NewNew LawsLaws 20132013

A Summary of the 2013 Regular Session Produced by House of Representatives Public Information Services contents

Bonding Title loan regulations loophole closes...... 7 Environment & Natural Resources Bonding law funds Capitol renovations and Craft beer niche addressed in liquor law...... 7 New definitions and process clarifications more...... 1 New law will allow installment plans for funeral enacted...... 16 expenses...... 7 LCCMR appropriations target invasive Business Annuity changes become law without species...... 16 Regulation of global money transfers ...... 1 governor’s signature...... 7 DNR given land authority by new law...... 16 Updates to century-old policy...... 1 Estate sales operators to face regulations...... 7 Cattail removal OK for Shaver Lake...... 16 New law aims to prevent wire transfer scams No regulating that it’s pre-pay at the pump Hazardous leak notification information will aimed at seniors...... 1 only...... 7 expand...... 17 Private detective licensing exemptions...... 2 Regulating scrap metal vehicle purchases...... 8 New law modifies PFA grant programs...... 17 E-pull tab and other gambling regulations to Invasive species fight is funded in new change...... 2 environment, ag law...... 17 MNsure rules govern state health exchange Economic Development Omnibus legacy law distributes nearly $500 marketplace...... 2 Payment options OK’d for demolition loans...... 8 million...... 18 insurance loophole gets a fill...... 2 Regulation change applied for providing debt Education Game & Fish services to debtors...... 3 2013 K-12 law features landmark spending on License provisions changed for critically ill, New law better aligns securities and franchise kindergarten...... 8 disabled veterans...... 19 registration rules...... 3 Bond security requirements changes...... 3 Elections Health & Human Services Preventing fraud in the collectable coin Technical changes to the secretary of state’s Medical Assistance expands to cover more industry...... 3 rules...... 10 Minnesotans...... 19 More consumer choices for insurance No excuse necessary to vote absentee...... 10 Requirements eased for critical access communications...... 3 New campaign finance limits established...... 10 hospitals...... 20 Online service to aid consumers seeking health Civil Law Employment insurance...... 20 Chances increase that tax statement will go to Some workers see wages increase...... 11 Construction restrictions remain on radiation rightful owner...... 4 Ensuring adequate funds in workers facilities...... 20 Time period for construction claims is compensation account...... 11 Advanced EMT added as permitted ambulance 14 years...... 4 Employee may recover unpaid wages based on staff...... 21 Power of attorney form changes...... 4 contracted rates...... 11 Service animals clarified as dogs...... 21 New law helps clarify who owns what upon a Law clerk classification change becomes law.....11 More training for paramedics required...... 21 partner’s death...... 4 Some Hennepin County employee benefits Tribal agency social workers to have licensure Once an agreement, no shared info allowed in could get clarification...... 12 eligibility...... 21 court...... 4 ‘Ban the Box’ law expanded to private Law creates pathway for parents, children to New law addresses common banking problem employers...... 12 reunite...... 21 for seniors...... 4 PTSD coverage added as workers’ Consensus on revised nursing definitions...... 21 Victim rights continue even after death, in compensation benefit...... 12 Home sellers must disclose some cases...... 4 Agencies, departments must absorb wage radon gas testing...... 21 Clarification sought regarding administrative increases...... 12 Medical Practice Act modified...... 22 appeal cases...... 5 Jobs, energy. commerce and housing law has Laws separated that govern two civil Tribal rights affirmed concerning American potpourri of provisions...... 13 commitment categories...... 22 Indian children...... 5 Changes for employees who have sick leave Hospital nursing ratios will require Marriage no longer limited to a male and benefit...... 15 monitoring...... 22 female...... 5 Contributors will pay more into pension funds.. Drug protocol changes aim to help streamline Data privacy protections cover 15 procedures...... 22 access to government e-contacts...... 5 In-home care providers could unionize under State bans formaldehyde in children’s lotions....23 More time for sexual abuse victims to come new law...... 15 Showing respect for people with mental forward...... 5 illness...... 23 Jury list update needed to reflect Energy Replacing outdated terms in statute...... 23 Human Rights Act...... 6 HED Fuel adjustment clause inserted into Continuing care provisions provide further Help to secure family possessions after a crime.....6 biomass mandate law...... 15 protections...... 23 Several changes to law regarding debt servicing....6 Landowners displaced by transmission lines BPA banned from baby food containers...... 24 New law will limit access to some juvenile court given more options...... 16 Non-emergency medical ride guidelines records...... 6 changed...... 24 Waiver of liability form language tightened...... 6 State could see more funds recovered from fraud claims...... 7 Loopholes used by scammers, some lenders to be closed...... 7 New Laws 2013 Physician assistant, advanced practice New law to toughen penalties for fake Enhanced protection afforded state employee registered nurse, chiropractor and others 911 calls...... 29 ‘whistleblowers’...... 34 allowed to order therapeutic therapies...... 24 Integration of new emergency technology gets New law provides geospatial data sharing free Cultural and Ethnic Communities Leadership go-ahead...... 29 of charge...... 34 Council created...... 25 Crime victim rights changed, stalking language Changes made Met Council’s wastewater Health care services and wages will increase.....25 clarified...... 29 services law...... 34 Optometry definitions to match current Governor signs Guardian Ad Litem Board Warning requirements changed for money practice...... 27 changes...... 30 transmitters...... 34 Domestic abuse changes signed into law...... 30 Settling claims against the state...... 34 Higher Education Victim protection program expands to family Voters to decide who sets legislators’ salaries...... 35 After state cuts, higher education gets new members...... 30 Revisor bill cleans up language...... 35 money in 2013...... 27 Losing cash for prostitution offense...... 30 Tech agency gets a new name and other Public safety/judiciary law includes more than administrative changes...... 35 Housing $100 million in new funding...... 30 Commerce Department typos Protecting tenants from eviction...... 28 Concurrently vs. consecutively clarification get a fix...... 35 Help for those facing foreclosures...... 28 sought...... 32 High-ranking state officials get pay increases....35 Helping intoxicated underage drinkers do the Revisor’s Bill...... 36 Local Government right thing...... 32 Local pension plan employees and officers will Public transit operators to get added protection. be required to report misconduct...... 28 32 Taxes Process for choosing solid waste collectors to Harsher wildfire arson penalties enacted...... 33 Early action taken on 2012 tax conformity change...... 28 issues...... 36 Met Council redistricting plan takes effect...... 28 State Government Tax law provides property tax relief; creates Design-build contracting process amended by Ensuring safe storage, while providing for new fourth tier rate...... 36 new law...... 28 public access, has been a concern to the Audit changes for relief associations...... 28 gatekeepers of the state’s most important Transportation Disaster assistance match made available...... 29 documents...... 33 State highway will honor slain officer...... 37 Water supply advisory group to keep working....33 Law lays out future of I-35W Military & Veterans Affairs April designated as Genocide Awareness and bridge remains...... 38 American Indian veterans to get a memorial on Prevention Month...... 33 Law alters rules for school bus use for special Capitol grounds...... 29 State Council on Disability to reduce events...... 38 Military codes will change to align with federal membership...... 33 Wheelage tax, light rail funds highlight standards...... 29 New law seeks more open bidding process...... 33 transportation law...... 38 Adult learner program to be represented on Bicycle safety a priority in new transportation Public Safety governor’s council...... 33 policy law...... 38 The county where a victim resides will become New law mandates same price for fuel stored in Heavier trucks get OK in west-central an eligible venue for cases when a vulnerable same tank...... 34 Minnesota...... 39 adult is financially exploited...... 29 Affirmative action plans will see quicker approval...... 34

New Laws 2013 NEW LAWS J a n u a r y 8 - M a y 2 0 , 2 0 1 3

keep the building moving, whether that is Golden Valley) and Sen. Bonding stone, whether that is windows, whether (DFL-Edina), the provision specifies that it’s the artwork or murals on the wall, the Minnesota law will apply to these transfers Bonding law funds Capitol mechanical system, the electrical. You’re in unless they are preempted by federal law. renovations and more a position where if you look at many of the “Historically, Minnesota statutes based Checking in at almost $176.8 million, buildings in Europe that weren’t taken care on the Uniform Commercial Code have including $156.1 million in general- of properly they’re never going to work their regulated remittance transfers, providing obligation bonding, a new law contains $109 way out of those buildings. You don’t want protection both to banks and consumers,” million to keep Capitol renovations going. that to happen to this building.” (Sec. 3) Freiberg said. Sponsored by Rep. John Ward (DFL- A $22.68 million allocation for However, the federal Dodd-Frank Reform Baxter) and Senate Majority Leader Tom construction of “one or more a parking Act, which instituted a number of financial Bakk (DFL-Cook), the law is effective May facilities in the Capitol Complex … including regulations after the recession began in 2008, 25, 2013. to address temporary parking needed during did not make it clear whether any law applies This was the third attempt in the session’s construction of permanent parking facilities.” to remittance transfers, he said. final days to get a bonding law passed. An This will be user-financed. According to the HF365*/SF336/CH6 $800 million package that included the law, “Parking fees collected shall be deposited ongoing Capitol renovation failed to gain into a state parking account and credited to House approval by five votes three days the debt service account in the state bond Updates to century-old policy before session adjournment, a vote that Rep. fund.” (Sec. 3) Mining companies and employees will (DFL-St. Paul), chair of Other funding in the law is: have an updated list of mine inspection the House Capital Investment Committee, • $20 million for flood hazard mitigation standards. called “tragic.” The Senate passed a bill with grants for publicly owned capital A new law, sponsored by Rep. Tom Anzelc just the Capitol and parking ramp funding improvements to prevent or alleviate flood (DFL-Balsam Township) and Sen. David 66-0 two days later. damage, including 27 county, township Tomassoni (DFL-Chisholm), will clarify A master renovation plan was approved or municipal projects and five watershed language related to mine inspection policy in January 2012 by the Capitol Preservation projects; and require inspectors to have at least two Commission. It provided a conceptual • nearly $18.94 million as a state match for years of practical experience in mining or approach to restoration of the Capitol, an expansion at the Veterans mining-related safety work. recommended a $241 million budget to Home; and Effective Aug. 1, 2013, the law will complete the work and called for a December •$8 million so the Public Facilities Authority allow counties to abate the nuisance of an 2016 completion date. can leverage $40 million in federal money abandoned mine through various remedies Lawmakers approved $37.4 million last for the clean water and drinking water and recover costs as a special assessment. The session to begin work on restoration of the revolving funds. (Secs. 2, 4-5) law will also require notice of an accident to 108-year-old building and would likely need The law also updates funding uses of the inspector of mines within one hour of to fund another $94 million next year to dollars allocated in previous years for projects the stabilization of the scene. finish the project. at the Fergus Falls Regional Treatment The statute hasn’t changed much since it Under the current plan, the $109 million Center campus, replacement of the Old was enacted in 1905, according to Anzelc. will be allocated for things like abatement Cedar Avenue Bridge in Bloomington and HF1320/SF1291*/CH38 and demolition in the basement and attic, extends a 2008 appropriation for a bioscience exterior stone replacement and to begin work research park. (Secs. 10-16) on the mechanical and electrical systems. HF1070*/SF960/CH136 New law aims to prevent wire “That money would allow us to do the work transfer scams aimed at seniors that really sets up the restoration work in After being told to wire money to ship a the body of the building,” David Hart, vice Business & Commerce car she won, Peggy Hiestand-Harri said her president of MOCA Systems, a program, mother, who lives on a limited income, was project and construction management firm. Regulation of global money transfers eventually bilked out of $47,000. He said the building is at a “tipping point.” With an increasing number of Minnesotans A new law aims to prevent those types of “The mechanical systems are really worn born in other countries, remittance transfers wire transfer scams from taking place. out; the electrical systems are no longer have become important in the marketplace. The law, sponsored by Rep. Joe Atkins really organized. … I think what happens if Banks and consumers will have additional (DFL-Inver Grove Heights) and Sen. Terri we don’t move forward with the restoration protections under Minnesota law when Bonoff (DFL-Minnetonka), will allow is that things are going to get to the point sending funds overseas electronically as part wire transfer company employees, law where you are constantly going to be in a state of a law, effective March 15, 2013. enforcement and other individuals to request of continually having to fund something to Sponsored by Rep. (DFL- someone whom they believe could be a

New Laws 2013 1 future victim of a scam to be placed on a “No adverse selection, to protect consumers and the health carrier must continue coverage Transmit List” maintained by the commerce to ensure a level playing field inside and pending the outcome of an appeal and commissioner. outside the exchange. Consumers may begin turn over information that was used in Effective Aug. 1, 2013, transmitter shopping for insurance through the online determining the denial of benefits. companies will be prohibited from marketplace on Oct. 1, 2013, for coverage Policies offered will fall into four actuarial authorizing receipt of transfers at unspecified to begin Jan. 1, 2014. levels of plans: bronze, silver, gold and locations and be required to notify senders if Rep. Joe Atkins (DFL-Inver Grove Heights) platinum. If a health carrier plans to offer their money is being received at unspecified and Sen. Tony Lourey (DFL-Kerrick) the lowest level health plan, the carrier also locations. The commissioner will also be sponsor the law. needs to offer a silver and gold level plan in allowed to limit the amount of funds wired The new state policies were partially the same service area, unless they have less to countries with high incidences of fraud. required under the federal Patient Protection than 5 percent of the market share in that HF194*/SF247/CH50 and Affordable Care Act. The market rules area. are effective for health plans offered, sold, If a carrier requires a policyholder to use issued, or renewed on or after Jan. 1, 2015, health providers within a defined network, Private detective licensing exemptions unless otherwise specified. the providers must be geographically Certified public accountants and CPA The law establishes the essential health accessible within 60 miles or 60 minutes firms performing services regulated under benefits that are mandated coverage in of the enrollee. The distance and travel Minnesota law will not need to apply for a policies. These include maternity and time narrows to 30 miles or 30 minutes for private detective license when a new law takes newborn care, pediatric oral and vision care, enrollees seeking primary care, mental health effect Aug. 1, 2013. emergency services, prescription drugs and services or general hospital services. Rep. Pam Myhra (R-Burnsville) and Sen. several other services. Dependent children Premium rates for insurance policies could (DFL-New Hope) sponsor the law. covered by a health plan policy must be vary from person to person based on whether HF817/SF683*/CH69 covered until age 26. the insured uses tobacco or where the insured In addition to the essential health benefits, lives. Rates could not be adjusted more than the law includes a set of nearly 100 provisions once a year, unless there were changes to E-pull tab and other gambling that will make the state health insurance laws the insured’s age, tobacco use, geographic regulations to change conform to the federal Patient Protection rating area, family status, or if the insured A new law will change some of the and Affordable Care Act. Some of the market transferred to a new health plan. restrictions and requirements for lawful rules apply to plans sold inside and outside Copayments and out-of-pocket maximum gambling. the exchange. However, the MNsure board charges disappear when required care is Sponsored by Rep. Joe Atkins (DFL-Inver cannot mandate the types of health plans accessed, which is also part of the federal Grove Heights) and Senate President Sandy that can be offered to individuals or small reforms. This includes some preventative Pappas (DFL-St. Paul), the law will require businesses who buy insurance outside of the health care services, unless those services are only organizations that collect more than exchange. provided out-of-network. $750,000 annually in gambling receipts to Health carriers that begin selling plans Enrollment periods for policies sold perform audits. The original threshold was inside the exchange in 2014 will have until outside the exchange must be the same $500,000. 2016 to become fully accredited. When as those sold inside the exchange. Basic Organizations will also be able to conduct selling a policy, a health carrier must disclose information about health carriers must be lawful gambling at 12, rather than four, to the consumer the conditions upon which disclosed for transparency purposes, such events located outside of its permitted an insurance premium could change. A as how many individuals have enrolled or premises. However, electronic pull-tabs carrier would also need to list information un-enrolled from a policy. and linked electronic bingo games will no about all individual health plans they As carriers prepare to offer the new longer be exempt from a provision requiring sell that the buyer would be qualified to insurance policies through the exchange, gambling receipts to be deposited into a purchase. However, that could simply mean the law also governs how they market them gambling bank account within a certain referring potential customers to the MNsure to consumers in order to prevent deceptive timeframe. For paper pull tabs, identification web portal. marketing practices. used for tracking purposes will be required Beginning Jan. 1, 2014, a health carrier HF779*/SF662/CH84 for those who win $100 or more rather than must guarantee that a policy is offered $50 or more. to an eligible individual regardless of the The law is effective May 21, 2013. applicant’s health status, such as having a insurance loophole gets a fill HF1060/SF1006*/CH79 pre-existing condition. The policy rate will Subcontractors are sometimes required to need to be at the same rate as others in the take out insurance that, in essence, provides same plan, except there may be variances for coverage to their general contractor for the MNsure rules govern state health those with grandfathered plans. negligence caused by another. A new law will exchange marketplace When a health carrier denies coverage to negate these types of contracts. The rules under which health insurance an enrollee for certain services, the health Rep. Joe Atkins (DFL-Inver Grove carriers will operate in the new exchange carrier will need to provide written notice Heights) and Sen. Vicki Jensen (DFL- marketplace called “MNsure” are contained in the enrollee’s linguistic language of the Owatonna) sponsor the law, which takes in a law designed to minimize the risk of enrollee’s right to an appeal. Additionally, effect Aug. 1, 2013. It will make void

2 New Laws 2013 and unenforceable contract provisions Bond security requirements changes of any financial crime or other crime that require a party to provide insurance A new law will modify the requirements involving fraud or theft within the last 10 coverage to one or more other parties for the for bond security. years. Dealers who operate without a valid negligence. Effective Aug. 1, 2013, the new law changes, registration may be guilty of a misdemeanor. HF644/SF561*/CH88 from two to one, the number of sureties If an investigation results in a civil action, the that must sign a bond or recognizance, penalty could result in fines of $10,000 for and removes the requirement that they be each violation. Regulation change applied for residents and freeholders of the state. Each bullion coin dealer will need to providing debt services to debtors The law is sponsored by Rep. Mike Freiberg screen owners, officers and each of its coin Current regulations require debt service (DFL-Golden Valley) and Sen. Melissa dealer representatives prior to submitting managers to abide by a set of standards Wiklund (DFL-Bloomington). the application for initial registration and regarding contract requirements and when HF1118*/SF832/CH119 at each renewal. The screening results will be fees are collected. A new law clarifies debt part of the initial registration and all renewal settlement regulations to ensure that certain registrations at the department’s request. lawyers are exempt from both types of debt Preventing fraud in the collectable Screenings must be done within 60 days services identified above. coin industry of submitting a registration application Sponsored by Rep. (DFL- In recent years, illegitimate collectable and must include national criminal history St. Paul) and Sen. Kevin Dahle (DFL- coin dealers have bilked money from senior record search, a judgment search, and Northfield), the law exempts attorneys whose citizens by keeping coins they are supposed a county criminal history search for all principal practice does not involve providing to appraise and not delivering promised counties where the owner, officer, or coin debt management services. coins. The state attorney general’s office has dealer has resided within the preceding 10 The law also includes a provision that will received more than 100 complaints, and four years. require a debt settlement service provider to consumer protection cases have been filed Dealers will be required to post a surety perform all services in the agreement before since 2011. bond of $25,000 to $200,000 based on the collecting fees. If multiple debts are included, Rep. Debra Hilstrom (DFL-Brooklyn amount of transactions in the previous year. a provider will collect a portion of those fees Center) and Sen. Katie Sieben (DFL- HF157*/SF382/CH120 for each settled debt. The fees are also limited Newport) sponsor a new law that will to a percentage of the actual debt under an implement regulatory measures in the agreement, with two different percentages collectable coin industry in order to prevent More consumer choices for insurance used depending on whether there was a fraudulent activity. The law is effective Aug. communications successfully negotiated final debt to be paid. 1, 2013, but has various enforcement dates. More consumer choices for insurance These fee provisions to do not pertain to From Aug. 1, 2013, through June 30, 2014, communications debt management services, as those services dealers doing $5,000 in transactions or more If a dispute over the terms of the contract simply provide an agreement for structured per year must adhere to a code of conduct arises, the English language version takes debt payments over an extended time period, regarding sales practices, and all newly precedence in resolving the dispute. as opposed to negotiation or settlement registered dealers must adhere to the conduct Rep. (DFL-Eagan) and services. policies thereafter. Sen. Vicki Jensen (DFL-Owatonna) sponsor The law takes effect Aug. 1, 2013. Beginning July 1, 2014, dealers who have a law that authorizes property and casualty HF694*/SF586/CH91 sold $5,000 or more in coins per year must insurance policies, advertisements and other register with the Department of Commerce materials to be distributed in languages other in order to work in Minnesota. Any previous than English. For versions that must be New law better aligns securities and registered dealers of that caliber will need to filed with the state, a substantively identical franchise registration rules renew their registration at that time using a English translation must be attached. If Effective Aug. 1, 2013, a new law adds revised registration form which requires a a dispute over the terms of the contract requirements for private fund investors to series of disclosures. arises, the English language version takes certain 3(c)(1) funds and makes changes to The law gives the Department of precedence in resolving the dispute. The law the denial, suspension, and revocation of Commerce authority to suspend, revoke or also clarifies how a consumer may receive securities registration section of the statutes. refuse to issue or renew a dealer registration information electronically rather than on Sponsored by Rep. Joe Atkins (DFL- if the dealer provides false, misleading or paper. Inver Grove Heights) and Sen. Roger incomplete information. Registration can Parties may also withdraw consent for Reinert (DFL-Duluth), the law also adds also be denied if another state has denied receiving forms electronically. The law has six definitions to statutes, including “private or revoked privileges or if a dealer who was no affect on the enforceability or validity of fund” and “venture capital fund.” court-ordered to cease operating, violated a required notice of document delivery. HF1243*/SF1376/CH106 labor or tax laws. For standard property and casualty When a dealer’s registration privileges are insurance policies and endorsements, revoked, the dealer must wait at least two information may be posted on the insurer’s years before applying for a new registration. website provided it does not contain The department must deny registration personally identifiable information. If applications if a dealer has been convicted the insurer elects to post policies and

New Laws 2013 3 endorsements on its website in lieu of mailing door wide open for claims related to property Once an agreement, no shared info or delivering them to the consumer, the improvements for claims against architects allowed in court insurer must make the policy accessible for and engineers, he said. In an effort to help encourage parties to as long as the policy is in force and archive HF450*/SF392/CH21 settle disputes without going to court, there it for at least five years after it expires. The is an evidence rule that any information they electronic copy must be printable or provided share with each other is not admissible in as a paper copy at the insured’s request. Power of attorney form changes court. HF1587*/SF1088/CH130 A power of attorney document is used by Rep. (DFL-Golden many people as a planning tool for dealing Valley) and Sen. (DFL- with financial issues in case of future Bloomington) sponsor a new law that will incapacities. However, according to those expand the rule to include any agreement Civil Law advocating for protection of vulnerable resulting from the collaborative law process, adults, there is a need to provide clarity on which is a dispute resolution method put the form as to the exact role of a power of together by the Uniform Laws Commission. Chances increase that tax statement attorney. The law takes effect Aug. 1, 2013. will go to rightful owner A new law will make changes to the short- HF283*/ SF1108/CH28 When a property owner dies, there is form power of attorney and clarify gifting by sometimes a problem with making sure the designated attorney-in-fact. Sponsored that property tax statements are sent to the by Rep. Debra Hilstrom (DFL-Brooklyn New law addresses common banking rightful survivor. Center) and Sen. Ron Latz (DFL-St. Louis problem for seniors Sponsored by Rep. Ryan Winkler (DFL- Park), the law has various effective dates. It is not uncommon for an aging parent Golden Valley) and Sen. Melisa Franzen An additional provision states that the to ask a relative for help with their finances, (DFL-Edina), a new law will allow an attorney-in-fact may not make gifts unless including giving them the ability to sign affidavit of survivorship to be used as a means they are authorized to do so. The law also checks. However, there is currently no to know where the deceased’s property tax changes the cap on the amount an attorney- mechanism in state law that would allow the statement should be sent, to make sure the in-fact can gift in a calendar year from person only to act as an agent and not become property taxes are paid and kept current. $10,000 to the federal annual gift exclusion a co-owner of the account. That will change. The law, effective March 22, 2013, also amount, which is $14,000 for 2013. Effective Aug. 1, 2013, a new law, replaces outdated acronyms as they relate to HF232*/SF327/CH23 sponsored by Rep. (DFL- condominiums. Brooklyn Park) and Sen. Scott Newman HF87*/SF249/CH10 (R-Hutchinson), will allow a banking New law helps clarify who owns what customer to name an agent on an account, upon a partner’s death and that person could sign the customer’s Time period for construction claims Sponsored by Rep. Mike Freiberg (DFL- name, but not have ownership in the account. is 14 years Golden Valley) and Sen. Melisa Franzen The law will also clarify the deadline for The time period in which a person can bring (DFL-Edina) a new law will have Minnesota mailing in an appeal to the Minnesota Tax a claim related to property improvements adopt the Uniform Community Property Court. will change. Rights at Death Act, which will clarify, upon Currently, in order to have an appeal heard, A new law modifies the existing two-year death, disposition of the property acquired the paperwork must meet the designated period in which a claim may be made for by a married person. “received by” date. The new law will change contribution or indemnity related to an States vary on how they treat property that to a “postmarked deadline.” Only improvement to real property. Currently acquired by married couples. For instance, postmarks made by the U.S. Postal Service those claims may be filed no later than two Minnesota is a common law state, which or its designated delivery service will be years after the cause of action. The new law means the property belongs to the person accepted. A mark made by a private postage adds an additional limitation: in no case whose name appears on the ownership meter would not qualify for consideration. may a claim for contribution or indemnity document. Wisconsin, on the other hand, is This action will make the Minnesota Tax be filed more than 14 years after substantial a community property state where property Court consistent with tax court proceedings completion of the construction. The law and possessions brought into the marriage at the federal level, supporters say. specifies that the claims covered under remain with that partner; but whatever is HF19*/SF84/CH36 this limitation include those related to earned or acquired during the marriage is statutory new home and home improvement co-owned by both parties, regardless of who warranties. earned it or whose name is on the title. Victim rights continue even after Rep. Joe Atkins (DFL-Inver Grove If a couple has lived and acquired property death, in some cases Heights) and Sen. Ron Latz (DFL-St. Louis in different states, this can create problems for A new law provides that if a victim dies Park) sponsor the law that takes effect Aug. the courts when they attempt to determine before or after a request for restitution is 1, 2013. rightful ownership upon one partner’s death. made their estate may request or enforce an Atkins said that changes made in 2007 to The new law will add clarification. order on the victim’s behalf. the statute of limitations “ended up being The law takes effect Aug. 1, 2013. TheAnoka County Attorney’s Office faced worse than the problem.” The law left the HF369*/SF350/CH24 a situation recently where an elderly man

4 New Laws 2013 with Alzheimer’s disease was conned out a Marriage no longer limited to a male regarding alleged maltreatment of the significant sum of money. The perpetrators and female student in a school facility. (Sec. 5) were charged and tried, but the victim died The tate’ss marriage laws will change from • Data maintained by the Department of before sentencing. The court sought guidance being male/female specific to authorize Administration to identify a person with on distribution of restitution because, under marriage and divorce of two persons, a disability or a family member related statute, a victim is defined as a family member, regardless of gender. It will provide to services funded by the federal assistive guardian or custodian of a deceased person exemptions for churches and other religious technology act will be considered private but does not specifically reference the estate. associations from providing goods or services data. (Sec. 7) “This is a clarification that even after the related to same-sex marriage ceremonies, if • Information about those participating victim dies, perpetrators can’t benefit after doing so would be in violation of the entity’s in a Minnesota road use test will be restitution has been ordered,” said Rep. religious beliefs. destroyed. This does not apply to Debra Hilstrom (DFL-Brooklyn Center), Sponsored by Rep. Karen Clark (DFL- summary data on types of vehicles used who sponsors the law with Sen. Barb Mpls) and Sen. D. Scott Dibble (DFL-Mpls), and road usage, provided that the data Goodwin (DFL-Columbia Heights). the new law is effective Aug. 1, 2013. As do not identify participants or contain The law is effective May 7, 2013. a bill, its introduction into the legislative other characteristics that could identify HF410/SF345*/CH39 process came six months after voters turned participants. (Sec. 40) down a ballot measure to place in the state The law also clarifies background check constitution a definition of marriage as being procedures related to fire department Clarification sought regarding between one man and one woman. personnel and licenses related to retail liquor administrative appeal cases The law’s debate was contentious, with and explosives. (Secs. 30-35) A new law will fix a problematic statute frequent rallies at the State Capitol from Data privacy issues related to medical that requires the Office of Administrative those on both sides of the issue. But an screenings and storage of biological specimens Hearings to participate in certain appeal cases amendment on the House Floor to insert is an emerging concern for members of the in which their judges have made a ruling. “civil” before the word “marriage,” in all House Data Practices Subcommittee. The Judges in the administration law division state statute references, tempered the debate, Senate proposal regarding newborn screening provide hearings and mediation services to bringing in enough bipartisan support for the test retention and parent notification, while state agencies and local units of government. measure to pass both bodies. The language not making it into the final bill, could be an It is potentially awkward for a judge to change, it was thought, would clarify the indicator of legislation coming next year, to argue to uphold his or her ruling, said Rep. distinction between state-sanctioned civil change a recent court ruling. Mike Freiberg (DFL-Golden Valley), who marriages and marriages within religious The Minnesota Supreme Court took sponsors the law with Sen. Melissa Wiklund faith traditions. away the state’s ability to store, use and (DFL-Bloomington). HF1054*/SF925/CH74 disseminate newborn blood samples for Effective Aug. 1, 2013, the law will clarify other research without parental consent. that only parties to the contested case will be Specifically, it mandated that test results served the court documents. Data privacy protections cover collected on or after Nov. 16, 2011, are to be In current law, state agencies make the access to government e-contacts destroyed after two years from the time of final decision on certain appeal cases. Cities and school districts offer notification collection. The Senate language to negate the As a result, the Office of Administrative options for residents and the ability to court ruling was not acceptable to the House. Hearings is joined as a party respondent in receive their newsletters and other periodic However, the new law calls for a study that the litigation if there is an appeal. publications online. The omnibus data will review the newborn screening programs HF1120*/SF516/CH56 practices law will make it clear that the name, and evaluate the scientific and medical email address and other contact information validity of a comprehensive and sustainable from the requestor is considered private. long-term storage and use plan for the test Tribal rights affirmed concerning There has been concern that prior law results. (Sec. 39) American Indian children language was too broad and that government With various effective dates, the law Tribal rights affirmed concerning entities or private citizens could use these is sponsored by Rep. Steve Simon (DFL- American Indian children emails to promote issues, such as school Hopkins) and Sen. (DFL- A new law allows for proceedings regarding levies. The law helps ensure that those signing Mpls). adoption of American Indian children, up for online services will not be subjected to HF695/SF745*/CH82 in situations where parental rights have unwanted emails and notifications. (Sec. 1) been terminated, to be transferred to the Other personal data issues addressed in the appropriate tribal court. bill: More time for sexual abuse victims Sponsored by Rep. Susan Allen (DFL- • Language requiring disclosure of certain to come forward Mpls) and Sen. Jeff Hayden (DFL-Mpls), data related to disciplinary actions or The “Child Victim Act” modifies the the new law affirms the Minnesota Indian settlements with some types of public existing statute of limitations for civil causes Family Preservation Act, which works to employees, originally enacted in 2012, is of action for sexual abuse. It changes the maintain children’s tribal relationships. further expanded. (Sec. 4) statute of limitations standard and allows a The law is effective Aug. 1, 2013. • Personnel data may be released for purposes case of alleged sexual abuse of a person under HF252/SF250*/CH65 of providing information to a parent age 18 to begin anytime.

