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2012 Legislative Summary - Part 2

ENVIRONMENT & NATURAL RESOURCES
• Environmental permitting efficiency: Modified the permitting goals established last year, to ensure that PCA and DNR environmental permits are issued more efficiently.
• Environmental “permitting professionals”: Authorized permit applicants to hire "permit professionals" to assist with the permitting process by, among other things, preparing the permit application and draft permit.
• Minnesota Business First Stop--environmental permits: “Minnesota Business First Stop,” a multi-state agency collaboration, will help ensure the coordination, implementation and administration of state permits. A person proposing a project may apply to the Minnesota Business First Stop for assistance in obtaining the necessary state permits and other approvals.
• Alternative form of environmental review: Authorized the commissioners of the PCA and the DNR to jointly conduct a pilot program for an alternative form of environmental review.
• Government shutdown—environmental permits: Did not enact a proposal that provided if a budget to fund air, water, and land programs at the PCA and/or DNR were Not enacted by the necessary budget deadline, existing permits could not be terminated or suspended if the terms of the permit and all laws and rules are met, regardless of the state's capability to review, or process fees, reports, or other filings.
• Outdoors, arts & cultural heritage constitutional amendment: In the 2008 general election voters approved a constitutional amendment to increase the state sales tax 3/8 of 1% to fund various priorities, including outdoor initiatives, clean water programs, parks and trails, and arts & cultural heritage. This year the Legislature appropriated $99.9 million for outdoor heritage projects; $6 million for clean water; and $1.6 million for the arts and cultural heritage. No new funding for parks and trails provided this year.
• Lessard-Sams Outdoor Heritage Council: The "Lessard-Sams Outdoor Heritage Council" (LSOHC) advises the Legislature on how best to utilize the outdoor heritage funding that results from passage of the constitutional amendment (see above). The council is made up of private citizens and legislators. This year the council made $99.9 million in recommendations, which were adopted by the Legislature almost in full. Thirty-three projects or programs were funded. They are located in approximately 73 of the state’s 87 counties and include activities such as: protection and restoration of prairies & grasslands; shoreline habitat protection; shallow lakes and wetlands enhancement and restoration; restoration and enhancement of in-stream and riparian fish and wildlife habitat in coldwater streams; and forest wildlife habitat protection and enhancement. Approximately 129,000 acres will be acquired, restored, or enhanced.
• Mississippi River Northwoods Habitat Complex: $11 million appropriated from the outdoor heritage fund to acquire land along the Mississippi River in Crow Wing County to be added to Crow Wing State Forest.
• Reinvest in Minnesota (RIM): $13.8 million appropriated to acquire permanent conservation easements and restore wetlands and associated upland habitat in cooperation with the United States Department of Agriculture Wetlands Reserve Program.
• Aquatic invasive species control—research & barriers: $3.8 million appropriated from the environmental trust fund and the clean water fund for research on aquatic invasive species that threaten our state’s lakes, rivers, streams, wetlands, and other aquatic habitat. Also appropriated $7.5 million to construct and evaluate structural deterrents, such as electric fish barriers, to protect against Asian carp.
• Invasive species control—sanctions: Doubled the civil fines for a first violation of failing to comply with the laws governing the transporting or introduction of invasive species into Minnesota’s waters, such as failing to remove drain plugs, open valves, or drain water from water—related equipment when leaving waters of the state or when transporting the equipment. In addition, created a new level of fine for a second or subsequent offense. Those fines will be twice the amount of the fine for a first offense.
• Invasive species control—prevention course and trailer decal: Effective July 1, 2015 a person will be prohibited from transporting watercraft or water-related equipment with a trailer unless the person has an aquatic invasive species trailer decal adhered to the side of their trailer. The decal will be issued to them upon satisfactorily completing an educational course on how best to prevent the spread of aquatic invasive species when moving watercraft or water-related equipment.
• Invasive species control—inspection delegation: The DNR commissioner granted authority to enter into “delegation agreements” with tribes or local units of government to grant them aquatic invasive species inspection authority.
• Government shutdown-state parks: A proposal to ensure that state parks and recreation areas remain open for camping and other recreational activities in the event of a future government shutdown was Not enacted.
