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2012 LEGISLATIVE SUMMARY
TAXES/CREDITS/AIDS/BUDGET
• Budget: A $1.1 billion dollar deficit is projected for the next biennium.
• Corporate tax cuts: Vetoed—a measure that permanently froze the state business property tax levy and provided other business tax cuts, partially paid for by drawing down the budget reserve and increasing the projected deficit in the next biennium by $145 million. The proposal provided no significant tax relief to homeowners, renters, farmers, seniors or others. It reduced future state revenues over the next fourteen years by $2.3 billion forcing future tax increases for others or reductions in services. A second, similar but scaled back proposal that added $73 million to the deficit projected for the next biennium was also Vetoed.
• Permanent homeowner property tax relief: Not enacted. No restoration of the Homestead Market Value Credit (MVC), which was eliminated last year. The MVC was one way the state helped provide homeowners property tax relief.
• Targeted property tax relief program: For taxes payable in 2012 only, the state will refund 90 percent of the amount that any homeowner's tax increased by more than 12 percent over the previous year’s amount, provided that the increase was more than $100. Current law provides for a refund of 60 percent of that amount. This totals approximately $4 million in property tax reductions for homeowners; however, property taxes on homeowners increased last year by approximately $71 million.
• Marriage penalty: Not fixed.
• Internet sales tax/affiliate-nexus: would required many online retailers to collect sales taxes on purchases by Minnesotans: Not enacted.
• LGA: Froze pay 2013 city LGA payments at: (1) 100% of pay 2012 amounts for larger cities; and (2) at the greater of 2012 aid or 2013 aid under current law for smaller cities with a population under 5,000.
• Federal funding contingency planning: Vetoed—a directive to each state agency that receives federal funds to include as part of its budget presentation an analysis of the implications for the agency if federal funds for the agency are dramatically reduced or eliminated.
• Super-majority vote to increase taxes: A proposed constitutional amendment preventing the legislature from increasing state income, state sales, or property taxes unless approved by a three-fifths (60%) vote in each House was not adopted.
K-12 EDUCATION
• Delayed payments to schools I: Vetoed—draining 66% of the state’s budget reserve for a one-time partial pay back of money that was withheld from school districts last year to balance the state budget. (The budget enacted in July 2011 borrowed over $2 billion from schools with no mechanism for repayment in place. The debt is not counted in the budget deficit projection of $1.1 billion in the next budget cycle.)
• Delayed payments to schools II: A proposal to pay back the $2.4 debt to Minnesota schools by closing tax loopholes that allow corporations to shelter profits overseas was Not enacted.
• Staff development revenue: Eliminated the statutorily-mandated method by which staff development funds must be distributed within a school district.
• School counselors: School districts are strongly encouraged to have an adequate student-to-counselor ratio for their students.
• Student testing: For the 2012-2013 and 2013-2014 school years only, students who have not successfully passed a basic skills test by the end of the 2011-2012 school year may satisfy the state's graduation math test requirement by: (1) completing all state and local coursework and credits required for graduation by the school board granting their diploma; and (2) fully participating in at least two retests of the math GRAD test or until they pass the test, whichever comes first.
• Teacher licensure: Teacher candidates will be required to pass the basic skills exam before being granted an initial teaching license. Current law allows a person who completes a teacher preparation program but does not pass the basic skills exam to receive up to three one-year licenses to teach under certain conditions.
• Teacher layoff practices: Vetoed—a requirement that the discharge or demotion of teachers be based solely on performance evaluations instead of seniority.
• No pay for felony-charged teachers: Authorized districts to suspend without pay a teacher charged with a felony pending a hearing. The district must reimburse the teacher for the salary and other compensation it withheld if the final decision does not result in penalizing, suspending, or discharging the teacher.
• Individualized learning: School boards authorized to enter into written education site achievement contracts with each site decision-making team for the purpose of setting individualized learning and achievement measures and short- and long-term educational goals for each student at that site. The goal is to recognize each individual student's educational needs and aptitudes and to promote individualized learning and assessment.
• High school to work transition: School districts are strongly encouraged, but not mandated, to assist all students by no later than grade 9 to explore their college and career interests, and develop a plan for a smooth and successful transition to postsecondary education or employment.
• Post secondary enrollment options (PSEO): (1) Extended PSEO to 10th graders who may take career and technical education courses at a Minnesota state college or university, provided the student has received a passing score on the 8th grade reading Minnesota Comprehensive Assessment. 10th graders who receive a grade of “C” or better in their PSEO course may take additional postsecondary courses for secondary credit; (2) post-secondary institutions may advertise or otherwise recruit a secondary pupil to enroll in its programs on educational grounds only; (3) students no longer must select whether a course is for secondary or post-secondary credit.