New Laws 2013 5 Under prior law, victims must have a final determination under the statute. It New law will limit access to some reported incidents of sexual abuse by the age would also provide a notice of the rights to juvenile court records 24. crime victims. A law passed in 2013 will restrict direct Sponsored by Rep. Steve Simon (DFL- The slayer“ statute” changes take effect public access to some electronic juvenile Hopkins) and Sen. Ron Latz (DFL-St. Louis Aug. 1, 2013. court records. Park), the look-back will be limited only to HF161*/SF196/CH94 Many juvenile court records and those incidents that happened three years proceedings are already closed to the public. prior to the law’s enactment date of May 25, The new law affects records stemming from 2013. The law will also strengthen a victim’s Several changes to law regarding hearings in which the youth is 16 or 17 years ability to act against an institution that has debt servicing old and has been charged with a felony. Those been found to aid and abet the incident. A debt buyer who purchases consumer records are currently public even if an initial HF681*/SF534/CH89 debt will be required to provide certain felony charge is later reduced or dismissed. evidence when seeking a default judgment The new law takes effect on Jan. 1, 2014. from a conciliation or district court. It limits access only to electronic court Jury list update needed to reflect In addition to an application for judgment, records, and will not affect public access to Human Rights Act a new law requires seven items be provided hearings or paper records. The law also makes State law clearly lays out that people can’t to a court: exceptions that maintain public access to be exclude from jury service based on race, • terms of the original contract, such as a electronic records in certain cases involving color, religion, sex, national origin, economic copy of the written contract between the serious offenses, unless the prosecutor agrees status or a physical or sensory disability. debtor and original creditor; otherwise. Effective Aug. 1, 2013, a new law will add • evidence that the defendant owes the debt; Rep. Carly Melin (DFL-Hibbing) and Sen. two categories to the list: marital status and • the last four numbers of the debtors Social Ron Latz (DFL-St. Louis Park) sponsored sexual orientation. Security number, if known; the legislation. Sponsored by Rep. Steve Simon (DFL- • evidence that the amount claimed owed is HF392*/SF286/CH109 Hopkins) and Sen. Ron Latz (DFL-St. accurate, including an itemized breakdown Louis Park), the change will conform the of the balance, fees and interest; jury exclusion list to the Minnesota Human • a valid and complete chain of debt Waiver of liability form language Rights Act. assignment; tightened HF335*/SF41/CH90 • proof that the party seeking the judgment It’s not uncommon that before being used reasonable efforts to provide the court allowed to participate in a recreational with the correct address for the debtor; and activity, a waiver of liability form must be Help to secure family possessions • notice to the debtor of the motion and signed. after a crime hearing. Under a new law, there is a greater Sponsored by Rep. Tony Cornish This section is effective Sept. 1, 2013. chance these agreements would be deemed (R-Vernon Center) and Sen. Rep. Debra Hilstrom (DFL-Brooklyn unenforceable in a court of law. (R-Alexandria), a new law will amend the Center), who sponsors the law with Sen. Rep. Mary Liz Holberg (R-Lakeville), state’s so-called “slayer statute,” which is Ron Latz (DFL-St. Louis Park), said the who sponsors the law with Sen. Katie Sieben in place to prevent a killer from benefiting, goal is to make sure the person seeking the (DFL-Newport), thinks that most people through inheritance, from the victim’s death. default judgment actually owns the debt that have no idea of the rights they are signing As a law enforcement officer, Cornish was they have the right person and they have the away, which include waiving of liability for the third person on the scene of a friend’s accurate amount of debt that is owed. damages, injuries or even death from their murder in August 2010. Later, the victim’s Effective Aug. 1, 2013, commencement of participation. wife confessed to her husband’s death. a consumer debt suit must be made within According to the new law, an agreement The victim’s family tried to recover six years, and after that time, the statute of between parties for a consumer service, mementos and personal property, both theirs limitations is not revived by the collection including a recreational activity, that and his, from the house. At the time, the law of an account payment, a discharge in a purports to release, limit, or waive the would not allow this until there is a guilty bankruptcy proceeding or a reaffirmation liability of one party for damage, injuries, or verdict or other court finding, the property of the debt. death resulting from conduct that constitutes is sealed. Also effective that date, bail is set at $50 greater than ordinary negligence is against The law will allow a personal representative for a consumer debt defendant that is held public policy and void and unenforceable. to file with the court an inventory of the in contempt for failure to comply with The law takes effect Aug. 1, 2013. decedent’s personal property that may be judgment debtor disclosure requirements. HF792*/SF768/CH118 affected by the so-called “slayer statute.” The amount can be raised for subsequent This list may serve as documentation for contempt actions. later claims. Additionally, the court will be HF80*/SF33/CH104 authorized to order certain relief regarding the inventoried property, such as reserving determinate of its distribution, holding it in trust or prohibiting its disposition pending

6 New Laws 2013 The new law is effective Aug. 1, 2013. that insurers have reasonable grounds to Consumers HF648*/SF818/CH40 believe an annuity product is suitable to the individual customer and defines those State could see more funds suitability standards. recovered from fraud claims Craft beer niche addressed in The law will also require those who sell Sponsored by Rep. Steve Simon (DFL- liquor law annuities to complete a one-time training Hopkins) and Sen. Ron Latz (DFL-St. Louis A new law will allow St. Paul and course, and prohibits licensed insurance Park), a new law will make changes to the Minneapolis restaurant owners to have more producers (agents) from soliciting sales current state False Claims Act to conform to than 40 percent of their revenue generated of annuities unless they have adequate federal standards and ensure the state is eligible from alcohol sales, which is currently illegal. knowledge of the product. The law does for a 60/40 split of the recovered funds. Effective Aug. 1, 2013, the law includes other not apply to annuity transactions involving The new law is effective Aug. 1, 2013. provisions that will allow micro-distilleries direct response marketing of group insurance “To sweeten the pot, (the federal to provide samples of distilled spirits, and and various types of contracts used to fund government) will add a 10 percent bonus licensed wine or beer educators to purchase group plans. to all states that pass a False Claims Act and serve wine or beer for educational While Gov. Mark Dayton did not give that comply with certain guardrails or purposes. the bill his signature; after three days guidelines,” Simon said. Other provisions will allow certain small it becomes law. In a message, Dayton Some of the technical changes that will be brewers with a production greater than 3,500 cited Attorney General Lori Swanson’s made to the act include removing a limitation barrels to sell off-sale growlers; municipal opposition to the bill. She is charged with that an action must involve state “money, liquor stores to issue brewer taproom licenses; making recommendations for statutes that property or services” and add the limitation Shakopee to issue liquor licenses for a fair; adequately protect the consumer. Dayton that an action cannot be maintained if it is and St. Paul to issue a liquor license for the also acknowledged the bill’s overwhelming based on information already known to the proposed new ballpark. bipartisan support: the House passed the bill state or political subdivision at the time the The omnibus liquor law is sponsored by 126-7 and the Senate 55-8. action is brought. Rep. Joe Atkins (DFL-Inver Grove Heights) “While I agree with the Attorney General HF290*/SF281/CH16 and Sen. James Metzen (DFL-South St. that it would be preferable to require direct Paul). insurance company review of each policy, HF746/SF541*/CH42 members of both bodies, whom I respect Loopholes used by scammers, some highly, are convinced that lenders to be closed Minnesotans, especially our senior As some residents struggle to stay in their New law will allow installment plans citizens, will be well-protected by the homes during the economic downturn, issues for funeral expenses additional review procedures contained in have emerged with companies that charge Minnesotans will be able to prefund their this bill,” he wrote. homeowners fees to stay out of foreclosure. funeral expenses and pay it out over a period HF791*/SF574/CH54 Sponsored by Rep. Tim Sanders (R-Blaine) of time. and Sen. Kevin Dahle (DFL-Northfield), Effective Aug. 1, 2013, a new law sponsored a new law is intended to close a loophole by Rep. (DFL-Columbia Estate sales operators to face by requiring the same regulations for Heights) and Sen. (DFL-Austin), regulations foreclosure consultants that apply to will exempt preneed insurance from the Estate sale operators will be required to mortgage originators. graded death benefit law, which requires the guarantee their clients at least $20,000 prior The law is effective April 23, 2013. policy premium to be paid in a single upfront to agreeing to conduct an estate sale. HF129*/SF294/CH17 payment. The new law, sponsored by Rep. Linda The pecialtys life insurance product is sold Slocum (DFL-Richfield) and Sen. Barb through a life-insurance contract. Goodwin (DFL-Columbia Heights), is the Title loan regulations loophole HF654/SF748*/CH53 first to regulate estate sales by requiring closes operators to offer a surety bond. Certified A new law will close a loophole that public accountants and licensed attorneys, allowed certain lenders to avoid title loan Annuity changes become law however, are exempt. The law takes effect regulations. without governor’s signature Jan. 1, 2014. Under current law, lenders can obtain A new law, effective June 1, 2013, will HF131*/SF316/CH60 industrial loan and thrift licenses and make make changes in the regulation of annuities, the same loans that aren’t regulated by the an insurance product typically used as pawnbroker statute. a source of retirement income by senior No regulating that it’s pre-pay at the “(The law) simply says if you’re going to citizens. pump only engage in this kind of transaction we got one The law, sponsored by Rep. Melissa In an effort to stop the increasing number set of rules regardless of who you are,” said Hortman (DFL- Brooklyn Park) and Sen. of gas drive-offs at local pumps, and the Rep. (DFL-Mpls), who sponsors Roger Reinert (DFL-Duluth), follows model public safety costs the action brings with the law with Sen. regulation by the National Association of it, the Coon Rapids City Council passed (DFL-Mpls). Insurance Commissioners, which requires an ordinance that required patrons to only

New Laws 2013 7 pre-pay for their gas — at the pump or inside verification and print off a document that the store. can then be presented to an auto scrapper Economic Development However, several gas stations made their or recycler showing that the vehicle has not case to the Legislature arguing that the been registered for seven years. Payment options OK’d for demolition practice was costing them money because it Alternatively, if proof of ownership is not loans limited customer traffic into the stores where provided, businesses that buy vehicles for Development authorities will have another other purchases could be made. Rep. Dan dismantling and reselling parts can purchase way to repay redevelopment demolition Schoen (DFL-St. Paul Park) and Sen. James the vehicle but must hold it for seven days loans. Metzen (DFL-South St. Paul) sponsor the before scrapping, reselling or dismantling. Sponsored by Rep. Tim Mahoney (DFL-St. law that will not allow a local government A seller must agree to the hold period, Paul) and Sen. (DFL-St. Paul), to restrict a payment method. sign a statement that they have the right to a new law will change loan agreements so Effective May 17, 2013, the law states that dispose of the vehicle and provide proof of that repayment does not have to be through no local unit of government can restrict the identification. a loan backed by the general obligation of the sale of motor fuel based upon the method For a vehicle more than 20 years old and development authority. of purchase agreed to by the seller and inoperable, proof of ownership is not needed The law will allow a development authority purchaser. to scrap the vehicle. to use a security subject to approval by the HF1284*/SF1131/CH67 All scrap vehicle purchases without a Department of Employment and Economic title must be paid for by check or electronic Development to repay the loan. Examples transfer to a bank account, and the dealer could include tax-increment financing or Regulating scrap metal vehicle must retain a record of the seller’s mailing land sales. purchases address or unique transaction identifier for The law takes effect Aug. 1. 2013. In a matter of hours, a thief can now steal three years. HF368/SF340*/CH64 someone’s car, truck or van, sell it to a scrap Effective Jan. 1, 2014, “each scrap vehicle yard for cash and the vehicle can become a operator shall install and maintain at each squished pile of metal. location video surveillance cameras, still Rep. Tim Mahoney (DFL-St. Paul) and digital cameras, or similar devices positioned Education Sen. (DFL-Maplewood) to record or photograph a frontal view sponsor a new law that aims to make that showing a clear and readily identifiable image 2013 K-12 law features landmark scenario end by expanding licensing and of the face of each seller of a scrap vehicle spending on kindergarten regulatory provisions relating to scrap metal who enters the location. The scrap vehicle The omnibus K-12 education bill that and vehicle purchases. operator shall also photograph the seller’s legislators passed and Gov. Mark Dayton The law, partially effective Aug. 1, vehicle, including license plate, either by signed in 2013 includes big policy changes 2013, and partially delayed until other video camera or still digital camera, so that an as well as new money for schools across dates, was worked on by law enforcement, accurate and complete description of it may Minnesota. representatives of scrap metal dealers, auto be obtained from the recordings made by the The state will spend an estimated scrappers, and people who dismantle vehicles cameras. Photographs and recordings must $15.7 billion on education over the next two for parts. be clearly and accurately associated with their years, an increase of $485 million. About “What had been happening is that cars, respective records.” Any video must be shown half of the new money will go on the basic particularly older cars, were getting hooked to law enforcement, upon request. school funding formula, with increases of up to tow trucks and towed directly to The law will also require the dealers 1.5 percent each year. In a first for Minnesota, scrappers,” Mahoney said. “Because of the to report transactions daily using the another $134 million will fund optional way the laws are structured they were getting Automated Property System, which is an all-day kindergarten statewide starting in crunched right away. … Farmers were having expansion of the automated system used by the fall of 2014. their irrigation systems stolen out of their pawn shops to record product information. Special education will get an additional fields. So, this (law) is an attempt to put some The Minneapolis Police Department will $40 million. So will a program that will award regulations onto it.” develop software for implementation and thousands of early learning scholarships to 3- Under the law, “no person shall purchase use of the automated property system and and 4-year-olds from low-income families. a scrap vehicle unless the seller: provides the provide copies to anyone required to use the Rep. (DFL-Dilworth) vehicle title and lien releases, if the vehicle is system. This section is effective Jan. 1, 2015. and Sen. Chuck Wiger (DFL-Maplewood) subject to any liens, or an official bill of sale Mahoney said discussions will continue sponsored the omnibus legislation. With issued by a public impound lot, each listing in the interim among interested parties to some exceptions that are noted in statute, the vehicle identification number.” A seller consult on developing the APS and setting the law takes effect on July 1, 2013. must provide proof of identification and sign a fee schedule to pay for the system. “We HF630*/SF453/CH116 an affidavit that the vehicle is not stolen and don’t want them to charge a dime more than the person has the right to sell the vehicle. what this system is going to cost.” A report If there is no clear title, but the vehicle is will be due the Legislature next year, and World’s Best Workforce more than 10 years old, the owner can go to upon legislative approval, will take effect in The new law explicitly calls for school the Driver and Vehicle Services Division of January 2015. districts to help their students become the the Department of Public Safety website for HF1214*/SF934/CH126 world’s best workforce. It requires schools to

8 New Laws 2013 reach for lofty goals: All third-grade students detailed feedback about how they did on the Instead, the new law allows the 35 percent to should be able to read, all students should tests, with benchmarks that project whether be determined using state and local measures attain career and college readiness before they’re on track to graduate, pursue a career of student growth that may include value- graduation and graduate from high school, or get into college. (Art. 2, Secs. 12-13) added models or student learning goals. (Art. and schools must do their utmost to close 3, Secs. 15-16) the achievement gaps between white and Standard Adult Diploma minority, poor and rich students. The education commissioner will adopt a School Integration Lawmakers revised a statute governing standard adult high school diploma to adults An integration revenue program scheduled the process that districts follow to review who are not eligible for K-12 instruction, don’t to sunset will continue in a revamped form. their lessons and student achievement and have a high school diploma, and complete Schools will be able to use the money for evaluate instruction. The new language a state-approved adult basic education activities, including magnet schools and requires school boards to adopt long-term program leading to an adult diploma. The college readiness programs. strategic plans and to improve teaching and commissioner will appoint an advisory task The goals of the redesigned program learning. The plans must align with the goal force to make recommendations about the include higher achievement for all students of creating the world’s best workforce, have diploma by Feb. 1, 2014. (Art. 2, Secs. 17, 19) as well as racial and economic integration. clearly defined benchmarks and be reviewed Lawmakers also approved a new formula every year at a public meeting. Career Pathways Task Force for determining how much integration aid Under the new law, the education a school district gets. (Art. 3, Secs. 29-30, 32) commissioner must identify districts that A new career pathways and technical don’t make enough progress toward the education advisory task force will give a goals in any three-year period. In this report to the Legislature by Feb. 15, 2014. Charter Schools circumstance, for the next three years, (Art. 2, Sec. 18) Lawmakers approved a variety of changes the commissioner may tell those districts to charter school law. Some are technical, how to spend up to 2 percent of their basic Compulsory Attendance but some deal with issues such as conflicts of general education revenue to accelerate their The age of compulsory school attendance interest and termination of school contracts. progress. (Art. 2, Sec. 6) will increase from 16 to 17. (Art. 3, Sec. 1) (Art. 4, Secs. 1-10)

Regional Centers of Excellence EpiPens Restrictive Procedures The law funds Regional Centers of The new law excludes epinephrine auto- The law revises a statute that governs when Excellence that will help schools implement injectors from the general requirements for and how school employees can physically best practices to achieve goals such as administering medicines in schools, and restrain or seclude children to keep them closing the achievement gap and increasing makes other changes giving schools more from hurting themselves or others. Among graduation rates. (Art. 2, Sec. 7) leeway to use EpiPens when students have other things, the new law specifies that life-threatening allergic reactions. (Art. 3, schools may not use seclusion or physical Secs. 6-8) holding as a form of discipline. Schools may Statewide Testing continue to use prone restraints – placing a Schools will say goodbye to high-stakes child in a face-down position – until Aug. state graduation exams. Instead of the Teacher Licensure 1, 2015, a two-year extension of the current GRAD tests, students will take – but not Effective immediately, the Board deadline. have to achieve a minimum score on – a new of Teaching may issue two additional By March 1, 2014, the education set of tests in reading, writing and math. temporary, one-year teaching licenses to commissioner must receive recommendations Students in grade 11 will take a nationally otherwise qualified candidates who have not on how to reduce the use of restrictive recognized college entrance exam such as the passed the test for licensure. procedures. The commissioner must give ACT. The law also establishes a teacher licensure legislators a report on districts’ progress in School districts will use the tests to mentor advisory task force to recommend to the reducing the use of restrictive procedures and students’ progress: They’ll intervene with Legislature, education commissioner, and eliminating the use of prone restraints. (Art. students who need extra help, and encourage Board of Teaching how teacher applicants 5, Secs. 3-4) upperclassmen who are academically ready should demonstrate mastery skills. The task to start earning college credit before they force must report back by Feb. 1, 2014. By finish high school. Districts will also be Jan. 1, 2015, the Board of Teaching must Special Education Case Loads Task Force required to help students explore and plan adopt revised rules for the skills portion of The education commissioner will for careers or college based on their interests the teacher licensure exam. (Art. 3, Secs. 10- assemble a task force to come up with and educational strengths. 12, 33) recommendations on appropriate case loads The law will also change the reading and for special education teachers. The group will math tests taken by younger students. By report to the Legislature by Feb. 15, 2014. Teacher Evaluation (Art. 5, Sec. 28) the 2015-16 school year, students in grades The law changes a requirement that 35 3 through 7 will take computer-adaptive percent of a teacher’s evaluation be based on tests. The revamped testing system will value-added data for particular grades and be designed to give students quick, more subjects, to the extent the data is available.

New Laws 2013 9 Accelerated Repayment of School Aid Golden Valley) and Sen. Barb Goodwin A provision that required sample ballots in The state will use any surplus in its (DFL-Columbia Heights), the law also: certain municipal elections to be published General Fund at the end of fiscal year 2013 • clarifies when an email address submitted in the newspaper is repealed. to speed repayment of money that legislators to the secretary of state will be made The secretary of state’s office will receive previously borrowed from schools. The state public; $60,000 from the General Fund in fiscal year has already used surpluses to pay much of • clarifies and changes when the secretary of 2014 to develop a system of processing and that tab, but the new law explicitly makes state provides notice in an administrative tracking mail ballots within the statewide repaying schools the top priority for the dissolution; and voter registration system. money and requires the commissioner • clarifies the application of the law to limited The law no longer requires at least one of Minnesota Management & Budget to partnerships duration formed before Jan. public voting location for each 30,000 estimate the amount of the surplus by Sept. 1, 2005. residents of the county or at least one 30, 2013. (Art. 7, Sec. 20) HF1112*/SF1030/CH110 telecommunications device for the deaf for voter registration information in each county Youth Council Committee seat. (Art. 2) Teen members of a youth council No excuse necessary to vote Some of the recommendations of the Task committee will advise the governor and absentee Force on Election Integrity are contained Legislature on issues affecting youth. The Voters will no longer need a good excuse to in the new law and are related to the loss of committee will consist of four members from vote by absentee ballot because of a provision or restoration of voter’s rights after a felony each congressional district in Minnesota and in the omnibus elections law, effective May conviction. The law allows the Department four at-large members. They’ll be chosen 24, 2013. of Corrections to share data with the through an application and interview process In addition, those participating in the secretary of state’s office regarding the status run by the Minnesota Alliance with Youth. safe-at-home address confidentiality program of an individual’s right to vote. The secretary The group may propose legislation, advise will automatically be sent an absentee ballot, of state is appropriated $95,000 in the 2014- lawmakers on bills, and prepare a youth rather than an application, prior to each 2015 biennium to oversee implementation omnibus bill. (Art. 8, Sec. 1) election if the voter registers as a permanent of the task force recommendations and absentee voter with the secretary of state. $48,000 is added to the base budget. (Art. 3) The law backs up when absentee ballots can State primary voters in 2014 will be part of a Early Learning Scholarships be counted from four to seven days prior to trial run of electronic rosters for preregistered A new early learning program will award an election. and same-day voter registration in Dilworth, scholarships to 3- and 4-year-olds from low- Effective Jan. 1, 2014, the absentee Minnetonka, Moorhead, St. Anthony and income families. voter changes apply to voting at elections St. Paul. The pilot project will be evaluated Families can use the scholarships to enroll conducted for the 2014 state primary and and a report is due to the Legislature by Jan. their children in preschool and child-care thereafter. (Art. 1) 31, 2014. A General Fund appropriation of programs that participate in the Parent Several technical changes and elimination $67,000 is available to the secretary of state Aware quality rating and improvement of obsolete language are made to election for the pilot project and $21,000 is awarded system. Starting in July 2016, programs must laws. the Legislative Coordinating Commission have a three- or four-star rating to participate. For example, the number of individuals in fiscal year2014. (Art. 4) The scholarships are capped at $5,000 a year someone can vouch for as a valid resident Provisions regarding filling a vacant seat per child. (Art. 8, Secs. 2, 4) on Election Day drops from 15 to eight. are modified under the new law. (Art. 5) HF630*/SF453/CH116 However, an existing exemption for some Rep. Steve Simon (DFL-Hopkins) and residential facilities remains in effect. The Sen. Katie Sieben (DFL-Newport) sponsor minimum number of election judges required the new law. Elections in a precinct is reduced from four to three, HF894*/ SF677/CH131 except during the state general election. There is no longer an allowance for election judges Technical changes to the secretary of to select two individuals of different major New campaign finance limits state’s rules political parties to assist a voter in marking established Technical changes to the rules by which their ballot. Rather, the voter may select a Candidates for state office will be allowed the secretary of state’s office operates will person of their choosing to help. to spend more money and receive larger become effective Aug. 1, 2013. Current law requires an automatic, contributions after limits in campaign A new law removes the tax identification publicly funded recount for certain types spending were raised and donation number from data maintained by the of offices when the vote difference is less restrictions loosened by a new law. secretary of state that is considered private than 0.50 percent. That number is reduced Spending limits under the new law, or non-public. It also removes the tax under the new law to a vote difference of effective May 25, 2013, for candidates who identification number, but not the social 0.25 percent in order to be publicly funded. have signed a public subsidy statement security number, from private or non-public The apparent losing candidate must file a include: data in the secretary of state’s electronic written request with the state canvassing • Governor/Lieutenant Governor — $5 records. board within 48 hours of the canvass of the million; Sponsored by Rep. Ryan Winkler (DFL- election result. • Attorney general — $800,000;