• Privatization of state parks: The DNR directed to prepare a report about the long-term use, expansion, funding and administration of Minnesota's system of state parks, recreation areas, trails, and state forest day use areas. At a minimum, the report will examine long-term funding options in order to reduce reliance on state general fund appropriations used to maintain and operate these recreational activities. Such options could include privatizing or “repurposing” Minnesota’s state parks, day use areas, etc.
• Water quality standards: Not adopted—a prohibition on state water quality standards being more restrictive than federal standards.
• Wetlands Conservation Act: Eased restrictions in the Wetlands Conversation Act governing draining wetlands. In certain situations, increased the “de minimus” area of a project that does not require a wetland replacement plan.
• Disability park pass: Expanded the discounted rate for state park admission, parking and campsite use to those who are permanently disabled and possess the federal government’s park access pass. This change was necessary because the state’s discount is currently available only to those with disability vehicle license plates, which not all people with disabilities possess.
• Wolf season: Authorized the taking of wolves by firearms; bow and arrow; and trapping. The open season to take wolves by firearms will begin on the same day as the opening of the firearms deer hunting season. The DNR commissioner authorized to establish where wolves may be taken; the daily and possession limits; an annual quota; and a limit on the number of persons that may hunt or trap wolves in an area, if it is necessary to prevent an overharvest or improve the distribution of hunters and trappers. A wolf management and monitoring account funded by wolf license fees established to support wolf management, research, damage control, enforcement, and education.
• Game and Fish license fees: Increased. Increased various DNR license fees in order to financially shore up the Department of Natural Resources’ Game and Fish Fund which is used to support game and fish initiatives. For example, increased resident fishing licenses from $17 to $22; married couple fishing license from $25 to $35; and individual resident deer hunting licenses from $26 to $30.
• Government shutdown-electronic game & fish license purchases: Game and fish licenses will be able to be bought electronically should there be a future government shutdown (the Freedom to Hunt and Fish Act of 2012).
• Venison donation program: Retained. However, most of the donations and license surcharges that have been paid by hunters in the past to help fund the costs of processing deer donated to food shelves will now be used to fund a walk-in access program (see below). Also, a proposal to exempt from the food-safety laws venison donated for charitable purposes was not adopted.
• Walk-in access program: Established a walk-in public access program to provide public access to private land for hunting (not trapping). A person purchasing an annual small game license may agree to add a $1, $3, or $5 donation to the license fee to help pay for the administration of the walk-in program. In addition, most of the donations and surcharges that are currently used to support the venison donation program were transferred to the walk-in access program (see above).
• Hunters with disabilities: Authorized a hunter with a physical disability who has a verified statement of the disability from an approved health care provider to use a swivel or otherwise mounted firearm or bow, or any electronic or mechanical device, to discharge a firearm or bow as long as the participant is physically present at the site.
• Hunter satisfaction survey: The DNR will administer a hunter satisfaction survey to assess such things as hunter preferences, barriers to participation, interests, etc.
• Scopes on muzzleloaders during the muzzleloader season: Not enacted.
• DNR mission: Expanded the DNR’s mission to include the planning and implementation of activities designed to recruit new outdoor recreation participants, including youth, women, and minorities, and retain existing participants. This includes participants such as anglers, hunters, trappers, and campers.
• Shooting range accessibility: A publicly owned or managed shooting range located in the seven-county metropolitan area, such as a police shooting range, must be made available at least twice during the spring and twice during the summer for use by participants in a Minnesota DNR firearms safety instruction course. This requirement does not apply to the cities of Minneapolis and St. Paul or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders. Vetoed.
• Animal body-gripping traps: Prohibited, except as a waterset, the use of certain types of body-gripping or conibear-type traps on public lands and waters unless certain conditions exist, such as the trap being elevated at least three feet above the surface of the ground.
• Nonresident trapping: A proposal to remove the restriction limiting nonresident trapping to only land owned by the nonresident trapper was Not enacted.
• Temporary drawdown of public waters: Authorized the temporary drawdown of shallow lakes for fish, wildlife, or ecological management purposes, provided the DNR has conducted a public hearing presenting a comprehensive management plan outlining how and when the drawdown will be conducted.
• State land reforestation: $2.5 million for planting, seeding and other reforestation activities.