• Homeless students: A pupil who has been enrolled in a district, who is identified as homeless, and whose parent or legal guardian moves to another district, may continue to enroll in the nonresident district.
• Principal evaluation: Required 35% of a principal’s job performance evaluation to be based on student academic growth.
• Continuing education for retired principals: A retired school principal who serves as a substitute principal or assistant principal for the same person on a day-to-day basis for no more than 15 consecutive school days is not subject to continuing education requirements as a condition of serving as a substitute principal or assistant principal.
• General education revenue—early graduation: Eliminated that portion of a school district’s general education revenue that is attributable to students who graduate early.
• Integration revenue replacement: No action.
• Textbook aid: Expanded the allowable uses of nonpublic school textbook aid to include the purchase of any nonsectarian "software or other educational technology" including software, programs, applications, hardware, and any other electronic educational technology.
• Fund transfers: Extended through fiscal year 2015 the authority of school districts to transfer money from any fund or account to any other fund or account (excluding the community service fund and the food service fund). Such transfers may occur only after the school board has adopted a resolution declaring that the transfer will not diminish instructional opportunities for children.
• Military pay differential: Modified Minnesota's Pay Differential Program for school employees who, as members of the National Guard or other Reserves, are ordered into active military service. The goal of this change to more fully make up any lost salary due to their military service.
• Academic standards rule adoption: Vetoed—a proposal directing the commissioner of education to continue to revise and align the state's academic standards and graduation requirements, but prohibiting the commissioner from adopting the revised and realigned academic standards and graduation requirements in rule without first receiving specific legislative authority to do so.
• Unadopted rules: Vetoed—a directive to the commissioner of education to include with any policy, guideline, bulletin, or similar pronouncement that she issues to school districts that meet the definition of an administrative rule, but that have not been adopted as a rule, a notice to the districts that the pronouncement is not enforceable because it is neither a rule or a law.
• School trust fund lands: Created a new oversight process for the management of “School Trust Lands.” School trust lands are supposed to be managed in a prudent and profitable manner with the monetary proceeds from those management decisions (timber sales, lease revenue, etc.) used for the benefit of Minnesota’s public schools. Currently, the DNR manages those lands. The DNR has been criticized over the years for mismanaging trust lands. Consequently, a new oversight process was established.
• BWCA land swap—school trust fund lands: Authorized the exchange of all state-owned land located within the BWCA, including school trust land, for federally-owned lands within the Superior National Forest. This exchange is intended, in part, to bolster funding for Minnesota’s schools. The state owns 116,559 acres of land within the BWCA, 86,295 acres of which are school trust land. The exchange of school trust lands within the Boundary Waters Canoe Area would facilitate the mining, logging and leasing of that land thereby producing economic benefits for Minnesota's public schools.
• Mayoral control of schools: A proposal to grant the mayors of Minneapolis and St. Paul greater authority over their respective school districts by authorizing them to appoint the school board members was Not enacted into law.
• Parental interventions: A proposal to give parents of students attending a persistently low-performing school the power to compel the school district to implement one of four intervention models was Not enacted. The intervention models included: 1) replace the school principal and grant his/her replacement new authority to determine who is hired; 2) close the school and reopen it as a charter school; 3) close the school and transfer the students enrolled to a higher-achieving school in the district; 4) replace the principal and institute various instructional and staffing reforms.
• Joint school district delivery of programs and services: Established a five-year pilot project to improve student and school outcomes by allowing school districts to work together to provide innovative education programs and activities, and share district resources. Directed the education commissioner to select between three and six groups of school districts to participate.
• School bus crossing control arm: All school buses manufactured for use in Minnesota after January 1, 2013, must be equipped with a crossing control arm mounted at the right front corner of the front bumper. The arm must be automatically activated whenever the bus is stopped and using its flashing red signals.
• Prone restraints: Extended from August 1, 2012 to August 1, 2013 a school district’s authority to use prone restraints. Prohibited physical holding that restricts or impairs a child's ability to communicate distress, places pressure or weight on a child's head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's torso. Required the education department to collect data on districts' use of prone restraints and publish the data on the department Web site on a quarterly basis. Also directed the department to develop a statewide plan by February 1, 2013, to reduce districts' use of restrictive procedures, including prone restraints.
• Minnesota State High School League: Reduced from 180 to 90 the number of days during which a school must make a good faith effort to join an interscholastic conference before asking the Minnesota State High School League to help the school arrange conference membership.
• CPR and external defibrillator instruction: School districts directed to provide onetime CPR and automatic external defibrillator instruction as part of their grade 7 to 12 curriculum.
• Educating children in foster care: Efforts must be made to ensure that a child in foster care remains in the same school should the child move from one placement to another.
