December 27, 2005
New State Laws Ring in the New Year
Diversity of new laws mirrors diversity of state legislatures
WASHINGTON, D.C. - A host of new state laws will take effect at the stroke of midnight on New Year's Eve. From a ban on violent video games and 'pocket bikes' to the creation of identity theft passports, state legislatures across the country are responding to the needs of their constituents, according to a compilation of legislation by the National Conference of State Legislatures.
"The laundry list of new laws for 2006 reflects the wide breadth of issues that state legislatures deal with in any given year," said William Pound, NCSL's executive director. "State lawmakers are keenly aware of the needs of their constituents and the diversity of issues that will become law rightfully reflects that."
Effective dates for enacted laws vary by state and by legislation. In addition to January 1, July 1 and October 1 are common effective dates. Many states also have emergency legislation provisions which allows legislation to go into effect upon enactment.
Below is a compilation of selected legislation that will become law on January 1, 2006.
Consumer Safety
Operators of Minnesota day care centers must maintain documentation of the make and model for each and every crib used by or accessible to a child in their care. Child care providers will be required to perform an annual check against the U.S. Consumer Product Safety Commission to ensure that the cribs being used are not unsafe. (Minnesota HF 987, 84th Legislative Session)
Criminal Justice
Michigan law enforcement officers will have a new series of laws on the books to help keep children safe from child predators. The new laws:
- Prohibit a registered sex offender from living, working or loitering within 1,000 feet of school property;
- Requires criminal background checks for
- operators and their families of home day care centers;
- employees of day care centers;
- full and part-time school personnel;
- Prohibits day care centers and schools from employing an individual convicted of a 'listed' sex offense.
(Michigan SB 129/601/606/607/609/611/615/616/617 HB 4402/4928/4930/4931/4932/4933/4936/4958, 2005 Legislative Session)
Parents of sexual abuse victims who are under 16 years old in New Hampshire will be able to remain at the sides of their children during trial. (New Hampshire HB 214, 158th Session)
Education
Teachers in Guam will be eligible for a tax rebate of up to $500 worth of personal expenditures spent on classroom materials over an above the federal tax rebate. (Guam Bill 13, 2005 First Regular Session)
Elections
Candidates for public office will no longer be able to use state or county facilities for campaign fundraisers. Candidates will also be restricted from receiving more than 20 percent of their campaign contributions from out-of-state individuals (other than immediate family) and committees. (Hawaii HB 1747, 23rd Legislature)
Energy
Homeowners in Montana who install a geothermal system of heating and cooling will be eligible for a one-time $1,500 tax credit. (Montana SB 340, 2005 Montana Legislature)
Entertainment
Minors in Illinois will no longer be able to purchase or rent video games with violent or sexual content. The new law also establishes criminal penalties for retailers who sell or rent violent or sexual games to minors and creates labeling requirements for games. (Illinois HB 4023, 94th General Assembly)
Environment
The sale of gasoline containing methyl tertiary butyl ether (MTBE) in Montana will be a misdemeanor punishable by a fine up to $1,000 after January 1. (Montana SB 131, 2005 Montana Legislature)
Manufacturers and suppliers of pesticides in Alaska will be charged an $85 label registration fee and / or a $25 applicator certification fee. Alaska was the last state in the union that did not charge a pesticide registration fee. (Alaska HB 19, 2005 Legislative Session)
Health
Severely allergic children in Florida schools will have the right to carry and self-administer epinephrine in the event of an anaphylactic reaction. Individuals with severe allergies to certain foods or stinging insects must have immediate access to medication in order to prevent life-threatening reactions. (Florida HB 279, 2005 Legislative Session)
In Delaware, no vaccine for children under eight years old or pregnant women may contain more than 'trace amounts' of mercury. The law provides an exception for the flu vaccine that exception expires December 31, 2006. (Delaware HB 108, 143rd General Assembly)
Florida pet owners must revaccinate their pets against rabies in accordance with vaccine manufacturers' recommendations. Previous law only required pet owners to vaccinate against rabies once. (Florida HB 255, 2005 Legislative Session)
The Illinois Shaken Baby Prevention Act targets new parents, child care centers and maternal and pediatric health providers, to reduce the number of victims of shaken baby syndrome. (Illinois SB 506, 94th General Assembly)
Parents of kindergarteners in Rhode Island will be required to provide proof that their child has passed a vision screening test within the previous 12 months. If a child has not passed the vision screening, proof of a comprehensive eye examination and follow-up treatment must be provided. (Rhode Island H 5182, 2005 General Assembly)
Prisoners in North Carolina will be going cold turkey on New Year's Day. The use of tobacco products will be prohibited in all correctional facilities throughout the state. The legislation provides an exception for religious purposes. (North Carolina SB 1130, 2005 Session)
A new law in Washington creates a pilot program to require retailers to maintain a log of transactions involving products that contain pseudoephedrine or phylpropanolamine, chemicals which have been used in the illegal production of methamphetamines. Washington already restricts the quantity of pseudoephedrine that can be sold in a single purchase. (Washington HB 2266, 2005 Legislative Session)
Human Services
