Loading...
HomeMy WebLinkAboutLeague of MN Cities 2017 Law Change Summaries2017 Law Summaries Page 5 DATA PRACTICES Legislative Commission on Data Practices First Special Session Chapter 4 (no HF/SF 1*) is the omnibus state government finance bill. Article 2, sec. 2 extends the sunset date of the Legislative Commission on Data Practices by two years to June 30, 2019. Effective July 1, 2017. (IK) ECONOMIC DEVELOPMENT Omnibus jobs and economic growth bill Chapter 94 (HF 1620/SF 1456*) is the omnibus jobs and economic growth appropriations bill. Effective July 1, 2017. Article 1: Appropriations • Jobs Skills Partnership. Section 2, subd. 2(a) appropri- ates $4.195 million each year. • Minnesota Investment Fund (MIF). Section 2, subd. 2(e) appropriates $12.5 million each year for the MIF program. MIF funds are available to local units of gov- ernment to provide loans to assist expanding businesses. • Job Creation Fund. Section 2, subd. 2(f) appropriates $8.5 million in FY 2018 and 2019 for the Minnesota Job Creation Fund. • Business Development Public Infrastructure Grant Program (BDPI). Section 2, subd. 2(l)(1) appropriates $1.3 million each year to the BDPI pro- gram. Paragraph (l)(2) appropriates $1.6 million in FY 2018 to the City of Thief River Falls. (See omnibus bond- ing bill summary.) • Border-to-Border Broadband Grant Program. See Telecommunications for summary. Article 6: Employment and Economic Development • Small Cities Development Block Grant Pro- gram change. Section 2, subd. 2 amends Minn. Stat. § 116J.9731. It allows a local government entity to receive more than one award in a fiscal year. • Transfers between Minnesota Investment Fund and Job Creation Fund. Section 3 adds subd. 10, which allows up to $2 million per fiscal year to be trans- ferred between the Job Creation Program Fund and the Minnesota Investment Fund to meet business demand. • Minnesota Job Creation Fund requirements. Sec- tion 5, subd. 3, and Section 7, subd. 6, amend Minn. Stat. § 116J.8748 to incorporate different requirement thresh- olds if a business is outside a metropolitan area and if a business is cumulatively owned by minorities, veterans, women, or persons with a disability. (LZ) ELECTIONS Elections administration modifications Chapter 92 (HF 729/SF 514*) is the omnibus elections bill. Effective dates vary and are noted by article. Article 1: Election Administration • Indian tribal councils. Sections 1, 2, and 3 amend Minn. Stat § 3.088 to add Indian tribal councils to those eligible for leave of absence without pay, reinstatement, and pension and retirement rights. • Use of electronic access data. Section 4 amends Minn. Stat. § 13.15, subd. 4 by adding “federal law enforcement agency” to those entities that may receive electronic access data. • Voter registration data. Sections 5, 6, and 7 amend Minn. Stat. §§ 13.6905, 13.841, and 13.851 to reflect a technical change moving these provisions to Minn. Stat. § 201.145. • Appointments to fill vacancies; special elections. Section 8 amends Minn. Stat. § 123B.09 to clarify that if a school board vacancy is filled by a special election, the person that wins the election takes office immediately after receiving the certificate of election, filing the bond, and taking the oath of office. • Original signature. Section 9 amends Minn. Stat. § 200.02, subd. 5b to specify that original signatures are not electronic signatures. • Entry of registration information. Section 10 amends Minn. Stat. § 201.121, subd. 1 to modify the deadline for county auditors to enter new voter regis- tration information into the statewide voter registration system after an election. This section allows for a 28-day extension after the initial 42-day deadline, and allows the secretary of state to waive the deadline if, on good cause shown, the county shows a permanent inability to com- ply. The status of each county’s compliance with this sec- tion must be posted on the secretary of state’s website. • Post-election sampling. Section 11 amends Minn. Stat. § 201.121, subd. 3 to require each county auditor to report the following to the secretary of state: the total number of post-election notices that were returned as nondeliverable; the total number of the nondeliverable notices for which the county auditor could find the rea- son for the return; and the number of the nondeliverable notices for which the county auditor could not find the reason for the return. The secretary of state must com- pile this information and report it to the Legislature by March 1 of every odd-numbered year. This report must show the numbers for each precinct and for each county. • Reports on status changes of guardianship, legal competence, felony convictions, and citizenship. Section 12 repeals individual statutes detailing report- Page 6 League of Minnesota Cities ing requirements of various status changes and combines them in a new section, Minn. Stat. § 201.145. • Write-in candidates. Section 13 amends Minn. Stat. § 