New Laws for 2004

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New State Laws Take Effect in New Year

By ROBERT TANNER, AP National Writer

The new year has arrived, so stop hogging the left lane on Illinois interstates. Don't try to sell a used mattress as new in Tennessee. And be extra careful not to call in a false fire alarm in Delaware.

Jan. 1 means new laws take effect in many states. Some are new additions to the criminal code, while others are more about "do" than "do not." Poor senior citizens in Pennsylvania now have expanded drug benefits, for example.

Other states are adding protections against identity theft, putting new car insurance rules in place, addressing the Roman Catholic sex scandal, and raising taxes.

Identity theft drew close attention in many states in 2003. Now New Mexico, New York and Delaware require that store receipts contain only a few digits from the customer's credit card number.

"This will eliminate part of the puzzle that identity thieves use to piece together your identity and fleece you," said Russ Haven of the New York Public Interest Research Group. Such fraud costs some $2 billion a year nationwide.

Connecticut offers new protection to crime victims, allowing them to use a substitute mailing address if they want to keep their home address a secret from stalkers or assailants.

Responding to a flood of sex abuse accusations against priests nationwide, Illinois extended the statute of limitations in such cases so prosecutors have 20 years after the victim turns 18 to bring charges. Victims have up to 10 years to bring a civil suit. Since the scandal broke two years ago, a few other states have toughened their laws on reporting child sex abuse and extended statutes of limitations.

Illinois legislators, worried about racial profiling, now make state troopers record the motorist's race at each stop. A black lawmaker from Chicago, state Rep. Lovana Jones, said she knew firsthand the need.

Jones said she was detained without explanation by a police officer for 45 minutes. "It's a horrible feeling. All the time the lady was talking to me, she had her hand on her gun," the legislator said.

In the past four years, 25 states have enacted laws on racial profiling, and most have required police to document the race of the drivers they stop, according to the National Conference of State Legislatures.

In Delaware, a new law cracks down on false fire alarms: Anyone testing or demonstrating an alarm system must first notify the local fire department. Repeat offenders can be fined up to $500.

A scam apparently popular in Tennessee — selling used mattresses as factory rejects or close-out models — persuaded legislators to require large tags on each mattress announcing whether it is new or not.

Laws aimed at keeping children safe also won passage, with New Mexico hoping to discourage underage smoking by barring "self-service" cigarette purchases and requiring face-to-face sales.

In Michigan, after parents complained about sexually explicit magazines displayed where kids could see them, the state now requires store owners to conceal part of the magazine cover or put them in a separate area.

Illinois lawmakers are worried about youths who, bored with nose rings, are splitting their tongues. A new law allows dentists to perform the procedure, not tattoo shops and the like. The hope is that the rule will keep most kids from even trying to have it done.

"We're choosing safety over cosmetics," said state Rep. David Miller.

Other laws aim to guide the thorny areas of parental and abortion rights. In Delaware, egg or sperm donors for another couple cannot be considered the parent of a child conceived that way. In Texas, women seeking an abortion must wait 24 hours, and must be offered state-approved information about abortion risks and fetal development.

That centerpiece of American life — the car — got new attention, too.

In Florida, drivers 80 and over must pass a vision test to renew their licenses. Speed limits in Oregon are now clear to be raised to 70 mph (from 65), once a study is completed on potential effects. Georgia begins a statewide database of insured drivers, so no insurance card will be necessary. And Illinois makes it illegal to drive in the left lane of an interstate highway for more than one-half mile. (Violators can be fined $79).

Colorado hopes to help small businesses obtain less expensive insurance by letting them form pools to seek lower premiums; Pennsylvania expanded its prescription-drug assistance programs for seniors.

Tax breaks were handed out to farm equipment dealers in Georgia, the Kentucky trucking industry, and to New Mexico landowners who donate land for conservation. North Dakota cut the top corporate income tax rate but balanced the break by eliminating corporations' ability to deduct federal taxes from state returns. Oregon raised taxes on hotels and motels by 1 percent.

And New York now honors Harriet Tubman, the former slave known who helped create the Underground Railroad. She helped some 300 slaves escape to freedom in the North.

The day of commemoration — which unlike a state holiday does not require employers to give their workers a day off — falls on March 10, the anniversary of Tubman's death in 1913.
 
Originally posted by we3luvdisney
Illinois lawmakers are worried about youths who, bored with nose rings, are splitting their tongues. A new law allows dentists to perform the procedure, not tattoo shops and the like. The hope is that the rule will keep most kids from even trying to have it done.

"We're choosing safety over cosmetics," said state Rep. David Miller.

Anybody got a picture?? I've never heard of this. I've heard(and seen frequently) tongue piercing but not tongue splitting . I
 
Image22-out.jpg


http://www.bmezine.com/spc/galleries/other/forked/
 
I am TOTALLY excited about the Illinois left lane driving law!! I hope it goes nationwide. The florida eye test law sounds good too!
 

EWWWWW to that picture. Why on earth would someone want to do that?

we3luvdisney - Thanks for the article!
 
In New Jersey...the new law is that you are not allowed to drive tired.
 
Originally posted by onecoolmama
In New Jersey...the new law is that you are not allowed to drive tired.

Really? Guess I'd never be able to drive in NJ. ;)

That is a good law that will hopefully save some lives.
 