• Political activities by public school employees: A proposal directing school boards to develop and implement policies to ensure that publicly funded resources, such as materials, equipment, and facilities are not used by public employees for political purposes, such as advocating for the passage or defeat of any referendum question, was not adopted.
EARLY CHILDHOOD EDUCATION/CHILD CARE/CHILDREN/FAMILIES
• Early childhood development screening notice: Required school districts to expand upon the early childhood development screening notice that they already provide to a parent or guardian that spells out their right to decline to answer questions or provide information about family circumstances that might affect development and identification of risk factors that may influence learning. The notice must now also include the following statement: “Early childhood developmental screening helps a school district identify children who may benefit from district and community resources available to help in their development. Early childhood developmental screening includes a vision screening that helps detect potential eye problems but is not a substitute for a comprehensive eye exam."
Early childhood education scholarships: A proposal to authorize the use of low-income early childhood scholarships at any public or private early childhood preschool program was Not enacted. These funds can be restricted to use at a “quality-rated” program. The scholarship funding was cut $2 million in FY 13. Funding in FY 14 and FY 15 increased $1 million each year.
• Parent-child home program: Allocated $250,000 of the early childhood scholarship program funding specifically to the parent-child home program, which is a program in which educators visit low-income families at home to assist parents in the promotion of language development, literacy and school readiness in preschool age children.
• Child care assistance program absent days: Modified the absent day statute for families receiving child care assistance. Currently, under the child care assistance programs there is a limit of ten absent days per fiscal year for which child care providers may be reimbursed. That limitation was altered to allow children in families who meet specified criteria to exceed the ten absent day limit upon request of the program and approval of the county.
• Early childhood facilities: Required that 80% of the grants awarded by the commissioner of human services for the construction and rehabilitation of early childhood program facilities, crisis nurseries, and parenting time centers be distributed to facilities located outside of the seven-county metro area. No new funding provided.
• Child care providers: Vetoed—a prohibition on union dues or fair share fees being deducted from a child care provider’s assistance payments, even if a provider wishes to spend these funds, which they have earned and is part of their income, in that fashion.
• Visible Child Work Group: Established the Visible Child Work Group to identify and recommend issues that should be addressed in a statewide, comprehensive plan to improve the well-being of children who are homeless or have experienced homelessness.
• Crib safety: Expanded the existing crib safety requirements applicable to child care provider to include children’s residential facilities, chemical dependency treatment programs with children in care, and residential habilitation programs serving children with developmental disabilities.
• Child support judgments: Eliminated the provision providing for a 20-year survival of child support judgments. The judgment will now survive for ten years after its entry, which is similar to other judgments.
• Berumuda-child support enforcement: The Commissioner of Human Services directed to enter into a reciprocal agreement with Bermuda for the enforcement of child support obligations.
• Presumption of Joint physical custody: A proposal to dramatically change child custody proceedings was Not enacted. The proposal created a presumption that physical custody would be split almost equally between parents, replacing the “best interests of the child” standard with one in which the one parent would need to prove the other to be an unfit parent to overcome the presumption. A related proposal to increase the current rebuttable presumption of 25% minimum parenting time to 35 percent was vetoed.
HIGHER EDUCATION
• Textbook costs: Directed MnSCU to establish a work group to study methods to lower textbook costs for students, including the expanded use of e-books, and other technology-based innovative practices. Also, an instructor or department requiring a new printed textbook edition must notify students if a previous edition of the textbook, which is often less expensive, is acceptable as a substitute textbook for the course. The course syllabus must include details provided by the publisher of changes between editions of the textbook.
• MnSCU revenue bonding authority: Increased from $300 million to $405 million. These bonds can be issued for capital projects such as dormitories, residence halls, student unions, food service facilities, parking or other similar revenue-producing facilities.
• Public Safety Officer Survivor Educational Grant: Expanded the permitted uses of this grant to include graduate education. These grants are available to children and spouses of public safety officers killed in the line of duty and are used to offset higher education expenses.
• Government shutdown-MNSCU: Established a mechanism to keep MNSCU operating in the event of a government shutdown. The measure permits certain types of income, such as student tuition and fees, all federal receipts, aids, contributions, and reimbursements, to be used by the MNSCU system to continue operations in the event of a lack of agreement on the state budget.
• Regent selection: The Legislature elected Thomas Devine to serve on the University of Minnesota’s Board of Regents, replacing former legislator Steve Sviggum who resigned after the Board of Regents determined that Sviggum’s hiring by the Minnesota Senate created a conflict-of-interest.
• Regent selection—former legislators: A proposal to prohibit former members of the legislature from serving as a member of the University of Minnesota’s Board of Regents for a period of two years after leaving legislative office was Not enacted.
• Regent selection—students: A proposal to increase from one to two the number of members of the Board of Regents of the University of Minnesota who must be students was Not enacted.