ENERGY
• Water conservation rate structures: Eliminated a requirement that public water suppliers serving more than 1,000 people adopt conservation rate structures. Conservation rate structures are rate structures that encourage conservation, such as excess usage rates, etc. Suppliers must, however, encourage water conservation.
• PUC commissioner confirmation: Senate rejected the confirmation of Governor Mark Dayton’s appointment of former State Senator Ellen Anderson to the PUC.

AGRICULTURE
• Minimum ethanol content: Extended from August 30, 2013 to August 30, 2015 the date by which nearly all gasoline sold in Minnesota must contain 20 percent ethanol (commonly referred to as "E20," or a blend of 80 percent gasoline and 20 percent ethanol). Currently, state law requires a ten percent ethanol blend (i.e., E10) for most gasoline sold in the state. With few exceptions, if you fuel up in Minnesota you are purchasing E10.
• Next generation biofuel blends: The NextGen Energy Board directed to provide the legislature an analysis of the next generation of biofuels that can be blended with gasoline or other energy sources. The board will provide policy recommendations for updating Minnesota's biofuels mandates.
• Raw milk: A proposal to permit dairy farmers to sell raw milk directly to consumers at farmer's markets, farm stands, private buying clubs, community fairs, a consumer's residence, etc. was Not enacted. Current law only permits consumers to purchase raw milk directly at the farm where the milk is produced.
• Food safety: Granted the Department of Agriculture new civil and administrative penalty authority for food safety violations.
• Good manufacturing practices (GMP): Established a voluntary “certification of good manufacturing practices” for commercial feed and feed ingredients. The new law will allow the Minnesota Department of Agriculture to conduct the needed inspections at a manufacturer’s request and issue a GMP certificate. The certificate will enable Minnesota manufacturers to export their products to countries that require such a certification, such as Brazil.
• Agricultural Micro Loan Pilot Program: Established a new Micro Loan Pilot Program to assist women, minorities, people with disabilities and immigrants. Loans of no more than $10,000 will be provided to qualifying borrowers to help finance the production of specialty crops (such as annuals, flowers, perennials, and other horticultural products that are intensively cultivated), and qualifying livestock (poultry that has been allowed access to the outside, sheep, or goats).
• Home garden seeds: Modified existing law to permit the packaging of vegetable and flower seeds intended for home gardens to show the number of seeds in the package, and not just the net weight of the seeds. The measure is intended to give consumers more meaningful information about what they are buying.
• Dairy research: Established the “Dairy Research, Teaching, and Consumer Education Authority” to secure, design, develop, and operate a facility to advance the dairy industry.
• GMOs: Not enacted—a proposal to require the Commissioner of Agriculture to conduct an evaluation of the options to provide food label information to consumers about the use of genetically engineered organisms in food sold in Minnesota.
• Industrial hemp I: Commercial hemp production not authorized.
• Industrial hemp II: Not enacted—a measure to require the Commissioner of Agriculture to submit a proposal to the legislature detailing how to expeditiously legalize and regulate industrial hemp as an agricultural crop once the U.S. Drug Enforcement Administration authorizes a person to commercially grow industrial hemp in the United States.
• Cuba: Not enacted—a directive to Minnesota’s Governor and Commissioner of Agriculture to urge the President of the United States and Minnesota's congressional delegation to remove unnecessary trade, financial, and travel restrictions to Cuba in an effort to promote agricultural exports.
• Mental health counseling: Expanded eligibility for mental health counseling to include farmers or their families who are located in any rural area declared a disaster by FEMA or the U.S. Department of Agriculture.
VETERANS SERVICES/MILITARY AFFAIRS
• MN Veterans Homes: $4.36 million for improvements at the Minneapolis Vets Home, including a new skilled nursing building.
• County Veteran Service Officers: $200,000 allocated for community outreach to all eligible veterans regarding the availability of benefits they have earned and especially those relating to posttraumatic stress disorder.
• Minnesota Assistance Council for Veterans: Increased funding $100,000 to the Council to provide assistance to veterans and their families who are homeless or in danger of homelessness, including housing, utility, employment, and legal assistance.