10 New Laws 2013 •Secretary of state, state auditor — $500,000; their health insurance premiums. Minnesota Employee may recover unpaid wages • State senator — $120,000; and Management & Budget was directed to based on contracted rates • State representative — $60,000. renegotiate, but was unsuccessful in getting In September 2012, the Minnesota Contribution limits for candidates include: the unions to accept partial premium Supreme Court ruled that a long-standing • Governor/Lieutenant Governor — $6,000; payments by employees. law that gives workers the right to make • Attorney general — $4,000; A new DFL majority approved the claims for unpaid wages was unclear, which • Judicial office — $3,500 contracts, which require $76 million in led to legislation during this session to clarify • Secretary of state, state auditor — $3,000; new money this year and an estimated the law. • State senator — $2,000; and $249 million over for the next biennium. The case, Caldas v. Affordable Granite • State representative — $1,500. The agencies and departments will have to Stone, argued that tile workers who Sponsored by Rep. Ryan Winkler (DFL- absorb the pay increases within their existing were hired by AGS to repair tiling at the Golden Valley) and Sen. Ann Rest (DFL- budgets, according to Lillie. The last salary Minneapolis Convention Center were New Hope), the law expands the Campaign increases, other than performance-based step paid a lower prevailing wage than AGS Finance and Public Disclosure Board’s increases, were in 2008, he added. contracted for with the city of Minneapolis. jurisdiction, allowing it to recover campaign HF95/ SF58*/CH2 According to the workers, the prevailing contributions used for impermissible wage for terrazzo mechanics was $44.31 per purposes and provides that a matter under hour and they were paid a $16.38 prevailing the board’s jurisdiction could lead to criminal Ensuring adequate funds in workers wage as janitorial or maintenance workers. prosecution. compensation account The workers said that AGS misclassified It also modifies the amount of permissible How the Workers Compensation their work and that they had a right under carryforward in a campaign committee’s Reinsurance Association charges premiums the contract between AGS and the city to account from 50 percent of the election to its members and self-insurers will change, challenge that classification. year expenditure limit to 25 percent of the under a new law, to ensure that the premiums A new law, effective April 30, 2013, allows election cycle expenditure limit. are adequate to cover all the benefits the an employee to recover payment from an The law also classifies judges, county association expects to pay seriously injured employer even if the employee is not a party commissioners and certain nonpartisan workers. to the contract between the employer and the legislative staff as “public officials,” which Formed by the Legislature in 1979, the employer’s contracted client. requires, among other things, that individuals association provides reinsurance for worker’s The law more clearly states that wages are in these positions file statements of economic compensation to all insurers and self-insurers actually earned and unpaid if the employee interest with the Campaign Finance and in the state worker’s compensation system. was not paid for all the time worked at the Public Disclosure Board. Members purchase reinsurance at one of employee’s regular rate or at the rate required HF863/SF661*/CH138 three retention limits or deductibles. by law, whichever is greater. To keep reinsurance costs down, when An employee seeking unpaid wages must the association was created, a prefunded demand payment in writing. However, the Employment limit was put in statute on what claims worker does not have to state the precise they could actually charge for. Therefore, a amount of unpaid wages or commissions regular premium could be charged for claims because that information is typically held by Some workers see wages increase between member’s retention limit and the the employer. statutorily imposed cap. Benefits paid out Rep. Steve Simon (DFL-Hopkins) and Workers in five of the state’s labor unions above the cap are totaled each year and spread Sen. Kari Dziedzic (DFL-Mpls) sponsor the will receive a 2 percent across-the-board pay across the members annually. law. increase retroactive to Jan. 2, 2013, through Supporters said that worked well for HF748*/SF602/CH27 June 30, 2013, under a new law. 24 years because there weren’t claims that The law ratifies negotiated contracts for the exceeded the prefunded limit. But because of American Federation of State, County and rapidly rising medical costs more claims have Law clerk classification change Municipal Employees and the Minnesota exceeded the limit. The fund paid out about becomes law Association of Professional Employees. $3.6 million this year, but due to increases Law clerks for each of the five Workers Rep. (DFL-North St. Paul) and volume, the claims are forecast to rise to Compensation Court of Appeals judges and Sen. (DFL-Brooklyn $30 million to $35 million in the next 20 or will change from unclassified appeals Center) sponsor the law, which also 30 years. The change should have long-term court attorneys to classified compensation includes employee contracts for the Middle benefits, including prevention of dramatic, attorneys. Management Association; State Residential long-term increases in unfunded premiums. Rep. Tim Mahoney (DFL-St. Paul) and Schools Education Association; AFSCME, The new law eliminates the prefunded Senate President (DFL- Correctional Officers, Unit 8; and two limit. St. Paul) sponsor a new law that would compensation plans. Rep. Jason Metsa (DFL-Virginia) and Sen. also allow the chief judge to make the The same AFSCME and MAPE contracts Dan Sparks (DFL-Austin) sponsor the law, appointments, provided it is in consultation were rejected by a Republican-led majority which is effective Jan. 1, 2015. with two other judges. Current law allows in August 2012 because they didn’t require HF504*/SF372/CH15 each judge to appoint their own clerks. public employees to pay up to 10 percent of The law takes effect May 2, 2013.

New Laws 2013 11 The clerks are currently the only five Rep. Tim Mahoney (DFL-St. Paul) be reviewed and up to 13 more weeks of people in the state with this unclassified and Sen. Bobby Joe Champion (DFL- consulting services may be provided, if classification because the assumption long Mpls) sponsor the law, which adds private necessary, for a maximum total of 26 weeks. ago was that these would be short-term employers among those who must wait until If a worker’s compensation case requires employees; however, the people stayed, and an applicant is selected for an interview to ask legal representation, the formula for the each time a new judge was appointed he the question. The new law takes effect Jan. 1, insured’s attorney fees changes to a flat 20 or she would want to retain the law clerk 2014. percent, with a cap of $26,000. because of their experience. Employers who violate the new law within Also at the recommendation of the Supporters said the clerks would not only the first year will be subject to a written advisory council, the Department of Labor become part of the classified services, but be warning after their first offense, followed by and Industry will conduct a two-year pilot in a job class that is the same as the attorneys cash penalties for subsequent violations. program establishing patient advocates at the Department of Labor and Industry Minnesota is the third state to apply the for employees with back injuries who are and the Office of Administrative Hearings. standards to private, as well as public considering back fusion surgery and other HF1378*/SF1337/CH33 employers. treatment options. Funded by the Special HF690/SF523*/CH61 Compensation Fund, the advocates will help injured workers understand their options Some Hennepin County employee and the debate over the effectiveness of back benefits could get clarification PTSD coverage added as workers’ fusion surgery. Despite being paid by the county, compensation benefit A department study regarding the some skilled trade and craft workers and Employees who experience a tragic event potential effects on worker’s compensation apprentices are not technically considered at work that results in post traumatic costs due to reform measures is due to the Hennepin County employees. stress disorder may apply for worker’s advisory council by Dec. 31, 2013. If they were, they would be required to compensation under a new law effective Oct. HF1359/SF1234*/CH70 pay into the Public Employee Retirement 1, 2013. Association pension plan despite having their Rep. Tim Mahoney (DFL-St. Paul) and own labor group pension plan. Sen. Dan Sparks (DFL-Austin) sponsor Agencies, departments must absorb A new law, effective Aug. 1, 2013, will a new law that adds PTSD as a covered wage increases allow these employees to be considered occupational disease under workers’ Eight groups of state employees will county employees while receiving benefits compensation. receive salary increases under a new law from their labor group. Mahoney said the law resulted from a effective May 20, 2013. The increases vary The new law, sponsored by Rep. Mike 2005 Red Lake school shooting where several somewhat among the groups, but most of Nelson (DFL-Brooklyn Park) and Sen. Kari students and a teacher were murdered by the affected employees will receive 2 percent Dziedzic (DFL-Mpls), will allow Hennepin a former student during a shooting spree. increases. Employees who are eligible receive County to negotiate agreements and terms A teacher filed a claim for post traumatic performance based increases. of employment for skilled trade and craft stress disorder but was denied worker’s The groups include: Council 5, Unit workers with labor groups. Individuals hired compensation, according to Mahoney. 225 of the American Federation of State, under the agreement will also be excluded Lawmakers adopted several County and Municipal Employees; from the classified service group of county recommendations of the Workers’ InterFaculty Organization members; employees. Compensation Advisory Council that the Minnesota Nurses Association,; HF1195*/SF1111/CH41 worked on a list of recommended changes. members of the Minnesota Government Among the other employee benefits changing Engineering Council; the Minnesota State is an increase to the employee’s benefit wage. College Faculty, and the Minnesota State ‘Ban the Box’ law expanded to The maximum weekly benefit will increase to University Association of Administrative private employers 102 percent of the statewide average weekly and Service Faculty. Compensation Since 2009, state law has banned a public wage, which currently is $934.32 through plans for unrepresented employees at the employer from inquiring whether a job Sept. 30, 2013. The current amount is $850. Office of Higher Education and MnSCU applicant has a criminal record or criminal Beginning Oct. 1, 2013, the wage benefit administrators were ratified, as well as a new history at the time a person applies for a can be adjusted for cost of living increases up plan for managers at MNsure, the Health job, but the law does not apply to private to 3 percent. However, if the cost of living Exchange Board. employers. drops below zero, the amount would not The law is sponsored by Rep. Leon Lillie The so-called “Ban the Box” law will change. (DFL-North St. Paul) and Sen. Chris Eaton remove the question that asks job applicants Injured workers have had unlimited job (DFL-Brooklyn Center). The agencies or to check a box about whether they have development and placement services from departments where the affected groups work ever been convicted of a felony or gross qualified rehabilitation consultants, or must absorb the cost increase of the pay misdemeanor. The new law also has a QRCs, who help people returning to work raises. provision for jobs that don’t include an after being rehabilitated and cleared for HF1069*/SF1185/CH77 interview: employers cannot ask about employment. The law now caps consultant criminal issues until there is a conditional services to 20 hours per month per client. offer of employment. After 13 weeks, the client’s progress will

12 New Laws 2013 Jobs, energy. commerce and housing the past eight years, the Department of Minnesota Film and TV Board to offer law has potpourri of provisions Employment and Economic Development financial incentives, such as production cost A law that supporters call the best jobs bill estimates it has funded 53 projects through rebates. The board’s oversight will be moved in a decade includes additional money for the program that has provided more than from the Administration Department to job training and creation, new offices to $587 million in private investment. (Art. 1, DEED. market state goods overseas and a tax cut Sec. 3) Additionally, effective May 24, 2013, for businesses. Further, the law includes $24 million the law increases from 20 to 25 percent the It also creates the state’s first proposed in new money for a job creation fund that reimbursement allowed of production costs solar energy production standard, aims to will enable DEED to use the funds to help for films that locate outside of the Twin improve broadband service within the state businesses make capital investments and Cities metropolitan area or that incur more and contains a significant increase in base create jobs in the state. (Art. 1, Sec. 3) than $1 million in Minnesota expenditures funding for housing. The law calls for $461.8 Several different programs designed to in a 12-month period; or up to 20 percent million in spending, of which $367.76 assist disabled Minnesotans participate in (from 15) of production costs for films that million will come from the General Fund. the workforce are funded at levels identical incur production costs of less than $1 million Sponsored by Rep. Tim Mahoney (DFL- to current funding and to the governor’s in the metro area within a 12-month period. St. Paul) and Sen. (DFL- proposed budget: Vocational Rehabilitation (Art. 1, Sec. 3; Art. 3, Sec. 16) Chisholm), the following select provisions Services; Extended Employment; Centers for The lone overseas Minnesota trade office is in the omnibus jobs, economic development, Independent Living; State Services for the now in China. The law provides an additional housing, commerce and energy law are Blind; and Supported Employment. (Art. 1, $1.63 million for three more offices in yet- effective July 1, 2013, unless otherwise noted. Sec. 3) to-be-determined locales to help Minnesota HF729*/SF1057/CH85 In the area of workforce development, businesses sell their goods in foreign markets. the law, in part, provides $3 million for the Furthermore, a State Trade and Export Employment, economic development and FastTRAC program, which helps those with Promotion grant program is established workforce development barriers to finding a job, such as a language to provide assistance to small businesses Supporters are quick to praise a $346 difficulty or not having a GED, secure interested in exports. million tax cut to businesses, claiming it will employment. (Art. 1, Sec. 3) The law also establishes a 15-member trade save every business money by reducing the rate The law allocates $987,000 in fiscal policy advisory group to advise and assist the that employers pay on their unemployment year 2014, on a onetime basis, for a governor and Legislature regarding United assessment. Opponents said the cut would pilot customized training program for States trade agreements. (Art. 1, Sec. 3; Art. have happened anyway, but this bill just manufacturing industries. DEED and the 3, Secs. 9-11) accelerates it by one year. Department of Labor and Industry will In fiscal years 2014 and 2015 repayment Under the program, jointly operated work with the Minnesota State Colleges and amounts from the City of St. Paul to the by the federal and state government, Universities system to develop a customized state on a loan used to construct the Xcel business owners pay a base rate for their training program for manufacturing Energy Center are reduced by $500,000 and employees. Funds are used for the payment industries that integrate academic no money is to be repaid in fiscal years 2016 of unemployment benefits. However, special instruction and job-related training in through 2021. Instead, those dollars must be assessments were also needed during the the workplace. The program will occur at used for arena improvements. (Art. 5, Sec. recession to help pay the federal government four campuses (Alexandria Technical and 47) which had loaned Minnesota money when Community College, Century College, DEED is to conduct a yearly cost of living its trust fund ran dry. Despite the fund Hennepin Technical College and Central study, adjusted for family size by county that being solvent, employers are still paying Lakes College) with a goal of creating includes an analysis of statewide and county assessments. skilled workers for current and projected employment and job vacancy data and If the Unemployment Insurance Trust manufacturing openings. (Art. 1, Sec. 3; Art. recommendations for helping the assessment Fund has more than $800 million in it on 3, Sec. 24) of employment and economic development Sept. 30, 2013, there will be rate reductions, To encourage state licensure of foreign- planning in the state. A report is due the including another one year later. Supporters trained health care professionals, the law will Legislature by Feb. 1 each year. said that means that every employee is worth allocate $450,000 for DEED to “collaborate Additionally, in collaboration with at least $150 and up to $450 as a tax break to with health-related licensing boards and the Office of Higher Education and local that employer, and they hope that business Minnesota workforce centers to award grants workforce councils, DEED is to “produce and owners use that money to advance their to foreign-trained health care professionals publish labor market analysis describing the business by buying new equipment or train sufficient to cover the actual costs of taking alignment between employer requirements their employees to improve their skills and a course to prepare health care professionals and workforce qualifications.” The report make more money. (Art. 4, Sec. 18) for required licensing must include: current and projected job Among the financial aspects of the examinations and the fee for the state growth in industry sectors and occupations, economic development portion of the law is licensing examinations.” This is expected to identification of high growth and high $30 million in new money for the Minnesota affect about 250 people. (Art. 1, Sec. 3) vacancy jobs, the number of recent graduates Investment Fund that awards funds to local In hopes of attracting more television and current enrollees in credential and units of government which then provide and film production to the state, the law degree programs, and completion rates and loans to assist expanding businesses. In will provide $10 million in funding to the average debt. (Art. 3, Secs. 1-2)

New Laws 2013 13 Other provisions in the law include: a long-standing limit on the size of customer- report will be due to the Legislature that • the Office of Collaboration and Dispute owned wind or solar installations that can be includes, in part, an analysis of the current Resolution is created at the Bureau of connected to the power grid and sell their availability and use of broadband, including Mediation Services; (Art. 1, Sec. 7) unused power to investor-owned utility average broadband speeds, within the state; • setting out the requirements for the companies. Systems that generate up to information from schools, libraries, hospitals licensing and registration of elevator 1,000 kilowatts will be eligible The cap had and public safety facilities determining the constructors and contractors and adds previously been 40 kilowatts. (Art. 9, Secs. speed and capacity of current broadband elevator repairs to items needing a permit; 3-4) and the potential need for increases to meet (Art. 2, Secs. 22-24) The Department of Commerce – which current or anticipated needs; and an analysis • establishing plumbing permit fees; (Art. regulates utilities – will develop a new of the degree to which new, additional or 2, Sec. 34) formula for utilities to use to pay customers improved broadband infrastructure would • moving the jurisdiction of combative sports for electricity generated from solar energy. spur economic development in the state. to DOLI, requires promoter bonds of at Utilities currently pay solar generators the An additional $11 million for Explore least $10,000 and updates the fee schedule retail electric rate for this energy; a new Minnesota Tourism is called for in the law for professional licenses issued by the “value of solar rate” will calculate the actual to encourage economic activity throughout commissioner; (Art. 2, Secs. 38, 41, 43) value of that power to the utility, including the state. • DEED is to study the training needs of factors like transmission cost savings and The Commerce Department is given employers in the skilled manufacturing environmental benefits. (Art. 9, Sec. 10) $25,000 each fiscal year to use “for newspaper industry and report back to the Legislature Other energy provisions signed into law advertising directed at persons who own or by March 1, 2014; (Art. 3, Sec. 25) include: may own unclaimed property.” (Art. 1, Secs. • an addition of new barber fees for a retake of • $5 million for five years in annual 5, 13; Art. 3, Secs. 13, 26) written examinations, renewal of student production-based incentives to residential permits, letter of license verification, and and commercial customers who install Housing reinspection; (Art. 5, Sec. 3) solar panels on their homes and businesses; The law contains a $22 million ongoing • prohibiting anyone who is not a registered (Art. 10, Sec. 1) base funding increase for the Minnesota barber or barbershop to display a red or • a “Made in Minnesota” incentive for the Housing Finance Agency. Supporters white or red, white and blue cylindrical installation of photovoltaic and solar indicated it is the first significant increase pole; (Art. 5, Sec. 19) and thermal energy systems manufactured in in more than a decade. • the city of St. Paul, effective Jan. 1, 2014, the state; (Art. 11, Secs. 1-7) and The law includes a onetime $10 million may require that a reasonable portion of • a requirement that directs Xcel Energy to appropriation for housing in communities land be dedicated to the public or impose submit a plan for a community garden and regions that, in part, have low housing a dedication fee in conjunction with the solar program that allows individuals vacancy rates, experienced job growth since construction permit required for new and businesses to purchase a portion of 2005, have cooperatively developed a plan housing units and new commercial and the capacity of a single solar installation that identifies current and future housing industrial development in the city. (Art. located in the community. These customers needs or have a significant portion of area 5, Sec. 44) may claim credit on their utility bills for employees who commute more than 30 miles excess electricity generated by the solar to their job. This, supporters say, is especially Energy facility and sold to the utility as if the important in parts of Greater Minnesota. A slew of energy provisions are also part of panel were installed on their own property. To help increase student achievement by the law. At the core of those measures is the Each shared system must have at least five increasing their housing stability, the law state’s first solar energy production standard. owners and is capped at one megawatt. appropriates $2 million in onetime money The mandate requires Minnesota’s (Art. 10, Sec. 2) in fiscal year 2014 for temporary rental largest utilities to procure or produce 1.5 assistance for families with school-age percent of their energy from photovoltaic Commerce children who have changed home or school solar installations by 2020 and sets a non- In the area of commerce, the funding at least once in the past school year. mandatory goal of 10 percent of the state’s portion of the law largely follows the The Voice of East African Women electricity be produced using solar technology governor’s recommendations in protecting Organization is to receive $175,000 each by 2030. (Art. 10, Sec. 3) consumers and increasing business year to provide safe housing for victims of Only the state’s investor-owned utilities, responsiveness. Many of the agencies in this domestic abuse and trafficking. According like Xcel Energy, will be subject to the area are fee-based. to the law, “the program shall provide shelter solar standard, however. Municipal electric The law spends $700,000 for the newly to East African women and children in utilities and cooperative associations will created Office of Broadband Development Minnesota and other victims of domestic be exempt; iron ore mining and paper and within DEED to improve broadband violence.” (Art. 1, Sec. 4) taconite processing plants are also excluded service within the state in order to drive from the mandate. job creation, serve the ongoing needs of The solar standard comes on top of the the state’s education system and improve state’s existing 25 percent by 2025 renewable accessibility for underserved communities energy mandate. and populations. The energy portion of the law also increases Effective May 24, 2013, an annual

14 New Laws 2013 Changes for employees who have reductions and contribution increases. issues such as CCAP reimbursement rates. sick leave benefit The state patrol pension plan, which has a The law also affects some in-home personal Employees who work under a vacation/ funding level of 72.8 percent, will implement care attendants who work for elderly or sick leave method of paid time off will have a two-step contribution rate increase totaling disabled Minnesotans, and whose services a minimum four weeks of sick leave to care 2 percent for employees and 3 percent for are at least partly funded by the state. The for an ailing relative under a new law effective employers. (Art. 9) Services Employees International Union, or Aug. 1, 2013. Current law only allows sick Police and fire pension members will see SEIU, has been working with those people, leave when caring for a child; eligibility their service requirements for a fully vested many of whom care for family members. If will now expand to include caring for an pension increase from three to 10 years for they unionize, they would be able to bargain adult child, spouse, parent, grandparent or members employed after June 30, 2010, and collectively with the state on issues such as stepparent. 20 years for members employed after June 30, pay and benefits. Rep. (DFL-South St. Paul) 2014. Due to the plan’s funding deficiency, To trigger an election, AFSCME and and Sen. Bobby Joe Champion (DFL-Mpls) police and fire fund members and employers SEIU will each have to collect signatures sponsor the law. will pay two-step contributions increases. in support of unionization from at least 30 In order to gather real data on the financial The total contribution increase for employees percent of the workers who would be eligible impact, Minnesota Management & Budget is 1.2 percent of salary, and for employers 1.8 to vote. Elections would be held by mail will analyze the state’s fiscal impact from percent of salary. (Art. 11) ballot. employees using the expanded sick leave Both the St. Paul and Duluth teachers’ Neither group would have the right to benefits. The report will be due legislators pension plans are currently experiencing strike. Agreements they reached with the Aug. 1, 2014. significant funding deficiencies. Both funds state would have to be approved by the Rep. Carly Melin (DFL-Hibbing) and Sen. will see increased employee contributions as Legislature. Jeff Hayden (DFL-Mpls) said they wanted to well as an increased state appropriation. (Art. If the union drives are unsuccessful, much see care for a grandchild, niece or nephew 13) of the new law will expire on June 30, 2017. included in the benefits because many Judges will see a decrease in their annual Except as otherwise noted in statute, the law grandparents, aunts and uncles are primary cost of living increases until the judge’s is effective May 25, 2013. caregivers. Champion suggested they revisit pension plan is at least 70 percent funded. HF950/SF778*/CH128 the issue after the MMB analysis of the fiscal Also, judges will be divided into two tiers. impacts is completed. Benefits and contributions will be lower for Previous fiscal notes indicated costs of up tier two judges than for tier one judges. A tier Energy to $27 million a year to local governments two judge is a person who was first appointed and $10 million annually to the state. Besides or elected as a judge after June 30, 2013 or compensating an employee on sick leave, who was first appointed or elected as a judge HED Fuel adjustment clause inserted counties and cities would likely need to pay before July 1, 2013, had less than five years of into biomass mandate law time-and-a half for replacement workers allowable service on or before Dec. 30, 2013, A northern Minnesota power agency will when the employee is in a public safety and chose to be into the tier two program. be paid more for energy produced by a wood- role, such as police and fire, according to (Art. 14) burning power plant under an amendment to testimony. HF1152/SF489*/CH111 the state’s electric energy biomass mandate. HF568/SF840*/CH87 Rep. Carly Melin (DFL-Hibbing) and Sen. David Tomassoni (DFL-Chisholm) sponsor In-home care providers could an amendment to state law that directs Xcel Contributors will pay more into unionize under new law Energy, at the request of Laurentian Energy, pension funds A controversial new law will allow labor to negotiate a higher rate for electricity Deficiencies across several state employee organizing that could unionize thousands generated at the company’s biomass-fueled pension and retiree plans have resulted in of home-based care providers. plants in Hibbing and Virginia that will a series of benefit reductions along with The law gives many child-care providers cover the full cost of electricity produced at contribution increases and a new formula and personal care assistants a route to the facilities. moving forward into solvency by the year collective bargaining with the state. It allows The easurem is identical to fuel adjustment 2038. union drives that, if successful, will trigger clauses in place for two other biomass- The provisions are included in the omnibus elections in which the affected workers will powered plants in St. Paul and Benson. pension law, effective May 24, 2013, unless decide whether to unionize. The facilities were constructed as part of otherwise noted. The law covers licensed and unlicensed legislation passed in 1994 that obligated Xcel Rep. (DFL-Hermantown) in-home child-care providers who get state to meet a biomass energy production mandate and Senate President Sandy Pappas (DFL- reimbursement for taking care of children in return for the storage of radioactive spent St. Paul) sponsor the law, which includes in the need-based Child Care Assistance nuclear fuel rods at Prairie Island. pensions for judges, teachers, police and Program. The American Federation of Effective May 14, 2013, the amended firefighters, state patrol, corrections officers State, County and Municipal Employees, law raises the price cap for purchased and general state and local government or AFSCME, has sought to organize those energy from the Hibbing and Virginia employees. workers. If they vote to unionize, they will be plants from $104 to $109.20 per megawatt Most groups will continue to see benefit able to bargain collectively with the state on hour. It also requires Xcel to reimburse

New Laws 2013 15 Laurentian monthly for costs associated examination and report by a licensed • $3 million to the Board of Water and Soil with procuring and delivering fuel in excess engineer. Resources to continue providing grants to of $3.40 per million BTUs and requires the A new law also clarifies that channel soil and water conservation districts and investor-owned utility to purchase all energy erosion reduction and other water quality other units of local and state government produced at the facilities up to 110 percent improvement measures may be incorporated to hire staff to reenroll expiring lands and of scheduled production. into drainage system repair projects, and adds programs for conservation purposes; HF623/SF521*/CH57 incorporation of a multi-stage ditch to the • $2 million for the University of Minnesota list of repairs that, in some circumstances, to acquire about 80 acres of land require the appointment of viewers. surrounding Landowners displaced by Lake Tamarack in Carver County as part of transmission lines Other changes include: the landscape arboretum; given more options • the definition of the term “board” for • $1.5 million to acquire a portion of 12 Utilities must spend more on a program purposes of drainage law is amended to acres for Frogtown Farm and Park to be aimed at low-income customers and include a joint county board, the board established as a St. Paul landowners displaced by high-voltage of managers of a watershed district, or a city park; transmission lines will have more rights in watershed management organization to • $1 million for the Department of Natural dealing with the energy companies that build provide clarification of roles when those Resources to acquire authorized state trails them under a new energy law. entities are acting as drainage authorities; and critical parcels within the boundaries Under a law that takes effect July 1, 2013, • clarification of the transfer of drainage of state parks; the state’s amended “buy the farm” law system records between a county and a • $1 million for the DNR to continue the will allow an agricultural landowner in the watershed district when drainage authority update and enhancement of wetland route of a new transmission line to choose is transferred; and inventory maps for Minnesota; and to have the utility constructing it purchase • clarifications of authority for wetland and • $200,000 to the University of Minnesota their entire property and compensate for water-quality improvement elements in to evaluate and identify native Minnesota the real costs of relocation instead of only certain projects. elms resistant to Dutch elm disease. the parcel required to build the new line. It Rep. Rick Hansen (DFL-South St. Paul) HF1113*/SF987/CH52 was a provision pushed for by Rep. David Bly and Sen. Dan Sparks (DFL-Austin) sponsor (DFL-Northfield), advocated for by farmers the law. and landowners impacted by the 700-mile HF66*/SF113/CH4 DNR given land authority by new law CapX2020 transmission line being built The Department of Natural Resources through a portion of the state. can sell, exchange and acquire lands to meet The law, sponsored by Rep. Joe Atkins LCCMR appropriations target its conservation mission, and legislative (DFL-Inver Grove Heights) and Sen. D. invasive species approval of tax-forfeited land sales is also Scott Dibble (DFL-Mpls), also requires A $38.16 million appropriation will fund given to local units of government when a a public utility providing natural gas to 46 natural resources projects recommended new law takes effect Aug. 1, 2013. increase the amount of money it spends for by the Legislative-Citizen Commission on Sponsored by Rep. Roger Erickson (DFL- low-income customers from 0.2 percent to Minnesota Resources. Baudette) and Sen. Foung Hawj (DFL-St. 0.4 percent of its three-year average gross Nearly one-quarter of the money will go Paul), the law also allows the Department of operating revenue. to the University of Minnesota’s Aquatic Revenue to convey tax-forfeited land, for no Another provision of the law allows Invasive Species Center – $4.35 million in monetary compensation, to be used as school utilities to include or exclude energy and fiscal year 2014 and the same amount in fiscal forests. cost savings generated through low-income year 2015. However, an additional provision would conservation programs deemed to not be cost Money for the projects comes from the require those lands be subject to a perpetual effective toward the utility’s annual energy Environment and Natural Resources Trust conditional use deed. They would revert to savings goal. Fund, which the commission provides state control if not used as a school forest for HF854*/SF695/CH132 funding recommendations to the Legislature three consecutive years. on. The fund was created by constitutional HF740*/SF886/CH73 amendment in 1988 using money generated Env. & Natural Resources by the Minnesota State Lottery. Rep. (DFL-Mpls) and Sen. Cattail removal OK for Shaver Lake Kari Dziedzic (DFL-Mpls) sponsor the law, Landowners with property on the shores New definitions and process which will allow the university to get started of Shaver Lake in Hennepin County will clarifications enacted. with its work on species such as zebra mussels receive an aquatic plant management permit. A drainage authority will be more and carp. Wagenius called it a “significant The new law requires the Department of clearly able to reestablish drainage system amount for the research center to actually hire Natural Resources to issue the permit for the records that are lost, destroyed or otherwise some professors and get the graduate students mechanical control of hybrid and narrow- incomplete. The authority can undertake that to do the lab work that needs to be done.” leaved cattails that have disrupted the area’s reestablishment with several requirements, Effective July 1, 2013, some of the other natural ecology. including that the process involve an appropriations include: Rep. John Benson (DFL-Minnetonka),

