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CapWatch: New Laws Effective August 1, 2011
 July 23, 2011 by Government Relations Practice Group The following are some of the new laws that take effect Aug. 1, 2011. The asterisk following the bill number denotes the language that became law. Summaries of all laws passed by the 2011 Legislature during its regular session are available online from nonpartisan House Public Information Services at www.house.mn/hinfo/Newlaws2011-0.asp.
Employers can organize tip sharing
Rep. Sarah Anderson (R-Plymouth) worked her way through college as a restaurant server. A new law she sponsors with Sen. Dave Thompson (R-Lakeville) makes it easier for restaurant workers to pool their tips or for a restaurant owner to safeguard them for employees. The law allows employers, at their employees’ request, to safeguard and disburse tips according to a sharing agreement; and to report the amounts received for tax purposes. Employees may not coerce employees to share gratuities. HF809/SF1280*/CH105 Pawn shop regulations eased
A new law will make it easier for pawn shops to manage their inventory. The law standardizes a 60-day maximum redemption period for a pawn transaction. It allows pawnbrokers to return, sell or remove inventory from display after the redemption period is reached, or after 31 days for inventory purchased other than through a pawn transaction. It also repeals a state requirement that pawn shops be located at least 10 driving miles from any casino. Except for the standardized redemption period, municipalities may regulate pawn businesses or transactions more restrictively. The law is sponsored by Rep. Tim Sanders (R-Blaine) and Sen. David Brown (R-Becker). HF1152/ SF955*/CH82 Easier filing for businesses
A new law will make it easier for businesses to file their records online. Sponsored by Rep. Pat Mazorol (R-Bloomington) and Sen. Benjamin Kruse (R-Brooklyn Park), the law removes a number of statutory stumbling blocks to implementing an online filing system. Selected provisions include:
HF1643/SF1234*/CH106 Consumers
Health and Human Services
CPR requirements at child care centers Sponsored by Rep. Mary Liz Holberg (R-Lakeville) and Sen. Dan Hall (R-Burnsville), a new law requires all teachers and assistant teachers at a child care center to successfully complete CPR training, including CPR techniques for infants and children. At least one staff person with training must be present during field trips and when transporting children. The training would have to occur within 90 days after the start of employment. Prior to the law, child care centers were required to have at least one trained staff person present in the facility when children are present. The so-called “Hannah’s Law” is named after a 4-year-old girl who died in June 2010 after choking on a grape at a child care center. HF235*/SF381/CH23 Food inspection exceptions
The efforts of a couple of self-professed “church ladies” from Goodhue County saved their church dinners thanks to a new law that exempts meals served by faith-based organizations from certain Health Department food inspection regulations, including inspections. Sponsored by Rep. Steve Drazkowski (R-Mazeppa) and Sen. John Sterling Howe (R-Red Wing), the legislation grants certain organizations with tax-exempt status exemption from food regulation statutes. It would also affect organizations that are affiliated with or related to a sportsman organization. It also adds a limitation that events must be held in the organization’s building or on the grounds. Pat Irrthum and Kathy Theel began their efforts to reform the law that jeopardized their church dinners at St. Paul’s Catholic Church in Zumbrota after Goodhue County relinquished its food inspection service for nonprofits last year as a cost saving measure. The Department of Health took over the duties for the county and last spring informed parishioners at the church and other area churches that they were in violation of a state law that requires permits for nonprofit events where homemade food is served. HF637/SF477*/CH92 Modifications to health services policy provisions
A 2009 law required the Department of Human Services to develop a uniform statewide rate setting methodology to replace the county negotiated rates with providers of mental and chemical health care. A new law, sponsored by Rep. Diane Anderson (R-Eagan) and Sen. Scott Newman (R-Hutchinson), makes notable changes to chemical and mental health care-related statutes in order to reflect that directive and to streamline the chemical and mental health care-related areas of the department to conform to the recent federal instruction. Many of the changes were developed from the work of a 2010 Legislature-appointed task force charged with the responsibility of making recommendations to the human services commissioner on ways to improve quality care access for individuals with complex conditions, including mental illness, chemical dependency, traumatic brain injury and developmental disabilities. Provisions in the new law include:
HF1500/SF1285*/CH86 High standard for pro athlete drug tests
Minnesota drug testing laws will recognize labor agreement provisions regarding drug and alcohol testing for professional athletes. Professional sports contracts often include drug testing requirements that are more stringent and tougher than Minnesota laws. The measure has the support of professional teams and labor organizations. Rep. Steve Simon (DFL-St. Louis Park) and Sen. John Pederson (R-St. Cloud) sponsor the law. HF1422/SF1265*/CH62 Public Safety
