The following is a listing of select new laws passed during the 2009 legislative session that take effect Aug. 1, 2009.
Student lifesavers trained properly
Schools that offer students training in cardiopulmonary resuscitation and automatic external defibrillator use will be required to use certain instruction. A new law, sponsored by Rep. Carlos Mariani (DFL-St. Paul) and Sen. Kathy Saltzman (DFLWoodbury), requires districts that voluntarily offer students training in CPR to ensure that training will be in accordance with the American Heart Association, the American Red Cross or other nationally recognized, evidence-based guidelines. Mariani said the odds of surviving cardiac arrest are only 10 percent without the intervention, but acquiring the right kind of skills “properly trains our young people to be lifesavers as they go out into the world.”
HF648/SF567*/CH107
Schools that offer students training in cardiopulmonary resuscitation and automatic external defibrillator use will be required to use certain instruction. A new law, sponsored by Rep. Carlos Mariani (DFL-St. Paul) and Sen. Kathy Saltzman (DFLWoodbury), requires districts that voluntarily offer students training in CPR to ensure that training will be in accordance with the American Heart Association, the American Red Cross or other nationally recognized, evidence-based guidelines. Mariani said the odds of surviving cardiac arrest are only 10 percent without the intervention, but acquiring the right kind of skills “properly trains our young people to be lifesavers as they go out into the world.”
HF648/SF567*/CH107
Contractor or employee?
A new law addresses the misclassification of some workers in the trucking and courier industry as independent contractors rather than employees. Sponsored by Rep. Sheldon Johnson (DFL-St. Paul) and Sen. David Tomassoni (DFL-Chisholm), the law lays out factors all needing to be present for a worker to be considered an independent contractor, including when the individual:
• owns the equipment or holds it under a bona fide lease arrangement;
• is responsible for the equipment’s maintenance and operating costs;
• is paid based on work performed, not time expended;
• substantially controls the means and manner of the service performance; and
• enters into a written contract specifying that the relationship is one of an independent contractor and not that of an employee.
HF813/SF910*/CH89
A new law addresses the misclassification of some workers in the trucking and courier industry as independent contractors rather than employees. Sponsored by Rep. Sheldon Johnson (DFL-St. Paul) and Sen. David Tomassoni (DFL-Chisholm), the law lays out factors all needing to be present for a worker to be considered an independent contractor, including when the individual:
• owns the equipment or holds it under a bona fide lease arrangement;
• is responsible for the equipment’s maintenance and operating costs;
• is paid based on work performed, not time expended;
• substantially controls the means and manner of the service performance; and
• enters into a written contract specifying that the relationship is one of an independent contractor and not that of an employee.
HF813/SF910*/CH89
State agencies will be allowed to hold some meetings electronically instead of in person
As long as the public has access to the meetings, and other certain conditions are met. Sponsored by Rep. Sheldon Johnson (DFL-St. Paul) and Sen. Mee Moua (DFL-St. Paul), the law applies to all state departments, boards, commissions and other state government entities. Under the law, all meeting participants must be able to hear all discussion and testimony; at least one member of the government entity must be physically present at the regular meeting location; members of the public who are present at the regular meeting location must be able to participate in testimony and hear all member discussion and votes; and all votes must be conducted by roll call.
HF456/SF764*/CH80
HF456/SF764*/CH80
Training for shaken baby syndrome
Shaken baby syndrome training for certain providers caring for children up to age 5 is increased, effective Aug. 1, 2009. Sponsored by Rep. Phil Sterner (DFL-Rosemount) and Sen. Sharon Erickson Ropes (DFL-Winona), the law requires 30 minutes of training for both shaken baby syndrome and sudden infant death syndrome for licensed chemical dependency treatment programs that serve clients with children, licensed child care centers and providers, and child foster care providers that care for children. The training is required at least once every five years. Previous training was only required for those caring for infants.
HF782/SF978*/CH26
Shaken baby syndrome training for certain providers caring for children up to age 5 is increased, effective Aug. 1, 2009. Sponsored by Rep. Phil Sterner (DFL-Rosemount) and Sen. Sharon Erickson Ropes (DFL-Winona), the law requires 30 minutes of training for both shaken baby syndrome and sudden infant death syndrome for licensed chemical dependency treatment programs that serve clients with children, licensed child care centers and providers, and child foster care providers that care for children. The training is required at least once every five years. Previous training was only required for those caring for infants.