16 New Laws 2013 who sponsors the law with Sen. Terri Bonoff amount of a pollutant a body of water can rules and statutes, and score well on a (DFL-Minnetonka), said the area has been a receive and still safely meet water quality new assessment tool developed by the dumping ground for storm water runoff for standards. Department of Agriculture, which oversees the past 30 years, which led to the growth of The new law expands the program to the program. (Art. 2, Sec. 1) the cattails. allow for projects necessary to meet limits The law also establishes a new program The law allows the neighborhood for certain phosphorous, nitrogen or other designed to increase the recycling of unused association to harvest those cattails as has water quality effluents. It also eliminates paint. When it takes effect, architectural been done previously, according to Benson. some requirements that must be satisfied paint — defined as interior or exterior The law is effective Aug. 1, 2013. before the PFA awards those grants. architectural coatings sold in containers HF461*/SF248/CH75 Sponsored by Rep. Mary Murphy (DFL- of five gallons or less — may not be sold in Hermantown) and Sen. Bev Scalze (DFL- Minnesota by a producer or retailer that is Little Canada), the law also increases the not a participant in a product stewardship Hazardous leak notification maximum grant amounts for the small plan. information will expand community wastewater treatment program Those plans, which need to be approved Currently, the state emergency response from $10,000 to $20,000, plus $1,000 (up by the Pollution Control Agency, must center or a firefighting or law enforcement from $500) for each household up to a organize a system to collect discarded organization must be notified when a maximum of $60,000 (up from $40,000). products, without a fee. They must also state reportable quantity of a hazardous or The new maximum amount that could that the stewardship program will accept extremely hazardous substance is released or be awarded for a project under the small all discarded products, regardless of who spilled. community wastewater treatment program produced them, and propose a uniform Sponsored by Rep. Dan Schoen (DFL-St. will be $2 million. It had been $500,000 per “stewardship assessment” be placed on all Paul Park) and Sen. Katie Sieben (DFL- year, up to three years. products sold in the state. Retailers must Newport), a new law will ensure that the HF819*/SF613/CH105 include the fee in the price of that product state emergency response center also notify they sell. (Art. 4, Sec. 78) a local 911 emergency dispatch center within The law also requires a permit from the 24 hours of the notification, unless “the Invasive species fight is funded in Department of Natural Resources before situation requires an immediate response or new environment, ag law excavation or mining of silica sand can the area is unknown to the center.” Then, the Nearly $16 million to fight the spread take place in certain parts of the state. It state emergency response center shall direct of invasive species across Minnesota and a further directs the Environmental Quality the caller also to call local authorities. water quality certification program are two Board to establish model standards and The law takes effect Jan. 1, 2014. key provisions of the omnibus environment, criteria for silica sand mining, processing Supporters note that under current law, natural resources and agriculture finance and and transporting. They can be used by local the state duty officer does not require them policy law. units of government in developing local to notify local jurisdictions, and Schoen said The invasive species money is to be used for ordinances. The EQB is also directed to that local authorities will sometimes get an management, public awareness, assessment assemble a technical assistance team that e-mail report three or four days after an oil research and inspections to curb the spread can help local units of government with refinery in his district called the state duty of invasive plants and animals on land and issues arising from mining and processing officer to report a release of something, but in the water. That appropriation is one of operations. (Art. 4, Secs. 66, 91) there is no notification to local authorities. dozens included in the law, which funds They add that earlier and quicker and gives direction to hundreds of programs Other provisions notification allows for faster informed throughout the state. The law, sponsored by Rep. Jean Wagenius decisions when it comes to the safety of The law, effective July 1, 2013, unless (DFL-Mpls) and Sen. David Tomassoni citizens and the refinery employees. For otherwise noted, appropriates $702.1 million (DFL-Chisholm), also includes: example, they note a release of chemicals on for environment and natural resources • $300,000 to protect pollinator habitat, a rainy day is a significantly different event programs and another $81.3 million for and language directing the Department than a release of some of these chemicals on agriculture programs. of Agriculture to incorporate pollinator a mild, calm, sunny day. HF976*/SF1170/CH114 habitat best practices into pesticide HF814*/SF1033/CH92 applicator and county agricultural Renew, recycle inspector training; (Art. 1, Sec. 3) One of those is a water quality certification • $20.4 million for the Agricultural Growth, New law modifies PFA grant program establishing a voluntary pilot Research and Innovation program to programs program in select watersheds that would develop new markets for Minnesota The Total Maximum Daily Load grant presume that qualifying farmers are farmers, facilitate livestock operations program will expand effective Aug. 1, 2013. contributing their share of any applicable and provide for biofeul and other energy Administered by the Public Facilities targeted reduction of water pollution for up development including renewable energy Authority (PFA), the program provides to 10 years. projects for rural residents; (Art. 1, Sec. 3) grants to local units of government working To receive that certification, farmers • A provision that the NextGen Energy to control water pollution. A total maximum choosing to participate need to demonstrate Board make grant recommendations to the daily load is the calculation of the maximum compliance with applicable environmental Department of Agriculture for owners of

New Laws 2013 17 Minnesota facilities producing bioenergy If the petition is made and granted, the Trails Commission. (Art. 3, Sec. 8) or biobased content, organizations commissioners may assign those duties This 13-member commission will establish researching agronomic or economic and responsibilities elsewhere within the six regional parks and trails districts in the requirements of prairie plants and other county government; and (Art. 4, Sec. 96) state, encompassing the area outside the perennials for bioenergy systems and other • Provisions moving the oversight over seven-county Twin Cities metropolitan area. non-government entities; (Art. 1, Sec. 3) sanitary districts from the PCA to the It will be comprised of two representatives • $2 million for the state’s county fairs to Office of Administrative Hearings. (Art. from each district and one at-large member. enhance arts access and education to 5) They will develop a strategic plan determining preserve and promote Minnesota’s history HF976*/SF1170/CH114 parks and trails of regional significance and cultural heritage; (Art. 1, Sec. 3) eligible for funding from the Parks and Trails • $1 million for grants to Second Harvest Fund. Heartland; (Art. 1, Sec. 3) Omnibus legacy law distributes The law also directs the Lessard-Sams • Provisions for the definition and control of nearly $500 million Outdoor Heritage Council — which oversees noxious weeds; (Art. 2, Secs. 21, 23) The Minnesota State Arts Board will the Outdoor Heritage Fund — to examine • Changes to the petroleum replacement receive $42.6 million to support artists and transitioning to a biennial recommendation goal, lowering the specified biofuel portion arts organizations in creating high-quality process beginning in fiscal year 2016. The of total gasoline sold, or offered for sale, in arts activities, overcome barriers to accessing council is required to submit a report on Minnesota by 2015 from 20 percent to 14 them, and instill the arts into the community that subject, along with recommendations on percent, but raising the portion sold, or and public life thanks to a new law. heritage fund spending, to House and Senate offered for sale, by 2025 from 25 percent The legislation also appropriates $20.4 members by Jan. 1, 2014. (Art. 1, Sec. 3) to 30 percent; (Art. 2, Sec. 63) million to the Board of Soil and Water Gov. Mark Dayton did line-item veto • $7.2 million to the PCA for its leaking Resources for grants to protect and restore two funding provisions: $6.3 million “for underground storage tank program to surface, ground and drinking water and to grants to restore and enhance wetlands, protect the land; (Art. 3, Sec. 3) protect, enhance and restore water quality prairies, forests, and habitat for fish, game, • $16.8 million to the DNR for the in lakes, rivers and streams. In addition, and wildlife in the metropolitan regional snowmobile grants-in-aid program; $14.29 BWSR receives $12 million for grants to local parks system” and $3 million “for aquatic million for prevention, pre-suppression government units that have multiyear plans invasive species grants to tribal and local and suppression costs of emergency that will result in a significant reduction in governments … for education, inspection, firefighting; and $1.4 million to the water pollution in a selected watershed. (Art. and decontamination activities at public DNR to develop and maintain a records 2, Sec. 7) water access, and other sites.” Neither item management system capable of providing Those are two of the dozens of provisions was endorsed by the heritage council. real-time data with global positioning in the omnibus legacy law sponsored by “My line-item vetoes do not reflect system information; (Art. 3, Sec. 4) Rep. Phyllis Kahn (DFL-Mpls) and Sen. a lack of support for the two projects; • $11.2 million to the Metropolitan Council Richard Cohen (DFL-St. Paul). All portions rather they underscore my conviction for metropolitan area regional parks and of the law are effective July 1, 2013, unless that the House Legacy Committee trails maintenance and operations (adding otherwise noted. must work with its citizen councils, not both funding sources gives a higher The law appropriates a total of $496.1 against them. I will ask the Lessard-Sams amount); (Art. 3, Sec. 6) million to fund dozens of arts, parks, trails Outdoor Heritage Council to reconsider • A provision allowing the DNR, within and natural resources projects. That money these two projects when it assembles its designated groundwater management will be divided among four funds endowed next funding recommendations,” Dayton areas, to require consumers using less by the Clean Water Land and Legacy wrote in his veto letter. “I believe it is than 10,000 gallons of water per day, or Amendment passed by voters in 2008: imperative that the leadership of the House 1 million gallons per year — and water • Clean Water Fund - $194.9 million (Art. 2) Legacy Committee repair its relations with suppliers serving less than 25 persons • Arts and Cultural Heritage Fund - $115.9 the Lessard-Sams Council and the many for domestic purposes — to get a general million (Art. 4) sportsmen, sportswomen, outdoor recreation permit for water use from the DNR; (Art. • Outdoor Heritage Fund - $100.05 million enthusiasts, hunters, anglers, and everyone 4, Sec. 72) (Art. 1) else committed to the enhancement of our • A provision requiring laboratories • Parks and Trails Fund - $85.1 million state’s priceless outdoor heritage. Otherwise, performing wastewater or water analytical (Art. 3) I have serious doubts that a Legacy Bill can work being done to determine compliance The law maintains the traditional split be enacted in future legislative sessions.” with a national pollutant discharge of money from the Parks and Trails Fund. elimination system or state disposal Forty percent would go to state parks and Other appropriations in the law include: system, to be certified according to trails, 40 percent to parks and trails in the • $5 million to the Department of Agriculture specified criteria; (Art. 4, Sec. 76) metropolitan area, and 20 percent to parks to increase monitoring and evaluation of • A provision allowing the Hennepin and trails in greater Minnesota. nitrates in groundwater areas vulnerable to County Board of Commissioners to As part of an effort to better develop, degradation and $3 million to implement petition the Board of Soil and Water support and maintain the parks and trails in an agricultural water quality certification Resources to discontinue the Hennepin the latter category, the law also establishes program; (Art. 2, Sec. 3) Soil and Water Conservation District. a Greater Minnesota Regional Parks and

18 New Laws 2013 • $18 million for Public Facilities Authority • $6 million to the Department of Education designate one weekend each year when an to run the total maximum daily load grant for grants to 12 Minnesota regional all-terrain vehicle may be operated on state program; (Art. 2, Sec. 4) library systems to provide educational and grant-in-aid trails without registration. • $18.8 million for the Pollution Control opportunities in the arts, history, literary The law, sponsored by Rep. David Dill Agency to develop watershed restoration arts and cultural heritage of the state; (Art. (DFL-Crane Lake) and Sen. Matt Schmit and protection strategies for waters 4, Sec. 2) (DFL-Red Wing), also allows non-residents listed on the Environmental Protection • $3.5 million to the Minnesota Zoo to participate during the designated weekend Agency’s approved impaired waters list; for programs and development of the without a state trail pass. $15.2 million for the agency to complete Minnesota Zoological Garden and to HF742/SF796*/CH121 20 percent of the statewide assessments of provide access to the arts, arts education surface water quality and trends; and $6.9 and cultural heritage of the state; (Art. million for the PCA to enhance county- 4, Sec. 2) Health & Human Services level delivery systems for subsurface • $3 million to Minnesota Public Radio to sewage treatment systems activities. This create programming and expand news includes base grants for all counties with service on the state’s cultural heritage and Medical Assistance expands to cover SSTS programs; (Art. 2, Sec. 5) history; (Art. 4, Sec. 2) more Minnesotans • $4 million for the Department of Natural • $2.2 million to the Science Museum An estimated 40,000 additional low-wage Resources to install additional monitoring of Minnesota, with $1.2 million of earners and their families may qualify for gauges to help determine the relationship that amount to be used to upgrade Medical Assistance coverage as a result of between stream flow and groundwater; the museum’s Omnitheater audio and a new law that extends coverage to those (Art. 2, Sec. 6) projection systems; (Art. 4, Sec. 2) making up to 138 percent of the federal • $20.4 million to the Board of Soil and • $2 million to children’s museums in poverty level, including a standard 5 percent Water Resources for grants to protect and the state, including $1 million for the income disregard or about $15,000 per year. restore surface water and drinking water, Minnesota Children’s Museum and Increases in income limits take effect Jan. 1, to keep water on the land, enhance and $400,000 for the Duluth Children’s 2014. restore water quality; and $13 million Museum; (Art. 4, Sec. 2) Rep. Thomas Huntley (DFL-Duluth) and to purchase and restore permanent • $1 million to the Como Park Zoo for Sen. Kathy Sheran (DFL-Mankato) sponsor conservation easements on riparian program development, with priority given the law, which allows the state to exercise its buffers adjacent to lakes, rivers, streams to projects that have a non-state cash option under the federal Patient Protection and tributaries to keep water on the land, match of at least 25 percent of the total and Affordable Care Act to expand Medical reduce pollution and increase groundwater cost; (Art. 4, Sec. 2) Assistance. recharge; (Art. 2, Sec. 7) • $150,000 for grants to small movie theaters The state is expected to save $129 million • $33.7 million to the DNR for state parks, to transition from film to digital projection in the Health Care Access Fund during the trails and recreation areas to connect systems; (Art. 4, Sec. 2) 2014-2015 biennium, and an estimated $237 people to the outdoors, acquire land, • $80,000 for at least four grants to local units million the following biennium. create opportunities, maintain existing of government for veterans memorials in The federal government will pay 100 holdings and implement long-range plans; municipal parks that preserve the culture percent of the cost for adults without children and $7.6 million for grants to acquire, and heritage of Minnesota; (Art. 4, Sec. 2) who qualify through 2016. Beginning in develop, improve and restore parks and HF1183*/SF1051/CH137 2017, the federal government will gradually trails of regional or statewide significance reduce that support to 90 percent of the cost outside of the seven-county metro area; for 2020 and subsequent years. (Art. 3, Sec. 3) Game & Fish Huntley said expanding MA coverage • $33.7 million to the Metropolitan Council will result in less uncompensated care for parks and trails of regional or statewide and raise reimbursements to health care significance in the metropolitan area, License provisions changed for providers. When the uninsured are treated including a $6.4 million grant to the critically ill, disabled veterans in emergency rooms, hospitals either suffer a Minneapolis Park and Recreation Board Critically ill persons will be allowed, once financial loss or pass those costs onto insured for projects at Above the Falls Regional in a lifetime, to purchase hunting licenses patients. Park, Central Mississippi Riverfront otherwise limited by a lottery drawing — MA income limits for adults without Regional Park and Minneapolis Chain of including wild turkey, deer, bear, prairie children will change from 75 percent of the Lakes Regional Park; (Art. 3, Sec. 4) chicken and wolf — under a provision of the federal poverty level to 138 percent; MA • $11.2 million to the Minnesota Historical omnibus game and fish law. income limits for parents would expand from Society for history programs and projects When the law takes effect Aug. 1, 2013, 100 percent of the federal poverty level to 138 operated by or through local, county, it will also allow veterans with 100 percent percent, as well. regional or other historical or cultural permanently disabled status to receive a In addition to the newly eligible, thousands organizations to preserve significant permanent card allowing them to more easily of people currently enrolled in the state- historic and cultural resources. The obtain a hunting license, for deer or small offered MinnesotaCare health insurance funds are to be distributed through a game, free of charge. program are expected to shift to the expanded competitive-grant process; (Art. 4, Sec. 2) In addition, the law requires the DNR to MA program. The law transfers about

New Laws 2013 19 $63.6 million from the Health Care Access will represent varying levels of interest or The board will develop its rules to Fund to the General Fund in 2014-15 to cover involvement in health care issues; the seventh implement the new law. Between now and the cost of insuring some MinnesotaCare member will be the Department of Human Jan. 1, 2015, there is a special process. Under enrollees who are not eligible for the full Services commissioner or her appointee. this process, the board will publish notice federal funding under the Patient Protection Members are limited to two terms, except of the proposed rules in the State Register. and Affordable Care Act. the commissioner. Board members cannot Anyone who wants to comment on the HF9*/SF5/CH1 be employed by a health carrier and they proposed rules will have 21 days to comment. must recuse themselves if they have a Final rules will take effect upon publication conflict of interest. Members will be paid of notice of adoption in the State Register or Requirements eased for critical up to 25 percent of the governor’s salary 30 days after that publication, beginning Jan. access hospitals through 2015. Beginning Jan. 1, 2016, they 1, 2014. Beginning Jan. 1, 2015, the board Hospitals and other providers of will receive $55 per day plus expenses to is required to use an expedited rulemaking advanced diagnostic imaging services must attend quarterly meetings. They may rely on process. (Sec. 7) be accredited by one of three national advisory committees, whose members also MNsure is subject to data privacy accreditation organizations to be eligible for are entitled to recover expenses for attending provisions in Chapter 13 of state law. Data payment when they provide the service. meetings, but they are not paid the daily on participants in the exchange, be they Accreditation can be expensive, especially stipend. (Sec. 6) individuals or small businesses, is considered for about 50 small rural hospitals, according The board will hire staff and establish a private or non-public data. However, the to House members representing Greater budget. Within 180 days of being signed marketplace is allowed to share information Minnesota. A new law will permit payment into law, the marketplace must have bylaws, as authorized through state or federal law and for advanced diagnostic imaging services policies and procedures in place. with other state and federal agencies only at hospitals, even if the hospital is not Premium withholding taxes on policies to the extent necessary to verify a person’s accredited. They still will need to be licensed sold through the exchange will be the enrollment eligibility. by the Department of Health. primary funding source for the new agency. In light of recent breaches of privacy in Rep. Jay McNamar (DFL-Elbow Lake) Prior to January 2015, the marketplace will another state agency, lawmakers also require and Sen. (DFL-Twin Valley) retain up to 1.5 percent of premiums on all an audit trail be kept on those authorized to sponsor the new law that takes effect Aug. the health and dental care plans sold through collect, create and maintain private data. The 1, 2013. the exchange up to a $40.25 million cap. board can revoke an employee’s authority HF582*/SF493/CH8 (Sec. 6) if data is willfully shared or disseminated Minnesota Comprehensive Health against data privacy policies. Association, the state’s high-risk insurance MNsure is not permitted to sell data, Online service to aid consumers pool, will eventually be phased-out because private or otherwise, for any purpose, such seeking health insurance federal reforms no longer make the pool of as direct marketing lists, nor can it collect The Minnesota Insurance Marketplace, coverage necessary. MNsure must ensure information about whether a person owns a called MNsure, has been established to the least amount of disruption to MCHA gun or has one in their home. (Sec. 8) govern an online exchange where individuals enrollees as they transfer to health plans The new state agency will post its and small business employers can shop for offered through the exchange. (Sec. 15) administrative and operational expenses health care coverage. Depending upon a As the marketplace gets up and running in on a website for consumers. Annual budget person’s income, the insured may be eligible 2014-2015, the commissioner of Minnesota reports will be due to legislators and a new for premium tax credits and cost-sharing Management & Budget is authorized to loan Legislative Oversight Committee. The subsidies under the Patient Protection the marketplace up to $20 million if needed committee will consist of five appointed and Affordable Care Act. Enrollment is for cash flow. Any loan will need to be paid members from both the House and Senate; scheduled to open in Oct. 1, 2013, with back with interest by June 30, 2015. three majority party and two minority party coverage beginning Jan. 1, 2014. The board had until April 30, 2013, to members. (Sec. 10, 13) Rep. Joe Atkins (DFL-Inver Grove establish certification requirements for HF5*/SF1/CH9 Heights) and Sen. Tony Lourey (DFL- insurance producers (agents) who want to sell Kerrick) sponsor the law, effective March 21, plans in the exchange. Training is required of 2013 but has various implementation dates. the producers about the plans sold through Construction restrictions remain on A state agency, governed by a seven- the exchange, the available federal tax credits, radiation facilities member board, has been created to operate data privacy standards, and how to enroll. The moratorium on non-hospital radiation the exchange, including the state’s Medicaid Producers will be obliged to disclose certain therapy facilities, which was set to expire in program. The agency is expected to employ information to consumers about the policies the Twin Cities metropolitan area in 2014 more than 80 people with an annual cost of they sell and their qualifications. has been extended through 2020. $62 million. Board meetings must comply In addition, the board will establish policies In 2003, legislators put restrictions on with the open meeting law, with a few and procedures for insurance navigators, in- the construction of new radiation therapy common exceptions. (Sec. 5) person assisters and call centers. Training facilities, unless they are owned, operated Six of the seven appointments by the for these customer assistance workers must or controlled in partnership with a hospital. governor to the board must be approved by include information about privacy standards Then, in 2007, a moratorium on new facilities the House and Senate. These six appointees in handling sensitive or private information. was enacted, which would have expired on

20 New Laws 2013 Aug. 1, 2014. The new law extends that Disabilities Act,” Dorholt said. “Service families in narrowly defined circumstances. moratorium through Dec. 31, 2020. animals are defined as dogs that do tasks for The law can be applied only to children Rep. Kim Norton (DFL-Rochester) and people with disabilities … service animals are who are at least age 15 and have not been Sen. Jeff Hayden (DFL-Mpls) sponsor the working animals not pets.” adopted, among other conditions. Before law. Norton said the law is needed because The law, effective Aug. 1, 2013, also deletes families can reunite under the new process, current facilities are still operating under a provision that requires service animals to the relevant county attorney and social capacity. Also, there is a growing interest in be properly identified as being trained. This services agency have to agree that the move privately-run facilities owned by oncologists is generally done through papers that should is in the child’s best interest. Parents seeking who refer patients to facilities that the be carried by the animal’s owner. reunification have to show that they’ve fixed oncologist owns, giving them an unfair HF1811/SF1086*/CH14 the problems that led to their loss of rights advantage over hospitals, she said. and can take care of their children. Effective Aug. 1, 2013, the new law also HF704/SF422*/CH30 lengthens the radius of how close new More training for paramedics facilities can be to existing ones, from seven required to 15 miles. In addition to existing certification Consensus on revised nursing HF164*/SF118/CH11 requirements, community paramedics will definitions need to take an additional 12 hours of study Definitions within the existing Nurse in clinical topics in order to renew or earn Practice Act will be updated. Advanced EMT added as permitted their certification, effective Aug. 1, 2013. Rep. Patti Fritz (DFL-Faribault) and ambulance staff The ambulance service medical director Sen. Chris Eaton (DFL-Brooklyn Center) Minnesota law requires an advanced life- must approve the clinical topics to be studied. sponsor the technical law, which defines the support ambulance to be staffed by at least Rep. Dan Schoen (DFL-St. Paul Park) and roles of registered nurses and “unlicensed one emergency medical technician and one Sen. (R-Fairmont) sponsor the assistive personnel” in the practice of paramedic. Effective Aug. 1, 2013, advanced new law. Schoen described the need for the nursing. emergency medical technicians will be a law as an oversight in previous legislation and More than 30 meetings were held to arrive new certification level allowed to serve as said it will ensure community paramedics at a consensus about the revised definitions, advanced life support ambulance staff. receive continuing education. according to Fritz. She said the work was Advanced EMTs are allowed to treat HF75*/SF39/CH18 important in order to more effectively utilize patients with epinephrine, nitroglycerin, every member of a patient’s care team. The aspirin, and nebulizer treatments. law takes effect Aug. 1, 2013. Advanced EMTs will be required to Tribal agency social workers to have Definitions in law are given to assignment, complete education requirements, overseen licensure eligibility delegation, intervention, monitoring, by the Emergency Medical Services Social workers who work for a tribal patient, the practice of practical nursing, the Regulatory Board. The law also allows the agency, and who were exempt from licensure, practice of professional nursing, supervision, board to begin receiving inspection files may voluntarily apply for a license if they and unlicensed assistive personnel. electronically. meet the criteria. The definition of a “nursing assistant” Rep. Dan Schoen (DFL-St. Paul Park) and Rep. Susan Allen (DFL-Mpls) and Sen. is repealed and replaced in statute as “an Sen. Melissa Wiklund (DFL-Bloomington) John Hoffman (DFL-Champlin) sponsor unlicensed assistive person,” which is defined sponsor the new law, which conforms the law, which fixes an omission of tribal as any unlicensed person to whom nursing to national standards and renames the agencies in previous legislation regarding tasks or activities may be delegated or Emergency Medical Technician Intermediate the licensure of social workers. The law is assigned, as approved by the Board of as an AEMT. effective Aug. 1, 2013. Nursing. HF201/SF166*/CH13 HF1210/SF953*/CH25 Also repealed is a former definition for “monitoring” and one for “supervision.” HF1124/SF1016*/CH31 Service animals clarified as dogs Law creates pathway for parents, Service animals help people with children to reunite disabilities navigate through their day-to- A new law that takes effect on Aug. 1, Home sellers must disclose day activities. Under current law, it is an 2013, will create a way for some teenagers to radon gas testing unfair discriminatory practice to prohibit reunite with parents whose rights had been Requiring home sellers to disclose radon these animals from being in a public place. terminated. testing and penalizing unlicensed tattoo Sponsored by Rep. Zachary Dorholt The Family Reunification Act lays out a artists are two of the major provisions (DFL-St. Cloud) and Sen. Bobby Joe legal process that doesn’t currently exist in contained in the Department of Health Champion (DFL-Mpls), a new law will Minnesota. Rep. Debra Hilstrom (DFL- omnibus policy law. amend state statute regarding these animals Brooklyn Center), who sponsors the law Rep. Carolyn Laine (DFL-Columbia and bring the state in line with the federal with Sen. Kathy Sheran (DFL-Mankato), Heights) and Sen. (DFL- Americans with Disabilities Act. said after years of work, she and others Roseville) sponsor the law. “It helps clarify the definition of service who crafted the law reached consensus Radon is the second leading cause of animal as defined by the Americans with on its language, which applies only to lung cancer. One in three Minnesota