• GI Bill expansion: Directed the Commissioner of Veterans Affairs to develop and implement an apprenticeship and on-the-job training program within the confines of the Minnesota GI Bill. The program will provide up to: (1) $2,000 per year for apprenticeship expenses; (2) $2,000 per year for on-the-job training; (3) $1,000 for a job placement credit payable to an eligible employer upon hiring a person participating in the program; and (4) $1,000 for a job placement credit payable to an eligible employer after a program participant has been employed by the employer for at least 12 consecutive months as a full-time employee. No more than $3,000 in aggregate benefits can be paid to or on behalf of an individual in one year, and not more than $9,000 in aggregate benefits can be paid to or on behalf of an individual over any period of time.
• Honor Guards I: Under current law the Commissioner of Veterans’ Affairs is authorized to pay up to $50 to a local unit of a congressionally chartered veterans organization as compensation for providing honor guards at the funerals of veterans. The Commissioner also has the discretionary authority to give priority in awarding the available funding to local units that do not have charitable gambling operations. This legislative session the commissioner’s discretionary authority to prioritize the awarding of grants in that manner was eliminated.
• Honor Guards II: $100,000 appropriated for honor guards at the funerals of vets.
• Honor Guards, Color Guards, Marching Bands: Increased from $35 to $50 the per diem stipend lawful gambling organizations are authorized to pay to each member of a military marching band, color guard, or honor guard unit for each performance by the unit in Minnesota or its contiguous states.
• Reemployment rights I: Minnesota law currently protects the re-employment rights of any member of the Minnesota National Guard - irrespective of whether the person is a Minnesota resident or non-resident - who while employed within Minnesota is ordered into active military service by order of the Governor of Minnesota. However, these protections do not apply when the mobilization is by order of the Governor of any other State, even though the person's civilian employment is located within Minnesota. Minnesota law was modified to cover that situation by applying these protections to the Minnesota civilian jobs of the National Guard members of any State, both Minnesota residents and nonresidents alike (so long as the person's civilian job is located within Minnesota).
• Reemployment rights II: Public employees granted leaves of absence without pay, but with the right of reinstatement, during convalescence for an injury or disease incurred during active service.
• Public employment veterans’ preference credit: Increased from five to ten points the credit awarded to nondisabled veterans on the competitive open examination rating; and from ten to 15 points the credit awarded to disabled veterans.
• County veterans preference: County boards authorized to establish a veterans preference program to provide up to a six percent bid preference for awarding contracts to designated veteran-owned small businesses for the procurement of technical and nontechnical goods and services including, but not limited to, printing and construction projects.
• Veterans preference-noncompetitive hiring: Authorized the hiring of a disabled veteran to a vacant position in classified service of state government on a noncompetitive basis, provided that the veteran has a service-connected disability of 30 percent or more; and is qualified for the position.
• Permissive private employment preference: Authorized, but did not require, private employers to grant a hiring and promotion preference to a veteran, a spouse of a disabled veteran who has a service-connected permanent and total disability, and to a surviving spouse of a deceased veteran without fear of running afoul of state and local employment discrimination laws.
• Right to sue the state: The Eleventh Amendment to the U.S. Constitution prohibits a state from being sued in federal court, unless the state has explicitly consented to being sued. This “sovereign immunity” has meant that in some circumstances service members and veterans who are state employees are unable to exercise employment law rights that are granted by federal law, because cases alleging violations of federal law must be brought in federal court. This session the Legislature waived the state’s immunity to being sued in federal court for claims arising out of the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA is a major federal law designed to protect service members' reemployment rights when returning from a period of service in the uniformed services, including persons called up from the reserves or National Guard; it also prohibits employer discrimination based on military service or obligation.
• Military awards: The Governor granted the authority to award “suitable marks of distinction” (i.e. medals or awards) to nonmembers of the state’s military forces (National Guard) for distinguished service or support to the military forces of Minnesota.

GOVERNMENT OPERATIONS
• The MAGIC Act: The Minnesota Accountable Government Innovation and Collaboration Act (MAGIC) was not adopted. Under the proposal counties would have been authorized to request a waiver to bypass state regulations, mandates, and statutory restrictions and come up with their own solutions to various problems on a pilot project basis.
