New laws for Minnesotans to take effect Wednesday, January 1, 2014

Includes increased scrap yard surveillance, expanded health care coverage for the poor and home radon disclosure

 

THE MINNESOTA STATE Capitol building
THE MINNESOTA STATE Capitol building

In 2013, the Minnesota Legislature did pass the headline-grabbing new law allowing same-sex marriage.

And, in 2014, both the Senate and the House will take a look at raising the state’s minimum wage.

But, in between the new marriage law milestone- and a forward glance at a possible minimum wage uptick marker – the members of the state’s Senate and House Chambers also passed a number of new laws that will also affect a large contingent of the state’s citizens. These laws will take effect the first day of the 2014 new year – Wednesday, January 1.

The trio topping the list of new laws include increased surveillance at scrap yards, expanded health care coverage for the state’s poor and rules concerning home radon disclosure information.

THE MINNESOTA HOUSE Chamber in the Capitol.
THE MINNESOTA HOUSE Chamber in the Capitol.

Here is a list of those new laws according to the House Public Information Services Department:

  • Concerning scrap metal at salvage yards – Although a new law went into effect last August 1 to help prevent stolen cars from quickly turning around and becoming scrap metal, now effective on January 1, scrap yard vehicle buyers must also install video surveillance cameras that clearly photograph the face, vehicle and license plate of each seller. Those buyers must also provide the information to police upon request.
  • Additional Medical Assistance coverage – About 40,000 additional low-wage earners and their families could qualify for Medical Assistance under a law extending coverage to those making about $15,000 a year or less. The state has exercised the option to expand Medical Assistance under the federal Affordable Care Act. As a result, the federal government will pay all of the cost for adults without children who qualify through 2016. Beginning in 2017, the feds will gradually reduce their share to 90% through 2020 and beyond.
  • Home sellers and radon disclosure – Home sellers must disclose radon testing, as required under the omnibus health policy law passed last  legislature session. One in three Minnesota homes is at risk from radon — an odorless, tasteless gas that is the second-leading cause of lung cancer. The law does not mandate testing, but brochures discussing the issue will be given to home buyers. Sellers with knowledge of radon in the home MUST tell the buyers and hand over records pertaining to testing, if available. Exclusions include property transferred because of divorce, foreclosure and death, and when no money is transferred.
  • THE MINNESOTA SENATE Chamber in the Capitol.
    THE MINNESOTA SENATE Chamber in the Capitol.

    “Ban-the-box” law extends to private employers – This key law passed in 2013 is an extension of a state law passed in 2009 that mandates that public employers wait until an applicant is selected for an interview to ask whether they have a criminal record or criminal history. Now the rule extends to all, making Minnesota the third state to do so – behind Hawaii and Massachusetts. The law will remove the question that asks job applicants to check a box about whether they have ever been convicted of a felony or gross misdemeanor. For jobs that don’t include an interview, employers cannot ask about criminal issues until there is a conditional offer of employment. Employers who violate the new law within the first year will be subject to a written warning after their first offense, followed by cash penalties for any subsequent violations.
    The law had a ripple effect when Target Corporation extended its ban-the-box policy nationwide. It is hoped that the new law will benefit more than the people simply trying to put the past behind them and turn their lives around; as well as beneficial to the business community in accessing potential good employees.

  • Estate sale operator guidelines – Operators of estate sales will be required to guarantee their clients at least $20,000 before agreeing to conduct a sale. The law is the first to regulate estate sales by requiring operators to offer a surety bond, or a promise to pay if they do not fulfill their obligation. Accountants and attorneys are exempt.
  • Chemical spill notification requirement – Under the new law, local jurisdictions MUST be notified within 24 hours of hazardous chemical spills. Under current law, the state emergency response center or a firefighting or law enforcement organization must be notified when a reportable quantity of a hazardous or extremely hazardous substance is released or spilled; however there is no requirement to notify local jurisdictions. The new law requires the state emergency response center to notify a local 911 emergency dispatch center within 24 hours of the notification, unless “the situation requires an immediate response or the area is unknown to the center.” Then, the state emergency response center shall direct the caller to contact local authorities.
  • Access to some juvenile court records restricted – Many juvenile court records and proceedings are already closed to the public. A new law affects records stemming from hearings in which a 16- or 17-year-old has been charged with a felony. Those records are currently public even if an initial felony charge is later reduced or dismissed. The new law limits access only to electronic court records. It will not affect public access to hearings or paper records. The law also makes exceptions that maintain public access to electronic records in certain cases involving serious offenses, unless the prosecutor agrees otherwise.

 

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