It is a good law..I fall asleep at the wheel a lot. The problem comes in...how are they going to enforce that.

Cop, "License and Registration" looking with a flashlight, "say are you tired?"

Driver, "Not since you put that light in my face!"

It is a good law..i just can see how to enforce it.
 
Originally posted by onecoolmama
It is a good law..i just can see how to enforce it.

My guess is that it will be used more after accidents occur so the drivers can be charged with a more serious offense.
 
Alex - Massachusetts already has a version of this law. You can be sighted for Failure to Stay Right.
 
:eek: Ok people take a look at that candy bar next time you check out....if flour is listed as one of the first 3 ingredients then you dont pay sales tax on it. :p If you are charged dont worry you can file a claim with the state to get the tax back.....hmmm stamp costs how much? :rolleyes:

Posted on Thu, Jan. 01, 2004

Some area stores still unaware of tax cuts
By Sherry Slater
The Journal Gazette

Chocoholics will pay a few cents less for their Twix candy bars today - assuming the grocery or gas station they stop at remembered to reset their cash registers.
As many as half of area grocery and convenience stores could be unprepared to follow new state tax laws that go into effect today, the president of a statewide trade association warned Wednesday.

Joe Lackey, president of the Indiana Grocery & Convenience Store Association, said his members have received almost weekly updates on the changes that affect packaged ice and some candy, fruit drinks and bakery items.

But some other retailers, he said, aren't ready because the state hasn't adequately highlighted the new laws, which will eliminate the 6 percent tax on affected items.

"I'm not comfortable that non-members have a clue," Lackey said. "The consumer needs to know this."

Major local retailers that don't belong to the association include Wal-Mart, Kroger, Meijer, CVS, Walgreens and various convenience stores operated by oil companies.

Spokesmen from Meijer and Lassus Bros. Oil Inc. said Wednesday their computers are ready to handle the change. A spokeswoman for Bentonville, Ark.-based Wal-Mart was less confident.

"It's always our goal to be in compliance," Sharon Weber said. "The changes should go into effect Jan. 1. If any customer should notice anything amiss, they should bring it to our attention."

Meijer spokesman John Zimmerman said the Grand Rapids, Mich.-based chain, which operates stores in five states, is "ready to go."

David Fledderjohann, chief financial officer for Fort Wayne-based Lassus, said the locally owned chain's information technology staff have been busy programming changes into the registers.

"We're doing our best to understand the rules," he said. "Some of the areas are less clear than what we had hoped. We've done some calling down to the Indiana Department of Revenue to try to get some clarification."

Larry McKee, deputy commissioner for the Indiana Department of Revenue, said the department has not yet mailed any notices to retailers about the changes. Instead, he said, the department worked with several state associations to update an information bulletin on its Web site to clarify what is taxable and what isn't.

That bulletin was finalized only a few weeks ago.

McKee said the sales tax changes are a result of a national effort to streamline sales tax policy that can vary greatly by state. It's one piece of a large picture that includes an effort to tax goods sold online. Those vendors protest that collecting state taxes according to 50 vastly different state codes would be a nightmare.

Only a few items change tax status today, McKee said.

"We regard the changes that go into effect Jan. 1 as minor," he said.

For instance, under the new sales tax rules, all drinking water is tax-exempt. But, he said, the majority of bottled water already was if it displayed the words "natural spring water."

Lackey, the association president, countered that "very, very few" brands of bottled water display the phrase and were previously tax exempt. Aquafina, for example, is labeled as "purified drinking water" and is non-taxable starting today.

Carbonation is no longer a factor in deciding which drinks are taxable, Lackey said. The distinction now rests on sweeteners - drinks that have them are taxed and those that don't are tax exempt, he said. As a result, club soda won't be taxed anymore.

Packaged ice is also now tax exempt, as are bakery and candy items if flour is among its top three ingredients.

So, according to the new law, retailers should not collect sales tax on Twix and Kit Kat bars. But they must on Snickers and M&M's.

The Indiana Grocery & Convenience Store Association doesn't publish a list that divides taxable from non-taxable candy bars - and neither does anyone else as far as Lackey knows.

"That's been the most popular question I've gotten from day one: Do you have a list?" he said.

Zimmerman said vendors who sell snacks to Meijer helped the grocery chain sort through which ones contain flour as a primary ingredient.

Average grocery stores stock from 40,000 to 50,000 different items, whose codes, prices and tax status must be stored in the store's computerized register system, according to Lackey.

If a retailer is found to have improperly charged sales tax on an item, McKee said, the customer can seek a refund through the state Department of Revenue. The department can also audit the retailer if the problem is widespread.

Lackey noted that retailers merely collect sales tax and pass it through to the state. If a store incorrectly charges the tax on an item, the money still goes to the state. The retailer is not allowed to keep it, he said.

Fruit and vegetable drinks are also affected by the sales tax law changes that go into effect today. Now, they are tax exempt only if they contain at least 50 percent juice by volume. Previously, any drink containing fruit or vegetable juice was not taxed.

While fewer juice drinks will be tax exempt, the majority of the changes make more items tax free. State officials have estimated that the changes could result in a net decrease in sales tax revenue of $3.2 million to $8.8 million a year.
 


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