New laws for 2005

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The one that will affect many Malibu residents, actually went into affect in 2004.

By Jonathan Friedman/Assistant Editor

A large number of new state laws go into effect on Jan. 1. But one law that will affect many Malibuites in 2005 actually went into effect in late 2004, after the city ran out of options to prevent it from happening earlier this month. That law is the 2002 Malibu Local Coastal Program.

According to the Los Angeles Daily News, Gov. Arnold Schwarzenegger signed 959 bills between taking office in November 2003 and Sept. 30, 2004, and most of those new laws take effect on New Year’s Day.

The new laws include greater rights for domestic partnerships, a requirement for employers to provide sexual harassment training and a ban on a .50 caliber weapon.

Couples registered as domestic partners will have almost the same rights as married couples because of AB 205. It will provide domestic partners with community property rights, mutual responsibility for debt, parenting rights including obligations for custody and support, the ability to claim a partner’s body after death and prison visitation rights. The law was actually enacted in 2003 after being approved by former Gov. Gray Davis, but the features of the law go into effect in 2005. Several antigay groups challenged the legality of AB 205, but a Sacramento Superior Court judge upheld the law in September. The groups plan to appeal the decision.

A controversial law bans the sale of a weapon called the .50-caliber BMG. The bill to ban the sniper rifle, AB 50, was introduced by West Hollywood Assemblymember Paul Koretz and sponsored by the Brady Campaign to Prevent Gun Violence and the Million Mom March. Major law enforcement officers from across the state applauded the bill’s passage, saying that the .50 caliber rifle was a dangerous weapon that could be used by terrorists. The weapon is accurate at up to 2,000 yards and can inflict damage as far as four miles away, and it can harm objects as large as aircrafts. The National Rifle Association opposed the bill, citing that the .50 caliber rifle is popular for target shooting because of its accuracy and that it is rarely used by criminals.

Employers of 50 or more employees will have to provide sexual harassment training to all supervisors. The training must be repeated every two years. This law comes after the passage of AB 1825, a bill introduced by Fresno Assemblymember Sarah Reyes. She said she was prompted to draft the bill because of the sexual harassment allegations made against Gov. Schwarzenegger by 16 women just before he was elected. The bill was opposed by the California Chamber of Commerce, which said it unnecessarily increases costs for employers. There is no penalty for not complying with the law, but the Department of Fair Employment and Housing can issue an order to comply when an employer is determined not to have conducted the training.

With the Supreme Court issuing a notice in early December that it refused to hear the city of Malibu’s case against the California Coastal Commission, the city has no choice but to accept the 2002 Local Coastal Program as law. The document, which was drafted by the state agency, sets the standards for development in Malibu in order for projects to obtain coastal permits. Many say the document is too restrictive, and that was the reason the city unsuccessfully fought for two years to bring the LCP before the voters.

With more than 100 projects awaiting coastal permits, the city’s Planning Commission has a great deal of work ahead, including meeting every week beginning in March as opposed to the traditional biweekly meetings. Projects granted coastal permits by the Planning Commission could be appealed to the City Council.

Certain projects can further be appealed to the Coastal Commission. And as is the case for many projects in Malibu, all of them can be brought to the court for a judge to make the decision.