• Fund transfer-construction inspections: Eliminated future scheduled transfers of money from the construction code fund to the general fund effective 2015. The construction code fund gets its funding from inspection fees. That funding is intended to be used for specific inspection purposes. However, some of those funds are currently being transferred to the General Fund for use on state services unrelated to inspections. Raiding various dedicated funds such as this one is a tactic that has been employed in recent years to balance the state budget.
• Government shutdown—lights on: A comprehensive proposal to prevent a future government shutdown by continuing all state funding in the event of a lack of agreement on the state budget was Not enacted. In addition, numerous bills to continue specific state operations in the event of a shutdown were Not enacted. Among the operations addressed by the various proposals: electrical inspections; environmental permitting; the Racing Commission, Gambling Control Board, and State Lottery; state parks and recreation areas; the Minnesota Zoo; alcohol purchases by licensed retailers; and DOT construction projects. However, proposals to keep funding flowing to MNSCU, and to ensure that “Game and Fish” licenses can be bought electronically (the Freedom to Hunt and Fish Act of 2012) were Enacted.
• Legislative immunity: Under the Minnesota constitution, a legislator can avoid arrest during the legislative session unless the offense constitutes treason, a felony, or a “breach of the peace.” A proposal to clarify in statute that DWI offenses constitute breaches of the peace for which no legislative immunity would be granted was Not enacted.
• Employee gain-sharing: Increased the financial incentive in the employee gain-sharing program. The gain-sharing program rewards state employees with a bonus if their suggestion or involvement in a project results in a documented cost-savings to the state. The bonus may now be up to $50,000. Previously, the law capped the bonus at up to 10 percent of the savings up to a maximum of $1,000 for an individual or $2,500 for a group of employees. The award will continue to be paid from the savings generated by the suggestion.
• Pension fund interest rate assumption: Lowered from 8.5% to 8.0% for five years the preretirement assumed rate of return used to calculate the long-term fiscal health of the Minnesota’s public retirement plans. The change was made to ensure that the pension funds have a more realistic assessment of their unfunded liabilities.
• Expired public sector collective bargaining agreements: Vetoed—a measure providing that contracts may not continue in effect after the expiration date stated in the contract, and the parties to the contract may not agree to extend or honor a contract term beyond that date if the contract term would: (1) provide a wage or salary increase; or (2) provide an increase in the dollar amount of the employer contribution for insurance benefits.
• Public employee definition: Vetoed—a modification to the definition of what constitutes a “public employee.” The Public Employment Labor Relations Act (PELRA) defines the "public employees" who are covered by the PELRA law. Only those persons defined as "public employees" are included in bargaining units established under the act. Under current law, employees who are full-time students working on a temporary or seasonal basis in positions that are not for more than 100 working days in a calendar year are excluded from the definition of "public employee." But this exclusion applies only if the employee is under the age of 22. A proposal was Vetoed to strike the reference to "under the age of 22" so that all full-time students working on a temporary or seasonal basis for not more than 100 days in a year would be excluded from PELRA coverage, regardless of age.
• Negotiations to avoid layoffs: If the commissioner of management and budget determines that layoffs of executive branch employees may be necessary, the commissioner may request union representatives to negotiate modifications to the collective bargaining agreements that would allow appointing authorities to implement unpaid leave and reductions in hours, instead of imposing layoffs.
• Outside contracting: Vetoed—a grant of authority to the Department of Administration to outsource waste removal without determining that no current state employee is able and available to perform the services.
• E-Verify: Vetoed—a requirement that all employers in the legislative, executive, and judicial branches to use the federal E-Verify program for all newly hired employees.
• Administrative rules—legislative approval: A proposal to require “major rules” adopted by state agencies to come under legislative review before they take effect, and every two years thereafter was not adopted. A "Major rule" means a rule that has significant adverse financial impact on businesses or consumers.
• Administrative rules: Required the “statement of need and reasonableness” that state agencies must prepare to justify adoption of a proposed administrative rule to include an assessment of the cumulative effect of the proposed rule with other federal and state regulations related to the specific purpose of the rule.
• Administrative rules—approval by governor: A measure to require the governor to approve an administrative rule before its final enactment was not adopted.
• Administrative rules—ALJ decisions final: Vetoed—a proposal to give the Office of Administrative Hearings the final say in contested cases between state agencies and those they regulate.
• Administrative rules—moratorium: A proposal to impose a two year moratorium on state agency rulemaking, except in very limited circumstances, was Not enacted.
