Michael H. Daub Law Office

04/21/2023

Prenups have long been deemed cold and unromantic, and often come with a major power imbalance between the spouses, but with so many marriages ending in divorce a prenuptial agreement can save money, time and emotional pain. Knowing in advance what each person is entitled to mitigates the costly and time-consuming need to argue over everything later.

They have long been considered unromantic, but prenuptial agreements are being embraced by some couples as a way to protect themselves on their own terms.

08/04/2021

Does Minnesota’s permit-to-carry law violate the 2nd Amendment? No, according to the Minnesota Supreme Court because it is narrowly tailored to serve a compelling governmental interest in ensuring public safety. Violation of the statute is a gross misdemeanor. I get more and more calls from people stopped for traffic offenses who are asked if they have a firearm in possession. If you have lost your firearm rights I can help you with a Petition for Restoration of Firearm and Ammunition Rights.

06/25/2021

Is the State of Minnesota going to begin regulating sober housing? New legislation calls for the state to develop recommendations about increased access, promoting person-centered practices and cultural responsiveness, government oversight, and consumer protection for individuals in sober housing. The recommendations must be made by September 1, 2022.

04/20/2021

Should these principles apply in establishing a public policy about treating substance use disorders?
1. There is no such thing as a soft or hard drug, only healthy and unhealthy relationships with drugs,
3. An individual’s unhealthy relationship with drugs often conceals frayed relationships with loved ones, with the world around them, and with themselves.
3. The eradication of all drugs is an impossible goal.

04/18/2021

Would a regulated supply of opioids, stimulants, and other substances reduce overdoses and deaths. In Minnesota, drug overdoses and deaths have increased during the COVID-19 pandemic. We’ve known for a long time that the overdose crisis is more of a “drug poisoning crisis,” as people who use continue to face the extraordinary risk associated with sourcing drugs adulterated with fentanyl. It’s time to consider a shift away from criminalization of drug use to a public health approach. The 50-year war on drugs has failed. People suffering from substance use disorders need to be connected with recovery resources, not jail.

04/13/2021

Families who lost a loved one to COVID-19 are now eligible for up to $9,000 for funeral expenses. A new FEMA program launched yesterday. Covered expenses include the transfer of remains, burial plot, casket, clergy services, cremation and headstone, among other costs. To be eligible for funeral assistance, you must meet these conditions:

1. The death must have occurred in the United States, including the U.S. territories, and the District of Columbia.
2. The death certificate must indicate the death was attributed to COVID-19.
3. The applicant must be a U.S. citizen, non-citizen national, or qualified alien who incurred funeral expenses after January 20, 2020.
4. There is no requirement for the deceased person to have been a U.S. citizen, non-citizen national, or qualified alien.

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites..

04/12/2021

Should Minnesota allow undocumented immigrants to obtain driver’s licenses? Legislation in the House would not require demonstration of U.S. citizenship or lawful presence in the U.S. The license would be clearly marked “not for federal purposes or voting.” 16 states allow undocumented immigrants access to driver’s licenses. Data indicates the rate of uninsured driver substantially drops and that hit-and-run accidents also decrease. The bill faces major opposition in the Senate.

04/11/2021

Should Minnesota automatically expunge criminal records? Pending legislation would automatically grant expungements where charges are dismissed, persons are exonerated, or where a diversion program or a stay of adjudication has been successfully completed. Certain misdemeanors and gross misdemeanors would not qualify.

04/09/2021

Should Minnesota expand the types of rehabilitative programs prison inmates receive and allow them to earn early release? Current law provides inmates with mental health, vocational, and education programs. The proposed Minnesota Rehabilitation and Reinvestment Act would provide substance use disorder treatment, sexual offender treatment, medical and mental health services, and employment and career programs.

04/08/2021

Is there a need for a government study of sober housing in Minnesota? Pending legislation would fund a report by the Department of Human Services focusing on increasing access to sober housing, promoting person-centered practices and cultural responsiveness, government oversight, and providing consumer protection for people in sober housing with substance use disorders and co-occurring mental illness.

04/07/2021

Should Minnesota’s Licensed Alcohol & Drug Counselors have their student loans forgiven? The Minnesota House is considering a bill which would permit them to participate in a loan forgiveness program if they agree to practice in rural areas or underserved urban communities. They would serve a minimum of a three-year full-time term.

04/06/2021

How is the Minnesota legislature responding to Gov. Walz’s proposal to cut funding for substance use disorder treatment? The House and Senate are considering legislation to increase funding and expand the availability of Recovery Community Organizations. People who are sick and tired of being sick and tired need help. I’ll be joining with others to testify tomorrow (Wednesday) morning at 10:30 before the House Human Services Finance and Policy Committee to advocate for expanding opportunities to recover. Here’s the link to to committee hearing:

House State Government Finance and Elections CommitteeWatch HTV 1Revised budget overview. HF2297 (Vang) Legislator process to request racial equity impact note on legislation established. HF158 (Xiong, J.) Voting instructions required in languages other than English for in-person absentee voting. *A...