New Laws Going Into Effect Impact ​​​Drivers, Sex Offenders, More

MINNESOTA — State officials have released a list of select new laws passed during the 2018 legislative session that took effect Aug. 1, 2019. Among those highlighted in a news release are laws related to driving, public safety, mental health, and more.

Transportation

Light rail train drivers subject to reckless, careless driving prohibitions

Drivers of Metro Transit’s light-rail vehicles will be subject to the state’s reckless and careless driving laws. Sponsored by Rep. Cheryl Youakim (DFL-Hopkins) and Sen. Carla Nelson (R-Rochester), the new law makes clear that prohibitions on reckless and careless driving apply to drivers of the public transit vehicles operated by the Metropolitan Council. Penalties for careless or reckless driving are considered a misdemeanor, punishable by a fine of up to $1,000, imprisonment for up to 90 days, or both. If a reckless driving violation causes great bodily harm or death it is considered a gross misdemeanor, with penalties of a fine of up to $3,000 and imprisonment for up to one year.

Expanded distracted driving law aims to take phones out of drivers’ hands

Minnesota will join a growing list of states with prohibitions on holding cellphones and other wireless communication devices while behind the wheel. Sponsored by Rep. Frank Hornstein (DFL-Mpls) and Sen. Scott Newman (R-Hutchinson), the new law broadens the state’s existing ban on texting while driving, barring drivers from holding a cellphone or other wireless communication device while operating a motor vehicle that is in motion or operating as a part of traffic on a street or highway.

Drivers will be required to use hands-free technology when making calls, sending messages, or accessing content — including audio and navigation software — behind the wheel. It does not change a petty misdemeanor penalty for violations. The law specifies that a communications device does not include a device or feature that is physically integrated into the vehicle, a GPS or navigation system that is only capable of being used for navigation purposes, or a two-way radio, CB radio, or amateur radio equipment used in accordance with Federal Communications Commission rules.

Calls and messages made or composed using a hands-free device are exempt from the prohibition, as are messages or calls placed to obtain emergency assistance. So, too, is the use of a navigation system on a device that does not require the driver to type while the vehicle is in motion or a part of traffic, provided the driver does not hold the device with one or both hands. Also exempt is the use of a device to listen to audio-based content in a manner that doesn’t require the driver to scroll or type while the vehicle is in motion.

Slower vehicles stay right

Part on the omnibus transportation law modernizes and clarifies requirements on operating slow vehicles on the right side of the road and moving out of the left-most lane to allow others to pass. If the roadway has more than one lane in each direction, a person must move out of the leftmost lane to allow another vehicle to pass, when practicable under existing conditions.

This will not apply when overtaking and passing another vehicle proceeding in the same direction, preparing for a left turn at an intersection or into a private road or driveway, preparing to exit a controlled-access highway on the left side of the road, the lane is designated and posted for a specific type of traffic, or the vehicle is an authorized emergency vehicle.

Under the law, on “a roadway with one lane in the direction of travel a person proceeding at a speed that is sufficiently low as to create a traffic hazard must operate the vehicle as close as practicable to the right-hand curb or edge of the roadway.”

Plate, sticker and license increases

Fees for license plates, including specialty plates, as well as for driver’s licenses are set to increase. A portion of the increase is temporary. As part of the omnibus transportation law new “plate and validation sticker fees apply for the original, duplicate or replacement issuance of a plate in a plate year.”

The fees include $7 for a set of regular and disability plates, $11.50 for specialty plates, $15.50 for personalized plates and $16.50 for collector plates. From Aug. 1, 2019 to June 30, 2022, the plate fee amount is temporarily higher by an additional $1.

The fee is increased by $3.75 for all classes of REAL ID compliant or noncompliant driver's licenses and enhanced driver's licenses. Similar to license plates, the license fee is an additional 75 cents higher from Aug. 1, 2019 to June 30, 2022.

New tool to enforce laws in Minnesota’s work zones

Minnesota motorists will want to pay extra attention in the state’s work zones. A measure sponsored by Rep. Erin Koegel (DFL-Spring Lake Park) and Sen. Jason Rarick (R-Pine City) will allow a peace officer to issue a citation to a driver if a qualified work zone flagger has reported a violation of flagger directions, speeding or various traffic control laws.

The new law requires that, to establish probable cause, the work zone flagger’s report must include a description of the vehicle and the time of the incident. The flagger must first have completed training related to flagging operations and traffic laws. The officer is authorized to issue a citation if it is within a four-hour period following the time of the incident.

Letter from licensed physical therapists can be used for disability plates, permits

Disability plates and permits will be easier to obtain for those who need them. Sponsored by Rep. Jennifer Schultz (DFL-Duluth) and Sen. Jeff Howe (R-Rockville), the change will authorize licensed physical therapists to provide a required medical statement that an individual can use to obtain a disability parking permit or disability license plates.

