Minnesota’s red flag law, landlord-tenant changes and statewide sick leave now in effect

Three new laws that were central to the DFL trifecta’s legislative agenda took effect Jan. 1.

Gun-safety laws, including so-called red flag warnings for people at risk of harming themselves or others, sweeping landlord-tenant changes, and a statewide sick leave plan all became law on the first day of 2024.

A fourth leading agenda item, restrictions on some corporate campaign financing, was blocked from becoming law by a Dec. 20 federal court injunction. The order was in response to a legal challenge by the Minnesota Chamber of Commerce in Minnesota Chamber of Commerce v. Choi.

Here are descriptions of the new changes to Minnesota law.

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Paid sick leave

The sick leave law covers all but the self-employed, even those who work for employers with just one worker. It requires employers to set aside one hour of paid sick time for every 30 hours worked, up to a maximum accrual of 48 hours a year. Covered employees include any worker who works at least 80 hours a year for a single employer, including part-time and temporary employees. The law does not cover independent contractors.

The paid leave can be taken for the employee’s own physical or mental illness as well as for treatment and preventative care. It can also be used to care for sick family members or to take family members to medical care and for absences related to domestic violence, sexual assault or stalking.

Employees can claim paid leave if the workplace or a school is closed for bad weather or other emergencies. More information on the program can be found on the Department of Labor and Industry website.

Landlord-tenant

The long list of changes to the section of law that governs the legal relationship between housing owners and renters is a direct result of the DFL trifecta, lobbyists for both sides agree. In the recent past, only changes agreed to by both owners and renters could pass a divided Legislature. But in 2023, a pent-up demand from the tenant side was unleashed, leading one advocate to call it “the most substantial change in Minnesota tenant/landlord law in a single session of the Legislature in the 165-year history of the state.”

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Among the changes are that tenants must receive a 14-day written notice before an eviction for non-payment can be filed, eviction filings are expunged if a tenant wins a court dispute, landlords must list non-optional fees on the first page of the lease and in advertisements, landlords must give 24-hour notice before entering units and can only enter between 8 a.m. and 8 p.m. unless the renter agrees.

Other changes include additions to the list of emergency repairs: broken refrigerators and air conditioners, non-working elevators and pest infestations are now included. Tenants can also now end a lease for medical reasons, and there’s a ban on mandated declawing or devocalizing of animals and a requirement that temperatures in rental units be at least 68 degrees from Oct. 1 to April 30. Previously, there was no statewide standard, though some cities had ordinances. 

Another renter provision was in the taxes bill. It changes how and when renters can apply for rental tax credit. Under the old system, renters submitted a separate form in August. The law change puts the credit on the state income tax filing. Because of the added convenience, the state estimates more renters will claim the credit, and officials have set aside $190 million to pay for the increased credit. The renters’ credit is refundable, which means it can both reduce taxes owed and be paid to tax filers by check if they don’t owe state income taxes.

Gun safety

DFL legislators and Gov. Tim Walz had pushed a variety of gun safety measures for the last four years but ran up against both the GOP-controlled Senate and lack of support from some of their own members. But after negotiating with a quartet of new DFL senators from outside the Twin Cities urban core, a smaller — but still significant — package was included in the public safety and judiciary omnibus bill.

The new provisions allow family members or law enforcement to seek “extreme risk protection orders” — sometimes called red flag warnings — that would allow a judge to prohibit someone from possessing firearms for up to a year. The petition must show that the person is a risk to others or of suicide, and a hearing must be set within 14 days.

The court could then order a search warrant, and the firearm owner would be required to turn over guns to a law enforcement agency or a federally licensed dealer. The same provisions extend background checks to some private gun transfers.

RELATED: Four takeaways from the DFL’s vote to approve gun regulations. 

Campaign finance

U.S. District Court Judge Eric Tostrud’s preliminary injunction provides a temporary delay in the ban on contributions from foreign-influence corporations. But the judge said he was issuing the hold because he concluded that the chamber was “likely to prevail on the merits of its First Amendment challenge.”

The definition of what was a foreign-influenced corporation was central to his ruling, noting that ownership of only 1% by a foreign shareholder or 5% from all foreign shareholders could prevent a corporation from giving to state campaigns. “Because the (state Campaign Finance) Board has failed to identify evidence that minority foreign shareholders regularly (or ever) exercise influence or control over corporations’ political expenditures, the challenged provisions … sweep far too broadly,” the judge wrote.

The sections of the law at issue were part of a DFL elections package called the Democracy for the People Act that included automatic voter registration when applying for a driver’s license or state benefits as well as pre-registration for 16- and 17-year-olds. Another provision has already taken effect: the restoration of voting rights to people convicted of crimes who remain on probation but are no longer in prison. 

Other bills that became effective Monday include:

• School districts and charter schools must provide access to menstrual products at no charge to students in grades four to 12.
• The dollar amount that can be refunded to campaign donors increased from $50 to $75 for individuals and from $100 to $150 for joint filers.
• Meat-processing businesses must adopt a safe worker program to reduce and prevent musculoskeletal injuries. The program must include at least eight hours of training each year, with two hours on ergonomics to prevent injuries.
• Oil refineries must include third-party or contract employees on training programs including ergonomics, and an increasing percentage of refinery workers must be graduates of or enrolled in apprenticeship programs. That percentage starts at 30% and increases to 60% in two years.
• Employers will no longer be allowed to request the pay history of job seekers (although applicants can volunteer that information). Sponsors said the provision was meant to help close gender and racial pay gaps. 
• Cities must allow religious institutions to site micro-dwelling units on their property.
• The Public Safety Department must provide real-time information on its website about the location and availability of driver’s license examination appointments. The Office of Traffic Safety is now allowed to ask driver’s license and ID card applicants to voluntarily provide race and ethnicity information.
• Specialty license plates for the state’s six major league sports teams will become available for fans of the Vikings, Wild, Twins, Timberwolves, Lynx and United. A portion of the fees paid must be deposited into each team’s charitable foundations.
• Additional specialty plates are for Lions Club International, Minnesota Missing and Murdered Indigenous Relatives, with proceeds going to those causes.
• Blackout plates, license plates with white letters and numbers on a black background, also became available on Jan. 1.

Editor’s note: Peter Callaghan wrote this story for MinnPost.com. It was originally posted on Jan. 2.

Callaghan covers the state government for MinnPost.

MinnPost is a nonprofit, nonpartisan media organization whose mission is to provide high-quality journalism for people who care about Minnesota.