, D-San Francisco)