• Alcohol sales at TCF Bank Stadium: Authorized the sale of alcohol at TCF Bank Stadium for Gophers and Vikings football games. For Gophers games the sales must be “at a location in the stadium that is convenient to the general public…” and must be available at that location to the general public at least through half-time. Sales in premium seating areas also permitted. Alcohol can also be sold in the premium seats at hockey and basketball games, but its sale is not required in the general seating areas.
TRANSPORTATION
• Speeding violations: Expanded the “Dimler” law to keep speeding violations off of a person’s driving record for going up to (and including) 10 mph over the speed limit in either a 55 mph zone or a 60 mph zone. Currently, the 10 mph exemption applies only in a 55 mph zone; a 5 mph exemption applies in a 60 mph zone. No exemption applies in 65 mph or 70 mph zones. This expansion will be in effect only from August 1, 2012 until August 1, 2014, after which an analysis will be conducted of the impacts on public safety, frequency of speeding, crash rates, travel time efficiency, etc. that are attributable to this expanded exemption.
• Use of shoulders by buses: Modified the law governing the authority for buses to operate on the shoulder of freeways (divided highways with full control of access) and expressways (divided highways with partial access control), so that counties, cities, and towns having jurisdiction over the road can authorize such use.
• Child passenger restraints in school buses: Eliminated an exception for certain lighter school buses from mandatory use of child restraints. Expanded eligibility for the Minnesota child passenger restraint and education fund, which is used to pay for child passenger restraint systems for families in financial need, to include school districts and child care providers that provide for the transportation of pupils to and from school using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds or less.
• Electric-assisted bikes: Modified the regulations for electric-assisted bicycles ("e-bikes"), to classify them as regular pedal-operated bicycles (instead of a subset of motorized bicycles, mopeds, or motorcycles) with respect to traffic regulations, riding rules, equipment requirements, registration, etc. Authorized the use of electric-assisted bikes on all pathways, trails, dedicated roadway lanes, shoulders, etc., on which bicycle use is permitted, including state trails managed by the Department of Natural Resources and paths created by local units of government like cities and park boards, unless it is determined that operation of the electric-assisted bike is not consistent with the safety or general welfare of trail users.
• Bicycle equipment: Authorized the use of studs on tires, and a front lamp that emits a white flashing light.
• Safe routes to school: Established, but did not fund, a “safe routes to school” program for capital investments for safe non-motorized transportation to and from school. Should the program be funded in the future, it will provide financial assistance for such things as installation of sidewalks and trails that would make walking or riding a bike to school more appealing or practical.
• Motorcycle road guard: Created a motorcycle road guard certificate under which a person issued such a certificate by the Commissioner of Public Safety can stop and hold traffic during a motorcycle group ride until it is safe for the vehicles to proceed.
• Pioneer plates: Modified the titling regulation of antique vehicles (those originally manufactured before 1936) that have been extensively restored, to allow the vehicle to bear a special "pioneer" license plate and obtain a title that says “restored” rather than “reconstructed.”
• Freight rail economic study: A Freight Rail Economic Development study will be conducted to assess the economic impact of freight railroads in the state and identify opportunities to expand business development and enhance economic competitiveness through improved utilization of freight rail.
• Southwest corridor LRT: Not funded. $25 million had been sought.
• Transit fare increase: No.
• Transit opt-outs: No expansion.
• Internet-based driver education: No authorization granted for the classroom/theory portion of driver’s education to be conducted over the Internet.
• Front license plate: A proposal to eliminate the requirement that motor vehicles have a front license plate was Not enacted.
• Government shutdown-highway construction: A proposal to establish an ongoing funding mechanism to cover the administration and costs of contracts in effect at the time of a government shutdown that relate to state road construction, operation and maintenance was not adopted.
HEALTH & HUMAN SERVICES
By limiting the “profits” of the HMOs who manage public programs the state saved $73 million, some of which was used to restore some of the cuts from the July 2011 budget agreement.
• Health insurance exchange: No action.
• Personal Care Attendants: Delayed until July 1, 2013 the 20 percent rate cut for PCAs who are caring for relatives.
• Intermediate Care Facility for Developmental Disabilities (ICF/DD) provider rate: Delayed until July 1, 2013 the contingent 1.67% provider rate decrease.
• Emergency medical assistance: Until June 30, 2013, expanded coverage to include dialysis services in a hospital or free standing dialysis facility; and surgery and the administration of chemotherapy, radiation, and related services necessary to treat cancer.
• Medical Assistance for Employed Persons with Disabilities (MA-EPD): Allowed eligible disabled persons to keep working past age 65 without forfeiting their savings or losing disability services.
