New laws going into effect in MN in August: List
ST. PAUL, Minn. (FOX 9) - During the second legislative session with Democrats holding a trifecta of power for the first time in a decade – controlling the House of Representatives, Senate and Governor – several new laws were passed that are due to take effect on Aug. 1.
Last session, a wide-range of new proposals ultimately gained approval by Minnesota Gov. Tim Walz, and were signed into law – including limitations on no-knock search warrants, free school meals for students, and increased education funding.
Here is a list of some new laws going into effect in Minnesota on Aug. 1, 2024.
New drug testing
Following the legalization of recreational marijuana in 2023, job-seekers might be faced with a new type of drug test that would speed up their route to employment in Minnesota.
Sponsored by Rep. Kelly Moller (DFL-Shoreview), the bill was proposed as a way to get qualified applicants to work sooner.
"Under current statute, people have to go off to a different location, such as a lab, for drug testing, and as a result of that delay they decide to go somewhere else," Rep. Moller said during the House Labor and Industry Finance and Policy Committee hearing. "With a labor shortage, it means that people are not able to get employees, and people can’t get started working right away… It’s a win-win for the employee and employer."
Under the new law, an employer can use oral fluid testing procedures as an alternative way to test when drug and alcohol or cannabis testing that is requested for employees and job applicants.
The "oral fluid test" is defined as a test that uses a saliva sample to measure the presence of drugs, alcohol, cannabis, or their metabolites at the same or better levels as existing lab programs. A third party lab will no longer be required if an employer agrees to follow the procedures for the oral fluid test.
A job applicant is still required to submit to lab testing within 48 hours of a positive, inconclusive, or invalid oral fluid test.
‘Straw purchase’ penalties
Looking to curb the ability for people to illegally acquire guns, the penalty for a straw purchase will increase from a gross misdemeanor to a felony.
A "straw purchase" occurs when an individual buys a firearm for someone ineligible to purchase or possess it.
Within the law change, a defense is provided for someone who can show that the transfer was made due to "reasonable apprehension… that refusal would result in inflicting substantial bodily harm or death on the defendant, or a family member of the defendant."
The increased penalty follows the deadly shooting of three first responders in Burnsville earlier in the year – the perpetrator of which had a cache of guns acquired via straw purchases, authorities later learned.
Parental custody
Hoping to make the custody of co-parenting children more equitable in Minnesota, a new law updates statutes related to custody and parenting time, in addition to any financial support provided by a parent.
Beginning in August, a family law court considering temporary custody and parenting time regarding minor children must consider the previously held parenting time arrangement, allowing an opportunity to develop a relationship with each parent.
However, a court will still be required to consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis to deny parenting time. Under the new law, the mental health and safety of the child will also now be considered.
A court is required to give priority to scheduling and holding an expedited hearing when a parent credibly alleges they have been denied parenting time with a child for at least 14 consecutive days, or they have been unreasonably denied access to financial resources or support during the hearing process.
If a child is intentionally kept from visiting one parent, a court must compensate the other for the time, and could impose a fine of up to $500 on a parent who has been found to repeatedly do so.
The law specifies that spousal maintenance, or alimony, should be determined by the length of marriage. If less than five years, a court must presume no maintenance should be awarded.
For marriages of at least five years and less than 20 years, alimony will be awarded with a duration of no longer than one-half the length of the marriage.
For marriages of at least 20 years, alimony will be presumed indefinite.
When determining custody, the court must consider the best interests of the child and must not prefer one parent over the other solely based on the parent’s gender.
Flying cars
Known as the "Jetsons law," Minnesota has paved the way in statute for flying cars – should the technology arise.
The new provisions define "roadable aircraft" as "any aircraft capable of taking off and landing from a suitable airfield that is also designed to be operated on a public highway as a motor vehicle."
The new clarification allows for their registration as a motor vehicle, with the vehicle’s tail number displayed in lieu of plates.
For operations, roadable aircraft are permitted to operate like cars, unless they are at an airport, landing area or in flight. They will not be allowed to take off or land on public roads unless it is an emergency.
Minnesota is the second state after New Hampshire with a "Jetsons" law in its statute.
Child seats, booster seats and seat belts
Past state law deferred to a car seat manufacturer's instructions on a child's height and weight to guide proper usage, but now the state is offering its own rules.
An infant who is younger than 2-years-old must be placed in a rear-facing or convertible child safety seat, which has been customary previously.
However, a child who is at least 2-years-old and has outgrown the rear-facing seat, can be placed in a forward-facing car seat with an internal harness that matches the child's height and weight.
Children who are at least 4-years-old and have outgrown the forward-facing seat with an internal harness can ride while restrained in a booster seat with a seat belt that secures the lap and shoulder.
A 9-year-old child who has outgrown the booster seat can ride with a seat belt that passes the five-step seat belt test, which includes the shoulder belt crossing between the neck and shoulder, a child’s back against the seat, a lap belt on the upper thighs and across the hip bones and the child’s knees able to bend at the end of the seat. They should also be able to sit without slouching for the entire ride.
State officials say a parent should default to the safer restraint option if a child falls into more than one category.