New Laws 2013 21 homes pose a risk from radon, said Laine, Medical Practice Act modified Hospital nursing ratios will require who said the law will not mandate testing The Board of Medical Practice licenses monitoring or mitigation. Rather, a Department of medical professionals and oversees Hospitals will be required to file a staffing Health radon awareness brochure will be complaints filed about physicians. It is plan for each patient care unit with the given to the 40,000 annual home buyers governed by the Medical Practice Act, which Minnesota Hospital Association, under a across the state at the point of sale. If the will be modified under a new law, resulting new law effective July 1, 2013. seller has knowledge of radon in the home, from a study of the Medical Practice Act in Rep. Joe Atkins (DFL-Inver Grove that information must be disclosed to the order to ensure continuous improvement. Heights) and Sen. Jeff Hayden (DFL- buyer. The so-called “Radon Awareness Act” Rep. Susan Allen (DFL-Mpls) and Sen. Mpls) sponsor the law, which will enable also requires the seller to hand over records Melissa Wiklund (DFL-Bloomington) a Department of Health working group pertaining to radon testing or mitigation of sponsor the law, which takes effect Aug. 1, to study whether nurse staffing levels have the residence, if available. 2013. any effect on patient health outcomes. The Effective Jan. 1, 2014, this provision of the Clarifying changes are the result of a group must submit a report to the chairs and law includes a few exclusions to the disclosure 2012 board review by the Sunset Advisory ranking minority members of the health and requirement, such as property transferred Commission, which recommended the human services committees in the House of due to divorce, foreclosure, death of a family study. Representatives and the Senate by Jan. 15, member or when no money is transferred. One change includes adding the National 2015. Board of Osteopathic Examiners to a list of The law requires the chief nursing executive Miscellaneous provisions exams required for licensure and requires a of each licensed hospital to develop a staffing Several miscellaneous health provisions are person taking the College of Osteopathic plan for each care unit. The plan needs also contained in the new law. Effective Aug. Medical Licensure Exam to pass all steps to specify how many full-time nurses are 1, 2013, they include: within six attempts. The law also clarifies needed on the unit during a 24-hour period. • making it a gross misdemeanor for tattoo provisions regarding the health professional Hospitals must submit their plans to the artists who practice their craft without a services program and oversight of the Board association by Jan. 1, 2014. The association license. The penalties are intended to deter of Medical Practice. will then post the plans on its Minnesota unsafe practices. Along with other written HF1115/SF825*/CH44 Hospital Quality Report website by April instructions, tattoo artists must advise the 1, 2014. client on the difference between normal In addition, the hospital association will skin or tissue irritation and infection; Laws separated that govern two civil be required to post the actual direct patient • requiring student loan forgiveness recipients commitment categories care hours per patient and per unit beginning to provide the Health Department with Minnesota’s civil commitment laws July 1, 2014, and update it every 30 days. A confirmation, rather than an affidavit, that regarding people who are mentally ill and Department of Health working group must they meet program requirements; dangerous were under the same chapter submit a study to legislators comparing nurse • requiring nursing homes, home care of law as people who are committed sex staffing levels and patient health outcomes. providers, supervised living facilities, offenders. At the urging of the legislative The department was appropriated $187,000 boarding care homes, hospice and auditor and as instructed by 2011 legislation, in fiscal year 2014 and $65,000 in fiscal year outpatient surgical centers to create and the Department of Human Services and the 2015 from the General Fund to complete the maintain a tuberculosis prevention and revisor of statutes worked to separate those nurse staffing study. control program; two categories of civil commitment. Supporters, including the Minnesota • requiring department investigators in a The result is a technical law sponsored by Nurses Association, said it will stop over- vulnerable adult complaint to interview Rep. (DFL-Rochester) and scheduling and improve patient care. at least one family member, unless the Sen. Kathy Sheran (DFL-Mankato) that Opponents said it could lay a foundation vulnerable adult is directing his or her creates a new chapter in statute pertaining for mandatory staffing levels which would own care; to sex offenders. take away a hospital’s managerial rights, • allowing occupational therapy assistants to The legislation made no substantive which the Minnesota Hospital Association, deliver certain therapies, such as electrical changes to the laws themselves; rather, it The Long-Term Care Imperative and the nerve stimulation and ultrasound, if the creates section 253D in statute where laws Minnesota Business Partnership opposed. assistant has received training in the use governing sex offenders are now located. HF588*/SF471/CH51 of such therapies; and Additionally, references to a “patient” • permitting the department to conduct were changed to a “committed person,” criminal background studies on volunteers and if a committed person is placed on Drug protocol changes aim to help registered in the Minnesota Responds administrative restrictions, such as isolation, streamline procedures Medical Reserve Corp. the reason for the restriction must now be A new law will allow licensed dietitians HF662/SF887*/CH43 documented in the person’s medical record. and licensed nutritionists, under a written HF947*/SF490/CH49 protocol with a licensed practitioner, to prescribe or administer a legend drug to a patient, under certain conditions. Rep. Diane Loeffler (DFL-Mpls) and Sen. Chris Eaton (DFL-Brooklyn Center)

22 New Laws 2013 sponsor the law, effective Aug. 1, 2013. Rep. Zachary Dorholt (DFL-St. Cloud) Continuing care provisions provide Loeffler said dietitians and nutritionists and Sen. Chris Eaton (DFL-Brooklyn further protections often work with patients to help them Center) sponsor a new law that will enable The Olmstead Supreme Court Decision manage diseases, such as diabetes, and it was the Department of Human Services to of 1999 interpreted the Americans with an oversight not to have included them in share the names of the individuals with Disabilities Act to mean that people with previous authorizing legislation. Remembering with Dignity, a coalition disabilities have a right to receive care in the The law adds that a licensed practitioner of disability rights organizations, who are most integrated setting appropriate for their may establish a prescription protocol with replacing numerical markers with more needs. licensed dietitians or licensed nutritionists. respectful ones that honor each individual. To prepare for complying with that Current licensed practitioners with Also, insensitive language was repealed in decision, Minnesota formed the Olmstead the authority to administer or prescribe law and replaced with updated terminology, Planning Committee. However, only legend drugs include physicians, osteopaths, such as substituting the word “retarded” with four task forces within an agency can be dentists, optometrists, podiatrists and a “person with developmental disabilities.” compensated under state law, so as the veterinarians. Department of Human Services added task HF195*/SF431/CH55 Other provisions will: forces it included a caveat in a new law so that • repeal an outdated children’s mental health task forces mandated by court order are not service program for preschoolers because counted against the limit of task forces whose State bans formaldehyde in there are newer alternatives; members may be reimbursed for expenses. children’s lotions • expand the assessment period for children’s As department policies shift continuing- Formaldehyde will no longer be therapeutic services and supports from six care out of nursing homes to more integrated intentionally used as an ingredient in months to one year; settings, nursing homes are consolidating, children’s personal care products, such as • allow such an assessment to be completed reducing the number of beds available. That shampoos and lotions. A new law, effective by a mental health practitioner who is a has led to the need for some residents to May 14, 2013, unless otherwise noted, clinical trainee; and relocate when a nursing home closes. applies to products made for children • clarify that counties are responsible for Under a new law, when a nursing home younger than 8 years old. any charges not covered by other means resident is relocated, the nursing home Rep. (DFL-Bemidji) and Sen. when counties temporarily hold a person is responsible for taking inventory of the Ann Rest (DFL-New Hope) sponsor the law, in confinement for observation, evaluation person’s belongings and working with the which targets baby shampoos, bubble bath or treatment. resident’s family to move the person within and other lotions or gels applied to children. The law takes effect Aug. 1, 2013. the county or to a contiguous county. Pharmaceutical products and toys are not HF969*/SF1297/CH59 Previously, the law limited transfer to within included in the formaldehyde ban. 50 miles. The new law prohibits charging the Manufacturers and wholesalers who sell resident for relocation costs. children’s personal care products in the Replacing outdated terms in statute Rep. Will Morgan (DFL-Burnsville) and state must remove or replace the ingredient In an effort to update human services Sen. Kent Eken (DFL-Twin Valley) sponsor by Aug. 1, 2014. Retailers have until Aug. terms and to ensure consistency throughout the law that has various effective dates. 1, 2015, to remove the children’s products various chapters of law, Rep. Diane Loeffler The law also details other responsibilities containing formaldehyde from their store (DFL-Mpls) and Sen. Melissa Wiklund for ensuring a resident’s smooth transition to shelves. (DFL-Bloomington) sponsor a law that another facility and coordinating their care The law also regulates the use of other directs the revisor of statutes to delete with other local, state and federal agencies. chemicals that manufacturers may want to outdated language and replace it with current The owner of the closing facility use as a replacement ingredient. Effective custom and usage. will be required to provide relocating Aug. 1, 2013, manufacturers are prohibited Examples include changing “a person residents with up to three site visits to from replacing formaldehyde with a chemical determined to be mentally deficient” other facilities, as well as submitting status identified by state, federal or international with “a person with a mental illness or a reports the week following actual relocation. agencies as causing cancer, harming a fetus developmental disability.” Another phrase Communication includes submitting reports or child, or damaging the nervous system or will change to become more inclusive: to the Ombudsman for Long-term Care organs, and other toxic results. “hearing impaired students” are now and Ombudsman for Mental Health and HF458*/SF357/CH58 “students who are deaf, deafblind, or hard- Developmental Disabilities. of-hearing.” There are several other revisions, A $450 allowance of state and federal which will be completed as time and money funds toward the closure of each nursing Showing respect for people with allow. home bed is repealed under the law. mental illness The law is effective within the limits of When employed people with disabilities When people who lived in state institutions available appropriations. near retirement age, DHS will no longer died, they were buried there and their graves HF760*/SF655/CH62 be required to notify Medical Assistance marked with a number. A non-profit group enrollees prior to their 65th birthday about wants to replace the numerical grave markers the rules affecting their income, assets and with the deceased’s name, birth date and date consideration of their spouse’s income upon of death. reaching age 65.

New Laws 2013 23 As more residents are moved to, or stay Manufacturers and wholesalers will be Pending a recommendation from the task in, home settings, they may be eligible for prohibited from knowingly selling infant force, DHS asked for a one-year extension a personal care assistant to help with their formula, baby food or toddler food stored in before implementing a single administrative daily care. The law includes a provision so a container that contains intentionally added structure and delivery system for non- that clients may request a PCA of the same BPA, beginning Aug. 1, 2014. Manufacturers emergency medical transportation. A new gender and the PCA agency must make a will be restricted on the type of replacement law will give the parties until July 1, 2014, reasonable effort to fulfill that request. chemicals they can use, as well. rather than this summer, to implement When a person is undergoing a needs A replacement may not be used if it has changes to the transportation program. assessment to determine waiver or alternative been identified as being an agent that would Rep. Diane Loeffler (DFL-Mpls) and care eligibility, the person’s current service harm the normal development of a fetus or Sen. Melissa Wiklund (DFL-Bloomington) provider may submit a written report child or cause other developmental toxicity; sponsor the law. outlining their recommendations for the cause cancer, genetic or reproductive damage, The law also modifies special transportation client’s care. The report must be written disrupt the endocrine or hormone system, or requirements so that trips can’t exceed 30 by the direct service provider with at least damage the nervous or immune systems, or miles to a primary care provider or 60 miles 20 hours of service to the client. A copy must organs. to a specialist, unless the patient receives be provided to the client or the person’s legal HF459*/SF379/CH71 prior authorization. Under prior law, patients representative. Beginning Aug. 1, 2013 BPA banned were taken to the nearest appropriate Additional assessment provisions will containers of infant formula, baby food or provider. eliminate the need to file for an extension and toddler food stored in a container. will not require a secondary assessment to be Retailers need to remove baby food Other provisions in the law will: face-to-face by a worker who is determining containers containing bisphenol-A from • change the need for prior authorization a person’s eligibility for waiver services. If their store shelves by Aug. 1, 2015, according for certain medical treatment to a an assessment was completed more than 60 to a new law aimed at protecting children retrospective review; days before the waiver program start date, from toxic chemicals. • allow DHS to issue appeal determinations current law requires a secondary face-to-face Commonly referred to as BPA, electronically rather than by first-class interview. bisphenol-A is an organic compound found mail; and Counties will move to a standardized in the environment but is toxic in higher • enable DHS to expand prepaid Medical assessment tool which will allow access by concentrations. Rep. Joe Atkins (DFL-Inver Assistance programs, to include DHS. Grove Heights) and Sen. Katie Sieben (DFL- accountable care organizations that The law also requires DHS to request that Newport) sponsor the law. provide services to a specified patient the federal government allow Medicaid to Manufacturers and wholesalers will be population for an agreed-upon total cost cover the cost of long-term care consultation prohibited from knowingly selling infant of care. services provided by a contractor. And by formula, baby food or toddler food stored in HF820/SF654*/CH81 Feb. 1, 2014, DHS must develop a set of a container that contains intentionally added recommendations to increase opportunities BPA, beginning Aug. 1, 2014. Manufacturers for case management provider choices, to will be restricted on the type of replacement Physician assistant, advanced define the role of a case manager to avoid chemicals they can use, as well. practice registered nurse, duplication of services, to provide caseload A replacement may not be used if it has chiropractor and others allowed to guidelines, and to standardize case manager been identified as being an agent that would order therapeutic therapies standards, among other duties. harm the normal development of a fetus or Physicians are currently the only medical HF767*/SF459/CH63 child or cause other developmental toxicity; professionals who can authorize occupational cause cancer, genetic or reproductive damage, therapists to use certain therapies, such as disrupt the endocrine or hormone system, or electrical nerve stimulation, ultrasound, hot BPA banned from baby food damage the nervous or immune systems, or packs, cold packs and ice. containers organs. But waiting for a physician’s authorization Beginning Aug. 1, 2013 BPA banned HF459*/SF379/CH71 can delay therapy, according to occupational containers of infant formula, baby food or therapists, so a new law will enable licensed toddler food stored in a container. health care professionals acting within their Retailers need to remove baby food Non-emergency medical ride scope of practice to order the treatments. containers containing bisphenol-A from guidelines changed Effective Aug. 1, 2013, a physician’s assistant, their store shelves by Aug. 1, 2015, according Inefficiencies in the non-emergency advanced practice registered nurse, nurse to a new law aimed at protecting children medical transportation program were practitioner, chiropractor, podiatrist, from toxic chemicals. identified in a 2010 legislative auditor’s report. osteopaths and dentists will be allowed to Commonly referred to as BPA, Since 2011, the Department of Human order therapeutic treatments, known as bisphenol-A is an organic compound found Services and an advisory task force have been physical agent modalities or “pams.” in the environment but is toxic in higher working toward changing the program’s Rep. JoAnn Ward (DFL-Woodbury) concentrations. Rep. Joe Atkins (DFL-Inver structure from a dual administrative and sponsors the law with Sen. Jim Carlson Grove Heights) and Sen. Katie Sieben (DFL- delivery system to a single one, which was (DFL-Eagan). Newport) sponsor the law. required by legislation passed last year. HF215*/SF330/CH98

24 New Laws 2013 Cultural and Ethnic Communities reforming the payment method for health will be required before a day care provider Leadership Council created maintenance organization and hospital may wrap an infant tightly in a blanket The Department of Human Services will surcharges. simulating a womb environment. Swaddling establish an advisory council to advise the Other health care savings may be attributed can result in overheating or hip dysplasia, and commissioner on how to reduce racial and to recovering the state costs of inmates who infants can suffocate if the blanket covers ethnic disparities for accessing services, are admitted to the hospital. Currently paid their face or if they roll over, according to according to a new law that amends by the Department of Corrections, the costs testimony. department policies. of those eligible for Medical Assistance can Licensed day care providers also have Rep. John Benson (DFL-Minnetonka) and be decreased by a federal match. revised training requirements regarding Sen. Melisa Franzen (DFL-Edina) sponsor The state may also recoup some patient supervision and first aid for infants and the law, which creates the Cultural and transportation costs now that the children. Ethnic Communities Leadership Council. Department of Human Services will begin Newborns will now be tested for congenital The council, consisting of 15-25 members allowing clinics of multiple health care heart defects, along with other current appointed by the commissioner, will be services, such as dentistry or mental health testing requirements, and the screening fees charged with reviewing DHS policies for consults in conjunction with a doctor’s will increase from $106 to $145 to cover cost racial, ethnic, cultural, linguistic and tribal appointment, to bill Medical Assistance increases. disparities and providing an annual report when appointments are on the same day. Providers participating in the Parent regarding equitable delivery of services. Currently, a provider can only bill for one Aware accreditation program will be eligible Appointments must include representation or the other service per day, which triggers to receive higher reimbursement rates for from racial and ethnic minorities, tribal multiple patient transport on multiple children receiving assistance through the service providers, advocacy groups, human days, which inconveniences the patient and child care assistance programs if the provider services program participants, and members doubles transportation costs. achieves a three- or four-star Parent Aware of the faith community, as well as the HF1233*/SF1034/CH108 rating. majority chairs and minority lead of the During the previous biennium, child care human services legislative committees. The MinnesotaCare’s transition toward basic providers for those receiving state assistance council sunsets March 15, 2015. coverage saw a reduction in the number of days they In addition to creating the council, the The law begins aligning state laws to new could still be reimbursed for when the child law, effective Aug. 1, 2013, unless otherwise federal health care regulations and changes is absent. Reduced to 10 days, the number of noted: the MinnesotaCare program, a state program absent days allowed for reimbursement has • codifies the department’s current practices for low income residents who don’t qualify been restored to 25 days. regarding hearings; for Medicaid or Medicare, in order to receive Many DFLers heralded a change in • enables hearings to be conducted via federal funding as a basic health program. the way cash payments to Minnesota interactive video technology; Most notably, the $10,000 annual limit on Family Investment Program enrollees are • requires full-time human services judges to hospitalization for MinnesotaCare enrollees determined. Current cash amounts are based be licensed Minnesota attorneys, effective is repealed. on the number of family members at the July 1, 2013; Federal authority to operate time they enroll, but effective Jan. 1, 2015, • allows DHS to issue administrative MinnesotaCare is expiring and it will be payments will increase when the family subpoenas while administering its public another year before a basic health care benefit grows, such as the birth of a child or after an assistance compliance system; and plan could take its place, so the law attempts adoption. • makes technical changes, such as removing to bridge that gap by increasing Medical One in 88 children are diagnosed with obsolete language. Assistance income limits for children to 275 autism, and the new law will require large HF975*/SF872/CH107 percent of the federal poverty level, reducing employers (50 or more employees) who MinnesotaCare income limits, and directing purchase insurance through the fully-insured health care access funds to be used to pay for market to include autism spectrum disorder Health care services and wages will the cost of the MA expansion. (Art. 1) coverage in their policies, including the increase intensive Applied Behavior Analysis therapy. Although the health and human services Children and Families (Effective Jan. 1, 2014.) The benefit will also finance omnibus law reduces the health care A public policy debate over infant sleeping be available to a child who is enrolled in budget by $50 million over the next two positions resulted in changes to child care Medical Assistance and who has an autism years, it pays for increases in services and to licensing standards and practices. There are spectrum disorder diagnosis, as well as a state wages for some who recently have seen cuts 60,000 day care centers and 90,000 home- employee insurance program benefit. For to programs and paychecks. based child care providers in the state, which SEGIP, the benefit requirement is effective Rep. Thomas Huntley (DFL-Duluth) and have seen a rise in infant deaths related to Jan 1, 2016. Sen. Tony Lourey (DFL-Kerrick) sponsor the unsafe sleep positions. Babies should be The Northstar Care for Children program new legislation. placed in a crib on their backs, with nothing will be created to equalize reimbursement The spending cut is offset by an but a pacifier, unless the parent provides a rates for children requiring foster care, estimated $150 million savings through doctor’s note for an alternative sleep position, relative custody and adoption assistance. implementation of the federal Patient under the revised policy. Changes effective Jan. 1, 2015, under the Protection and Affordable Care Act and by Written consent from a parent or guardian new law, will create a more equitable payment

New Laws 2013 25 structure between foster care providers, Appropriations, under the new law, also state who make and sell drugs to pharmacies adoptive parents and relative caregivers in fund continued operation of the Intensive and hospitals. The new regulations are the order to encourage more permanent homes Residential Treatment Service program in result of a meningitis outbreak last year for children. A child under guardianship Willmar. caused by tainted steroids that sickened or who turns 18 and meets certain criteria will The law clarifies the use of patient restraints killed people in nine states. (Art. 10) be allowed to remain under guardianship and encourages a constructive response until age 21. (Art. 3, 7, 12, 17) rather than punitive response to behaviors. Reform DHS is directed to implement a pilot Some of the ongoing Reform 2020 Care provider pay increases program that addresses a continuum of health care reform measures fell into a set Nursing home and personal care attendants care for people with chemical dependency. of contingency proposals under the law. in home and community-based settings took The pilot projects are intended to improve Some will require federal approval before pay cuts in order to help balance the state the effectiveness and efficiency of services implementation, while others are based on budget during the last biennium. Under while reducing duplication of efforts and available appropriations. the new law, nursing homes will receive promoting scientifically supported practices. As the state moves people out of a 5 percent increase, with the majority By Jan. 15, 2014, a DHS report is due to institutional facilities and toward lower cost earmarked for employee pay raises. Personal legislators containing recommendations home- and community-based model for the care attendants and other various home by a stakeholder group regarding the civil elderly and disabled, the new law will require and community-based services will receive commitment of persons deemed mentally a study to determine what the capacity is in a 1 percent increase effective April 1, 2014, ill and dangerous. (Art. 4, 7, 8) local communities for this population. The with more available based on the quality of study, which is due the Legislature by Aug. service they provide. A pending 1.67 percent Sex trafficking prevention 15, 2015, will include strategies to increase decrease for intermediate care facilities for The Department of Health is directed home and community-based services in persons with developmental disabilities and to hire a director of child sex trafficking regions with critical access needs. various continuing care providers is repealed prevention. Besides advocacy at the state Some older adults could fall into a new by the new law. PCAs will now be referred to and federal level to improve funding, the classification of services called individual as Community First Services and Supports director’s role will involve police officer community living support. Case managers workers, or CFSS. training in new ways to work with these or care coordinators will develop individual Medical Assistance reimbursement rates children, shifting from treating the children ICLS plans with the client. for health care services provided by doctors, more as victims than offenders. dentists, and other health care providers, will also increase 3 to 5 percent. (Art. 6) Fraud prevention Health and Human Services The Office of Inspector General is a Stricter controls over dispensing Chemical and mental health relatively new office within DHS. The methadone Chemical and mental health initiatives new law grants the office more authority Methadone is an addictive drug prescribed include providing triage and hospital to investigate suspected fraud within the to treat heroin and other drug addictions, discharge specialists to assist people with child care assistance program and to create and is dispensed to people in treatment behavioral or mental illness and avert penalties for confirmed cases. and for take-home doses. However, some the need for more frequent and costly Agencies that provide personal care users have obtained more than they need hospitalizations. One example may include attendants to people on public assistance through multiple dispensers and then sell using teleconferences to consult with an may have to pay more for a surety bond. The the excess doses, according to Rep. Thomas individual to reduce or avoid emergency formula will change so that if the provider’s Huntley (DFL-Duluth) and Sen. Julie Rosen room visits, psychiatric hospitalizations, and Medicaid revenue in the previous calendar (R-Fairmont), who sponsor a new law aimed commitments to institutions due to crises year is up to and including $300,000, the at making this practice more difficult. episodes. performance bond cost will be People who purchase the drug illicitly from An innovative grant program that links $50,000. If the Medicaid revenue in patients have overdosed and died. There children’s mental health services to schools the previous year is above $300,000, the are 14 clinics in the state that dispense will expand so that more children can receive provider agency must purchase a $100,000 methadone, and most do a good job of services. The number of grants will double so performance bond. The performance bond controlling its prescriptive uses, Huntley children can get help in a familiar place and must be renewed annually. said. where supportive staff can help identify when Under the Home Health Care Bill of New restrictions will include random drug a need arises. Rights, the client may now be entitled to a testing and stricter criteria for take-home As children transition to adults, counties care attendant of the same gender, which is doses. that provide mental health services to young intended as a prevention tool for sexual abuse The new law is effective Aug. 1, 2013. adults ages 17-21 will be required to create and maltreatment. (Art. 5, 11, 12) When a physician issues a prescription for a transition plan with the individual that clients to take at home, it must be a client- includes the person’s continued housing, Tighter rein on drug manufacturers specific order. If the physician finds that the education, employment, treatment and The law sets policies and requirements of clinic did not administer or dispense the health insurance. drug manufacturers within and outside the drug appropriately, the physician will be

26 New Laws 2013 required to file a report with the Department Some of the updated services would programs, the capacity of its medical school, of Human Services, which licenses the clinic. include the use of autorefractors or other and its administrative costs. (Art. 1, Secs. 1-2, Clinics will be required to provide automated testing devices and prescribing 5; Art. 2, Secs. 3, 19, 27) educational materials to clients seeking ocular exercises or rehabilitative vision care. treatment for addiction. Each client enrolled HF607*/SF508/CH129 Minnesota State Colleges and Universities in a treatment program must undergo at least System eight random drug tests a year. MnSCU will get $1.2 billion in state Rather than receiving a full month’s Higher Education funding in the next biennium. The budget supply of methadone, patients in an opioid includes $78 million in new money to pay for treatment program will be allowed a single a two-year tuition freeze for undergraduates take-home dose for each day the clinic is After state cuts, higher education in degree-granting programs. It also includes closed and subject to approval by the clinic’s gets new money in 2013 an additional $17 million to retain faculty medical director, who must consider the After a long erosion of state funding for and staff, and $7 million for new instructional patient’s compliance with treatment and higher education, the 2013 Legislature and equipment. ability to properly store and ingest the drug Gov. Mark Dayton approved a budget that The state will release 5 percent of its fiscal at home. sends new money to the state’s public colleges year 2015 MnSCU appropriation when the In the case of patients prescribed take- and universities. system shows that it has met at least three home use of methadone hydrochloride, the The state will spend $2.8 billion on higher of five performance goals. One goal, for dosage is dependent upon their length of education over the next two fiscal years, example, calls for an increase of 4 percent in time in treatment. For example, during the an increase of $250 million. The capstone the number of graduates in 2013 as compared first 90 days, a patient must ingest all but of the plan is a two-year tuition freeze for to 2010. one dose per week under direct supervision. resident undergraduates at the University of MnSCU will have more detailed legislative Every three months, the take-home doses Minnesota and for all undergraduates at the reporting requirements. It will also convene increase until after one year, the patient is Minnesota State Colleges and Universities a summit to come up with a plan to increase allowed a maximum two-week supply of system. the number of mental health professionals in take-home medication. If after two years of Rep. Gene Pelowski Jr. (DFL-Winona) the workforce. Legislators expect a report on continuous treatment a patient is properly and Sen. Terri Bonoff (DFL-Minnetonka) the plan by Jan. 15, 2015. (Art. 1, Secs. 1-2, managing the take-home supply, they may sponsor the legislation that allocates state 4; Art. 2, Secs. 3, 28) be prescribed a one-month supply, but they money for higher education in fiscal years must make a monthly visit to the clinic. 2014 and 2015. State Grant Program A licensed clinic can make exceptions to Dayton line-item vetoed one small piece of The state will funnel an additional the new take-home dosage guidelines but the bill: $1.5 million for Teach for America. $75 million over two years into the state must conform to federal regulations. The If the Legislature wants to support such grant program, which offsets tuition for clinic will be subject to DHS monitoring. programs, the state should establish a formal low- and middle-income students. However, Also, there is a provision under the new grant program and allow all qualifying lawmakers also expect to see about $29 law to allow a clinic that is not the patient’s programs to apply for funding, he said. million in savings as a result of the MnSCU primary clinic to dispense a “guest dose” Unless otherwise noted in statute, the new freeze and an increase in federal Pell Grant when the person’s primary clinic is not open law takes effect on July 1, 2013. The following funding. and they are not yet eligible for take-home are among its key provisions: Some of the new spending on the grant medication. program is targeted to help part-time HF1117*/SF1077/CH113 University of Minnesota students at MnSCU. The new law also The state will spend $1.2 billion on the increases the annual state grant tuition university over the next two fiscal years. That cap to $13,000 from $10,488 for students Optometry definitions to match figure includes $42.6 million in new money in four-year programs. The annual living current practice for a two-year tuition freeze for resident and miscellaneous expense allowance will A new law updates the types of services undergraduates, and $35.7 million for the increase to $7,900 from $7,000. (Art. 1, Secs. defined in law that optometrists may provide, university’s MnDRIVE research initiative. 1-3; Art. 2, Secs. 1-4) enabling third-party reimbursement. The state will release 5 percent of its fiscal Optometrists are receiving payment year 2015 appropriation when the university rejections for some services they provide Prosperity Act shows that it has met at least three of five The new law extends resident tuition rates because current law does not include certain performance goals. One goal, for example, treatments under the definition of optometry. at the state’s public colleges and universities calls for an increase of 1 percent in the and access to state grants to some young A new law updates the types of services graduation rate, averaged over three years, defined in law that optometrists may provide, immigrants who lack lawful status. of low-income undergraduates at the Twin To qualify for in-state tuition and state enabling third-party reimbursement. Cities campus. Sponsored by Rep. Will Morgan (DFL- grants, those students must have attended The university will be subject to more high school in Minnesota for at least three Burnsville) and Sen. Melissa Wiklund detailed reporting requirements when it (DFL-Bloomington), the law is effective May years and graduated. If a process exists for asks the Legislature for funding. It must also them to do so, they must document with 25,2013. give reports to the Legislature on its STEM

