December 20, 2006 New Laws Ring in the New Year At least 32 states have new laws going into effect January 1 WASHINGTON, D.C. - Residents in at least 32 states will wake up New Year’s Day to a host of new state laws, according to a compilation of legislation from the National Conference of State Legislatures. The new state laws run the gamut of issues, as lawmakers have responded to the needs of their constituents. Five states increased the minimum wage. New Mexico started a DNA database. Rhode Island now requires health plans to cover smoking cessation programs. And it will be illegal in Arkansas to publicly display a person’s Social Security number. Smokers in Texas will pay an additional $1 tax per pack of cigarettes. In Illinois, you can talk to a live operator when you call a state agency. And in Michigan, you can use the Internet to find out where illegal meth labs have been located. Below is a compilation of selected legislation, organized by issue, that will go into effect on January 1, 2007. CRIMINAL JUSTICE - In an effort to maintain closer supervision, Illinois registered sex offenders’ driver’s licenses will now expire every 12 months. Additionally, if it is found that an individual who is required to register under Illinois’ sex offender laws has not done so, that individual’s driver’s license can be cancelled. (Illinois 94th General Assembly, SB 2962)
- Members of the public in Michigan will be able to sign up to receive e-mail notifications of when a registered sex offender moves into their zip code. (Michigan 93rd Legislature, SB 128)
- Michigan residents will be able to use the internet to find out the locations of illegal methamphetamine laboratories after the new year. Michigan law enforcement officials must work with the Department of Community Health to maintain the status of each lab and whether the property has been remediated or not. (Michigan 93rd Legislature, SB 1115)
- As of January 1, peonage becomes a class A misdemeanor in New Hampshire. The crime is defined as holding a victim in a condition of involuntary servitude for the repayment of debts. (New Hampshire General Court, 159th Session, HB 1662)
- Anyone arrested in New Mexico for a felony will be required to provide a DNA sample to law enforcement officials. The act is intended to create a DNA identification system to help solve crimes, track sex offenders and identify missing persons. (New Mexico Legislature, 2006 Legislative Session, SB 216)
ELECTIONS - North Carolina legislators eased ballot requirements for unaffiliated and third-party candidates. Official recognition of a third party will be achieved if that party’s candidate for governor or president garners 2 percent of the vote in the previous statewide election. Additionally, an unaffiliated candidate statewide office must only gather signatures of 2 percent of the voters in the last gubernatorial election rather than 2 percent of the total registered voters. (General Assembly of North Carolina, 2006 Session, HB 88)
- Attendant care workers will be added to the list of individuals who may assist disabled voters in casting their ballots at election time. (Georgia General Assembly, 2006 Legislative Session, HB 1435)
EMINENT DOMAIN - Illinois enacted eminent domain legislation in response to the Supreme Court decision in 2005. The new law that goes into effect January 1 puts the onus on state and local government to prove that a property is ‘blighted’ rather than require the property owner to prove that the parcel is not blighted. (Illinois 94th General Assembly, SB 3086)
- Iowa’s legislature enacted legislation to prevent the taking of private property for ‘economic development’ purposes. The legislation states private property can only be taken for public uses. (Iowa General Assembly, 2006 Legislative Session, HF 2351)
ENVIRONMENT - Ocean-going vessels who discharge ballast without a permit in Michigan waters will be subject to penalties under the state’s water pollution laws. Ships must apply for a permit and prove that they use environmentally sound methods to discharge ballast that prevents the discharge of invasive species into Michigan waters. (Michigan 93rd Legislature, HB 4603)
ETHICS - Lobbyists in North Carolina will face tougher reporting and disclosure requirements in 2007. Lobbyists will be required to disclose monthly (while the legislature is in session, quarterly otherwise) the amount of money they are spending lobbying the legislature. Additionally, legislators will be able to opt-in to a “no-gift registry” to let lobbyists and their clients know that they do not wish to receive gifts or free meals. (General Assembly of North Carolina, 2005 Session, SB 612)
- Ethics reform was a frequent topic in the North Carolina General Assembly. Just a few months after enacting major lobbying reform, the legislature created an independent ethics commission, tightened lobbying disclosure rules and created conflict-of-interest standards for legislators. (General Assembly of North Carolina, 2006 Session, HB 1843)