HF782/SF978*/CH26
Changes to temporary drawdowns
Cities and counties will no longer need the approval of every lakefront property owner along a public water body in order to temporarily lower the lake’s water level. A new law, effective Aug. 1, 2009, allows the commissioner of natural resources to issue public waters work permits to public entities for a drawdown, if the commissioner deems it is in the public’s best interest, at least 75 percent of the riparian landowners agree to the drawdown and the permit applicant holds a public hearing. The permit applicant must mail notices of the hearing to affected property owners and publish the date, time and place of the hearing in a local newspaper. Local governments and watershed districts temporarily drawdown the water level in a lake as a management tool to prevent or eradicate invasive species. The law, sponsored by Rep. Paul Rosenthal (DFL-Edina) and Sen. Ken Kelash (DFL-Mpls), excludes public waters that have been designated by the commissioner for the protection and management of wildlife.
HF1539/SF640*/CH48
Cities and counties will no longer need the approval of every lakefront property owner along a public water body in order to temporarily lower the lake’s water level. A new law, effective Aug. 1, 2009, allows the commissioner of natural resources to issue public waters work permits to public entities for a drawdown, if the commissioner deems it is in the public’s best interest, at least 75 percent of the riparian landowners agree to the drawdown and the permit applicant holds a public hearing. The permit applicant must mail notices of the hearing to affected property owners and publish the date, time and place of the hearing in a local newspaper. Local governments and watershed districts temporarily drawdown the water level in a lake as a management tool to prevent or eradicate invasive species. The law, sponsored by Rep. Paul Rosenthal (DFL-Edina) and Sen. Ken Kelash (DFL-Mpls), excludes public waters that have been designated by the commissioner for the protection and management of wildlife.
HF1539/SF640*/CH48
Alert notification assurance
Law enforcement agencies that issue crime alerts will be required to put them in a format that “a disabled person can access with commercially available text-based screen reader software.” Sponsored by Rep. Paul Thissen (DFL-Mpls) and Sen. Ken Kelash (DFL-Mpls), the law also classifies as private the names and contact information of citizens requesting a crime alert.
HF254/SF265*/CH22
Law enforcement agencies that issue crime alerts will be required to put them in a format that “a disabled person can access with commercially available text-based screen reader software.” Sponsored by Rep. Paul Thissen (DFL-Mpls) and Sen. Ken Kelash (DFL-Mpls), the law also classifies as private the names and contact information of citizens requesting a crime alert.
HF254/SF265*/CH22
No laser pointing at planes
Knowingly pointing a laser at an aircraft could result in a jail sentence. A new law sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Senate President James Metzen (DFL-South St. Paul) makes the action a gross misdemeanor, punishable by up to a year in jail and a $3,000 fine. When the laser hits an aircraft windshield, it turns the plexiglass opaque, blinding the pilot. Lasers that run on AAA batteries can be purchased at many office supply stores or big box retailers and some have a range of up to 10 miles. The law exempts search and rescue situations when the person on the ground is indicating their location.
HF1097/SF1408*/CH73
Knowingly pointing a laser at an aircraft could result in a jail sentence. A new law sponsored by Rep. Rick Hansen (DFL-South St. Paul) and Senate President James Metzen (DFL-South St. Paul) makes the action a gross misdemeanor, punishable by up to a year in jail and a $3,000 fine. When the laser hits an aircraft windshield, it turns the plexiglass opaque, blinding the pilot. Lasers that run on AAA batteries can be purchased at many office supply stores or big box retailers and some have a range of up to 10 miles. The law exempts search and rescue situations when the person on the ground is indicating their location.
HF1097/SF1408*/CH73
Mental health 911 assistance
Beginning Aug. 1, 2009, mental health crisis teams will be added to the list of emergency 911 responders, where available. Supporters said there is not one number to call when someone is having a mental health crisis and is in need of help, and that mobile crisis teams can assess a situation and provide cost-effective ways to stabilize the individual, including a referral to mental health centers, clinics or crisis homes. Rep. Joe Mullery (DFL-Mpls) and Sen. Tom Saxhaug (DFL-Grand Rapids) sponsor the law.