• Administrative rules—oversight: Vetoed—a requirement that state agencies as part of the administrative rule making process determine if the cost of complying with a proposed rule in any year after the rule takes effect will exceed $10,000 for: (1) any business that has fewer than 25 full-time employees; (2) any county, town, or city that has fewer than 25 full-time employees. If it was determined that the cost exceeds $10,000, the rule could not go into effect until it was adopted by the legislature.
• Local land use restrictions: A proposal to impose greater restrictions on local governments’ use of interim (moratorium) ordinances was Not enacted.
• Reorganization services: The commissioner of administration directed to make available a list of eligible contractors who can assist state agencies in using data analytics to organize more efficiently so that, among other things, redundancies are eliminated, and span of control ratios are optimized.
• State back office functions: A study will be conducted on the efficiency of the state’s various back office functions: accounting, finance, procurement, and human resources. The study will include an objective comparison of the performance of the state in these areas to peer groups and world-class organizations.
• Waste haulers-local units of governments: A proposal to grant trash haulers the right to sue (inverse condemnation) local governments that take away their customers through various means such as limiting the number of waste haulers who can serve an area, or who begin providing trash collection service themselves was Not enacted.
• Met Council staggered four-year terms: Vetoed.
• Data classification of settlement agreements: Clarified the data classification of certain types of personnel data involving public employees to provide that the complete terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement, are public data if the agreement involves the payment of more than $10,000 of public money. Also, expanded the list of local government employees who are classified as “public officials” thereby ensuring greater public disclosure of data related to a complaint or charge against the official. The list was expanded to include, among others, superintendents, principals, school district human resource directors and business managers. These modifications were made in response to the $255,000 buyout of the Burnsville-Savage-Eagan School District’s human resources director. The rationale for the settlement has been kept private.

ELECTIONS
• Photo ID to vote: At the 2012 general election voters will be asked the following question: “Shall the Minnesota Constitution be amended to require all voters to present valid photo identification to vote and to require the state to provide free identification to eligible voters, effective July 1, 2013?”
• Redistricting: Legislation to redraw the state’s congressional and legislative boundaries was Not enacted. Consequently, a specially appointed judicial panel issued an order establishing new boundaries.
• Guardianship—right to vote restricted: A proposal to prohibit individuals placed under guardianship from voting was Not enacted.
• State primary date: No change. An effort was not successful to move up the date of the state primary from August to June.
• Political party coercion: A political party may not, through imposition or threatened imposition of any fine, sanction, or other penalty, attempt to coerce an individual who does not have the party unit's official endorsement as a means to prevent the individual from filing as a candidate for office.

CONSUMER AFFAIRS
• Home foreclosure/home sales: A series of initiatives to address problems related to home sales and foreclosures were Not enacted, including a requirement that lenders either accept, deny, or accept subject to certain conditions a short sale request within 30 days after receiving the request; and a prohibition on foreclosure if the lender has not acted on a pending loan modification request.
• Formaldehyde: Did not enact a ban on manufacturers selling a children’s product that contains formaldehyde.
• Toxic free products: A proposal to improve the monitoring of “priority chemicals” that could pose a risk to children was Not enacted.
• Pawn shops: A proposal to permit certain pawnshops to operate as a type of bank (industrial loan and thrift) in order to charge higher fees for pawn loans was Not enacted. By operating under banking law, the shops also would have been able to avoid various consumer protection laws such as: municipal licensing requirements; and law enforcement regulations governing the tracking of stolen goods.
• Money transmitter scam prevention: Money transmitters required to: (1) provide consumer fraud warnings on transmittal forms; (2) train their agents in consumer fraud prevention; (3) monitor how their agents handle transmittals; (4) establish a toll-free number for consumers to call to report suspected or known fraud; and (5) allow individuals to disqualify themselves from sending or receiving money transfers. The disqualification lasts for one year, unless the consumer asks for it to be in effect for a longer period or terminates the disqualification in writing.
