New laws going into effect in Minnesota in August: list

ST. PAUL, Minnesota (FOX 9) – During the second legislative session, in which Democrats had triple power for the first time in a decade — controlling the House of Representatives, the Senate and the governor — several new laws were passed that would take effect on August 1.

Last session, a wide range of new proposals were ultimately approved by Minnesota Governor Tim Walz and signed into law, including restrictions on no-knock search warrants, free school meals for students, and increased education funding.

Below is a list of new laws that go into effect in Minnesota on August 1, 2024.

New drug tests

After recreational marijuana is legalized in 2023, job seekers could face a new type of drug test, which could speed up their path to employment in Minnesota.

The bill, introduced by Rep. Kelly Moller (DFL-Shoreview), was intended to get qualified candidates into the workforce faster.

“Under current law, people have to go to another location, like a lab, for drug testing, and because of that delay, they decide to go somewhere else,” Rep. Moller said during the House Labor and Industry Finance and Policy Committee hearing. “With a labor shortage, that means people can’t get workers and people can’t get to work right away. … It’s a win-win for the employee and the employer.”

Under the new law, an employer may use saliva testing as an alternative means of testing when asking employees and applicants to take drug and alcohol or cannabis tests.

The “oral fluid test” is defined as a test that uses a saliva sample to measure the presence of drugs, alcohol, cannabis, or their metabolites at the same or better levels as existing laboratory programs. An outside laboratory is no longer required if an employer agrees to follow the oral fluid testing procedures.

An applicant must still submit to a laboratory test within 48 hours of a positive, inconclusive, or invalid saliva test.

Fines for ‘straw purchase’

To curb the ability of people to obtain weapons illegally, the penalty for purchasing a weapon with a straw will be increased from a serious offense to a misdemeanor.

A “straw purchase” occurs when someone purchases a firearm for someone who is not allowed to purchase or possess it.

The amendment provides a defense for someone who can show that the transfer was made based on “reasonable fear that refusal would result in significant bodily harm or death to the suspect, or a family member of the suspect.”

The increased sentence comes after the deadly shooting that killed three first responders in Burnsville earlier this year, in which the perpetrator had a stash of weapons that he had obtained through illegal purchases, authorities later learned.

Parental authority

In hopes of making co-parenting child custody in Minnesota more fair, a new law updates statutes regarding custody and visitation time, in addition to any financial support a parent may provide.

From August, a family court that deals with temporary custody and visitation arrangements for minor children must take into account the previously established visitation arrangement. This creates the possibility of building a relationship with both parents.

However, a court will still have to consider credible allegations of domestic violence, substance abuse, maltreatment findings or neglect as a reasonable basis to deny parenting time. Under the new law, the child’s mental health and safety are now also considered.

A court must give priority to scheduling and holding an expedited hearing when a parent credibly alleges that he or she has been denied contact with a child for at least 14 consecutive days, or when he or she has been unreasonably denied access to financial resources or support during the hearing.

If a child is deliberately prevented from visiting one of the parents, the judge must compensate the other parent. In addition, the judge can impose a fine of up to $500 on a parent who does this repeatedly.

The law specifies that spousal support, or alimony, should be determined by the length of the marriage. If it lasts less than five years, a court should assume that no alimony should be awarded.

For marriages of at least five years and less than twenty years, alimony is awarded for a period of up to half the duration of the marriage.

In marriages of at least 20 years, it is assumed that alimony will last indefinitely.

When determining custody, the court must take into account the best interests of the child and may not favor one parent over the other solely on the basis of the parent’s gender.

Flying cars

Minnesota has what is known as the “Jetsons Act” paving the way for flying cars, should the technology emerge.

The new provisions define “road-capable aircraft” as “any aircraft capable of taking off and landing from a suitable aerodrome and which is also designed to be used as a motor vehicle on public roads.”

The new clarification allows for registration as a motor vehicle, with the vehicle registration number displayed instead of the license plate.

For operations, road planes may operate just like cars, unless they are at an airport, landing zone or in the air. They may not take off or land on public roads, unless it is an emergency.

Minnesota is the second state after New Hampshire with a “Jetsons” law.

Child seats, booster seats and seat belts

In the past, state law took into account the car seat manufacturer’s instructions about a child’s height and weight for proper use, but now the state has its own rules.

A baby under 2 years of age must be placed in a rear-facing or reversible child seat, as was previously common.

A child who is at least 2 years old and has outgrown the rear-facing car seat can be placed in a forward-facing car seat with an internal harness that is adjusted to the child’s height and weight.

Children who are at least 4 years old and have outgrown the forward-facing seat with an internal harness may ride in a booster seat with a seat belt that secures the hips and shoulders.

A 9-year-old child who has outgrown a booster seat may ride with a seat belt that passes the five-step seat belt test, which includes a shoulder belt that crosses between the neck and shoulder, the child’s back against the seat, a lap belt that sits on the upper thighs and across the child’s hip bones, and the child’s knees that can be bent at the end of the seat. They must also be able to sit without slouching throughout the ride.

According to government officials, if a child falls into more than one category, a parent should choose the safer option.