A Host of New Laws Ring in the New Year

A host of new laws ranging from restricting tanning beds in Texas to prohibiting the sale of novelty lighters to children in Louisiana become effective Jan. 1, 2010.

All 50 state legislatures, the District of Columbia, Guam, Virgin Islands and Puerto Rico met in regular session in 2009. State legislatures enacted 40,697 laws during this legislative session. 

The National Conference of State Legislatures (NCSL) found a host of those state laws—in at least 30 states ranging from controversial to clever—that will become effective on New Year's Day.

In Texas, college students will need to show proof they've been vaccinated against bacterial meningitis before they can live on campus. In Kentucky, people will be limited on how much money they can borrow through payday loans. And in Illinois, drivers will be prohibited from texting while driving.

Not all laws passed by state legislatures become effective on Jan. 1. State constitutions or statutes usually establish when laws go into effect. Sometimes, an effective date is written into the specific piece of legislation.

This is not an exhaustive list, but a sampling of some new state laws (organized alphabetically by topic) effective on New Year’s Day.

Animals

Licensed physical therapists in New Hampshire will by allowed to obtain special certification to practice on animals. New Hampshire General Court, HB 345

Certain dog breeders in Washington state will have to adhere to new guidelines that limit the number of breeding dogs to 50, require adequate room and exercise time, and describe sanitary conditions required for the dogs. Washington Legislature, SB 5651

Crime

New Hampshire will remove the statute of limitations on assisting or concealing a murder. New Hampshire General Court, HB 430

Also, New Hampshire now will require a presentence report for defendants charged with a misdemeanor or felony who are members of the armed forces or veterans, and have been diagnosed as mentally ill. The presentence report must include treatment recommendations and instructs the court to consider the recommendations of any diagnosing or mental health professional when imposing the sentence. New Hampshire General Court, HB 295

A new Texas law will give tenants the right to leave and avoid lease liability if certain sex offenses or domestic violence occurs on the premises. Texas Legislature, SB 83

In Nevada, new procedures will be put into place for people who want to petition the court to regain certain rights related to firearm possession if they have already been adjudicated mentally ill or involuntary committed. This bill also mandates that courts  provide records of mental illness to the Central Repository for Nevada Records of Criminal History and then include those records in all appropriate databases of the federal National Instant Criminal Background Check System for firearm purchases. Nevada Legislature, AB 46

 Education

New Mexico will provide conditional tuition waivers for resident medical students who choose primary care and then practice in underserved areas of the state for a period of time. New Mexico Legislature, SB 593

The principal or administrator of any school in California that offers home school programs now will be allowed to issue work permits to home school students. In California, kids between the ages of 12 and 18 must have a permit before they can work at most jobs in the state. California Legislature, AB 66

In Texas, all first-time freshmen and transfer students who wish to live in a residence hall on campus must now be vaccinated against bacterial meningitis. Texas Legislature, HR 4189

Environment

In California, a law passed  in 2006, gave residents until Jan. 1, 2010, to reduce the amount of lead in specific plumbing fixtures to a new standard not to exceed 0.25 percent. California Legislature, AB 1953

Financial Services

New payday loan regulations go into effect in Kentucky. Borrowers now will be restricted to two loans totaling no more than $500 at one time. If a payday lender lends to someone already at the max, the state will now have broader powers to punish them. A statewide database of lenders with more than 20 locations will be created later in the year. Until that time, lenders are require to have internal databases to make sure borrowers are eligible. Kentucky General Assembly, HB 444

Human Rights

New Hampshire will prohibit the trafficking of people for the purposes of sexual or labor exploitation. The law provides for forfeiture, restitution and compensation. New Hampshire General Court, HB 474

Health and Public Health

In Montana, insurance companies will be required to provide coverage for autism spectrum disorders. Montana Legislature, SB 234

In Texas, teenagers who might want a tan for prom now will have to be accompanied to the tanning facility by an adult. Texas Legislature, HB 1310

A new public safety campaign in Louisiana will warn residents about the risks of consuming seafood from China. Several state agencies will encourage signs, labels, placards and menu boards to promote consumption of Louisiana seafood and to warn of the risks of eating Chinese seafood. Louisiana Legislature, HB 551

The California Legislature passed a law in 2008 that requires restaurants to use oils, margarines and shortening with less than half a gram of trans fat per serving starting on Jan. 1, 2010. A similar provision will apply to baked goods on Jan. 1, 2011. California Legislature, AB 97 (2008, enacted, Chapter No. 207)

Tennessee will require each medical practice site where a controlled substance is given to patients to have electronic access to the state controlled substance database. Tennessee General Assembly, HB 151

Pension and Benefits

The age and service requirement has changed for state employees and teachers joining the New York retirement system if they are hired on or after Jan. 1, 2010. Nevada also has similar legislation going into effect on Jan. 1. New York Legislature, SB 66026 and the Nevada Legislature, SB 427

Same-sex marriage

Same-sex couples will be able to marry in New Hampshire beginning Jan. 1, 2010. New Hampshire General Court, HB 436

Safety

Any lighter that appeals to children will no longer be allowed to be sold in Louisiana. This includes lighters that have a toy-like appearance or entertaining audio or is commonly recognized as appealing, attractive, or intended for use by young children. The new law does not apply to novelty lighters made before Jan. 1, 1980. Louisiana Legislature, HB 199

A smoke detector in Texas now will need to be capable of alerting a hearing-impaired person if requested by a tenant. Texas Legislature, SB 1715

In New Hampshire, single and multi-family dwellings will need to have carbon monoxide detectors installed if they are built or substantially rehabilitated after Jan. 1, 2010. New Hampshire General Court, HB 120

Transportation

Oregon’s new seat belt law requires children under the age of 16 to wear a seat belt on an all-terrain vehicle or a motor vehicle while on public property. Oregon Legislative Assembly, SB 579

Also in Oregon, the fine for people who ride a motorcycle without a license will increase to $720. The law also requires the court to suspend or dismiss the fine if the operator completes the necessary training course and obtains a motorcycle endorsement within 120 days of sentencing. Oregon Legislative Assembly, SB 124

In Montana, a special motorcycle license plate will be designed for and issued to military personnel, veterans and spouses. A $10 fee for the plate will go into a special account for the state veterans’ cemeteries. Montana Legislature, HB 306

Illinois joins at least 18 other states in prohibiting drivers from sending text messages while driving. Illinois General Assembly, HB 71 Public Act 130

Kansas' new graduated driver’s licenses law will provide a new process for teen drivers to gain experience in a safer environment. Kansas Legislature, HB 2143

Technology

Data collectors doing business in Nevada must comply with certain standards or use encryption to protect personal information that is either transmitted electronically outside the secure system of the data collector or that is held on devices such as cell phones, thumb drives or laptops, that are moved beyond the control of the data collector. Businesses that meet the encryption requirements for the transfer of personal information will not be liable for a breach of the security of the system data in certain circumstances. Nevada Legislature, SB 227

Telecommunications

If you prepay for wireless communication, your purchase will be subjected to a statewide 911 service charge in Louisiana. This charge will be used to support emergency 911 services across the state. Louisiana Legislature, HB 782

NCSL is a bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.