New Laws 2013 27 their college that they’ve applied to gain legal affect the boundaries of the districts for the immigration status. They must also show Local Government Metropolitan Airports Commission, the that they’ve complied with selective service Parks and Open Space Commission, and the registration requirements. (Art. 4, Secs. 1-3) Local pension plan employees and Transportation Advisory Board. HF1692/SF1236*/CH99 officers will be required to report To ensure that each district represents misconduct roughly the same number of people, the A new law will require local pension plan Legislature must redraw the council’s district Housing employees and officers to report misconduct boundaries every 10 years, after each federal or unlawful use of public funds to law census. enforcement and the state auditor. The Met Council, which was created to Protecting tenants from eviction Sponsored by Rep. Debra Hilstrom (DFL- coordinate orderly growth of the seven- When a landlord knows that a property’s Brooklyn Center) and Sen. Alice Johnson county metro area, provides regional services contract for deed is being cancelled or that (DFL-Spring Lake Park), the law will give related to public transportation, wastewater the mortgage is entering foreclosure, the local pension plan employees and officers treatment and affordable housing. landlord is required to notify the tenants. the same duties currently required of local Rep. Mike Nelson (DFL-Brooklyn However there is no penalty for not doing so. government employees. Park) and Sen. Melissa Wiklund (DFL- A new law will add a $500 civil penalty The law is effective Aug. 1, 2013. Bloomington) sponsored the law. for landlords who violate the notification HF441/SF324*/CH35 HF1684/ SF1564*/CH66 requirement. Additionally, a tenant is no longer required to put a month’s rent in escrow if a hearing Process for choosing solid waste Design-build contracting process is scheduled for violations in a residential collectors to change amended by new law building and no rent is currently due. A new law will change the way cities and A new law modifies Hennepin County’s The new law repeals a Dec. 31, 2014, sunset towns provide for organized collection of design-build authority to match the clause regarding eviction proceedings and it solid waste. Minnesota Department of Transportation extends the time limit to file an appeal from In cities or towns that want to establish design-build procedures. 10 to 15 days. organized solid waste collection and that Effective Aug. 1, 2013, the law provides Rep. Susan Allen (DFL-Mpls) and Sen. have more than one licensed hauler, the that the selection of design-build contracts Bobby Joe Champion (DFL-Mpls) sponsor new law eliminates the 180-day process for be based on the price divided by a technical the law, which is effective Aug. 1, 2013. adopting organized collection, and replaces score, adjusted for a time factor value, if any HF829*/SF967/CH100 it with a 60-day negotiation period between (expressed as a value per day). a city and its licensed collectors. The award will go to the design-builder If the city does not meet an agreement with with the lowest adjusted score, and the Help for those facing foreclosures haulers during the 60 days, city officials will county may reject all proposals. It may reissue Several homeowners told lawmakers how have to establish a committee to evaluate a request for proposals if it rejects all the bids their mortgage lenders began to foreclose options and hold a public hearing before or does not execute a contract. on their homes while processing a loan implementing organized collection. The county is also required to award a modification request at the same time. Under Rep. Linda Slocum (DFL-Richfield), stipulated fee to each responsible proposer a new law, that practice of “dual tracking” who sponsors the law with Sen. John Marty whose proposal is not successful. This fee will be prohibited beginning Oct. 31, 2013. (DFL-Roseville), said that the law, effective cannot be less than two-tenths of 1 percent Rep. Melissa Hortman (DFL-Brooklyn May 8, 2013, is meant to streamline the of the county’s estimated costs of the project Park) and Sen. (DFL- process and make it less divisive. and allows it to use the ideas and information Mpls) sponsor the law, which is effective Aug. Other provisions in the bill will place a contained in the proposal. 1, 2013. time limit on the initial contract executed The law, sponsored by Rep. Mike Nelson The law applies to owner-occupied under the 60-day negotiation period of three (DFL-Brooklyn Park) and Sen. Chris Eaton residential property with no more than four to seven years. (DFL-Brooklyn Center), also reduces the family dwellings. It gives homeowners an HF128/SF510*/CH45 number of firms that will be on the list of opportunity for a loan modification if they qualified design-builders from a minimum are eligible and prohibits foreclosure while of three to two. they are going through the modification Met Council redistricting plan takes HF1510*/SF1351/CH97 process. If after 14 days of a modified loan effect being offered, the homeowner has not The Metropolitan Council has new district accepted the offer, and when any appeals have boundaries. Audit changes for relief associations expired, the foreclosure may commence. A redistricting plan that redraws the Met The threshold asset amount that requires a HF1377/SF1276*/CH115 Council’s 16 districts took effect May 17, salaried firefighters relief association, police 2013. relief association or volunteer firefighters Legislators considered several plans before relief association to perform an annual audit settling on MC2013-1A, the map endorsed will increase from $200,000 to $500,000. by the Met Council. The redrawn districts Effective Aug. 1, 2013, the law is sponsored

28 New Laws 2013 by Rep. Shannon Savick (DFL-Wells) and National Guard members abide by while initiates an emergency call, knowing that Sen. Dan Sparks (DFL-Austin). serving in state active military service. no emergency exists, and with the intent to HF853*/SF746/CH123 The law, sponsored by Rep. Jerry Newton disrupt, interfere with, or reduce the provision (DFL-Coon Rapids) and Sen. Kevin of emergency services or the emergency call Dahle (DFL-Northfield), will describe the center’s resources, remains silent or makes Disaster assistance match made process for administrative punishment by a abusive or harassing statements to the call available commanding officer for minor offenses and recipient.” Doing this a second time would Five southwestern Minnesota counties will clarify various other sections of law. result in a gross misdemeanor. Three or more were declared a major disaster area after a Supporters said the change is important infractions would be felonies. mid-April ice storm inflicted about $26 because service members have become It would also be a gross misdemeanor million in damage. accustomed to using the federal code on to report a fictitious emergency to prompt However, to receive the federal assistance federal deployments. an emergency response. If someone suffers tagged to the declaration, a local match was The law is effective Aug. 1, 2013. great bodily harm or is killed as a result of necessary. A new law appropriates $1.75 HF1138*/SF971/CH78 the response, the charge would be a felony. million from the General Fund for that The law takes effect Aug. 1, 2013. purpose. HF1043/SF1168*/CH20 Rep. (R-Luverne), who sponsors the law with Sen. Public Safety (R-Luverne), said that thousands of trees Integration of new emergency and power poles were destroyed leaving technology gets go-ahead mounds of debris in Rock, Nobles, Murray, The county where a victim resides A new law, effective Aug. 1, 2013, will Cottonwood and Jackson counties. The will become an eligible venue for allow the Statewide Radio Board to begin damage to public infrastructure totaled cases when a vulnerable adult is integrating some of the latest emergency about $6 million. financially exploited. communication technologies for 911 calls, The law makes the appropriation to the The county where a victim resides will wireless broadband and ARMER, a public commissioner of public safety in fiscal year become an eligible venue for cases when a safety radio system into the state’s emergency 2014, but the funds became available May vulnerable adult is financially exploited. communication system. 25, 2013. The money remains available for Currently, the criminal case must be tried Sponsored by Rep. Erik Simonson (DFL- use until June 30, 2016. in the county the offense was committed. Duluth) and Sen. Vicki Jensen (DFL- HF1832/SF1656*/CH141 Rep. Debra Hilstrom (DFL-Brooklyn Owatonna), the law will also allow the Center), who sponsors the law with Sen. Barb Statewide Radio Board to elect whether Goodwin (DFL-Columbia Heights), said to become the Statewide Emergency the vulnerable adult is sometimes moved to Communication Board. Military & Vet. Affairs another county and the law will ensure that The board, established by the Legislature prosecution can still occur. in 2004, takes input from seven regional The law takes effect Aug. 1, 2013. radio committees that use 911 and public American Indian veterans to get a The law will also allow such offenses to be radio systems, including the Minnesota memorial on Capitol grounds aggregated over a six-month period. Sheriff’s Association, police and fire chiefs A plaque honoring Minnesota’s American Supporters said the aggregation is needed to and ambulance commissioners, according Indian veterans will be placed among other demonstrate the extent of the crime because to Jackie Mines, director of the Division of veteran plaques in the Court of Honor on financial exploitation generally occurs over Emergency Communication Networks at the Capitol grounds. time, such as misuse of a vulnerable adult’s the Department of Public Safety. In addition to honoring veterans, the financial transaction card. She told a House committee earlier in plaque will promote a better understanding The Vulnerable Adults Justice Project session that the board has had success creating of American Indians’ involvement in brought forth the plan as a way for standards for the use of the emergency peacetime and wartime service. investigators and prosecutors to have the systems, but more work is needed. The Minnesota Indian Affairs Council proper tools to address such offense. The law also requires the board to study will absorb the memorial expenses. HF90*/ SF187/CH5 long-term funding strategies for statewide The new law, sponsored by Rep. John Persell public safety communications and report (DFL-Bemidji) and Sen. Rod Skoe (DFL- back to the Legislature by Jan. 15, 2014. Clearbrook), is effective April 25, 2013. New law to toughen penalties for HF669*/SF803/CH32 HF143*/SF87/CH22 fake 911 calls The list of acts that constitutes criminal conduct related to emergency telephone calls Crime victim rights changed, Military codes will change to align will expand. stalking language clarified with federal standards Sponsored by Rep. Steve Simon (DFL- Identifying information regarding a victim A new law will align Minnesota’s Code of Hopkins) and Sen. (DFL- or other person who seeks notification of a Military Justice to the federal code. Woodbury), the new law will make it defendant’s release from custody is one part The code is the legal system Minnesota a misdemeanor if someone “makes or of a new law.

New Laws 2013 29 Rep. Paul Rosenthal (DFL-Edina) and certain fees paid are for guardian ad litem Established in 2007, and administered Sen. Vicki Jensen (DFL-Owatonna) sponsor purposes; and strikes statutory language through the Office of the Secretary of the law that amends various crime victim referencing items decided at the board or State, the program has expanded to allow provisions, including the establishment of program level. participation by court prosecutors. a working group to study victim restitution HF440/SF834*/CH37 Under the program, participants use a post and clarify language on stalking. office box address, and mail is then forwarded Data collected for purposes of notifying through the Safe at Home program to the crime victims of an offender’s release from Domestic abuse changes signed into participant’s physical address. The law will custody and other changes in custody status law add greater assurance for anonymity. The will be made private, under the law. Four largely technical changes to domestic identity and location data of a program In addition to replacing the outdated term violence statutes have been signed into law. participant is classified as private data; “harassment” with “stalking” in specific parts Sponsored by Rep. Michael Paymar sharing or dissemination of that information of statute, the law will add stalking to the (DFL-St. Paul) and Sen. Vicki Jensen would be prohibited (with some exceptions) definition of a violent crime under statute (DFL-Owatonna), the new law will, in without the participant’s written consent. It that prohibits an employer from retaliating part, strike the word “knowingly” from will also clarify that program eligibility ends against an employee who takes reasonable provisions regarding enhanced penalties if the participant moves from the state. time off from work to attend criminal for violations of orders for protection, The law takes effect July 1, 2013. proceedings regarding the crime. harassment restraining orders and domestic HF580*/SF509/CH76 A restitution working group is to be abuse no contact orders. convened by the Department of Public A criminal charge enhancement can now Safety to review how restitution is requested, only occur if the defendant both knows Losing cash for prostitution offense ordered and collected in the state. A report is of the order and knowingly violates it. All A person engaging in a prostitution or sex due the Legislature by Jan. 15, 2015. Among penalty levels will have the same knowledge trafficking offense will lose more than just issues supporters would like to see addressed requirements with this change. their vehicle. are the inconsistency among counties and The law takes effect Aug. 1, 2013. Law enforcement can now take a motor judicial districts when a perpetrator fails to Brought forth by the Minnesota County vehicle used in a prostitution crime, including pay restitution, and the occasional confusion Attorney’s Association and the Minnesota solicitation or taking a prostitute back to a regarding which agencies should be involved Coalition for Battered Women, the law will motor vehicle to perform a sexual act. in the process meaning there can be a lack of also: A new law, sponsored by Rep. Debra communication with the victim. • add location where a call or electronic Hilstrom (DFL-Brooklyn Center) and Sen. The law takes effect Aug. 1, 2013. communication is made or received as a Barb Goodwin (DFL-Columbia Heights), HF1051/SF769*/CH34 venue for prosecution of a violation for will allow law enforcement to also confiscate an order for protection or domestic no the perpetrator’s cash. It takes effect Aug. 1, contact order; 2013. Governor signs Guardian Ad Litem • clarifiy that violations of protective orders Under the law, forfeited funds would be Board changes qualify as conduct that can be used as distributed as follows: The State Guardian Ad Litem Board was evidence when prosecuting domestic • 40 percent to the local law enforcement transitioned in 2010 from the state court assault cases; and agency; system to an independent board. • strike the requirement that a misdemeanor • 40 percent to the Department of Public A new law will make a few technical domestic assault can only be enhanced to a Safety to be distributed in the safe harbor tweaks. It takes effect Aug. 1, 2013. gross misdemeanor if a previous qualified for youth account for distribution to crime Sponsored by Rep. Debra Hilstrom (DFL- domestic violence-related offense was victim services organizations that provide Brooklyn Center) and Sen. Ron Latz (DFL- “against a family or household member.” services to sexually exploited youth; and St. Louis Park), the new law will, among HF1400*/SF1423/CH47 • 20 percent to the prosecuting authority. other things, change the way the board chair HF411/SF346*/CH80 is selected. When originally drafted, the legislation Victim protection program expands called for four board members to be to family members Public safety/judiciary law includes appointed by the governor and three by the The Safe at Home address confidentiality more than $100 million in new Supreme Court. The chair is then appointed program is in place to help survivors of funding by the Supreme Court among the governor’s domestic violence, sexual assault, stalking or Corrections Department personnel appointees. The law will allow for board others who fear for their safety to maintain to see pay raise of 2 percent per year — members to select a chair from all members, a confidential address. approximately $30 million of the new similar to how the Board of Public Defense A new law, sponsored by Rep. Steve Simon funding. selects its chair. (DFL-Hopkins) and Sen. Barb Goodwin More than $100 million in new funding will A guardian ad litem advocates for a child (DFL-Columbia Heights), will expand be directed to the state’s judiciary and public whose welfare is a matter of concern for a protection to family members living in the safety areas. juvenile or family court. same household of the participant, if they Sponsored by Rep. Michael Paymar (DFL- Other changes include; clarifying that fear for the safety of themselves and children. St. Paul) and Sen. Ron Latz (DFL-St. Louis

30 New Laws 2013 Park), the $2.09 billion law — nearly $1.94 for major disciplinary actions undertaken execution of the sentence may be imposed billion from the General Fund — is nearly by the board;” and if the court finds the offender amenable $103 million over base. More than $52 • $133,000 to the Uniform Laws Commission to inpatient sex offender treatment and million in new money is for the judiciary and for a base increase and paying some imposes local jail time and a requirement of $50.5 million is for public safety purposes. outstanding dues. (Art. 1, Secs. 3, 8-9) completing inpatient treatment as conditions The law takes effect July 1, 2013, unless of the offender’s probation. (Art. 1, Secs. 12, otherwise noted. Corrections 16; Art. 3, Secs. 3, 10, 13) HF724/SF671*/CH86 Salary adjustments for Corrections Department personnel of 2 percent per year, Public Safety Judiciary something agreed to between Gov. Mark Within the $319 million for the For Supreme Court, Court of Appeals Dayton and the department, will comprise Department of Public Safety budget is and District Court judges, the law contains approximately $30 million of new funding. $860,000 in new money to restart the a 4 percent salary increase in fiscal year 2014 This will avoid any layoffs and ensure that Minnesota School Safety Center, a law and 3 percent in fiscal year 2015; however, 1 the institutions are safe. enforcement-centered program that helps percent the first year will be for their share Also in the law is an additional $2.6 million provide technical assistance and planning of increased pension costs. (Art. 1, Secs. 3-5, for additional sex offender or chemical for schools to assess threats, hazards and 7; Art. 3, Sec. 12) dependency treatment. The money is from a vulnerabilities and conduct exercises. The An additional $875,000 per year will go transfer from the department’s MINNCOR center previously existed thanks to a federal toward specialty courts; an amount that program, where inmates produce goods and grant, but when that money ran out the supporters believe will enable all current services used by the department or sold. A state opted not to fund the center. Reports courts to be retained and will allow for two report on the spending, including amounts will be due the Legislature on the program’s additional courts to be expanded. Specialty spent in each area, will be due the Legislature. effectiveness by Jan. 15, 2014, and one year courts include veteran’s court, drug courts, Paymar noted that 95 percent of later. DWI court and domestic abuse court. Often incarcerated sex offenders would eventually To fund a replacement of the state’s referred to as problem-solving courts, they be released; however, only about 30 percent antiquated criminal history and crime are designed to help individuals turn their of them get any treatment while incarcerated. reporting systems, the law will provide lives around and reduce future costs to the Because of the federal Affordable Care about $8.4 million in new money. The law criminal justice system. (Art. 1, Sec. 5) Act, Paymar said there are some “significant also appropriates$699,000 for Livescan The tax courts will receive $161,000 each savings” in health care due to Medical fingerprinting machine maintenance. year for two new law clerks, legal education Assistance costs that will be covered by The law provides $800,000 to hire two and Westlaw costs. The latter is an online the federal government. Those savings to additional drug chemists and two additional legal research service for legal and law related the state will primarily be used to fund toxicologists at the Bureau of Criminal materials and services. (Art. 1, Sec. 7) additional officers in community corrections Apprehension’s forensic laboratory to There are 19 judges on the state Court of as well as county probation officers. help with the backlog of evidence testing, Appeals; however, not all reside within an In each fiscal year, $350,000 of the savings and $500,000 to replace some outdated hour’s drive of their permanent chambers will also be used to fund the Safe Harbor equipment. in St. Paul. Included in the law is a provision Project, which will enable Ramsey County An additional $3 million will be that will provide for reimbursement of to develop a statewide model protocol for appropriated for crime victim assistance housing and mileage expenses for judges law enforcement, prosecutors and others on grants that go to programs such as battered whose permanent place of residence is more identifying and intervening with sexually women’s shelters or sexual assault services; than 50 miles from chambers. This section exploited and trafficked youth. The county $2 million in additional funding will be takes effect July 1, 2014, and will sunset June currently has such a program. used for youth intervention programs; and 30, 2019. (Art. 3, Sec. 9) Conditional release may be granted to a $200,000 will go toward a community A $2 court technology fee increase on a nonviolent controlled substance offender if offender re-entry program in and around limited number of court filings is in the final the offender, in part, committed the crime as Duluth. The law also provides $100,000 each product. It will go into a special revenue fund a result of a controlled substance addiction, for a juvenile detention alternative initiative for technology grants, including e-discovery has served the lesser of at least 36 months and to train community safety personnel and e-filing across the state. Applicants may or half their term of imprisonment and about the use of de-escalation strategies for include the state courts and their justice completed substance abuse treatment while handling returning veterans in crisis. partners. This is expected to generate $1.6 incarcerated. Funding is included for the Department million in the biennium. The increase is A presumptive mandatory three-year of Human Rights to add two full-time capped at five years. (Art. 3, Sec. 6) minimum sentence for certain repeat sex equivalent positions to its compliance staff at Other funding in the law includes: offenders is created by the law. A person a biennial cost of $258,000. The fee for the • $2.5 million for Civil Legal Services to help convicted of first- through fourth-degree department to certify a business will double with caseload reductions; criminal sexual conduct or criminal sexual from $75 to $150; however, the certification • $300,000 for the Board of Judicial predatory conduct within 15 years of a prior process will take place every four years Standards is for deficiencies occurring in sex offense conviction will receive the three- instead of two to make the change revenue fiscal year 2013, and $125,000 each year is year sentence unless a longer mandatory neutral. (Art. 1, Sec. 12; Art. 3, Sec. 7) for “special investigative and hearing costs minimum sentence applies. A stay of

New Laws 2013 31 Firearms background checks, civil commitment The fee for the background study is $50 contacts a 911 operator to report that the and felony records for someone who has lived in Minnesota for person or another person is in need of A new policy piece in the law relates to data the past 10 years; $100 for someone who has medical assistance for an immediate health collection of civil commitment records. not. (Art. 2) or safety concern, provided that the person Since 1994, all records of people who who initiates contact is the first person to have been civilly committed and found to make a report, provides a name and contact be either mentally ill or dangerous did not Concurrently vs. consecutively information, remains on the scene until make it to the National Instant Criminal clarification sought assistance arrives and cooperates with the Background Check. People sent to prison serve two-thirds of authorities at the scene.” The law funds the project with $1.05 their sentence behind bars and one-third The person receiving medical attention million to ensure that information on on supervised release. Certain predatory will also not be charged with underage everyone who has been found to be civilly offenders receive an additional time of drinking; nor will one or two persons acting committed makes it to the database so community supervision, called conditional in concert with the caller provided they that accurate data is there when people release. provide contact information and cooperate run background checks for the purposes When conditional release language for at the scene. of getting a gun. If a person’s rights have sex offenders was initially passed by the The law takes effect Aug. 1, 2013. been restored, that information will also be Legislature, the intent was for supervised “This (law) tells young people that when transmitted to the federal system. release periods and conditional release they or a friend get into trouble, that we care It is estimated that approximately 67,000 periods to run concurrently. more about their life and their health than we cases will need to be reviewed, scanned and Rep. Sheldon Johnson (DFL-St. Paul) do about any punishment they might incur entered into the NICS database system. A and Sen. Barb Goodwin (DFL-Columbia because of that drinking,” Liebling said. July 1, 2014, deadline has been established Heights) sponsor a new law that aims to The law does not protect underage drinkers for courts and criminal justice agencies clear up any confusion on the timing of from other alcohol-related charges, such as to enter data on civil commitments from conditional and supervised release terms for drunken driving. Jan, 1, 1994, to Sept. 28, 2010, and felony sex offenders stemming from a 2010 court HF946*/SF744/CH112 convictions from 2008 to 2012 if those ruling. records have not already been submitted to Johnson said community corrections the appropriate searchable databases. officials brought forth the legislation after Public transit operators to get added The law also requires timely reporting the court ruling that interpreted current protection of the gross misdemeanor disqualifying law in a manner that created a loophole for A stronger tool is on the way to help law offenses to the background check system. certain sex offenders who violate conditions enforcement officials better protect operators Currently, under Minnesota law there are of release. The loophole resulted in some of some public buses and light rail lines. some gross misdemeanor offenses that make serious sex offenders receiving minimal Sponsored by Rep. Debra Hilstrom folks ineligible to possess a firearm. (Art. 4) consequences for their violations. (DFL-Brooklyn Center) and Sen. Chuck Thecourt indicated that current law states Wiger (DFL-Maplewood), a new law will Guardians and conservators that the two release periods are to be served add Metro Transit and other public transit Expanded background checks for guardian consecutively, which is inconsistent with past operators to the list of protected occupations ad litems and conservators are also part of practice, Johnson said. and individuals under the fourth-degree the law. The goal is to protect clients from Supporters said by specifying that an assault statute. potential unscrupulous activity. offender’s conditional release term begins Effective Aug. 1, 2013, it will be a gross The law, in part, increases the frequency when the offender is released from prison, misdemeanor to either assault a transit of background checks from five years to two the law will empower the commissioner of operator or intentionally throw or transfer and expands the reporting requirements for corrections to detain the offender for up bodily fluids onto them if the transit operator guardians and conservators relating to their to the full conditional release period if he is operating, aboard or otherwise responsible criminal, civil and financial histories. violates his terms of release. for a transit vehicle. For example, the law expands information HF790*/SF668/CH96 Supporters told a House committee about required in a guardianship petition to bus drivers being spit on by unruly passengers include: if someone has been previously or having things thrown at them. Concern removed from serving as a guardian or Helping intoxicated underage was also expressed about a driver losing conservator; negative action related to a drinkers do the right thing control of a multi-ton bus during an assault professional license; civil actions against Underage drinkers looking out for their and potentially injuring passengers and them, including fraud, misrepresentation, health or that of a friend will be able to avoid anyone driving or walking near the bus. harassment restraining orders and orders a minor consumption ticket. Metro Transit Police Chief John for protection; bankruptcy filings; civil Sponsored by Rep. Tina Liebling (DFL- Harrington said there were 129 assaults on monetary judgments against the petitioner; Rochester) and Sen. Barb Goodwin (DFL- Metro Transit drivers in 2012 and 43 arrests and other criminal convictions. The law also Columbia Heights), a new law provides were made. provides the courts with increased access that a person under age 21 who consumes HF590*/SF1068/CH133 to licensing information on proposed and or possesses an alcoholic beverage will not current guardians and conservators. be subject to prosecution “if the person

32 New Laws 2013 Harsher wildfire arson penalties materials published by the revisor, including through education. The law is effective April enacted the state constitution, state session laws, 30, 2013. An April 2009 fire set by a Forest Lake codified laws and agency regulations. The Supporters said that April has been a very firefighter burned 2,637 acres in and around law, effective Jan. 1, 2015, is sponsored by decisive month concerning genocide. It is the Carlos Avery Wildlife Management Rep. Melissa Hortman (DFL-Brooklyn the month that the anti-Jewish laws were Area, threatening nearly 150 homes on that Park) and Sen. Ron Latz (DFL-St. Louis implemented in Germany, the Cambodian dry and windy day. Park). Genocide began and an arrest warrant was More than 120 apparatus from 31 Known as the Uniform Electronic issued for Sudanese President Omar al- departments were needed to extinguish the Material Act, the new process: Bashir after six years of genocide in Darfur. blaze. In excess of 250 people fought the fire. • requires publishers of official electronic HF414/SF359*/CH26 Because no building was damaged, the materials to authenticate the record, culprit could only be sentenced to probation. designate it as official, preserve and secure Sponsored by Rep. Brian Johnson the record, and ensure that it is available State Council on Disability to reduce (R-Cambridge) and Sen. Sean Nienow for public use; membership (R-Cambridge), a new law, effective Aug. 1, • allows an official publisher to also publish A new law, effective Aug. 1, 2013, will 2013, will increase the felony penalties for materials in a non-electronic format and reduce the number of members on the wildfire arson based on certain damages: the publisher may still designate the Minnesota State Council on Disability after • if a fire threatens to damage or damages electronic record as official if the publisher a request from its executive director. in excess of five buildings or dwellings, complies with the other provisions of the Established in 1973, the council advises the burns 500 or more acres or results in at law; governor, state agencies, Legislature and least $100,000 in crop damage the arsonist • requires the publisher to preserve and public on disability issues, according to its could receive up to 10 years imprisonment secure the record either in an electronic website. and/or a $15,000 fine; or alternative format; and Sponsored by Rep. Tina Liebling (DFL- • when the numbers are increased to • if it is preserved in an electronic format then Rochester) and Sen. Melissa Wiklund 100 buildings or dwellings, 1,500-plus the publisher must ensure the integrity of (DFL-Bloomington), the law will reduce the acres and $250,000 in crop damage, the record, provide for backup and disaster council from 21 to 17 members. the maximum penalty will be 20 years recovery of the record, and ensure that the HF543/SF442*/CH29 imprisonment and/or a $25,000 fine; and material can be used. • if the fire causes another person to suffer HF278*/ SF157/CH7 demonstrable bodily harm, the maximum New law seeks more open bidding penalty will be 10 years imprisonment process and/or a $15,000 fine. Water supply advisory group to keep Local governments will be able to advertise HF228*/SF614/CH139 working bids for public improvement projects in a The Metropolitan Area Water Supply recognized industry trade journal instead of Advisory Committee will continue its the official newspaper, if the project is over State Government mission until December 2016. $100,000, when a new law takes effect Aug. Sponsored by Rep. Peter Fischer (DFL- 1, 2013. Maplewood) and Sen. Bev Scalze (DFL- The law defines trade journals as printed or Ensuring safe storage, while Little Canada), the advisory committee was digital publications or websites that contain providing for public access, has been to have ended in December 2012. But with building or construction news of interest a concern to the gatekeepers of the growing water supply concerns impacting to contractors, or that publish projects for state’s most important documents. the state, supporters said that an advisory bidding and review by contractors, and The Legislature produces volumes of committee advising water supply planning others, in their regular course of business. documents every year, leaving a long paper is important. Supporters believe the new law, sponsored trail for researchers, historians and anyone The new law is effective retroactive to Dec. by Rep. Mike Nelson (DFL-Brooklyn Park) else seeking to understand the state’s laws. 31, 2012. and Sen. Bev Scalze (DFL-Little Canada), Ensuring safe storage, while providing for HF834*/SF515/CH19 will save local governments money by public access, has been a concern to the allowing them to advertise bids on websites gatekeepers of the state’s most important free of charge, rather than buying space in a documents. April designated as Genocide newspaper. For Minnesota, that job falls with the Awareness and Prevention Month HF1196/SF843*/CH46 Office of the Revisor of Statutes. But in A new law will require the state to make this digital age, there is another challenge: more efforts to educate and spread awareness How does a reader know that a government about genocide. Adult learner program to be document posted on the web is authentic, Sponsored by Rep. represented on governor’s council and, in turn, how does the revisor assure the (DFL-Mpls) and Senate President Sandy A representative from Adult Basic authentication? Pappas (DFL-St. Paul), the law declares Education will be added to the Governor’s A new law will provide a process for April as Genocide Awareness and Prevention Workforce Development Council when a authentication of official electronic legal Month and requires prevention measures new law takes effect Aug. 1, 2013.

