By Charlie Warner
Argus News Editor
This past Friday, Aug. 1, ushered in the last month of summer, and the beginning of the “back to school” advertising blitz. Last Friday was also the first day a number of new state laws took effect. Here’s a look at new laws that might have an impact in your day-to-day lives.
- The new law, which will probably impact local teens the most is one that lawmakers hope will help newly licensed teens hone their driving skills during the first year of driving by reducing exposure to two high-risk situations: driving late at night and carrying multiple teen passengers.
A nighttime driving limitation during the first six months of licensure prohibits teens from driving midnight–5 a.m., unless the teen is accompanied by a licensed driver age 25 or older. Other exceptions include driving between home and place of employment, for employment purposes, and to/from home and a school event for which the school has not provided transportation.
A passenger limitation for the first six months of licensure allows only one passenger under the age of 20, unless accompanied by a parent or guardian. During the second six months of licensure, no more than three passengers under the age of 20 are permitted, unless accompanied by a parent or guardian.
- A law that came out of the August 2007 floods requires insurers to inform policyholders that they might be eligible for flood insurance, if they live in an area covered by the National Flood Insurance Program.
The law, sponsored by Rep. Ken Tschumper, (DFL-Fillmore, Houston counties) came about after scores of Southeast Minnesota homeowners discovered that they did not have flood coverage, even though they were eligible for it.
- All closed meetings held by public bodies must be electronically recorded, unless otherwise prohibited by attorney-client privilege. Sponsored by Rep. Gene Pelowski, (DFL-Winona), the law mandates these recordings be preserved for at least three years.
- A new law requires that notice of mortgage foreclosure be given to tenants. If the property is transferred to a new owner following foreclosure, and the new owner seeks to evict an existing tenant, they must be given at least two month’s written notice to vacate.
- A new law is designed to prevent insurance companies from denying payment to auto body shops for repairs made under an insurance claim. The law specifies that insurers cannot “unilaterally and arbitrarily disregard” the cost of auto repairs made under an insurance claim if the auto service used an estimating system recognized by the insurance industry.
- Persons smoking in non-smoking rooms will risk facing steeper fines. It’s already against the law to smoke in a nonsmoking hotel or motel room. Now if you’re caught, you might also have to pick up the tab to get the room back to its smoke-free condition.
The new law removes the previous $100 cap. It states that if an offender does not reimburse the innkeeper in 30 days, a $100 civil penalty can be added, as well as attorney fees up to $500.
- The “Hannah Montana” law will help protect Internet ticket sales. This law makes it a gross misdemeanor to sell, distribute or use software to get around security and move to the front of an Internet ticket-buying line.
The creation of this law was prompted when tickets for the Miley Cyrus/Hannah Montana tour went on sale last year, huge blocs of tickets were swept up within seconds by people using ticket-buying software, leaving everyone else to buy tickets for as much as 10 times the original price.
- While it’s already a felony to pit one animal against another, train them or take admission to such fights, a new law makes it a gross misdemeanor to buy a ticket to such a fight. It was previously a misdemeanor offense.
- You could face a felony charge if you attempt to disarm a peace officer. Under this new law, it is illegal to take from a peace officer any defensive device issued for their protection, including a firearm, tear gas, Taser or baton. If convicted, you could face a five-year prison term and $10,000 fine.
- Owners of dangerous dogs will now have to pay a steeper surety bond. The bond was raised from $50,000 to $300,000. A new law also prohibits dog ownership for anyone who has repeatedly been convicted of crimes involving dangerous dogs.
- The state put more of a bite in public nuisance laws. Under the current statute, a public nuisance exists if there are two or more separate instances of various incidents, such as gambling and the unlawful sale of alcohol. The new law treats some activities more harshly. Under it, prostitution, unlawful drug sales or possession or illegal use or possession of a dangerous weapon are all considered a public nuisance after only one incident.
- Attorneys, physicians, psychologists, sexual assault counselors and clergy are not compelled to disclose information about their clients or members without their consent. Now that list has been expanded to include domestic abuse advocates.
The law defines a domestic abuse advocate as an employee or supervised volunteer of a community-based battered women’s shelter or domestic abuse program. These advocates cannot be compelled to provide any opinion about, or information from, the victim unless ordered by the court.
- Health care professionals will be prohibited from contacting a recent auto incident victim, either in person, by phone or e-mail. Specifically, they cannot contact a victim with the “purpose of influencing that person to receive treatment or to purchase any good or item.”
- When the defendant is convicted of a crime, the court will be required to ask whether the defendant is currently serving in or is a veteran of the U.S. armed forces.
If the defendant answers yes and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may ask the military to intervene with information regarding treatment options.
You can contact Charlie Warner at
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