Fallen service member to be honored

A portion of Kandiyohi County highway will be designated the “Ryane Clark Memorial Highway” to memorialize a Minnesota service member killed in action. Sponsored by Rep. Dave Baker (R-Willmar) and Sen. Andrew Lang (R-Olivia), the law designates a stretch of Trunk Highway 23 between New London and Spicer in honor of Pfc. Ryane Clark who was killed while serving in Afghanistan in 2010.

Stretch of highway will honor corrections officer killed in line of duty

A stretch of Minnesota highway will honor a corrections officer killed while on duty. Sponsored by Rep. Bob Dettmer (R-Forest Lake) and Sen. Karin Housley (R-St. Marys Point), the portion of Trunk Highway 95 from Interstate 94 to Trunk Highway 36 will be designated as “Corrections Officer Joseph Gomm Memorial Highway.” An inmate attacked and killed Gomm, who had served as a corrections officer for 16 years, at the Minnesota Correctional Facility in Stillwater in July 2018.

Highway to honor Mayer firefighter

Sponsored by Rep. Jim Nash (R-Waconia) and Sen. Scott Jensen (R-Chaska), a new law designates a portion of Trunk Highway 25 — from Mayer to Trunk Highway 7 in Carver County — as the “Captain Jeffrey Vollmer Memorial Highway.” Vollmer was a member of the Mayer Fire Department who died of a heart attack after a training exercise in December 2017.

Businessman, philanthropist, honored on stretch of highway

A stretch of Dakota County highway will honor a prominent Minnesota businessman. Sponsored by Rep. Tony Albright (R-Prior Lake) and Sen. Eric Pratt (R-Prior Lake), a new law will designate portions of Trunk Highways 282, 13, 3 and 50, as well as Dakota County State-Aid Highway 50, from Jordan to U.S. Highway 61 near Miesville as the “Richard J. Ames Memorial Highway.” Ames, a noted philanthropist who died in early 2019, was the founder of Ames Construction.

Public Safety

Predatory and sex offender, DWI policy changes

Provisions within the omnibus public safety and judiciary law taking effect Aug. 1, 2019 include policies impacting sex and predatory offenders and changes to penalties for driving a vehicle under the influence of a substance.

Among the changes related to sexual offenders, the law will:

• Require a sentencing judge to justify in writing a stay of adjudication for felony criminal sexual conduct offenses
• Extend the scope of certain criminal sexual conduct statutes so that an adult in a position of authority over a 16- or 17-year-old within the past 120 days is subject to criminal penalties for having a sexual relationship with the juvenile. Prior to the change, the position of authority provision only applied when the adult was responsible for the health, welfare or supervision of the child victim at the time of the offense
• Increase the maximum penalty to 15 years for dissemination of child pornography for a profit or for using a minor in a sexual performance or pornographic work if the victim is under age 13 or if the offender is a repeat offender or registered as a predatory offender
• Increase the maximum sentence for possession of child pornography to 10 years for offenses that involve a victim under the age of 13
• Eliminate the exclusion to fifth-degree criminal sexual conduct for intentionally touching the clothing covering the immediate area of the buttocks with sexual or aggressive intent
• Prohibit a peace officer from sexually penetrating a person who is restrained by the officer or otherwise does not reasonably feel free to leave the officer’s presence. Victim consent cannot be used as a defense. A predatory offender who committed a registerable offense in another state must register in Minnesota if they spend more than 30 days a year in Minnesota.

As for driving, a person’s snowmobile, ATV and motorboat operating privileges must be revoked when they fail a lawfully administered test to determine if the person was operating a motor vehicle under the influence. This further conforms to the so-called “Little Alan’s Law” enacted in 2018, which expanded the prohibition on operating off-road vehicles following a conviction for a driving while intoxicated offense and eliminated the driver’s license revocation exemption for off-road DWI offenses.

The law also expands the list of prior convictions that enhance an offense to first-degree DWI by including impaired driving-related criminal vehicular operation convictions in other states if the other state’s statute conforms with Minnesota law.

Jurisdictional restrictions on tribal police removed

A new law will allow the Prairie Island Indian Community of the Mdewakanton Dakota tribe to have concurrent jurisdictional authority with the local county sheriff to enforce state criminal law on the community's reservation regardless of whether a cooperative agreement is made with the sheriff.

Other laws

Hennepin County can cast wider net for library director

A requirement that the Hennepin County library director must have a graduate degree from a school accredited by the American Library Association has been removed. Sponsored by Rep. Mike Freiberg (DFL-Golden Valley) and Sen. Paul Anderson (R-Plymouth), the law will allow Hennepin County to draw from a wider pool of job applicants when searching for future library directors, according to proponents. The law also specifies that “preference shall be given to candidates with library experience.”