New Laws 2013 33 The GWCD works to strengthen the The law is effective Aug. 1, 2013. Changes made Met Council’s state’s workforce. Its mission is to analyze HF1182/SF1307*/CH72 wastewater services law and recommend development policies to Technical changes have been made to the lawmakers that ensure a globally competitive Metropolitan Council’s wastewater services workforce for Minnesota. Enhanced protection afforded state enabling law. Sponsored by Rep. (R-Prior employee ‘whistleblowers’ Effective May 25, 2013, a new law strikes Lake) and Sen. Foung Hawj (DFL-St. Paul), New criteria has been added to the state’s the words “target pollution loads” from the the new law will give ABE a seat on the “whistleblower” law creating an expectation council’s water resources plan and removes 31-member council for the first time. that classified state employees who share obsolete references that refer to a waste ABE is administered through the information and provide assistance to control commission abolished in 1994, and Department of Education and provides legislators in a manner consistent with their the sewer board that predated it. instruction to adult learners in areas such duties can do so without fear of retaliation Sponsored by Rep. (DFL- as GED and English as a Second Language or disciplinary action. Shoreview) and Sen. Bev Scalze (DFL-Little instruction. It is available statewide at no Rep. Diane Loeffler (DFL-Mpls) and Sen. Canada), the law also permits the council cost. Barb Goodwin (DFL-Columbia Heights) to allow a local unit of government to defer HF758/SF380*/CH48 sponsor the law, which is effective May 25, payment of allocated current wastewater 2013. services costs. Loeffler said this classification of employees HF738*/SF551/CH101 New law mandates same price for should be able to communicate information fuel stored in same tank to members of the Legislature, the legislative Fuel being stored in the same tank will auditor or a constitutional officer about state Warning requirements changed for need to be sold at the same price. services, such as financial information that money transmitters The new law, sponsored by Rep. Andrew Falk they believe to be true and accurate. For A new law that clarifies when money (DFL-Murdock) and Sen. Vicki Jensen (DFL- example, if a legislator is seeking financial transmitters must provide consumer fraud Owatonna), makes mostly technical changes to information in order to determine efficiencies warnings is effective May 25, 2013. bring Minnesota into conformity with federal or cost-savings in government spending, the It requires warnings only on transmittal standards. It takes effect Aug. 1, 2013. employee should not fear retaliation from forms that send money to an individual, It also mandates that when fuel is delivered, a supervisor if that information is used to in order to exclude payments being sent to the delivery ticket must state the percentage support legislative action resulting in agency utilities or other companies. Previously, the of biofuel blended into gasoline, or the budget cuts or layoffs. warning had been required on all transmittal percentage of biodiesel blended in the case HF542*/SF443/CH83 forms used by consumers. Potential fraud on of diesel fuel. money transfers usually involves the money HF634*/SF1073/CH68 being received by someone other than the New law provides geospatial data intended recipient. sharing free of charge The law is sponsored by Rep. Joe Atkins Affirmative action plans will see The Minnesota Geospatial Information (DFL-Inver Grove Heights) and Sen. Paul quicker approval Office will be required to share electronic Gazelka (R-Nisswa). The length of time it takes for the geospatial data free of charge with other HF527*/SF544/CH103 commissioner of human rights to approve government entities. a business’ affirmative action plan for the Effective Aug. 1, 2013, the law defines employment of minorities, women and the electronic geospatial data as digital data that Settling claims against the state disabled will decrease. uses geographic or map coordinates, codes, or More than $20,000 will be paid out to A new law, sponsored by Rep. Dan other descriptive data to locate and describe settle claims against the state “for losses Schoen (DFL-St. Paul Park) and Sen. boundaries, or other geographical features suffered while incarcerated in a state Foung Hawj (DFL-St. Paul), will require or characteristics, of the earth’s inhabitants correctional facility or for injuries suffered the commissioner to issue certificates of or human-constructed features. by and medical services provided to persons compliance or a notice of denial within 15 The data can be used by government injured while performing community service days of receiving an application rather than agencies for analysis, planning or other or sentence-to-service work for correctional 30 days. If denied, the commissioner will be decision-making activities; flood planning purposes or while incarcerated in a state required to state why and send a compliance or response, for example. correctional facility.” or denial 15 days after the revision. The law is sponsored by Rep. Phyllis Kahn Each year, a Joint House-Senate The certificate will also be valid for four (DFL-Mpls) and Sen. Chris Eaton (DFL- Subcommittee on Claims meets to determine years instead of two. Brooklyn Center). which petitions will be funded. All state State agencies cannot now accept bids or HF1390*/SF1298/CH95 agencies are eligible to receive funding proposals from businesses without a plan to cover the claims; however, all of this approved by the commissioner. The law only year’s claims are related to the Corrections applies to contracts in excess of $100,000 Department. and businesses with more than 40 full-time The largest amount in this year’s bill employees. would be $8,505 to Marijo Muck for injuries

34 New Laws 2013 to her left rotator cuff while performing Tech agency gets a new name and High-ranking state officials get pay duties at the women’s prison in Shakopee. other administrative changes increases Other payments would be $5,250, $1,794 A new law officially changes the name of The governor, other constitutional officers and $1,500 for individual claims, and the Office of Enterprise Technology to the and agency heads will see a pay bump. almost $3,702 “for sentence-to-service Office of MN.IT Services. The office already Sponsored by Rep. Mary Murphy (DFL- and community work service claims under has been operating as MN.IT services, and Hermantown) and Sen. Tom Saxhaug (DFL- $500 and other claims already paid by the the name change in this law makes this Grand Rapids), the provision is contained department.” designation official. in the omnibus state government finance Rep. Mary Murphy (DFL-Hermantown) This law also makes a variety of changes law that appropriates about $927 million to and Sen. Jim Carlson (DFL-Eagan) sponsor in laws governing the administration of 28 agencies, an increase of more than $30 the law that is effective July 1, 2013. Minnesota Management & Budget and million from the last biennium. The law has HF1792*/SF1629/CH122 MN.IT. various effective dates. The law eliminates MMB reports on Currently, agency heads cannot receive a teacher pension aids and whether budgeted salary larger than the governor, who makes Voters to decide who sets legislators’ appropriations can meet the funding needs about $120,000 a year. Under the law, the salaries of pension plans. salary limit for about 20 agency heads, Voters will decide whether to allow the It repeals the requirement for MMB including the Department of Administration creation of a citizen-only board that sets reports on programs that have expenditure and Department of Education, will increase legislators’ salaries. increases over 15 percent. It allows the to 133 percent of the governor’s salary The new law, which Gov. Mark Dayton department to post to its website local impact and increase thereafter annually by the returned to the House of Representatives notes that estimate the fiscal ramifications Consumer Price Index. Agency heads of without his signature May 24, 2013, requires of proposed legislation on local units of smaller agencies, such as the Gambling a proposed constitutional amendment be government, and repeals a requirement that Control Board and the Public Utilities put to the voters in the 2016 general election MMB compile key impact notes in a report Commission, can make as much as 120 asking if a 16-member citizen council by Sept. 1 of each even-numbered year percent of the governor’s salary. Their salary appointed by governor and chief justice of the Sponsored by Rep. Phyllis Kahn (DFL- limits will also increase every year by the state Supreme Court should set legislators’ Mpls) and Sen. Bev Scalze (DFL-Little Consumer Price Index. Actual salaries for salaries. Canada), the law is effective Aug. 1, 2013. agency heads within these limits will be set The council would prescribe the salaries HF1389*/SF1245/CH134 by the governor. by March 31 of each odd-numbered year and In the first pay increase in about 15 years, any changes would take effect in July of that the governor’s pay will bump up by 3 percent year. Commerce Department typos in 2015 and 2016. Constitutional officers’ In creating the council, the chief get a fix salaries also increase by 3 percent in 2015 justice would select one person from each Typographical errors in current law and 2016. congressional district, who is not a judge, and regarding the Department of Commerce Despite the compensation council’s the governor would also appoint one member now have their own law directing the recommendations to increase legislators’ pay, from each congressional district. department to make necessary corrections. increases were not included. The ballot measure is sponsored by Rep. Rep. Raymond Dehn (DFL-Mpls) and Jason Metsa (DFL-Virginia) and Sen. Kent Sen. Jim Carlson (DFL-Eagan) sponsor the Departments look to adapt to changing Eken (DFL-Twin Valley). technical law that includes correcting errors technology HF1823*/SF533/CH124 concerning fees, which are referenced in Under the new law, MN.IT, the state’s other parts of the law. Many of the provisions information technology office, is authorized haven’t been looked at for 20 years or longer, to enter into contracts with private entities Revisor bill cleans up language Dehn said. to expand online information services to Each session, a law is needed to clean For example, the law clarifies that anyone citizens and business. These contracts may up statute language that could include selling flood insurance must be licensed and provide for the private entity to charge erroneous, ambiguous, and omitted text must have passed the minimum training a fee not to exceed $2 in order to use and obsolete references. The law is based on and education requirements of the Federal “e-government services” that will be provided suggestions from the Office of the Revisor of Emergency Management Agency. under these contracts. The fee, meant to go Statutes. Realtors seeking to transfer their license to toward more e-government services, will not A new law makes the statutory changes another brokerage firm will see the transfer be charged for viewing or inspecting of data. suggested by the Revisor. fee doubled to $20. In the Revenue Department, savings Commonly known as the “revisor’s bill,” The law clearly defines the composition of are expected through the automation of this year’s law is sponsored by Rep. Barb a board of directors for a self-insurance pilot several services and by requiring businesses Yarusso (DFL-Shoreview) and Sen. Ron Latz project among agricultural cooperatives. to file wage levies and other tax documents (DFL-St. Louis Park). The law is effective May 25, 2013. electronically. Also, the Revenue Department The law has various effective dates. HF1221*/SF626/CH135 plans to save money by issuing debit cards to HF972/SF827*/CH125 provide tax refunds to taxpayers who do not choose direct deposit. To ease concerns about

New Laws 2013 35 security and misuse of data, a new provision Relief Act of 2012 and the Federal Aviation Raising revenue requests the legislative auditor to conduct Administration Modernization and Reform Although a new fourth-tier income tax data security audits of the debit cards as Act of 2012. rate on the state’s highest earners was part of resources allow. Provisions include the extension of the the revenue mix since the start of session, it higher education tuition and educator was unclear what that final rate would be and Sunset Commission to sunset classroom expense deductions and the ability at what level of income. A negotiated end- Many DFLers believe that the Sunset of those age 70 ½ years or older to transfer up of-session settlement produced a new rate of Commission, established in 2011 to eliminate to $100,000 from an individual retirement 9.85 percent. This was the rate proposed in duplicated and unneeded government account or Roth IRA directly to a qualified the governor’s tax bill, which was higher than departments and agencies, is itself duplicative charity. (Secs. 3-5) the House’s original position of 8.49 percent and unneeded. The law also allows airline employees and the Senate’s proposal of 9.4 percent. Under the new law, the Sunset Commission who received bankruptcy payments to The new fourth-tier income tax bracket is abolished. Duties to review advisory groups retroactively roll over the payments into a will affect: will instead be completed by the Legislative traditional IRA in the year the payments • married people who file jointly with a Commission on Planning and Fiscal Policy, were received. (Sec. 26) taxable income of more than $250,000; a group that already exists in current law. A large part of the new law includes changes • married people who file separately with a Among other appropriations, $920,000 to the Iron Range Resources and Rehabilitation taxable income of over $125,000; over the biennium will allow Minnesota Board and its grant operations. The IRRRB • single filers making over $150,000; and Public Radio to purchase equipment and receives funding from the mining companies • heads of household with a taxable income upgrades to the AMBER Alert system; and in lieu of property taxes and then disperses of over $200,000. $750,000 is appropriated each year for the it as grants to Iron Range communities. The Minnesota Assistance Council for Veterans, board sought changes that included a shift in Sales taxes a nonprofit that helps homeless veterans the board’s composition: Instead of having Taxes on a pack of cigarettes will rise to and families. One-time appropriations 10 elected and three appointed positions, the $2.83 from the current $1.23. Other tobacco include $30,000 in matching funds for a board will be comprised solely of senators and products will also be taxed at higher rates, bust or statue of civil rights leader Nellie representatives who have at least one-third of including taxing “little cigars” as cigarettes Stone Johnson and $40,000 for a program their district in the taconite assistance area. and taxing each container of “moist snuff” that connects government employees with (Secs. 1, 6-25) at the same rate as a pack of cigarettes or students through a reading program. With various effective dates, the law is 95 percent of the wholesale sales price, HF1184/ SF1589*/CH142 sponsored by Rep. Ann Lenczewski (DFL- whichever is higher. Part of the revenue from Bloomington) and Sen. Rod Skoe (DFL- the first year of the cigarette tax increase will Clearbrook). be used for the new stadium to house the Revisor’s Bill HF6*/ SF119/CH3 Minnesota Vikings. Near the end of each session, the Office To prevent retailers and wholesalers from of the Revisor of Statutes assists legislators stockpiling tobacco product before that in preparing a bill that corrects oversights, Tax law provides property tax relief; date, a one-time new cigarette tax is equal to inconsistencies, ambiguities, unintended creates new fourth tier rate the tax increase will be imposed on current results and technical errors in legislation The nearly $2.1 billion raised through inventories. That is expected to raise $32.4 considered earlier that session. the new tax law is billed as an effort to bring million, of which $26.5 million will go to A new law makes clarifications and structural stability to the state’s budget and the special fund used for the stadium. (Art. corrections from laws enacted in 2013. provide property tax relief, while moving 5, Secs. 6-17). The law has various effective dates, closer to paying back the money the state has Additionally, backup revenue for the corresponding to those of original enactment. borrowed from the schools during previous stadium, if needed, would come from closing It is sponsored by Rep. Mike Freiberg (DFL- budget cycles. corporate tax loopholes regarding revenue Golden Valley) and Sen. Ron Latz (DFL-St. Revenue will come largely from a new from sales in the state. That is expected to Louis Park). fourth-tier income tax rate and beefed up raise approximately $26 million in the first HF1840/SF1664*/CH144 cigarette taxes along with closing some year and $20 million per year thereafter. (Art. corporate loopholes and and increasing other 6, Sec. 23) taxes on businesses. In turn, the money will There are few new consumer sales taxes go toward DFL priorities of erasing the state’s Taxes in the law; however, those who download projected $627 million deficit; paying for a ringtones, music, videos, and books will be $400 million property tax relief package and paying a sales tax on these digital items as will Early action taken on 2012 tax moving up the timeframe for paying back the those who play online computer games. The conformity issues $850 million the state owes the K-12 schools. sales tax exemption for textbooks required in The Legislature took early action to make The law is sponsored by Rep. Ann higher education courses will be extended to the necessary tax conformity changes needed Lenczewski (DFL-Bloomington) and Sen. digital books. (Art. 8, Secs. 7-15, 24) to match up with those at the federal level, at Rod Skoe (DFL-Clearbrook). Provisions are Businesses will be asked to pay new least for the 2012 tax year. The changes result effective July 1, 2013, unless otherwise noted. sales taxes on warehousing and storage from enactment of the American Taxpayer HF677*/SF552/CH143 (not including mini-storage); electronic

36 New Laws 2013 and commercial equipment repair and age of housing stock and jobs per capita. (Art. is called for regarding the feasibility of a high- maintenance; and through repealing 2. Secs. 8-18) speed rail between Rochester and the Mall the current sales tax exemption on Other aids and credits include: of America in Bloomington. (Art. 10, Secs. telecommunications equipment purchases. • increases in the County Program Aid 1-16) Because of administration issues, the appropriation by $40 million annually, Under the law, other cities would receive imposition of the tax on warehousing and from $166 million to $206 million; economic help as well through extension storage services will be delayed until after • increases to the disparity reduction credit of sales taxes, sales tax exemptions for March 31, 2014. However, beginning to help commercial-industrial properties construction materials, imposition of in 2014, businesses will benefit on an in four cities along the North Dakota lodging taxes or changes to tax-increment upfront exemption from sales tax on capital border compete with the neighboring financing districts. These projects include the equipment. (Art. 8, Secs. 2, 26) state; proposed expansion to the Mall of America; City and county governments will be • cities in southwestern Minnesota affected a new building for 3M in Maplewood; and a exempt from paying sales tax. Supporters by an April ice storm can receive their biopharmaceutical manufacturing facility in say the sales tax exemption should allow entire 2013 LGA payment on July 20, Brooklyn Park. (Art. 9, Secs. 1, 10-11, 21-23, cities and counties enough revenue to freeze 2013; 37-42) property tax levy limits for one year. (Art. 4, • creating a new township aid program with Sec. 48; Art. 8, Sec. 29) an appropriation in 2014 and after of $10 Taxes on the range million; The Iron Range has its own unique set of Property tax relief • helping the City of Minneapolis through taxes set around the mining industry. The The new tax revenue will help pay for a debt service payment aid, beginning Nov. law will increase the rate of the taconite property tax relief package. Most significant 1, 2016, and annually thereafter, to pay off production tax by 5 cents per ton and increase is increased eligibility through changes bonds for the new library. (Art. 2, Secs. 1, the match requirement for companies to the Homeowners property tax refund 17, 19-21); receiving distribution from the taconite program, which the law renames as the economic development fund from 50 percent “Homestead Credit Refund.” These changes Economic Development to an equal match. (Art. 11, Secs. 1-5) come largely from reducing the amount of Mayo Clinic and the City of Rochester income homeowners must pay in property plan a nearly $6 billion project to further Other provisions in the law: taxes to qualify for the program. Effective for make the Mayo Clinic a worldwide medical • change the tax rate on jet fuels and special refunds based on taxes payable in 2014, the destination and improve city’s infrastructure. fuels to 15 cents per gallon, effective July first $5,500 in contributions to retirement The Mayo Clinic is expected to invest 1, 2014; (Art. 5, Sec. 2-5) accounts can be excluded from the income $3.5 billion of private capital into expanding • impose an upfront prepaid wireless fee for calculation. The law also calls for a one-time buildings and facilities throughout 911 services that replaces the fee imposed effort in 2014 to notify homeowners who Rochester, and $2.1 billion in outside private when service is used; (Art. 13, Secs. 3-21) may be eligible for a refund of at least $1,000, investments is to be secured for the project. • establish a lease purchase-agreement but who have not been claiming refunds. However, they looked to the state for several proposal and funding for design work on (Art. 1, Secs. 1-2, 5) tax concessions and public infrastructure a new legislative office building (Art. 12, Renters will see benefit as well. The law also funding to help support the project, expected Secs. 21-22); reduces the income threshold for program to take 20 years to complete. • create a four-month grace period to give eligibility for renters and increases the The tates will pay aid sufficient to fund active duty military homeowners more maximum refund allowed. (Art. 1, Sec. 3) $327 million in public infrastructure time to pay their property taxes; (Art. 4, projects during the life of the project but not Sec. 20) and Aid for local governments beyond the year 2049. The city is expected • a Greater Minnesota Internship program is In a further effort to lower property taxes, to pay an additional $128 million to qualify established to help keep young, educated the new law revamps the current Local for the aid. The state and the county or city adults in rural Minnesota. (Art. 6, Sec. 4) Government Aid formula making it more will also pay for up to $116 million of transit- equitable, understandable and predictable, related projects; with state aid covering 60 percent of this cost. supporters say. Transportation The LGA appropriation will increase from The law offers the following support to the the current $426 million to $507.6 million project: for calendar year 2014. In 2015 and 2016, the • a sales tax exemption for construction State highway will honor slain officer amount is increased by $2.5 million each year materials and supplies used for the public A stretch of state highway is to be renamed and then frozen at the 2016 amount. infrastructure; and in memory of a Minnesota police officer The new formula bases a city’s unmet • provides for several county and city local killed in the line of duty. need (the amount needed to bridge the gap tax mechanisms to help fund the local Sponsored by Rep. (R-Rockville) between its service costs and its funding) share of the infrastructure and allowance and Sen. Michelle Fischbach (R-Paynesville), where need is calculated differently based for bond funding. the law honors fallen Cold Spring police on city size. Characteristics taken into The law also lays out the framework of officer Tom Decker by designating an 11- consideration include population measures, operation for a nonprofit corporation to mile stretch of Trunk Highway 23 from oversee the project. Additionally, an analysis

New Laws 2013 37 Wakefield Township to Richmond in rural Wheelage tax, light rail funds Previously, state law limited the option of Stearns County the Officer Tom Decker highlight transportation law a $5 wheelage tax to only the seven-county Memorial Highway. It takes effect Aug. 1, Billions of dollars to fund statewide road metro area; that has been expanded to 2013. maintenance projects, the option for every include all 87 counties with the amount Decker was shot and killed Nov. 29, 2012, county in the state to levy a wheelage tax increased to $10 in 2014 followed by up while responding to a call in downtown Cold and one-time funds toward a new light- to $20 beginning in 2018. The law also Spring. His murder remains unsolved. rail line are key provisions of an omnibus eliminates a required referendum for counties HF146/SF76*/CH12 transportation funding law. outside of a transportation improvement Sponsored by Rep. Frank Hornstein (DFL- area in the Twin Cities region to impose a Mpls) and Sen. D. Scott Dibble (DFL-Mpls), transportation sales tax for transportation Law lays out future of I-35W the funding package appropriates more than projects including ongoing transit service. bridge remains $5 billion to cover state’s transportation (Art. 3, Secs. 4, 25-26) The Minnesota Historical Society, federal needs over the next biennium. It takes effect Changes were made to some exemptions to and state transportation agencies, higher July 1, 2013, unless otherwise noted. the motor vehicle sales tax, which is imposed education institutions with engineering HF1444*/SF1173/CH117 when a vehicle is sold. The law increases a programs and bridge collapse survivors have flat amount charged for some older model priority to take home pieces of remnant steel Among the provisions in the law for the state collector vehicles (from $90 to $150) that left over from the deadly 2007 collapse of the highway budget are: is in place instead of the tax typically Interstate 35W bridge in Minneapolis. • increasing state road construction funding based on vehicle value. It also eliminates Effective May 25, 2013, the law, sponsored by almost $360 million over the biennium; an exemption from the tax for some gifts by Rep. Ryan Winkler (DFL-Golden Valley) • increasing base appropriations by between individuals, although most gifts and Sen. Ron Latz (DFL-St. Louis Park), $10 million annually from the trunk between family members remain exempt. authorizes the transportation commissioner highway fund for use in a newly-established (Art. 3, Secs. 27-29) to disburse, free of charge, pieces of the Transportation Economic Development Fees on motor vehicle titles and driver’s I-35W bridge wreckage within six months program; and licenses are also modified. Starting in 2017, to interested parties. Portions of the bridge • a $5 million increase in the base fees for new vehicle titles will increase from steel not given away will be sold as scrap. appropriation for operations and $6.25 to $8.25, while a $5.50 title transfer fee is The bill specifies that the first $22,000 in maintenance of state roads. (Art. 1, Sec. eliminated. The filing fee for a new or renewed proceeds from the disposal of the remaining 3; Art. 3, Sec. 19) driver’s license or state identification card is steel after the six-month giveaway be Aimed at efforts to expand the Twin Cities increased from $5 to $8. (Art. 3, Secs. 6, 11) deposited into the trunk highway fund; metro region’s transit system is a $37 million, Other provisions include: remaining proceeds would go to the state’s one-time appropriation in fiscal year 2014 • a mandate for the use of “Made in General Fund. The General Fund paid out toward the state’s 10 percent share of the Minnesota” solar panels for MnDOT settlements to collapse victims who agreed estimated $1.25 billion cost of constructing projects that use solar voltaic systems not to sue the state as part of the I-35W the Southwest Corridor light rail line unless federal funds prohibit otherwise Survivor Compensation Fund. between downtown Minneapolis and Eden or if no Minnesota-made modules that HF1451*/SF1305/CH93 Prairie. (Art. 1, Sec. 4) fulfill the required function are available The law also includes an increased (Art. 3, Sec. 20); base appropriation of $18 million to the • $1.25 million in new funding for State Law alters rules for school bus use Metropolitan Council for bus, light rail and Capitol security and an additional for special events commuter rail operations in the 2014-15 $1 million for highway patrol in the Non-pupils will be able to hitch a ride on biennium and $11.7 million annually during Minnesota State Patrol budget (Art. 1, school buses for transport to certain special the 2016-17 biennium. (Art. 1, Sec. 4) Sec. 5); and events under a new law. The legislation establishes a Corridors of • establishing a task force to compare Sponsored by Rep. John Ward (DFL- Commerce program aimed at improving Minnesota novice driver education Baxter) and Sen. (R-Breezy trunk highways of commercial importance programs with national standards. A Point), the law, effective Aug. 1, 2013, lays out to areas of the state by adding additional report is due the Legislature by Aug. 31, an exception to state law that allows school capacity or making freight improvements 2015. (Art. 3, Sec. 37) buses to be used for one- or two-day special funded largely through $300 million in events without being required to register as trunk highway bonding. (Art. 1, Sec. 3; a commercial bus. Art. 2, Sec. 2) Bicycle safety a priority in new Use of flashing lights and the crossing stop Greater Minnesota counties will also transportation policy law arm will be prohibited under the amended have access to new transportation funding New protective measures for bicyclists, law, and the nonprofit entity utilizing the mechanisms thanks to other fiscal policy a permanent position to aid Department school bus will be required to obtain a special provisions included in the law. All Minnesota of Transportation dispute resolution and temporary vehicle identification card. counties will be able to levy an annual the establishment of a periodic review of HF1304*/SF1133/CH102 wheelage tax on vehicles kept in the county MnDOT-owned property for possible sale to raise funds for local road projects. are part of an omnibus transportation policy law.