HEALTH - Health insurers in Michigan would be allowed to offer premium rebates or reductions or reduced copayments, coinsurance or deductibles in exchange for the insured’s participation in certain wellness programs offered through an employer. (Michigan 93rd Legislature, SB 848 & 849)
- In Alaska, health plans will be required to cover the costs of colorectal cancer screening and testing procedures for individuals who are considered high-risk or are over 50 years of age. (Alaska 24th Legislature, HB 393)
- Medical professionals who specialize in orthotics and prosthetics will be required to obtain a license to practice by the state. Individuals who are certified by the American Board for Certification in Orthotics and Prosthetics will be eligible for licensure. (Rhode Island General Assembly, 2006 Session, H 7103B)
- Health plans in Rhode Island will be required to cover smoking cessation programs. The legislation includes coverage of over-the-counter or prescription nicotine replacement therapies so long as they are used in conjunction with out-patient counseling sessions. (Rhode Island General Assembly, 2006 Session, S 2706Aaa)
- Licensed health care facilities in Rhode Island must designate a ‘safe patient handling committee’ and begin to develop a written plan to prevent injuries to patients and to health care workers responsible for moving patients. Implementation of the plans begins January 1, 2008. (Rhode Island General Assembly, 2006 Session, H 7386Aaa)
HUMAN SERVICES - If a child abuse or neglect complaint is filed against a parent or guardian in New Hampshire or Washington, social services caseworkers must notify the parent or guardian of the charges leveled against them. Additionally in New Hampshire, caseworkers must tell parents they are under no obligation to allow caseworkers into their home or to interview their children. (New Hampshire General Court, 159th Session, HB 587; Washington Legislature, 59th Regular Session, Second Session, SB 5922)
- The definition of work activities under Washington’s Work First welfare program will be expanded to include financial literacy activities designed to assist participants in becoming self-sufficient and financially stable. (Washington Legislature, 59th Regular Session, Second Session, HB 2394)
IMMIGRATION - Colorado employers will have 20 days to verify the legal work status of a new employee. Employers who recklessly fail to maintain the documentation will be subject to fines of up to $5,000 for the first offense and $25,000 for subsequent offenses. (Colorado General Assembly, 2006 Special Session, HB 06S-1017)
LABOR - Workers making minimum wage in North Carolina will get a pay raise. Effective January 1, 2007, the minimum wage in North Carolina will be $6.15 per hour. (General Assembly of North Carolina, 2006 Session, HB 2174)
- Hawaii’s minimum wage will increase on January 1 to $7.25 per hour. (Hawaii 23rd Legislature 2005, SB 294)
- Rhode Island’s minimum wage will increase on January 1 to $7.40 per hour. (Rhode Island General Assembly, 2006 Session, H 6718)
- Massachusetts’ minimum wage will increase on January 1 to $7.50 per hour. (Massachusetts General Court, 2006 Session, H 4781)
- Connecticut’s minimum wage will increase on January 1 to $7.65 per hour. (Connecticut General Assembly, 2005 Regular Session, HB 6228)
PRIVACY - As of January 1, 2007 it will be illegal in Arkansas to publicly post or display an individual’s social security number or to require an individual to transmit their social security number via the internet unless the information is encrypted. (Arkansas 85th General Assembly, SB 335)
- Employers in Maryland are no longer allowed to print an employee’s social security number on their paycheck or any part of the pay stub. (Maryland General Assembly, 2006 Regular Session, HB 388)
- Victims of identity theft in Hawaii, Kansas, New Hampshire, Oklahoma, Pennsylvania, Rhode Island and Wisconsin will be able to place a security freeze on their credit reports. The security freeze will prevent credit reporting agencies from releasing information to unauthorized parties without the consumer’s authorization preventing perpetrators of the identity theft from obtaining additional credit. (Hawaii 23rd Legislature 2006, HB 1871; Kansas Legislature, 2006 Session, SB 196; New Hampshire General Court, 159th Session, SB 334; Oklahoma Legislature, 2006 Regular Session, SB 1748; General Assembly of Pennsylvania, Session of 2005, SB 180; Rhode Island General Assembly, 2006 Session, H 7148Aaa; Wisconsin State Legislature, 2005 – 2006 Session, AB 912)
RECREATION - Non-resident, recreational fisherman in North Carolina will pay more for a fishing license in 2007 than they have in the past. Fisherman from other states will pay twice the amount of a North Carolina resident to fish the coastal waters of the state. However, the Fourth of July has been designated a “Free Fishing Day.” As such, recreational anglers are not required to have a license to fish on the Fourth of July. (General Assembly of North Carolina, 2005 Session, SB 1126)