Rejecting racially restrictive covenants

Homeowners who find that their property titles contain racially restrictive covenants will have an opportunity to reject them. Although it has been illegal to include such covenants since the passage of the federal Fair Housing Act in 1968, language restricting homeowners from selling their property to individuals based on their religion, national origin, race or color remains attached to many property titles. Rejecting a restrictive covenant will not alter the text of the title. Instead, it will add an affidavit to the title stating that the homeowner has rejected the covenant.

CEMTs can serve on a basic life support ambulance service

Community emergency medical technicians will be permitted to serve on a basic life support ambulance service. Under current law, their authorization is limited to medical response units, which are organized at the local level and provide initial medical care, before an ambulance service arrives. Proponents say the change will clarify existing law and correct an oversight. Another change makes services provided by community paramedics via telemedicine covered under Medical Assistance.

New law modifies supervision of temporary body art technicians

Requirements for the supervision of temporary body art technicians will be modified. The law is a continuation of work that started two years ago, and supporters say is necessary to better reflect the training necessary to supervise new body piercers and meet workforce demands. It will allow body piercing technicians, who have performed at least 500 body piercings, to supervise a temporary technician.

Tattoo technicians with at least two years of experience can supervise a temporary technician. The law will also require body art technicians supervising more than four body piercing technicians, or two tattoo technicians, to provide the Health Department with plans explaining how they will provide adequate supervision.

Duty to warn expanded to include students and interns

Mental health professionals will be required to disclose private information to law enforcement agencies, the potential victim and the family of the client if that client communicates a serious threat of physical violence to themselves or a specific, potential victim. The law will also extend these requirements to include applicants for licensure and students or interns practicing professional counseling as part of an educational program.

The change is one of two technical corrections made to health licensing in the law. The other modifies the Board of Behavioral Health and Therapy’s reciprocity requirements for licensed professional counselors, licensed professional clinical counselors and licensed alcohol and drug counselors who have practiced for at least five years, by eliminating the requirement that licensure requirements in the other state to be substantially similar to those in Minnesota.

Retaliation in nursing homes prohibited

A new law, in part, provides a framework for licensure of assisted living facilities and assisted living facilities with dementia care by Aug. 1, 2021. However, a portion taking effect two years sooner prohibits a nursing home or housing with services establishment that uses assisted living title protection from retaliating against a resident or employee if the resident, employee or person acting on the resident’s behalf files a good faith complaint, makes a good faith inquiry, asserts a right, indicates a good faith intention to file a complaint, files a maltreatment report in good faith, seeks help from or reports a crime to the nursing home or others, seeks advocacy assistance, files a civil action, participates in an investigation or legal proceeding, contracts with a service provider other than the nursing home or places an electronic monitoring device in the resident’s private space.

Per the law, illegal retaliation could include any form of discrimination, restriction or prohibition of visitors, withholding of food or care, discharge or transfer, or unauthorized removal, tampering with or deprivation of technology, communication or electronic monitoring devices.

New law sheds more light on clinic fees

Provider-based clinics will need to disclose facility fees for nonemergency services before treatment. Intended to ensure patients are not surprised by separate charges resulting in higher out-ofpocket expenses than expected, the law will require prominently posted and easily accessed statements informing patients of potential separate charges relating to use of the facility. Website information must be included. Laboratory services, imaging and other services provided by health care staff not employed by the clinic will be exempt from the notification requirement.

More families could be reunited through expansion of reestablishment petitions

A new law will allow individuals whose parental rights have been terminated to petition for the reestablishment of the legal parent-child relationship. Previously, this petition could only be filed by a county attorney. Parents filing this petition will be required to have corrected the conditions that led to the termination of their parental rights.

The application process calls for details including treatment and work histories, why the parent decided to seek reunification and how it is in their child’s best interest. The reunification process will include a court hearing during which guardians ad litem and caseworkers will be able to weigh in on the decision, which will ultimately be made by a judge.

The law also strikes a provision requiring children to be at least 15 years old at the time of the petition, but increases the time the child must have spent in foster care from 36 months to 48 months.

Authorized individuals – as well as entities – allowed to use epinephrine auto-injectors

More people will be allowed to administer epinephrine auto-injectors, or EpiPens, to help someone having an allergic reaction. “Authorized individuals” will be added to existing statutes governing the use of EpiPens, alongside “authorized entities” and the law clarifies they qualify for this standing through the successful completion of a training program. A provision states that the possession and administration of epinephrine auto-injectors at public schools will be determined by the appropriate school district.