> ## Content Index
> Fetch the complete content index at: https://www.smdp.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# New California Law Bans Smoking in Cars With Minors Starting January 2008
- URL: https://www.smdp.com/brandon-wise-brandonw-smdp-com-cashing-in-a-new-law-requires-retailers-to-redeem-unexhausted-gift-cards-for-cash-new-laws-impact-to-be-far-reaching/
- Published: 2008-01-02T16:00:00.000Z
- Updated: 2026-10-24T22:57:10.000Z
- Author: Kevin Herrera
- Tags: Business, Downtown, #archive-import, Homeless

*Brandon Wise CASHING IN: A new law requires retailers to redeem unexhausted gift cards for cash. New laws’ impact to be far reaching*

DOWNTOWN — If finding a legal place to smoke in Santa Monica wasn’t already hard enough, state lawmakers have banned the habit when riding in cars with kids.

Motorists will be hit with fines up to $100 for lighting up in a vehicle containing a minor.

The ban is amongst more than 700 changes in state law that take effect in the new year. Others include the second increase in the minimum wage in 12 months and a measure to require more efficient lights, promote solar water heaters and ease the way for the creation of more homeless shelters.

The smoking ban is the latest attempt by the state to shield people from the health risk created by breathing in second-hand smoke. California already prohibits smoking in enclosed workplaces, including taverns and restaurants, and within 25 feet of a playground.

In Santa Monica, smoking is prohibited in all public parks, along the Third Street Promenade, at all Farmers’ Markets, the beach,portions of the Santa Monica Pier and all outdoor dining areas.Smoking is also prohibited within 20 feet of an entrance to a building open to the public and at ATMs and bus stops.

Two other states — Arkansas and Louisiana — have laws that bar smoking in vehicles containing children. The Arkansas statute applies to children under the age of 6 or 60 pounds. The Louisiana law covers children under age 13.

California’s ban would prohibit smoking in a vehicle containing anyone under 18, but the traffic stop would have to be made for another offense, such as speeding, before a vehicle’s occupant could be cited for smoking. said about the smoking ban as he shopped downtown Saturday. “I’m not a fan of the government telling us what we can do in our private lives, but I’m also in favor of protecting children. They don’t have a say in what car they ride in but those driving have a choice to smoke or not to smoke.”

Another change to the law books that will affect motorists is a ban on the use of cell phones while driving, which doesn’t take effect until July 1\. For drivers under the age 18, the prohibition extends even to hands-free use cell phones.

“My mom gave me a Bluetooth \[wireless headset\] for Christmas, so I’m prepared,” said Gabe Loh, 20, a student at UCLA who was in downtown over the weekend in search of shoes.

“I don’t know how the law is going to help cut down on the number of accidents,” Loh said. “Hands or no hands, people are distracted when they are talking on the phone. It’s more of a mental thing and less to do with coordination.”

The new year also brings a pay raise for the 1.4 million Californians who earn the minimum wage. Their hourly pay increases by 50 cents to $8, making them the second highest paid minimum wage workers in the country along with workers in Massachusetts. The Massachusetts minimum wage was also raised to $8 on Jan. 1, according to the U.S. Department of Labor.

Washington state, which automatically adjusts its minimum wage each year to keep pace with inflation, will have the highest at $8.07 an hour.

The California increase is part of a two-step adjustment approved by lawmakers in 2006\. The wage jumped from $6.75 to $7.50 last Jan. 1.

Here are some of the other laws that take effect with the start of the new year: Lights, Water — Legislation by Assemblyman Jared Huffman, D-San Rafael, gives the California Energy Commission until the end of 2008 to develop tougher efficiency standards for general purpose lights. Other Huffman bills authorize a $250 million subsidy program to encourage installation of solar water heaters and require the Energy Commission to establish water-efficiency standards for the design of new buildings.

> “I think it’s long overdue,” — Corey Trimble, a father of two, A new year, new laws

Homeless Shelters — A new law written by Sen. Gil Cedillo, D-Los Angeles, is intended to remove roadblocks for homeless shelters by requiring cities and counties to designate areas where shelters can be located without obtaining a conditional use permit.