204B.09, subd. 3 to clarify the write-in candidate regis- tration deadline is 5 p.m. on the last day of registration. • Notice to voters. Section 14 amends Minn. Stat. § 204B.16, subd. 1a to correct a cross reference. • Appointment of election judges. Sections 15 and 16 amend Minn. Stat. §§ 204B.21 and 204B.31, subd. 2 to require that political party election judge lists indi- cate which individuals are willing to travel to a precinct outside of their home jurisdiction and to which jurisdic- tions. The Office of the Secretary of State will provide county auditors with a separate list of individuals willing to travel. A jurisdiction is not required to pay mileage or other travel reimbursement to election judges included on this list. Individuals not on party election judge lists must provide their party affiliation or a statement that they do not affiliate with a major party. This information may be shared with other election judges in the polling place to verify party balance compliance but may not be disclosed or used for any other purpose. • “I Voted” stickers. Section 17 creates new language, Minn. Stat. § 204B.49, clarifying that individuals vot- ing by mail and absentee may be provided an “I Voted’ sticker. • Permanent registration; verification of registra- tion. Section 18 amends Minn. Stat. § 204C.10 to require that an election judge conceal a roster challenge from the view of any voter other than the voter whose status is challenged. • Manner of challenging. Section 19 amends Minn. Stat. § 204C.12, subd. 1 to clarify that a challenge must be based on personal knowledge. • State canvass. Sections 20 and 21 amend Minn. Stat. §§ 204C.32, subd. 2 and 204C.33, subd. 3 to clarify that the state canvass board meetings may be held in the Capitol complex area instead of at the Office of the Secretary of State. • Results. Section 22 amends Minn. Stat. § 205.065, subd. 5 to allow municipalities to canvass election returns on either the second or third day after the primary. • Date of election. Section 23 amends Minn. Stat. § 205.07, subd. 1 clarifying the timeline for a municipal- ity to change from an odd- to an even-year election. The governing body may, by ordinance passed at a regular meeting held at least 180 calendar days before the first day to file for candidacy in the next municipal election, decide to hold the election on the first Tuesday after the first Monday in November in either an even- or odd- numbered year. • Vacancies in school district offices. Section 24 amends Minn. Stat. § 205A.05, subd. 2 to fix a cross reference. • Contracts required. Section 25 amends Minn. Stat. § 206.805, subd. 1 to require the Office of the Secretary of State to establish state contracts for the purchase of assis- tive voting technology, automatic tabulating equipment and electronic roster equipment. • Form of presidential ballots. Section 26 amends Minn. Stat. § 208.04, subd. 1 to alter the form of presi- dential ballots to conform with optical scan systems. • Soliciting near polling places. Section 27 amends Minn. Stat. §211B.11, subd. 1 to conform with changes made in section 17 regarding “I Voted” stickers. • Establishment and repealer. Sections 28 and 29 make conforming changes for changes made in section 12 regarding data sharing statutes and reporting require- ments. Effective July 1, 2017. Article 2: Uniform Election Dates This article requires that special elections conducted by counties, cities, towns, and school districts be held on one of five possible dates: the second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August (the current state primary date in even years), or the first Tuesday after the first Monday in November (the standard state general election date in even years). An exception to this requirement applies for special elections held in response to an emergency or disaster. By Dec. 31 of each year, each municipality and each county with unorganized territory must designate precinct polling places for the following year by ordinance or resolution. Exceptions for polling place changes are allowed for emer- gencies or if a polling place becomes unavailable. A vari- ety of related conforming and implementing changes are included throughout this article. Effective Jan. 1, 2018 and applies to any special election held on or after that date. Article 3: County Offices This article allows for the appointment of the following county offices and outlines the process for doing so: • Morrison County Recorder • Benton County Recorder • Pine County Auditor-Treasurer • Stearns County Recorder • Marshall County Recorder • Rice County Auditor-Treasurer and Recorder Each section is effective the day after the respective county board of commissioners and its chief clerical officer comply in a timely man- ner with Minn. Stat. § 645.021, subds. 