• Corporate Foster Care Beds: Delayed the mandated 128 corporate foster care bed closure until after July 1, 2013. At that time, a statewide Needs Determination Process will be completed with the hope that beds can be closed voluntarily rather than through a mandate.
• Long-Term Care Consultations: Significant changes were made to the long-term care consultation process. Prospective residents are exempt from the consultation process under certain circumstances. The new law adds a consultation requirement for older adults exiting inpatient hospitalization.
• Low Needs Rate Cut: The 10 percent congregate care low-need cut will be reduced to five percent if federal financial participation for the alternative care program, a component of the Nursing Facility-Level of Care waiver, is approved by CMS.
• Mental health out-of-state placement: Services provided at out-of-state residential mental health treatment programs serving children who are deaf, deaf-blind, or hard of hearing are now covered under Medical Assistance provided certain conditions are met. Currently there are no facilities in Minnesota to meet these unique needs.
• Autism—foster care: Directed the commissioner of human services to work with counties to develop licensed foster homes for people with autism.
• Autism—housing with supports: The commissioner of human services directed to complete a study to determine one or more models of “housing with supports” that involve coordination or integration across the human services, educational, and vocational systems for children with autism. The study must examine recent efforts in other states to address the housing and long-term support needs of children with severe autism, including a campus model.
• Autism treatment: Directed the Health Services Advisory Council to review the efficacy of various treatments for autism spectrum disorder, including an evaluation of age-based variation in the appropriateness of existing medical and behavioral interventions.
• MFIP: A reduction in the maximum time limit a person can be on MFIP from 60-months to 36 consecutive months was Not enacted.
• Collecting data to study use of welfare EBT cards: When a person arrested is in possession of more than one EBT card, law enforcement must report to the
Commissioner of Human Services the name of the person and information about the cards in their possession. The Commissioner may use the data to verify whether the suspect is authorized to possess the cards.
• Limitation on use of EBT public assistance cards at certain ATM machines: ATM terminal located in or attached to a liquor store, tobacco store or tattoo parlor can’t be used to access benefits under GA or MFIP. This rule already applies to gambling establishments.
• EBT public assistance cards—tobacco & alcohol: A person found guilty of purchasing tobacco products or alcoholic beverages with their EBT debit card will be disqualified from MFIP, the diversionary work program, the work participation cash benefit program, the general assistance program, and the Minnesota supplemental aid program for one year after the first offense, two years after the second offense, and permanently after a third offense.
• EBT public assistance cards—out of state use: Use of the cash portion of an EBT card at vendors and automatic teller machines located outside of Minnesota, Iowa, North Dakota, South Dakota, or Wisconsin is now prohibited. Prohibition does not apply to the food portion of the EBT card.
• MFIP—drug convictions: Persons convicted of a felony-level drug offense within the previous ten years from the date of application or recertification must have their benefits for shelter and utilities paid in vendor form. Under current law, these people are already subject to: a) mandatory drug and alcohol testing; b) reduced benefits if they failed a drug test; c) permanent disqualification from receiving cash and food assistance for a second failed drug test.
• Public assistance eligibility & fraud investigations: The State Court Administrator will share with the commissioner of human services the names of people convicted of felony drug crimes, and the Department of Public Safety will share with the commissioner of human services information about people who have had their driver’s license cancelled due to possible fraud or whose temporary legal immigration status has expired. The goal of this information sharing is to ensure that only those individuals who are lawfully entitled to receive public assistance obtain it.
• Contraceptive insurance coverage: A proposal to require health plans to provide coverage for contraceptive methods, and not impose any co-pay on that coverage, was not adopted. (Health plans sponsored by religious employers would have been exempt from the requirement.)
• Positive alternative grants: Modified the eligibility requirements for positive alternatives grants by permitting an agency or organization in existence for at least one year as of July 1, 2011, rather than 2005, to be eligible for funding.
• Abortion—facility licensure: Vetoed—a requirement that facilities that perform ten or more abortions each month be licensed by the Department of Health.
• Abortion-inducing drugs: Vetoed—a requirement that RU-486, or any other drug used to induce an abortion, be administered in the same room and in the physical presence of the prescribing physician.
• Nurse licensure compact: Not enacted.
• Health care compact: Vetoed—legislation entering Minnesota into a health care compact, which would create an alliance with other states to ask Congress to “return the authority to regulate health care to the member states…” Approval by Congress would give the legislature the authority to suspend any federal laws related to health care, which could include opting out of programs such as Medicare and Medical Assistance.
• Unified Personal Health Premium Accounts: Vetoed—legislation authorizing the creation of trust accounts that people could establish to receive money from multiple employers, family members or others for the payment of health insurance premiums.
• Financial audit of HMOs: Require an independent third-party financial audit of managed care and county-based purchasing plans that provide care for enrollees in state public health care programs to ensure cost-effectiveness and program integrity.
