December 26, 2007

Ringing in the New Year with New Laws

New laws target text messaging, light bulbs, smoking, civil unions and bus safety.

DENVER - A host of new laws on topics ranging from allowing civil unions in New Hampshire to prohibiting text messaging while driving in Washington state become effective Jan. 1, 2008. The National Conference of State Legislatures found a host of state laws in 31 states ranging from controversial to clever that will become law on New Year's Day.

New Hampshire and Oregon will have new provisions regarding same sex couples. In Illinois, there will be a new law prohibiting smoking in public places while in California, smoking will not be allowed in a car when a minor is present.

Washington and Oregon will prohibit typing messages while driving. In Minnesota, bus cushions must meet new depths. Three states will issue license plates to veterans or family members of military personnel killed in combat. Illinois will allow pets to be included in protection orders. If you sell American flags in Minnesota, they will have to be made in the United States.

The minimum wage will rise in New Mexico, and homeowners in Illinois will have new protections to avert foreclosures. Airline passengers will have a bill of rights in New York state. And bad news if you are an old light bulb in Illinois or mercury in Minnesota, you will see new restrictions. Parents of a newborn in South Carolina will have to watch a video on the dangers of shaking a baby.

Below is a compilation of selected legislation, organized by issue, scheduled to go into effect on Jan. 1, 2008.

CRIMINAL JUSTICE

Ohio will revise certain penalties in its Sex Offender Registration and Notification Law in order to meet recently enacted federal requirements of the Adam Walsh Child Protection and Safety Act of 2006. States have until mid-2009 to comply with the federal act. If not, they face a 10 percent reduction in federal crime funds. (Ohio 127th General Assembly, SB 10)
Illinois will amend its Domestic Violence Act of 1986 to protect pets. Under the provision, the court can grant a petitioner exclusive care and custody of a pet or animal. (Illinois 95th General Assembly, HB 9)
If a child is at risk of being abused in Oregon, the state Department of Human Services will not have to gain written permission from the alleged abuser in order to run a criminal background check. (Oregon 207th Legislative Assembly, HB 2179)

DRIVER'S LICENSES

Alaska's driver's licenses and identification cards will be marked if a person is restricted from consuming alcoholic beverages as a result of a conviction or condition of probation or parole. (Alaska 25th Legislature, HB 90)
In an effort to reduce youth access to alcohol, drivers under the age of 21 in New Hampshire will have a driver's license that is vertical, compared to the horizontal version for those of the legal drinking age. (New Hampshire 94th General Court, HB 1581)

PRIMARY ELECTIONS

Come Jan. 1, California and Florida will be two additional states to host their primary or caucus on or before February 5, 2007. Click here for a complete list of states. (California Legislature, SB 513; Florida Legislature, HB 537)

ENVIRONMENT

In order to reduce energy consumption, all buildings owned or leased by the state of Illinois that are larger than 1,000 square feet must use Energy Star-labeled light bulbs. Historic buildings that are listed on the Illinois Register of Historic Places are exempt from this requirement. (Illinois 95th General Assembly, HB 1460)
Several products sold in Minnesota must be mercury free. This includes stoves, barometers, cooking thermometers, over-the-counter pharmaceutical products, cosmetics, toiletries and fragrances. (Minnesota 85th Legislature, HB 1316)

ETHICS

Oregon has a sweeping government ethics bill that will limit officials to $50 gifts, provide stable funding for the Ethics Commission, increase penalties for ethics violations,
and make financial disclosure forms filed by officials more accessible to the public and easier to understand. (Oregon 207th Legislative Assembly, SB 10)

HEALTH

In South Carolina, hospitals must show new parents a video on the dangers of shaking infants and the importance of child CPR. This video must also be made available to all child care facilities and child care providers so they can include the video presentation in the training of the facility's caregivers. (South Carolina 117th General Assembly, SB 518)
Insurance companies will have to include coverage for contraceptives if they provide benefits for other drugs in Oregon. (Oregon 207th Legislative Assembly, HB 2700)