2 and 3. (AL) Election equipment grant funding First Special Session Chapter 4 (no HF/SF 1*) is the omnibus state government finance bill. Article 1, section 6 appropriates $7 million to the election equipment grant 2017 Law Summaries Page 7 program. Article 3, section 17 requires that this funding be used to replace aging election equipment or to purchase electronic poll books. A political subdivision is eligible to receive a grant of no more than 75 percent of the total cost of electronic roster equipment and 50 percent of all other equipment or technology authorized for a grant. Section 17 creates new language, Minn. Stat. § 206.95, outlining the application process to receive a grant. The secretary of state may make a grant from the account to a political sub- division only after receiving an application that includes: the date the application is submitted, the name of the political subdivision, the name and title of the individual who prepared the application, the type of voting system currently used in each precinct, the date the system was acquired and at what cost, the total number of registered voters in each precinct, the amount of the grant requested, the amount of money the political subdivision will use to match a grant from the account, the type of voting system to be acquired and if it will permit individuals with dis- abilities to cast a secret ballot, the proposed schedule for purchasing and implementing the new system, whether a grant has been applied for before, a certified statement by the political subdivision that the grant will be used only to purchase election equipment authorized in statute, and any other information required by the secretary of state. Fund- ing will be available to the Office of the Secretary of State July 1, 2017. The appropriation is available until June 30, 2020. (AL) EMERGENCY MEDICAL SERVICES Community medical response emergency medical technician services Chapter 53 (HF 106*/SF 93) amends Minn. Stat. § 256B.0625, subd. 60a. It expands the community medical response emergency medical technician (CEMT) covered services under Medical Assistance (MA) to include post- discharge visits following discharge from a skilled nursing facility. Under current law, only hospital post-discharge vis- its are covered. It changes terminology to refer to a CEMT as a “community medical response emergency medical technician.” It also makes conforming changes. Effective Aug. 1, 2017. (AF)  EMPLOYMENT Unemployment insurance advisory council policy adoption Chapter 35 (HF 1419/SF 1549*) is the unemployment insurance bill. • Aggravated employment misconduct. For those who have been suspended from employment without pay for 30 or fewer calendar days, Article 1, section 3 amends Minn. Stat. § 268.085, subd. 13 to allow, in addi- tion to employment misconduct, aggravated employ- ment conduct defined under Minn. Stat. § 268.095 as grounds for ineligibility of unemployment benefits. • Indefinite suspension from employment. Article 1, sections 3 and 4 respectively amend Minn. Stat. § 268.085, subd. 13 and Minn. Stat. § 268.085, subd. 5 to allow indefinite suspension to be considered discharge from the time the suspension starts. • Definition of “leave of absence.” Article 2, section 6 amends Minn. Stat. § 268.085, subd. 13a to define a “leave of absence” as a temporary stopping of work that has been approved by the employer. • Definition of “quit.” Article 3, section 14 amends Minn. Stat. § 268.095, subd. 2 to clarify that a notice of quitting in the future does not constitute a quit at the time the notice is given. Effective Aug. 1, 2017. (IK) High school workers age 18 and older Chapter 68 (HF 1204/SF 1457*) is the Department of Labor and Industry housekeeping bill. Section 1 amends Minn. Stat. § 181A.04, subd. 6 by requiring high school students age 18 and older to provide a written request to their employer to work during restricted hours (after 11 p.m. on an evening before a school day or before 5 a.m. on a school day). Effective Aug. 1, 2017. (IK) Public Employment Relations Board Chapter 94 (HF 1620/SF 1456*) is the omnibus jobs and economic development policy and budget bill. Article 1, section 5 appropriates $125,000 for FY 2018 and 2019 to the Public Employment Relations Board (PERB). Article 12, section 1 delays the start date of PERB to July 1, 2020. Effective July 1, 2017. (IK) ENERGY Flexibility for Xcel’s natural gas electric generating plant at Sherco site Chapter 5 (HF 113*/SF 85) exempts Xcel Energy from the certificate of need process normally required for a new large electric energy production facility by an investor- owned utility, as long as the facility is on property already owned by the utility in Sherburne County and is a natu- ral gas combined cycle electric generation plant. This was done to preserve local jobs and base electrical capacity for the utility as the Sherco 1 and 2 coal-fired plants are to be phased out by 2023 and 2026, respectively. Effective Aug. 1, 2017. (CJ) Residential property assessed clean energy financing option indefinitely suspended Chapter 94 (HF 1620/SF 1456*) is the omnibus jobs and