• Health professional disciplinary action: The various state health-related licensing boards, such as the Board of Medical Practice, and the Board of Nursing; and the commissioner of health, as the regulator for certain other health care professions are required to post on their Web sites the name of each regulated individual who has: (1) a felony or gross misdemeanor conviction occurring after July 1, 2013 in any state or jurisdiction; (2) a malpractice judgment occurring after July 1, 2013 in any state or jurisdiction; or (3) any disciplinary or corrective action or restriction of privileges taken against the individual's license in this state or any other jurisdiction. The Web site must identify the basis for the disciplinary action and the type of action taken.
• Health professional background checks: The various state health-related licensing boards, along with the commissioner of health, directed to study and make recommendations for establishing criminal history background check requirements on all health-related licensees and applicants. The study will examine such things as the circumstances under which a criminal record will disqualify an individual from licensure or working in a specific regulated occupation.
• Board of Medical Practice—corrective action: Expanded the public data classification of “disciplinary” action to include any “corrective action” taken by the Board of Medical Practice. “Corrective actions” can include written agreements between a board and a licensee to comply with a certain rule or regulation which, if not followed may result in “disciplinary” action.
• Health licensing fees: Fees collected by the various state health-related licensing boards, and by the commissioner of health, as the regulator for occupational therapy practitioners, speech-language pathologists, audiologists, and hearing instrument dispensers, can only be used to pay the costs associated with the regulation of those occupations and professions. The legislature may not transfer money generated by those fees to the general fund to be spent on unrelated state activities.
• Board of Medical Practice Review: The Legislative Auditor requested to conduct a special investigation of the Minnesota Board of Medical Practice and its implementation of the Medical Practice Act.
• Medical Practice Act: The commissioner of health directed to convene a working group to evaluate the state’s Medical Practice Act to ensure that it effectively protects the safety and well-being of the citizens of the state and allows transparency.
• Dentistry guest licenses: Authorized the Board of Dentistry to grant a guest license to a dentist, dental hygienist, or dental assistant provided certain conditions are met, such as the provider agreeing to treat indigent patients. Current law allows these licenses to be granted only to individuals who practice in North Dakota, South Dakota, Iowa, or Wisconsin. Also authorized the board to grant a guest license for volunteer service to a dentist, dental hygienist, or dental assistant who will provide care for patients without compensation for a limited time. The patients must have difficulty accessing dental care.
• Community paramedics: Medical Assistance coverage provided for certified “Emergency Medical Technicians-community paramedics” (EMT-CP). Services provided by EMT-CPs include interventions intended to prevent avoidable ambulance transportation or hospital emergency department use, such as the performance of minor medical procedures, initial assessments, care coordination, and the monitoring of chronic disease management directives.
• Grants to EMS: Authorized cities and towns to make grants to emergency medical services agencies that serve their communities.
• Public Employees Insurance Plan (PEIP): Vetoed—a restriction on the current authority of “exclusive representatives” (local bargaining units) to determine whether the employees it represents will participate in the PEIP program by requiring approval of the employer (city, county, school district) and a majority of all insurance-eligible employees of the bargaining unit.
CAPITAL INVESTMENT/JOBS/EMPLOYMENT LAW
• Bonding: A $496 million bonding package was adopted to improve Minnesota’s public infrastructure. Investments were made in: MNSCU; the U of M; wastewater treatment infrastructure; flood hazard mitigation; dam repair & removal; RIM; the development of Lake Vermillion State Park; parks & trails; local roads & bridges; Greater MN transit; rail and port improvements; libraries, the Minnesota Zoo, and the State Capitol, among other entities.
• Asset preservation: As with previous “bonding” bills, a focus of this year’s capital investment bill was the maintenance of the state’s infrastructure (i.e. “asset preservation”). Asset preservation investments were made all across Minnesota in a variety of areas including, higher education, military & veterans’ affairs, corrections, human services, historical society, and other state agencies. "Asset preservation," refers to the basic repair and renewal of state buildings to ensure they are safe, accessible, and functional. Asset preservation includes roof, window and door repair and replacement; mitigating safety hazards; code compliance projects; elevator repair; abatement of hazardous materials; mechanical and utility repairs/upgrades; HVAC improvements, sewer repairs, etc. One goal of asset preservation is to reduce long-term facility costs by attending to preventive maintenance needs (i.e. replace an aging roof before it begins leaking and water damages the interior of the building).
• Greater MN Business Development Public Infrastructure Grant Program: $6 million allocated to assist counties or cities in Greater Minnesota with the capital costs of public infrastructure (sewers, utility extensions, water supply systems, wastewater treatment systems, etc.) that are necessary for economic development projects. The purpose of the grants is to keep or enhance jobs in the area, increase the tax base, and to expand or create new economic development in the areas of manufacturing; technology; warehousing and distribution; research and development; and agricultural processing.