• 55-Alive auto insurance discount: Current law requires auto insurance companies to give a premium discount of at least ten percent to drivers over age 55 who take an initial eight hour accident prevention course. The premium reduction can be maintained by taking a shorter four hour "refresher course" every three years. This year the Legislature clarified that law to provide that a person who is age 58 or older and passed the initial course and waits more than three years to take the refresher course is entitled to have the premium discount restored beginning with the successful conclusion of the refresher course. (In other words, the person does not have to re-take the longer initial eight hour course.)
• Auto insurance -- “no pay, no play”: Not enacted—a proposal to eliminate, with certain exceptions, a person’s right to sue for “pain and suffering,” physical impairment, disfigurement, and other similar nonmonetary losses (as compared to medical expenses) if the person was the owner of an uninsured vehicle involved in an accident, or the person was ultimately convicted of being impaired by alcohol or a controlled substance at the time of the accident.
• Auto insurance cappers, runners and steerers: Prohibited health care providers from using "cappers, runners, and steerers” to seek out and solicit motor vehicle accident victims as patients.
• Travel insurance: “Travel retailers” authorized to offer and disseminate travel insurance for a fee without being directly licensed in the insurance field provided certain conditions are met. They may provide general information, including a description of the coverage and price, as well as process the application, collect premiums, and perform other non-licensable activities permitted by the state.
• Suitability in annuity transactions: Vetoed—new sales standards that attempt to ensure that an annuity that is sold to a senior or other person is suitable for that consumer. Governor Dayton Vetoed the bill arguing it did not go far enough in protecting consumers.
• Debt collection: Collection agencies must ensure that a criminal background check is conducted on all individual collectors at the time of initial hiring and each time the collector’s registration is renewed with the state.
• Liquor sales on Sunday: Not authorized.
• Liquor store clothing: Authorized liquor stores to sell clothing marked with the specific name, brand, or identifying logo of the store.
• Drinking age: Proposals to lower the drinking age were Not enacted. One measure would have permitted persons at least 19 years of age and less than 21 to consume alcohol within the premises of an on-sale establishment. Another proposal would have permitted any person under 21 years of age to consume alcohol within those same premises provided they are accompanied by a parent or legal guardian.
• Wine educator: Authorized the issuance of on-sale liquor licenses to “wine educators.” Local units of government granted the authority to prohibit “wine education” within their jurisdictions. Wine educators teach others about the various aspects wine in order for them to gain a greater appreciation for “vino.”
• Event tickets: A proposal to prohibit ticket issuers (Vikings, Twins, concert promoters, theatre venues, etc.) from restricting the resale of an event ticket by a purchaser was not adopted.
• Snow skiing: A proposal to establish a series of responsibilities incumbent upon skiers and ski operators was Not enacted. Among other things, the proposal would have limited a ski operator’s civil liability for injuries to skiers.
• Conciliation court: Increased the general monetary threshold for filing a conciliation court claim from $7,500 to $10,000 until August 1, 2014 at which time the threshold will increase to $15,000. The threshold for claims involving consumer credit transactions will remain at $4,000.
• Torts: Vetoed—several proposals to modify litigation practices including: (1) changes to the process for appealing the certification of a class-action lawsuit; (2) a reduction from six to four years in the general statute of limitation period for bringing certain legal actions. The proposal would not have impacted other statutes of limitation that are expressly delineated in law, such as those governing medical malpractice or sexual abuse; (3) limitations on the awarding of attorney fees; and (4) a reduction in the pre-judgment interest that can be levied in civil litigation cases.
• Tort limits: Established a state and local government tort liability limit of $1 million for any number of claims arising out of a single occurrence, if the claims involve a nonprofit organization engaged in or administering outdoor recreational activities funded in whole or in part by the state or a municipality, or operating under the authorization of a permit issued by the state or a municipality.
• Asbestos-related successor corporation liability: Vetoed—a limitation on an “innocent” corporation’s liability for asbestos-related claims that arise out of the “innocent” corporation having merged with a “guilty” corporation that held such liability.
• Notary public fee: No repeal of the $1 cap on the fee a notary may charge.
• Homeowners’ insurance – contractors: A proposal to prohibit contractors from negotiating with insurance companies on behalf of homeowners who are filing a claim was Not enacted.
• Home solicitation sale: A “home solicitation sale” generally refers to businesses making pitches and selling product at the consumer’s front door. “Home solicitation sales” are subject to various consumer protection requirements governing such things as the right to cancel a contract, return of payments or goods, penalties for violations, and damages. This year the legislature expanded the definition of a “home solicitation sale” to include sales of “improvements to real property.”