38 New Laws 2013 Sponsored by Rep. Ron Erhardt (DFL- • allowing attractions to appear on MnDOT Heavier trucks get OK in west-central Edina) and Sen. D. Scott Dibble (DFL-Mpls), roadside business logo signs; (Secs. 2-3) Minnesota the law contains a number of measures aimed • establishing a review of MnDOT-owned Heavier transport trucks headed to or at providing safeguards for the increasing lands for possible sale; (Sec. 9) from newly constructed distribution centers number of bicyclists on Minnesota roads. • setting requirements around the will be allowed on west-central Minnesota Effective Aug. 1, 2013, unless otherwise controversial rerouting of state Highway roads. noted, it includes provisions that: 53 between Eveleth and Virginia; (Sec. 65) Six-axle semi trucks up to 90,000 pounds • tighten restrictions on vehicles turning • requiring the Metropolitan Council and seven-axle trucks weighing up to 97,000 through bike lanes and vehicles passing to provide accessibility for those with pounds will be permitted to drive on state through bike lanes; disabilities to a pedestrian skyway at the roads in the Department of Transportation’s • prohibit parking, standing or stopping in Union Depot Central Corridor station; District 4 region, provided they are hauling bicycle lanes unless noted otherwise by (Sec. 61) freight to or from a distribution center posted signage; and • establishing in state statute an existing constructed on or after July 1, 2013. District • eliminate language requiring riding a MnDOT ombudsperson position that 4 encompasses an area including Detroit bicycle at the right-hand curb or edge was established administratively to aid the Lakes, Morris, Alexandria, Fergus Falls and of the road if the biker is riding in a department in resolving disputes; (Sec. 47) Moorhead. designated bicycle lane. (Secs. 30, 32, 35) • modifying MnDOT authority and Rep. Tim Mahoney (DFL-St. Paul) and Bikers will be able to use a wider range of duties related to intercity passenger rail, Sen. David Tomassoni (DFL-Chisholm) equipment to meet nighttime bicycle lighting authorizing the department to contract sponsor the law, which is effective May 25, requirements and the sale of a bicycle without with railroads for development of track 2013. pedals will be allowed. (Secs. 33, 34) and use of existing rail tracks and facilities Permits for six-axle vehicles will cost $300; A prohibition on the use of a cell phone and operation of passenger rail lines; (Sec. seven-axle trucks will cost $500. Revenue for personal reasons by school bus operators 52) and from sale of the permits will be directed is expanded to all times when the vehicle • effective May 25, 2013, authorizing toward a state fund for bridge inspections is in the flow of traffic, including stopped regional rail authorities in the seven- and posting weight limits. at a traffic light, and state law requiring county Twin Cities metropolitan area to The law also makes some appropriations school bus drivers to wear a seat belt has use levy authority to develop bus rapid changes for part of the public safety budget, been clarified to specify the safety belt transit lines in transitways proposed modifying future appropriations for must be worn across the shoulder and lap. in the Metropolitan Council’s 2030 the Bureau of Criminal Apprehension’s (Secs. 38, 39) transportation plan. (Sec. 59) criminal history, criminal reporting and Other transportation policy measures in HF1416/SF1270*/CH127 fingerprinting systems. the law include: HF316*/SF300/CH140

New Laws 2013 39 2013 F i n a l A c t i o n a s o f J u l y 2 6 , 2 013

CH—Chapter HF—House File SF—Senate File R—Resolution liv­—Line-item veto

CH Bill Passed Author Companion Author Description Effective date

Business and Commerce 6 HF0365 Freiberg SF0336 Franzen Electronic fund transfers regulated, and providing that Uniform Commercial Code 3/15/2013 article 4A does not apply to a remittance transfer that is not an electronic funds transfer under the federal Electronic Fund Transfer Act. 38 SF1291 Tomassoni HF1320 Anzelc Mine inspector provisions and technical, clarifying, and other policy changes made. 8/1/2013 50 HF0194 Atkins SF0247 Bonoff Fraud prevented, money transmissions regulated, no transmit list established, and 1/1/2014 notifications and verifications required. 69 SF0683 Rest HF0817 Myhra Public accounting services exempted from licensure requirements. 8/1/2013 79 SF1006 Pappas HF1060 Atkins Lawful gambling account, record keeping, other regulatory provisions modified. 5/21/2013 84 HF0779 Atkins SF0662 Lourey Health plan policy and contract coverages regulated, state law conformed to federal 05/21/13 requirements, health plan market rules established, and designation of essential community providers modified. 88 SF0561 Jensen HF0644 Atkins Building and construction contracts regulated, and third party insurance agree- 05/21/13 ments prohibited. 91 HF0694 Lesch SF0586 Dahle Debt management and settlement; attorneys at law exemption clarified, and debt 05/21/13 settlement services regulation modified. 106 HF1243 Atkins SF1376 Reinert Securities and franchise registration provisions modified. 05/21/13 119 HF1118 Freiberg SF0832 Wiklund Bond security requirements modified. 05/22/13 120 HF0157 Hilstrom SF0382 Sieben Bullion coin dealers regulated, registration required, conduct prohibited, and 05/22/13 enforcement authority and civil and criminal penalties provided. 130 HF1587 Halverson SF1088 Jensen Foreign language polices and advertising regulated, and electronic notices and 5/22/13 documents authorized. Bonding 136 HF1070 Ward, J.E. SF0960 Sparks Omnibus bonding bill. 5/22/13 Civil Law 10 HF0087 Winkler SF0249 Franzen Affidavit of survivorship and release or partial release of mortgage lien provided for, Sections 1, 3, 4, 5, interest claimed in registered land after resignation, and technical and conforming 6: 8/1/2013, Sec- changes made. tion 2: 3/22/2013 21 HF0450 Atkins SF0392 Latz Actions for damages based on services or construction to improve real property 8/1/2013 limitations modified. 23 HF0232 Hilstrom SF0327 Goodwin Statutory short form power of attorney modified, and judicial relief authorized. Various 24 HF0369 Freiberg SF0350 Franzen Uniform Community Property Rights at Death Act adopted. 8/1/2013 28 HF0283 Winkler SF1108 Wiklund Evidence arising from a collaborative law process availability limited. 8/1/2013 36 HF0019 Hortman SF0084 Newman Agency designations allowed in certain civil law situations, form language provided, 8/1/2013 clarifying changes made, and filing requirements clarified for appeals to Tax Court. 39 SF0345 Goodwin HF0410 Hilstrom Crime victim’s estate authorized to request or enforce an order for restitution. 5/7/2013 56 HF1120 Freiberg SF0516 Wiklund Judicial review of contested case service on all parties required. 8/1/2013 65 SF0250 Hayden HF0252 Allen Child placement proceedings modified. 8/1/2013 74 HF1054 Clark SF0925 Dibble Marriage between two persons provided for, and exemptions and protections based 8/1/2013 in religious association provided for. 82 SF0745 Dziedzic HF0695 Simon Omnibus Data Practices Bill. 05/21/13 89 HF0681 Simon SF0534 Latz Limitation period for civil actions involving sexual abuse changed. 05/21/13 90 HF0335 Simon SF0041 Dibble Jury service exclusion prohibited on the basis of marital status or sexual orientation. 05/21/13 94 HF0161 Cornish SF0196 Ingebrigtsen Homicide victim specified personal property protection inventory and emergency 05/21/13 order authorized to preserve rights of decedent’s heirs and beneficiaries; notice of rights and procedures added to crime victims’ chapter.

40 New Laws 2013 2013 MINNESOTA LEGISLATURE F i n a l A c t i o n a s o f J u l y 2 6 , 2 013

CH—Chapter HF—House File SF—Senate File R—Resolution liv­—Line-item veto

CH Bill Passed Author Companion Author Description Effective date

104 HF0080 Hilstrom SF0033 Latz Assigned consumer debt default judgments regulated, limitation period provided 05/21/13 to bring an action arising out of consumer debt, and bail amount set for failure to comply with judgment debtor disclosure requirements in consumer debt cases. 109 HF0392 Melin SF0286 Latz Juvenile court proceeding records governing provisions modified. 05/22/13 118 HF0792 Holberg SF0768 Sieben Negligent conduct liability waivers prohibited. 05/22/13 Consumers 16 HF0290 Simon SF0281 Latz False claims provisions modified. 8/1/2013 17 HF0129 Sanders SF0294 Dahle Mortgage foreclosures regulated, and foreclosure consultant definition clarified. 4/23/2013 40 HF0648 Davnie SF0818 Champion Lender provisions regulated for those who use motor vehicle titles of the borrower 8/1/2013 as collateral. 42 SF0541 Metzen HF0746 Atkins Omnibus Liquor Bill. Various 53 SF0748 Sparks HF0654 Laine Preneed funeral insurance regulated. 8/1/2013 54 HF0791 Hortman SF0574 Reinert Annuity products regulated, and model regulation adoption enacted and modified by the National Association of Insurance Commissioners relating to suitability in annuity transactions. 60 HF0131 Slocum SF0316 Goodwin Estate sale conductors required to post a bond to protect owners of property to be 1/1/2014 sold. 67 HF1284 Schoen SF1131 Metzen Motor fuel sale restriction by local units of government prohibited. 5/17/2013 126 HF1214 Mahoney SF0934 Wiger Motor vehicles regulated, scrap metal processing regulation amended, proof of 05/22/13 ownership or hold period required for vehicles purchased for scrap, automated property system and criminal penalties created. Economic Development 64 SF0340 Hawj HF0368 Mahoney Loans to development authorities modified. 8/1/2013 Education 116 HF0630 Marquart SF0453 Wiger Omnibus K-12 Education Policy and Finance Bill. 05/22/13 Elections 110 HF1112 Winkler SF1030 Goodwin Secretary of state duties and responsibilities modified, and standard of conduct 05/22/13 provided for directors of cooperatives. 131 HF0894 Simon SF0677 Sieben Elections Policy Omnibus Bill. 5/22/13 138 SF0661 Sieben HF0863 Winkler Campaign finance additional disclosure provided for, and various changes made to 5/22/13 campaign finance and public disclosure law. Employment 2 SF0058 Eaton HF0095 Lillie Labor agreements and compensation plans between the state of Minnesota and 2/20/2013 employee associations ratified. 15 HF0504 Metsa SF0372 Sparks Reinsurance association prefunded limit eliminated. 1/1/2015 27 HF0748 Simon SF0602 Dziedzic Prompt payment of wages requirements and penalties modified. 4/30/2013 33 HF1378 Mahoney SF1337 Pappas Workers’ Compenstation Court of Appeals personnel provisions modified. 5/2/2013 41 HF1195 Nelson SF1111 Dziedzic Hennepin County given the same authority as Minneapolis to negotiate agreements 8/1/2013 relating to skilled trade and craft workers and apprentices. 61 SF0523 Champion HF0690 Mahoney Reliance on criminal history for employment purposes limited, and remedies 1/1/2014 provided. 70 SF1234 Sparks HF1359 Mahoney Worker’s compensation; various policy and housekeeping changes made, advisory ARTICLE 1, Sec 1-6: council recommendations adopted, and report required. 5/17/2013, Sec 7: 7/1/2013, ARTICLE 2: 10/1/2013

New Laws 2013 41 2013 MINNESOTA LEGISLATURE F i n a l A c t i o n a s o f J u l y 2 6 , 2 013

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CH Bill Passed Author Companion Author Description Effective date

77 HF1069 Lillie SF1185 Eaton Labor agreements and compensation plans ratified, and money appropriated. 5/21/2013 85 HF0729 Mahoney SF1057 Tomassoni Omnibus jobs, economic development, housing, commerce, and energy bill. 05/21/13 87 SF0840 Champion HF0568 Hansen Personal sick leave benefits modified. 05/21/13 111 SF0489 Pappas HF0629 Murphy, M. Omnibus Pensions Bill. 5/22/2013 128 SF0778 Pappas HF0950 Nelson Family child care providers and individual providers of direct support services col- 5/22/13 lective bargaining authorized, Quality Self-Directed Services Workforce created, and money appropriated. Energy 57 SF0521 Tomassoni HF0623 Melin Biomass mandate project regulated. 5/14/2013 132 HF0854 Atkins SF0695 Dibble Distributed generation and renewable energy provisions modified, conservation im- 5/22/13 provement investments for low-income programs regulated, and eminent domain and condemnation procedures modified. Environment and Natural Resources 4 HF0066 Hansen SF0113 Sparks Drainage system provisions modified. 8/1/2013 52 HF1113 Wagenius SF0987 Dziedzic Environment and natural resources trust fund money appropriated, Legislative-Cit- 7/1/2013 izen Commission on Minnesota Resources provisions modified, and land acquisition with trust fund money requirements modified. 73 HF0740 Erickson, R. SF0886 Hawj Omnibus Lands Bill. Various 75 HF0461 Benson, J. SF0248 Bonoff Mechanical control of hybrid and narrow-leaved cattail allowed by rulemaking 8/1/2013 without an aquatic plant management permit. 92 HF0814 Schoen SF1033 Sieben Hazardous substance release report required to local 911 emergency dispatch 01/01/14 center. 105 HF0819 Murphy, M. SF0613 Scalze Public Facilities Authority grant programs reorganized, and small community 05/21/13 wastewater treatment grants provided for. 114 HF0976 Wagenius SF1170 Tomassoni Omnibus Environment, Natural Resources and Agriculture Finance and Policy Bill. 05/22/13 137 HF1183 Kahn SF1051 Cohen Omnibus Legacy Bill. 05/24/13 (liv) Game and Fish 121 SF0796 Schmit HF0742 Dill Omnibus Game and Fish Policy Bill. 05/22/13 Health and Human Services 1 HF0009 Huntley SF0005 Sheran Medical assistance eligibility expanded, and modified adjusted gross income and January 1, 2014 standard income disregard use required. 8 HF0582 McNamar SF0493 Eken Advanced diagnostic imaging service accreditation required for operation in Min- 8/1/2013 nesota. 9 HF0005 Atkins SF0001 Gimse Minnesota Insurance Marketplace established, powers and duties prescribed, abor- 3/21/2013 tion coverage prohibited with certain exemptions, person’s physician of choice right recognized, right to not participate established, open meeting requirements and data practice procedures specified, and money appropriated. 11 HF0164 Norton SF0118 Hayden Radiation therapy facility construction provisions modified. 8/1/2013 13 SF0166 Wiklund HF0201 Schoen Advanced emergency medical technician provisions modified, inspection provisions 8/1/2013 updated, and requirements provided for emergency medical responder registration. 14 SF1086 Champion HF1181 Dorholt Public accommodations for blind and disabled persons ensured. 8/1/2013 18 HF0075 Schoen SF0039 Rosen Community paramedic certification continuing education hours required. 8/1/2013 25 SF0953 Hoffman HF1210 Allen Social work licensure provision modified. 8/1/2013 30 SF0422 Sheran HF0704 Hilstrom Family Reunification Act of 2013 created. 8/1/2013 31 SF1016 Eaton HF1124 Fritz Minnesota Nurse Practicing Act definitions modified. 8/1/2013

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CH Bill Passed Author Companion Author Description Effective date

43 SF0887 Marty HF0662 Laine Health professional education loan forgiveness, tuberculosis standards, and poison 8/1/2013 control provisions modified; occupational therapy practitioners defined and provi- sions changed; adverse health events reporting requirements changed; radon edu- cation disclosure required; volunteer medical personnel liability coverage provided; and legend drug prescribing authority amended. 44 SF0825 Wiklund HF1115 Allen Medical Practice Act changes made. 8/1/2013 49 HF0947 Liebling SF0490 Sheran Sexually dangerous persons and persons with sexual psychopathic personalities 8/1/2013 commitment law distinguished and clarified from other civil commitments. 51 HF0588 Atkins SF0471 Hayden Hospital staffing report required, study on nurse staffing levels and patient- out 8/1/2013 comes required, and money appropriated. 55 HF0195 Loeffler SF0431 Eaton Licensed dietitian or nutrition allowed to adhere to a practice guideline or protocol 8/1/2013 for a legend drug prescribed by a physician. 58 HF0458 Persell SF0357 Rest Formaldehyde banned in children’s products. Section 1 & 2: 5/14/2013 59 HF0969 Dorholt SF1297 Eaton Chemical and mental health and state-operated service provisions modified, data 8/1/2013 sharing allowed, task force repealed, terminology updated and obsolete provisions repealed, and technical changes made. 62 HF0760 Loeffler SF0655 Wiklund Disability outdated terminology updated. 8/1/2013 63 HF0767 Morgan SF0459 Eken Department of Human Services Continuing Care Omnibus Policy Bill. Various 71 HF0459 Atkins SF0379 Sieben Bisphenol-A in children’s food containers sale prohibited. 5/17/2013 81 SF0654 Wiklund HF0820 Loeffler Health care and medical assistance provisions modified. 8/1/2013 98 HF0215 Ward, J.A. SF0330 Carlson Physical agent modalities, electrical stimulation, and ultrasound device use orders 05/21/13 by licensed health care professionals permitted. 107 HF0975 Benson, J. SF0872 Franzen Fair hearing and internal audit provisions modified, Cultural and Ethnic Leadership 05/21/13 Communities Council created, obsolete language removed, and technical changes made. 108 HF1233 Huntley SF1034 Lourey Omnibus Health and Human Services Finance Bill. 05/22/13 113 HF1117 Huntley SF1077 Rosen Chemical and mental health and human service licensing provisions modified, 05/22/13 methadone treatment program standards established, drug treatment provisions modified, Schedule I controlled substances added to list. 129 HF0607 Morgan SF0508 Wiklund Optometrist provisions changed. 5/22/13 Higher Education 99 SF1236 Bonoff HF1692 Pelowski Omnibus Higher Education Finance and Policy Bill. 05/24/13 (liv) Housing 100 HF0829 Allen SF0967 Champion Landlord violation civil penalty imposed; tenant holding over provisions amended; 05/21/13 time appeal and notice of hearing modified; and technical, clarifying, and conform- ing changes made. 115 SF1276 Torres Ray HF1377 Hortman Mortgage lender and servicer loss mitigation required, and mortgage foreclosure 05/22/13 dual tracking prohibited. Local Government 35 SF0324 Johnson HF0441 Hilstrom Employees and officers of local public pension plans required to report unlawful 8/1/2013 actions to the state auditor. 45 SF0510 Marty HF0128 Slocum Solid waste collection organization implementation process for cities amended. 5/8/2013 66 SF1564 Wiklund HF1684 Nelson Metropolitan Council redistricting provided, and district boundaries adopted. 5/17/2013 97 HF1510 Nelson SF1351 Eaton Hennepin County; county contract provisions updated and technical corrections 05/21/13 made.

New Laws 2013 43 2013 MINNESOTA LEGISLATURE F i n a l A c t i o n a s o f J u l y 2 6 , 2 013

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CH Bill Passed Author Companion Author Description Effective date

123 HF0853 Savick SF0746 Sparks Fire and police department aid threshold for financial reports and audits modified. 141 SF1656 Weber HF1832 Schomacker Disaster aid money appropriated to match federal aid for the April 2013 severe 5/22/13 winter storm in southwest Minnesota. Military and Veterans Affairs 22 HF0143 Persell SF0087 Skoe Minnesotan American Indian veteran plaque authorized for placement in the court 4/25/2013 of honor on the Capitol grounds. 78 HF1138 Newton SF0971 Dahle Minnesota Code of Military Justice updated, and clarifying language provided. 8/1/2013 Public Safety 5 HF0090 Hilstrom SF0187 Goodwin Financial exploitation of a vulnerable adult offenses allowed to be aggregated over 8/1/2013 a six month period, and venue options expanded. 20 SF1168 Kent HF1043 Simon Emergency 911 call new crimes created. 8/1/2013 32 HF0669 Simonson SF0803 Jensen Statewide Radio Board expanded and updated to include the latest emergency 8/1/2013 communication technologies, Statewide Radio Board authorized to elect to become a statewide emergency communication board, tribal governments included in regional board structure, and comprehensive authority provided under board to address all emergency communications. 34 SF0769 Jensen HF1051 Rosenthal Crime victim rights and programs statutory provisions clarified. 8/1/2013 37 SF0834 Latz HF0440 Hilstrom State Guardian Ad Litem Board provisions modified. 8/1/2013 47 HF1400 Paymar SF1423 Jensen Domestic abuse provisions modified. 8/1/2013 76 HF0580 Simon SF0509 Goodwin Data protection regulated for victims of violence. Sec 1-4: 8/1/2013, Sec 5: 1/1/2014, Sec 6 and 7: 7/1/2013 80 SF0346 Goodwin HF0411 Hilstrom Money used or intended for use to facilitate a prostitution or sex trafficking offense 8/1/2013 forfeiture provided for. 86 SF0671 Latz HF0724 Paymar Omnibus public safety finance bill. 05/21/13 96 HF0790 Johnson, S. SF0668 Goodwin Conditional release terms clarified. 05/21/13 112 HF0946 Liebling SF0744 Goodwin Underage possession or consumption of alcohol immunity provided for a person 05/22/13 contacting 911 to seek assistance for another. 133 HF0590 Hilstrom SF1068 Wiger Transit operator assault criminal penalties prescribed. 5/22/13 139 HF0228 Johnson, B. SF0614 Nienow Wildlife arson increased penalties created for damages to multiple buildings or 5/22/13 dwellings, acreage, or crops or demonstrable bodily harm; and restitution provisions added. State Government 7 HF0278 Hortman SF0157 Latz Uniform Electronic Legal Material Act enacted as approved by the National Confer- 1/1/2015 ence of Commissioners on Uniform State Laws. 19 HF0834 Fischer SF0515 Scalze Metropolitan Area Water Supply Advisory Committee sunset date extended. Retroactive 12/31/2012 26 SF0359 Pappas HF0414 Hornstein Genocide Awareness and Prevention Month designated in April. 4/30/2013 29 SF0442 Wiklund HF0543 Liebling Council on Disability membership requirement modified. 8/1/2013 46 SF0843 Scalze HF1196 Nelson Competitive bid advertisement publications in a recognized industry trade journal 8/1/2013 authorized. 48 SF0380 Hawj HF0758 Albright Adult basic education program representative added to the Workforce Development 8/1/2013 Council.

44 New Laws 2013 2013 MINNESOTA LEGISLATURE F i n a l A c t i o n a s o f J u l y 2 6 , 2 013

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CH Bill Passed Author Companion Author Description Effective date

68 HF0634 Falk SF1073 Jensen Identical product pricing requirement added, technical updates made to bring state 5/17/2013 into compliance with most recent federal fuel standards, minimum octane rating established, biodiesel and biodiesel blend disclosure requirement modified, and E85 requirements modified. 72 SF1307 Hawj HF1182 Schoen Human rights department certificates of compliance provisions changed. 8/1/2013 83 HF0542 Loeffler SF0443 Goodwin Whistleblower protection provided to state employees. 05/21/13 95 HF1390 Kahn SF1298 Eaton Geospatial Information Office provisions updated. 05/21/13 101 HF0738 Isaacson SF0551 Scalze Metropolitan Council miscellaneous technical corrections made, and obsolete 05/21/13 language removed and modified. 103 HF0527 Atkins SF0544 Gazelka Money transmitters regulated, and required fraud prevention measures clarified. 05/21/13 122 HF1792 Murphy, M. SF1629 Carlson Claims against the department of corrections settlement provided for, and money 05/22/13 appropriated. 124 HF1823 Metsa SF0533 Eken Council authorized to establish salaries for legislators, Compensation Council com- position changed, and constitutional amendment proposed. 125 SF0827 Latz HF0972 Yarusso Revisor’s bill; erroneous, ambiguous, and omitted text and obsolete references 05/22/13 corrected; redundant, conflicting, and superseded provisions removed; and miscel- laneous corrections made to laws, statutes, and rules. 134 HF1389 Kahn SF1245 Scalze Finance and budget provisions changed, Office of MN.IT Services added to provisions 5/22/13 and MN.IT provisions changed, and state information network exempted from term limitations on contracts. 135 HF1221 Dehn, R. SF0626 Carlson Technical and housekeeping changes made relating to staff adjusters, canceled 5/22/13 licenses, and transfer fees; producer training requirements provided; Commerce Fraud Bureau regulated; property and casualty actuarial opinions of reserves and supporting documentation required; agricultural cooperative health plan for farmers regulated; real property appraisals regulated; application, education, and training requirements regulated; Public Utilities Commission requests regulated; membership camping license requirement eliminated; obsolete collection agency rule repealed; cross-references corrected; adjustments made to various dollar amounts; and method provided to periodically update Minnesota Statutes to reflect the current dollar amounts as adjusted. 142 SF1589 Saxhaug HF1184 Murphy, M. Omnibus State Government Finance and Veteran Affairs Bill. 5/22/13 144 SF1664 Latz HF1840 Freiberg State agency advisory inspections statute provision miscellaneous oversights, incon- 5/22/13 sistencies, ambiguities, unintended results, and technical errors corrected. Taxes 3 HF0006 Lenczewski SF0119 Skoe Income, franchise, and property tax refund provisions for tax year 2012 conformed 2/21/2013 to the provisions of the Federal Aviation Administration Modernization and Reform Act of 2012 and the American Taxpayer Relief Act of 2012; and provisions changed relating to the Iron Range Resources and Rehabilitation Board. 143 HF0677 Lenczewski SF0552 Skoe Omnibus Tax Bill. 5/22/13 Transportation 12 SF0076 Fischbach HF0146 Howe Trunk Highway 23 designated as Officer Tom Decker Memorial Highway. 8/1/2013 93 HF1451 Winkler SF1305 Latz I-35W bridge remnant steel disposition provided for. 05/21/13 102 HF1304 Ward, J.E. SF1133 Ruud School bus regulation amended for special events. 05/21/13 117 HF1444 Hornstein SF1173 Dibble Omnibus Transportation Finance Bill. 05/22/13 127 SF1270 Dibble HF1416 Erhardt Omnibus transportation policy bill. 05/22/13 140 HF0316 Mahoney SF0300 Tomassoni Motor vehicle titling fee transactions amended, and money appropriated. 5/22/13

New Laws 2013 45