Tougher penalty for fleeing peace officer The crime of fleeing a peace officer when the result of doing so results in a death that does not constitute murder or manslaughter has been modified. A new law extends current law to situations where a suspect initially flees police in a motor vehicle, but abandons the vehicle and continues to flee in another way. Current flee-on-foot statute does not address penalties for causing serious harm or death to others if pursuit of a felonious criminal goes from vehicle to foot. However, if the occupants are still in the car, they can be charged for all the harm caused by their actions. Rep. John Kriesel (R-Cottage Grove) and Sen. John Harrington (DFL-St. Paul) are the sponsors. HF361*/SF515/CH32 Donating public safety equipment
Some larger fire departments receive grants to upgrade their equipment, leaving them with the problem of how to dispose of used equipment that still may be in good working order. Donating to smaller departments is problematic because of the possible liability issue. So some departments simply mothball the equipment and some ship it to other countries. Rep. Tara Mack (R-Apple Valley) and Sen. Warren Limmer (R-Maple Grove) sponsor a new law that will extend civil immunity to a municipality that donates vehicles and equipment used in firefighting, ambulance and emergency medical treatment services, rescue and hazardous materials response. The issue of concern to city officials is that equipment exposed to high heat situations may not perform as expected and the donating government jurisdiction could be held liable. HF695*/SF735/CH75 Tough penalty for harming police dog
A new law will increase the penalty for injuring public safety dogs and impose mandatory restitution on offenders who harm these animals. It also extends the gross misdemeanor offense of harming a public safety dog to cases where the dog suffers demonstrable bodily harm. Further, the law creates a new offense whereby it is a misdemeanor to assault a public safety dog where the animal does not suffer “demonstrable bodily harm.” Rep. Tony Cornish (R-Good Thunder), who sponsors the law with Sen. Dan Hall (R-Burnsville), said the impetus for the law was Major, a German Shepherd stabbed Nov. 12, 2010, as Roseville police assisted Maplewood officers responding to a break-in. After finding a suspect, officers heard Major crying in pain. He had been stabbed four times. He was rushed to the University of Minnesota Veterinary Medical Center for emergency surgery. While Major survived, he did not regain use of his back legs. HF141*/SF121/CH9 Transportation
Disability placard usage changes The allowed placement of disability placards in a vehicle will be changing, as will an exemption from fines when using them far after their expiration date. A disability placard must now be hung from the rearview mirror of a vehicle. However, if there is no rearview mirror or the certificate holder’s disability precludes them from placing the certificate on the mirror, the certificate must be displayed on the driver’s side dashboard. Sponsored by Rep. Mary Kiffmeyer (R-Big Lake) and Sen. David Brown (R-Becker), the law will allow the certificate to be placed anywhere on the dashboard. Under current law, an original permit holder can get any ticket dismissed if they are cited for using an expired placard. The law limits that to 90 days. If a person is ticketed for this, they will have to surrender the permit if it’s more than 90 days expired. HF721*/SF430/CH30 Home repair contractors Minnesota home repair contractors have been busy during the past few years as homes have taken a beating from hail storms, twisters and other natural disasters. A new law modifies a 2010 law relating to contracts for residential home repair, and it offers more consumer protection from “fly-by-night” contractors, including those from out of state, who compete for Minnesota contracts after storms or natural disasters. The law will add siding contractors as well as roofing contractors to those prohibited from offering to pay for an insured’s deductible or to compensate an insured as an incentive to gain a contract. It also broadens the current law’s language regarding the types of inducements that contractors are forbidden from offering to property owners. It also gives the labor and industry commissioner authority to enforce the law. Rep. Tim Sanders (R-Blaine) and Sen. Benjamin Kruse (R-Brooklyn Park) sponsor the law. HF1420/SF249*/CH63Minnesota home repair contractors have been busy during the past few years as homes have taken a beating from hail storms, twisters and other natural disasters. A new law modifies a 2010 law relating to contracts for residential home repair, and it offers more consumer protection from “fly-by-night” contractors, including those from out of state, who compete for Minnesota contracts after storms or natural disasters. The law will add siding contractors as well as roofing contractors to those prohibited from offering to pay for an insured’s deductible or to compensate an insured as an incentive to gain a contract. It also broadens the current law’s language regarding the types of inducements that contractors are forbidden from offering to property owners. It also gives the labor and industry commissioner authority to enforce the law. Rep. Tim Sanders (R-Blaine) and Sen. Benjamin Kruse (R-Brooklyn Park) sponsor the law. HF1420/SF249*/CH63
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