States Set to Enact Controversial Laws on January 1

Photos.com/Thinkstock(WASHINGTON) — Congress may have been bogged down in a quagmire this year, but states across the country actively passed a slew of new laws — ranging from conventional to controversial — that are set to go into effect in 2012.

California takes the lead in the number of new laws that will be enacted on Jan. 1, according to a list compiled by the National Conference of State Legislatures (NCSL).

The ideological divide between conservative and liberal states is stark when it comes to the new regulations.  It is most evident in the issue of immigration and the dueling laws that will go into effect next week.

Four states — Louisiana, Tennessee, South Carolina and Georgia — passed laws requiring businesses to enroll in the federal E-Verify program to determine whether their employees are legal residents and eligible to work in the United States.

But California took the opposite route.  Starting Jan. 1, city and county governments in the state will be barred from requiring private employers to use E-Verify, unless it’s required to receive federal funds or is mandated by the federal government.

The California Dream Act will also go into effect in 2012.  The legislation expands eligibility for in-state tuition and non-state scholarships to students who may not have legal status but have attended high school in the state for at least three years, have graduated from high school, or are attending a college or university.  Another legislation allows such students to participate in student government.

But California stands alone when it comes to more lax requirements on illegal immigration. Most new state laws lean on the conservative side and that’s not a surprise, observers say.  In 2010, a wave of elections swept conservatives to power across the country, and a majority of legislatures this year were Republican, says Jon Kuhl, a spokesman for NCSL.

This conservative uprising is also reflected in new election laws that will kick off next year.  Four states — Kansas, Rhode Island, Tennessee and Texas — will require voters to present a photo ID before voting.

California, however, again went in the opposite direction, passing a law that allows new U.S. citizens to both register and vote on election day, a system opponents say invites voter fraud.

California also took the lead in passing other controversial laws that could either set the precedent for the rest of the country or face national backlash.  New legislation requires social science curricula to include, “a study of the role and contributions of lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other cultural groups.”  It also expands laws against discrimination in textbook materials to include gender, religion, disability, nationality, and sexual orientation.

Outside of ideological motivations, several new laws are indicative of the economic hardship states are facing.

Under a new law in Delaware, people who become members of the state’s pension fund on or after Jan. 1 will be required to contribute more than earlier members.  It also ups the retirement age for pension beneficiaries.

Arizona will also reduce benefits under its retirement plan for those who enroll at the start of the new year.  North Dakota, meanwhile, raises the contribution requirement for its state retirement plan by two percentage points.

Here are some other noteworthy laws that will take effect on Jan. 1:

— A new law in California expands the definition of cyber bullying to include certain posts on social networking sites.

— Two new laws in Oregon and California prohibit the possession, sale, trade, or distribution of shark fins, a practice that some advocates of the law say has reduced certain species of sharks.

— Starting Jan. 1, it will be illegal for Nevadans to write text messages or use handheld phone devices while driving.

— In North Dakota, drivers under 18 years of age will be barred from using cellphones in their cars, and everyone will be prohibited from text messaging.

— In California, people under the age of 18 will not be allowed to use ultraviolet tanning devices.

— Delaware and Hawaii will both allow same-sex couples to marry and receive the same benefits as other married couples.

Copyright 2011 ABC News Radio