• Business Development Through Capital Project Grant Program/Mayo Civic Center: $47.5 million allocated for a new competitive grant program for local units of government. The program is structured so that it is very broad in the types of projects that are eligible for funding and the governmental units that may apply. The projects must, however, be consistent with constitutional uses for general obligation (GO) bonding. Bonding for the Mayo Civic Center renovation was recommended for the House or Senate bonding bills, but this fund was touted as providing an alternative source to fund the project.
• Capitol restoration: $44 million allocated to begin the process of repairing and restoring the State Capitol.
• Vikings stadium: Passed.
• Housing: $35.5 million for supportive and public housing needs, and the acquisition and remediation of foreclosed properties that will be used for affordable rental housing
• Restoration of Peace Officers’ Memorial on the Capitol Grounds: Yes.
• Lutsen Ski Resort-water draw: Established a Lake Superior-Popular River Water District. Made the District eligible for funding through the Greater MN Business Development Public Infrastructure Grant Program in order to acquire easements and other interests in real estate; and to engineer, design and construct projects to transport and treat water from Lake Superior through the Poplar River Valley to serve domestic water users, irrigation water users, and commercial, stock watering, and industrial users, including Lutsen Ski Resort. State funding must be matched by at least $1.2 million from non-state sources.
• Prevailing wage: The formula for computing the “prevailing wage” payable on projects that are funded, in whole or in part, with state funds was not modified.
• Freeloader legislation aka Right to Work: A proposal to permit workers to benefit from union representation without being required to pay for these benefits was not enacted.
• Independent contractors: Adopted an initiative to aid in the prevention of employers from misclassifying workers as “independent contractors” in order to avoid responsibility for such things as workers’ compensation insurance, unemployment insurance, and employment taxes.
• Small business advocate: Established a small business advocate office within the Business Assistance Center to provide one-stop access for small businesses in need of information or assistance in obtaining or renewing licenses, meeting state regulatory requirements, or resolving disputes with state agencies.
• Advisory inspections: State agencies directed to provide “advisory inspections” upon request of a person/business who is trying to comply with state law.
• Jobs Now Tax Credit: Governor Dayton’s proposal to provide a $3,000 tax credit for each unemployed Minnesotan, veteran or recent graduate hired in 2012, and a $1,500 credit for each new hire though June 2013 was Not enacted.
• “Bridges to Work” pilot program: Not established. It provided for up to 5,000 unemployed workers to receive up to eight weeks of paid job training with an employer without losing their unemployment insurance benefits.
PUBLIC SAFETY
• Disaster relief: $235,000 allocated to provide a match for FEMA disaster assistance to state agencies and local units of government as a result of the 2010 spring flooding.
• Safe Place for Newborns: Expanded the locations where a parent or other person, with the mother’s permission, may anonymously drop off a newborn shortly after birth without fear of criminal prosecution for abandoning the child. In addition to hospitals, newborns can now be left at 24-hour urgent care centers, and with ambulance personnel dispatched in response to a call via 911. Also, increased from 72 hours to seven days the timeframe in which an infant can be dropped off.
• Fire Safety Account: $4.5 million appropriated from the fire safety account. The money in this account is raised from a charge on homeowners’ insurance policies and is intended to be used for firefighter training and other fire prevention related initiatives. The charge on homeowners’ policies reduced effective July 1, 2013. After 2015 eliminated future scheduled transfers from the account to the general fund.
• Civilly committed sex offenders—community notification: Requires community members to be notified when a sex offender is released from the Minnesota Sex Offender Program (MSOP) into a residential facility.
• Vulnerable adults—new felony level sanction for neglect: Created a new felony-level sanction for a caregiver to intentionally deprive a vulnerable adult of necessary food, clothing, shelter, health care, or supervision, when the person is reasonably able to make the necessary provisions.
• Restraint of a child: Modified the crime of “unreasonable restraint of a child” by reducing the resulting level of harm required for a felony offense to be applicable.
• Domestic abuse enhanced penalties: Expanded the list of “qualified domestic violence-related offenses” to include female genital mutilation (FGM). This expansion will permit stiffer criminal sanctions to be imposed against people charged with various crimes if they have a previous FGM conviction. The crimes for which the penalties could be enhanced include: violation of an order for protection, restraining order, or no contact order; stalking; domestic assault; and fifth-degree assault.
• Open juvenile court hearings: No change in the standard governing the opening of juvenile delinquency hearings to the public.
• Firearms—deadly force—“Castle Doctrine”: Vetoed—an expansion of the authorized use of deadly-force as a means of self-defense; and the recognition of all “permits to carry” issued by other states or other non-Minnesota governmental jurisdictions regardless of the eligibility criteria of those states or jurisdictions.