- New boating safety regulations in Oklahoma will require minors 12 – 15 years old to successfully complete a boating safety education course in order to operate motor or sailboats. The minors must also be accompanied by an adult while operating a vessel. (Oklahoma Legislature, 2006 Regular Session, SB 1495)
- New personal watercraft regulations in Maine require individuals who are 16 or 17 years old and wish to operate a personal watercraft to complete a boater safety education course. The 16 or 17 year old can only operate the personal watercraft if accompanied by someone over 18 years of age. (Maine 122nd Legislature, LD 307)
- Residents in New Hampshire will be allowed to use a leashed dog to track wounded deer, moose or bear after the first of the year and in accordance with regulations promulgated by the state fish and game agency. (New Hampshire General Court, 159th Session, HB 1646)
- New Mexico residents born in 1989 or after must complete a safe boating course prior to operating a vessel on the state’s lakes and rivers. Additionally, children 12 years of age or younger are required to wear personal floatation devices at all times while a passenger on a recreational boat unless they are below deck. (New Mexico Legislature, 2006 Legislative Session, SB 118)
STATE GOVERNMENT / REGULATION - Contractors in Georgia who face delays in the permitting process may see some relief in 2007. If a contractor submits plans for compliance review to a local government agency and those plans are not reviewed within 30 days, the contract can instead hire a private firm to review the plans to ensure compliance with the proper building codes. (Georgia General Assembly, 2006 Legislative Session, HB 1385)
- Illinois residents seeking information from state agencies will no longer be frustrated by automated telephone answering systems. Under a new law going into effect January 1, state agencies that use automated answering systems must offer an option to speak with a live operator. (Illinois 94th General Assembly, HB 1589)
TAXES - Corporations and philanthropists in Rhode Island will be eligible for a tax credit up to $100,000 for donations to scholarship organizations beginning in 2007. (Rhode Island General Assembly, 2006 Session, H 7120Aam)
- Many Utahns will see their taxes reduced for 2006 and will have an option of a flat tax rate with limited deductions for the 2007 tax year. Additionally, the Utah Legislature reduced the sales tax rate on food and food ingredients from 4.75 percent to 2.75 percent. (Utah Legislature, 2006 Fourth Special Legislative Session, SB 4001; Utah Legislature, 2006 General Session, HB 109)
- Iowa seniors will receive the first part of a tax break in 2007. The new law phases out state income tax on Social Security benefits over eight years. (Iowa General Assembly, 2006 Legislative Session, SF 2408)
- Florida legislators repealed the annual personal property tax on stocks, bonds, notes and other intangible personal property. (Florida Legislature, 2006 Legislature, HB 209)
- Smokers in Texas will start paying $1.00 more per pack as of the first of the year. (Texas 79th Legislature, 3rd Special Session, HB 5)
TELECOMMUNICATIONS - The state of North Carolina becomes the sole video franchising authority after the new year. Cable and video services companies wishing to do business in the state will no longer have to seek approval from the myriad of local authorities. The legislation was designed to increase competition among video service providers. The law also applies the states 7 percent sales tax to video programming regardless of the technology used. (General Assembly of North Carolina, 2006 Session, HB 2047)
- Virginia will begin the new year with a completely revamped telecommunications tax structure. The state modernized their telecommunications taxes such that a flat five percent tax on all telecommunications takes the place of four other taxes imposed on various telecommunications services. (Virginia General Assembly, 2006 Legislative Session, HB 568)
TRANSPORTATION - Families of fallen service members in Colorado and Georgia will be eligible for special license plates in the new year. The Colorado license plates shall bear the word ‘Fallen’ while the Georgia plates will include the phrase ‘Gold Star Family.’ (Colorado General Assembly, 2006 Regular Session, HB 06-1072; Georgia General Assembly, 2006 Legislative Session, SB 523)
- Prospective drivers in Missouri will need to spend more time behind the wheel in order to qualify for their driver’s license. Applicants for a driver’s license must complete 40 hours behind the wheel including 10 hours of nighttime driving. (Missouri General Assembly, 2006 Legislative Session, SB 1001)
UTILITIES - Illinois residents will be able to choose real-time pricing for their electrical utilities. Real-time pricing bases electricity prices on an hour-by-hour calculation of electricity supply and demand. (Illinois 94th General Assembly, SB 1705)
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