• Fire sprinklers: Vetoed—a prohibition on the State Building Code, the State Fire Code, or local units of government from requiring the installation of fire sprinklers in any new or existing single-family homes.
• Fireworks expansion: Vetoed.

MISCELLANEOUS
• Arts and Cultural Heritage Fund: $1.6 million appropriated from the “Arts & Cultural Heritage Fund” for arts & cultural-related programs.
• Civil War & the Dakota Conflict of 1862: $80,000 appropriated from the arts and cultural heritage fund for grants to public broadcasting organizations to develop historical programming about the American Civil War and Dakota Conflict. $100,000 appropriated to the Historical Society for activities that commemorate the sesquicentennial of those events.
• Historical rulemaking website: $35,000 appropriated to implement a website to provide the public searchable access to historical documents relating to state agency rulemaking.
• Minnesota Historical Society: Appropriated $800,000 to the Historical Society to preserve and enhance access to Minnesota’s history, and its cultural and historical resources.
• Film production incentive program: Allocated $600,000 to a new film incentive program. Film producers can be reimbursed for eligible production costs incurred in Minnesota that are directly attributable to the production of a film or documentary in Minnesota.
• Chaska presidential pardon: Not enacted—a directive to the Governor to urge the President of the United States to pardon We-Chank-Wash-ta-don-pee, also known as Chaska, for any alleged crimes stemming from his involvement in the Minnesota-Dakota conflict of 1862. An investigation conducted by the Reverend Stephen Riggs immediately after the conflict found "no testimony against the man (Chaska) of any kind.” Chaska was included in the list of 303 condemned to die after military commission trial proceedings; however, President Abraham Lincoln subsequently commuted the death sentence of Chaska. Despite the President’s commutation, Chaska was hanged on December 26, 1862 for crimes in the Dakota Conflict. Chaska saved the life of Sarah Wakefield and her children during the 1862 conflict.
• Gambling card clubs at the tracks: Increased the limit on the number of tables from 50 to 80 at the Canterbury Park and Running Aces card clubs; authorized house banked card games; increased the wager limit from $60 to $100; removed the limits on the number of poker tournaments and tournament tables. Authorized racetracks and tribal casinos to enter into agreements to add horse race pari-mutuel wagering at the casinos. These changes were Enacted based on an agreement between Canterbury Park and Tribal gambling interests. No legislative hearings were held before passage.
• “Clawbacks”: Limited the ability to engage in a “clawback” on a qualified charity or religious organization. The term “clawback" refers to an attempt to "undo" a transfer of money or other property to an organization or individual, when the person doing the transfer was insolvent or obtained the money or other property fraudulently, such as in a ponzi scheme (for example, Tom Petters). Charitable and religious organizations have been faced with "clawback" claims made by victims of fraud or creditors of donors, which has proven financially burdensome to those entities.
• ALJ mandatory retirement age: Repealed the mandatory retirement age (70) for Administrative Law Judges and workers compensation judges.
• New persons authorized to perform marriages: Administrative Law Judges in the Office of Administrative Hearings.
• Window cleaning safety: Modified the state building code to require the installation of anchors dedicated to suspended window cleaning on: (1) new buildings four stories or greater; and (2) existing buildings four stories or greater, but only on those areas undergoing reconstruction or repair that result in the exposure of primary structural components of the roof.
• State soil: Designated Lester as the official soil of the state of Minnesota.
• State pipe band: A proposal to designate the Minnesota State Fire Service Memorial Pipe Band as the official pipe band of the state of Minnesota was Not enacted. The band performs at a variety of functions including funeral services for firefighters, deployment and return ceremonies of the Minnesota National Guard, and military honors funerals for soldiers who have died in the line of duty.
• State mammal: A proposal to officially designate the black bear, Ursus americanus, as the official mammal of the state of Minnesota was Not enacted.
• Legal tender: Not enacted—the designation of gold and silver as legal tender in the state of Minnesota.
• Animal impoundment: All seized animals must be held for redemption by the owner for at least five business days or for a longer time if dictated by municipal ordinance. Seized animals may not be released for research or product testing.