• Firearms—county attorneys: Authorized a county attorney, or an assistant county attorney to carry a firearm while on duty provided they lawfully possess a permit to carry a pistol issued under Minnesota’s “conceal carry” statute. However, this authority can be restricted by the chief county attorney. The new law does not supersede a judge’s inherent judicial authority to ban weapons in the actual courtroom or judicial complex.
• Forfeited firearms: Authorized law enforcement agencies to earn more money from forfeitures by selling forfeited weapons, including firearms, to federally licensed firearms dealers. Current law requires contraband weapons that are forfeited to be destroyed unless the agency uses them for law enforcement purposes.
• Silencers: Created an exception to Minnesota’s prohibition on the sale and possession of firearm silencers. Authorized federally licensed firearms importers, manufacturers, and dealers (FFLs) may possess silencers for the purpose of selling them to: (1) federal, state, or local government agencies; (2) units of the U.S. Armed Forces; and (3) other FFL licensees.
• Crimes committed against prosecuting attorneys: No enhanced criminal sanctions for causing the death of or assaulting a prosecuting attorney.
• Search warrant authority: Granted members of the Department of Corrections’ Fugitive Apprehension Unit the authority to apply to the court for a search warrant.
• Victim notification: Victims who want to be informed when their offender is released from prison or a secure hospital can now receive that notification electronically if they so desire.
• Challenge Incarceration Program (CIP): Further restricted the class of offenders who are eligible for the Department of Corrections' “boot camp” (Challenge Incarceration Program), which provides a mechanism for an offender’s early release.
• Jacob’s Law: Granted each party to a custody order the right of access to police reports about the parties' minor children, and the right to be notified by the other parent if a child is the victim of an alleged crime. That right includes the right to the name of the investigating law enforcement officer or agency.
• Violations of restraining orders: Made it easier to prosecute violations of restraining orders that occur in multiple counties. Now, a person who commits violations in two or more counties may be prosecuted for all of the acts in any county in which one of the acts was committed. In addition, a person may be prosecuted at the place where any call is made or received or, in the case of wireless or electronic communication or any communication made through any available technologies, where the actor or victim resides.
• Gang activity: Under current law, a criminal gang that continuously or regularly engages in gang activity is deemed to be a public nuisance. As a result, a prosecutor may seek, and a court may enter, an order enjoining persons from engaging in gang activity. This bill expands the list of offenses that constitute "gang activity" to include unlawful possession of a firearm by a minor.
• Gas drive offs: Modified the criminal theft statute to assist in the prosecution of gas drive offs. Also, authorized the gas stations’ trade association to assist gas station retailers in the collection of the cost of the fuel and related service charges from the “drive-off” driver.
• Synthetic drugs/cannnabinoids: Strengthened Minnesota’s drug laws to better combat the problem presented by synthetic drugs. For example, increased the penalty for the sale of synthetic cannabinoids from a gross misdemeanor to a felony.
• Color of sheriff’s vehicles: Expanded the list of allowable main colors of county sheriffs’ office vehicles to include black or gold. Currently, those vehicles must be predominantly brown or white.
• Civil forfeiture: Made a variety of modifications to the laws governing forfeiture. For example, prohibited forfeited property from being sold to the prosecuting authority or any person related to them by blood or marriage.
• Civilian review authorities: Prohibited civilian review authorities from: (1) making “findings of fact” or determinations about police complaints, and (2) imposing discipline on peace officers. Civilian review authorities authorized to make advisory recommendations about police misconduct complaints.
• Phony liens: Established a felony sanction for filing phony liens and related documents in order to retaliate against a sheriff, deputy sheriff, or county recorder due to those public officials’ performance of their official duties in connection with a sheriff's sale or the filing of lawful real property liens against the offender.
• Careless driving: A proposal to increase the criminal penalty for careless driving that results in the death of another person was Not enacted.
• Capitol security I: The commissioner of public safety authorized to require the State Patrol to provide protection to Supreme Court justices, legislators, and constitutional officers in response to a credible threat on the individual's life or safety.
• Capitol security II: Established an advisory committee on Capitol Area Security in order to enhance the safety of the Capitol Area Complex.
• Prison gardens: An inmate gardening program will be instituted at those state correctional facilities where space and security allow for the operation of a garden. Inmates will help grow their own food. Any portion of the harvest that cannot be used to feed inmates will be donated to food shelves and charities.
• Fallen Firefighters Memorial Day: Moved the date designated for Fallen Firefighters Memorial Day from the first Sunday in October to the last Sunday in September.
• Soft body armor: $472,000 appropriated to reimburse law enforcement officers and local units of government who purchase bullet-resistant vests.