The Illinois Department of Human Services will be required to establish a pilot program to provide Temporary Assistance for Needy Families (TANF) recipients with assistance in obtaining a post-secondary education. (Illinois HB 2421, 94th General Assembly)
Labor
Minimum wage employees in Vermont will get a pay raise with the new year. The $7.00 per hour minimum wage will increase to $7.25. In following years, the minimum wage will be increased by 5 percent or the percentage increase in the Consumer Price Index, whichever is smaller. (Vermont S 80, 2005 General Assembly)
Local Government
Municipalities in Colorado will be granted the authority to enact laws to hold landlords liable for violations of nuisance laws committed by tenants. (Colorado HB 1277, 2005 Legislative Session)
Natural Resources
Coloradoan hunters and anglers will be paying more for their licenses after the new year. A new Colorado Wildlife Habitat Stamp will be required in order to access state wildlife areas. Funds from the stamp will be used to benefit wildlife habitats. (Colorado HB 1266, 2005 Legislative Session)
Hunters in Maine can now have a new weapon in their arsenal - a crossbow. After successfully completing an archery hunting education program, an individual may obtain a license to hunt bear or deer with an approved crossbow. (Maine HP 63, 122nd Legislature)
Privacy
Louisiana and Minnesota will each have new laws that require the notification of any resident of the state when personal information was, or is reasonably believed to have been, accessed by unauthorized parties. (Louisiana SB 205, 2005 Legislative Session) (Minnesota HF 2121, 84th Legislative Session)
Victims of identity theft in Nevada can apply for an 'identity theft passport' after filing a police report. The identity theft passport can be used to prevent the victim's arrest or detention on charges stemming from the illegal use of the victim's identity and can be used to identify the victim with creditors to aid in the investigation of fraudulent activity. (Nevada SB 304, 72nd Legislative Session)
State Government
Circulators of petitions for ballot initiatives in Washington will face tougher accountability n 2006. Those circulating petitions will be required to swear under penalty of law that the petition was circulated without compensation for signers and that signatures were not forged. (Washington EHB 1222, 2005 Legislative Session)
New York lobbyists will face stricter disclosure laws as well as restrictions on lobbying for government contracts. Penalties are created for violations of lobbying laws. (New York S 5873, 2005 Legislative Session)
Alaskan government officials will be required to provide economic impact statements and other analysis for all proposed regulations that may affect small businesses. (Alaska HB 33, 2005 Legislative Session)
Public meetings of Delaware's executive branch agencies must be posted online to a central calendar of events accessible through the state's web portal. (Delaware SB 131, 143rd General Assembly)
State legislators in Montana restricted the term of the state's Supreme Court. The Montana Supreme Court will only be able to meet for one term each year rather than four terms per year required under current law. (Montana HB 211, 2005 Legislature)
Taxes
New Mexico taxpayers will get a break in 2006. All taxpayers who do not fall within the state's top tax bracket will receive a tax rebate to help compensate for the high energy costs. Additionally, filers in the top tax bracket will see a tax cut enacted in 1993 accelerated. (New Mexico HB 10, 47th Legislature First Special Session)
Transportation
Automobile manufacturers who sell vehicles in Nevada that contain an event recording device or 'black box' must include a disclosure of the device's existence in the vehicle's owner's manual. The disclosure must notify an owner of the device's ability (if applicable) to:
- Record the direction and rate of speed at which the motor vehicle travels;
- Record a history of where the motor vehicle travels;
- Record steering performance'
- Record brake performance, including whether the brakes were applied before an accident;
- Record the status of the driver's safety belt; and
- Transmit information concerning the accident to a central communications system.
Additionally, the data recorded cannot be downloaded or otherwise retrieved by a person other than the registered owner of the vehicle. (Nevada AB 315, 2005 Legislative Session)
'Pocket bikes', miniature motorcycles usually fueled with a gas or electric engine, will be banned from public roads in New Hampshire after January 1, 2006. Additionally, 'pocket bike' retailers will be required to provide written disclosure to purchasers that advises them that their existing insurance policies may not provide coverage for damages that occur while operating a 'pocket bike' and that the devices are not legal for operation on public roads. (New Hampshire HB 286, 158th Session)
Children in New Hampshire will be required to wear approved protective headgear when riding their bicycles on public roads and trails. (New Hampshire HB 118, 158th Session)
Drivers in Georgia will be able to sport license plates donning the NASCAR logo and the colors of their favorite driver. The new law also designates Bill Elliott Day in honor of the popular 1988 NASCAR Winston Cup champion. (Georgia SB 168, 2005 Legislative Session)
Operation of personal watercraft in New York will be restricted to individuals over the age of 14 who have completed a boating safety course or are accompanied by an individual 18 years-old or older who has completed a boating safety course. (New York S 4129, 2005 Legislative Session)
Idaho drivers will have to file a police report when they are involved in an accident that involves more than $1,500 of property damage to any one person's property. (Idaho HB 208, 2005 Legislative Session)
Off-road enthusiasts in Indiana will be required to apply for and obtain a certificate of title for their off-road vehicles. (Indiana HEA 1315, 114th General Assembly)
NCSL is the 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.
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