IMMIGRATION

The Uniform Child Abduction Prevention Act in Utah sets guidelines for judges to use when children of immigrants, who legal status has changed, are at risk of abduction. Three other states (Colo., Kan., LA.) have enacted similar measures. (Utah Legislature, SB 35)

LABOR

In Kentucky, a new law will allow spouses of miners who are killed in mine accidents, injured miners and miners who are otherwise affected by possible safety violations full intervention rights in disciplinary actions before the state Mine Safety Review Commission. (Kentucky 82nd General Assembly, HB 207)
New Mexico will have a minimum wage increases in two phases. Employers must pay $6.50 an hour with an increase to $7.50 an hour on Jan. 1, 2009. (New Mexico 48th Legislature, First Regular Session SB 324)
American flags sold in Minnesota must be manufactured in the United States. (Minnesota 85th Regular Session, HB 122)

REAL ESTATE

California and Colorado will require state-regulated banks and mortgage brokers to follow federal lending guidelines of non-traditional mortgages. Banks and lenders will have to evaluate a borrower's repayment ability and make sure the borrower understands the loan terms and risks before they are issued. (Colorado 66th General Assembly, SB 216 ; California Legislature, SB 385)
A homeowner in Illinois will have the right to keep living in a mortgaged property during foreclosure, with exceptions. Renters also will be allowed to stay in a home that is being foreclosed for the length of the rental agreement or for 120 days as long as the tenant continues to pay rent. (Illinois 95th General Assembly, SB 258)
A home seller in Texas must disclose whether the home was used in the manufacture of methamphetamine. (Texas 80th Legislature, HB 271)

SAME SEX MARRIAGES

In New Hampshire, same sex couples may enter civil unions and have the same rights, responsibilities and obligations as married couples. (New Hampshire 94th General Court, HB 437)
Oregon has new procedures for domestic partnership agreements among same-sex couples. (Oregon 207th Legislative Assembly, HB 2007)

SMOKING

Illinois will prohibit smoking in public places, places of employment, and governmental vehicles. "No Smoking" signs will also have to be posted in each public space and place of employment where smoking is prohibited. (Illinois 95th General Assembly, SB 500)
In California, no one can smoke a pipe, cigar or cigarette in a car, whether in motion or at rest, if there is a minor inside. (California Legislature, SB 7)

STATE GOVERNMENT / REGULATION

Each year, amusement rides in Minnesota will have to be inspected by a certified inspector. Additionally, ride owners and operators will make daily inspections of the rides and may enforce safety rules regarding the riders' behaviors. (Minnesota 85th Legislature, HB 1824)

TRANSPORTATION

A New York state law will penalize airlines failing to provide adequate services to passengers trapped on the tarmac for more than three hours. (New York Legislature, SB 5050C)
In Oregon, youth under the age of 18 will be banned from talking on a cell phone while driving. (Oregon 207th Legislative Assembly, HB 2872)
In Minnesota, school bus seating must have a minimum cushion depth of 15 inches and a seat back height of at least 20 inches. (Minnesota 85th Regular Session, HB 2245)
Drivers will not be allowed to read, write or send electronic messages while operating a motor vehicle in Washington state. (Washington's 60th First Regular Session, HG 1214)

VETERANS

Montana will issue special military or veteran license plates for military personnel, veterans, or spouses. (Montana 60th Legislature, HB 274)
Illinois and Iowa will issue a Gold Star license plates for residents who are the surviving widow, widower or parent of a person who served in the Armed Forces and was killed in combat. (Illinois 95th General Assembly, HB 167; Iowa 81st General Assembly, SB 586)

VOTING

Colorado and Washington are among a number of states trying to streamline the voting process for American citizens and military personnel living overseas. (Colorado 66th General Assembly, SB 234; Washington 60th Legislature, HB 1528)
Florida legislation includes a second wave of major election reform, including expanded absentee voting and paper audit trail of all electronic voting machines. (Florida Legislature, HB 537)

NCSL is the bipartisan organization that serves the legislators and staff 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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Michelle Blackston
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202-624-8667

Meagan Dorsch
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