Identification Devices — Legislation by Sen. Joe Simitian, D-Palo Alto, prohibits an employer or anyone else from requiring a person to have a radio frequency identification device inserted under the skin. The devices, about the size of a rice grain, can be used to track and transmit personal information about the user.

Gang Parenting — Courts could require the parents or guardians of gang members to attend parenting classes under legislation by Assemblyman Tony Mendoza, D-Artesia, that attempts to prevent first-time juvenile offenders from committing additional crimes.

Illegal Immigrants — Legislation by Assemblyman Charles Calderon, D- Whittier, prevents cities and counties from requiring landlords to serve as surrogate border patrol agents by obtaining and reporting the immigration status of their tenants. The measure also prohibits ordinances preventing landlords from renting to illegal immigrants.

HIV Testing — A law written by Assemblywoman Patty Berg, D-Eureka, makes it more likely that people will be routinely tested for HIV and AIDS. The measure drops a requirement that patients fill out a form to have the tests. They only would have to give a doctor verbal consent to add HIV to other conditions for which they are being tested.

Sperm Cleansing — Legislation by Sen. Carole Migden, D-San Francisco, allows sperm from a man with HIV to be used to artificially inseminate a wife or partner who does not have the disease if the woman consents and the sperm is processed to minimize the possibility of infection.

Iran Investments — The state’s two giant public pension funds, the California Public Employees’ Retirement System and the California State Teachers’ Retirement System, will be prohibited from investing in companies that have defense-or nuclear energy-related business with Iran. The bill is by Assemblyman Joel Anderson, R-La Mesa.

Phony Oldies — Assemblyman Anthony Portantino, D-La Canada Flintridge, is the author of a law that attempts to ensure that music fans who buy tickets to oldies concerts are not victims of deceptive advertising. The legislation requires performing groups to meet at least one of several standards to be able to legally use the name from the groups’ recording days. An example: The group must include at least one member who has the legal right to use the name. Bands also can avoid lawsuits by acknowledging they are a salute or tribute to the original recording group and had a name that did not confuse ticket buyers.

Gift Certificates — A law written by Sen. Ellen Corbett, D-San Leandro, allows shoppers to cash in gift certificates that have less than $10 left in value. Consumer advocates say that will prevent stores from benefiting from an “undeserved bonanza” generated by unexhausted gift certificates that stores have refused to trade for cash.

On the education front, there are several laws in effect in the new year that are intended to help students both inside and outside of the classroom.

Assembly Bill 347 ensures students who fail to pass the California High School Exist Exam receive an additional two years of academic assistance from their school districts.

AB 57 eliminates the sunset date for the “Safe Routes to School” program for the construction of sidewalks, bike lanes, trails, and traffic calming projects designed to keep children safe and more healthy.

AB 216 requires educational materials, services and programs provided by nonpublic, nonsectarian schools for a special education student to be consistent with the student’s individualized education plan.

SB 777 simplifies and clarifies existing civil rights protections for California students, updates more specific prohibitions against discrimination throughout the Education Code, and replaces outdated references to “handicapped students”with “students with disabilities.”

SB 278 includes another justifiable reason for student absence for attending an education conference on the legislative or judicial process offered by a nonprofit organization. Currently, students may be excused for court appearances, funeral services, religious holidays or ceremonies, religious retreats, or employment conferences.

“Some of the new laws will help us progress toward closing the achievement gap, add more rigor to the curriculum, provide more assistance to students to pass the exit exam, or protect special education and related services to students with exceptional needs,” said state schools’ Superintendent Jack O’Connell. “Other new measures serve to streamline existing laws to provide students with safe transportation to school, credential teachers in a timely basis, and help school facilities go green.”

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/010208-01_01.jpg)

NEW LAWS: (Top) People will not be allowed to drive while talking on cellphones when a new law takes effect later this year. (Photo: Photos by Brandon Wise)

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/010208-01_02.jpg)

NEW LAWS: (Top) People will not be allowed to drive while talking on cellphones when a new law takes effect later this year. (Photo: Photos by Brandon Wise)

*Originally published in the Santa Monica Daily Press print edition on January 2, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/010208.pdf?ref=smdp.com)