HF448/SF707*/CH128
Beginning Aug. 1, 2009, mental health crisis teams will be added to the list of emergency 911 responders, where available. Supporters said there is not one number to call when someone is having a mental health crisis and is in need of help, and that mobile crisis teams can assess a situation and provide cost-effective ways to stabilize the individual, including a referral to mental health centers, clinics or crisis homes. Rep. Joe Mullery (DFL-Mpls) and Sen. Tom Saxhaug (DFL-Grand Rapids) sponsor the law.
HF448/SF707*/CH128
Licensing full-time firefighters
Full-time firefighters hired on or after July 1, 2011, will need a license, and volunteer and on-call firefighters will have the option of getting a license by following the same requirements as full-time firefighters. To receive a three-year license, a person must demonstrate competency in fire prevention, fire suppression and hazardous material operations. A license will be renewed without testing, provided the firefighter had at least 72 hours of training during the previous three years. The approximately 2,000 current full-time firefighters would be exempted. To ensure there is no fiscal impact to the state, a $75 fee is established for the original license and each renewal. The new law, effective Aug. 1, 2009, calls for the Board of Firefighter Training and Education to appoint an accredited organization to prepare and administer firefighter certification examinations. Rep. Joe Atkins (DFL-Inver Grove Heights) and Sen. Ann Rest (DFL-New Hope) sponsor the law.
HF1805/SF1219*/CH153
Full-time firefighters hired on or after July 1, 2011, will need a license, and volunteer and on-call firefighters will have the option of getting a license by following the same requirements as full-time firefighters. To receive a three-year license, a person must demonstrate competency in fire prevention, fire suppression and hazardous material operations. A license will be renewed without testing, provided the firefighter had at least 72 hours of training during the previous three years. The approximately 2,000 current full-time firefighters would be exempted. To ensure there is no fiscal impact to the state, a $75 fee is established for the original license and each renewal. The new law, effective Aug. 1, 2009, calls for the Board of Firefighter Training and Education to appoint an accredited organization to prepare and administer firefighter certification examinations. Rep. Joe Atkins (DFL-Inver Grove Heights) and Sen. Ann Rest (DFL-New Hope) sponsor the law.
HF1805/SF1219*/CH153
Fallen Firefighters Memorial Day created
Firefighters who have lost their lives in the line of duty now have their own day of remembrance in Minnesota. Sponsored by Rep. Mike Obermueller (DFL-Eagan) and Sen. Jim Carlson (DFL-Eagan), a new law designates the first Sunday in October as Fallen Firefighters Memorial Day. On that day, each U.S. and Minnesota flag on the Capitol grounds will be flown at half-staff. According to the Minnesota Fallen Firefighters Memorial Association, there have been 197 line-of duty firefighter deaths in Minnesota, with the first being recorded in 1881 in Minneapolis, and the most recent in 2008 in Pine City.
HF422/SF237*/CH87
Firefighters who have lost their lives in the line of duty now have their own day of remembrance in Minnesota. Sponsored by Rep. Mike Obermueller (DFL-Eagan) and Sen. Jim Carlson (DFL-Eagan), a new law designates the first Sunday in October as Fallen Firefighters Memorial Day. On that day, each U.S. and Minnesota flag on the Capitol grounds will be flown at half-staff. According to the Minnesota Fallen Firefighters Memorial Association, there have been 197 line-of duty firefighter deaths in Minnesota, with the first being recorded in 1881 in Minneapolis, and the most recent in 2008 in Pine City.
HF422/SF237*/CH87
GPS usage, toy safety addressed in public safety law
Global Positioning Systems can be mounted or located near the bottommost portion of a vehicle’s windshield beginning Aug. 1, 2009. The provision, initially proffered by Rep. Al Juhnke (DFL-Willmar) and Sen. David Tomassoni (DFL-Chisholm) as HF85/SF323, is part of the larger omnibus public safety policy law sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Mee Moua (DFL-St. Paul). Other provisions taking effect Aug. 1, 2009, include:
• a business that sells over-the-counter methamphetamine precursor drugs is required to retain a sales log for three years and make it available for inspection by law enforcement at all reasonable times;
• commercial retailers are prohibited from selling a toy designed primarily for children under age 12 that has been recalled for safety reasons; and
• the state’s trespass law is amended to include entering any public or private area lawfully cordoned off by a peace officer.
HF1301/SF993*/CH59
Global Positioning Systems can be mounted or located near the bottommost portion of a vehicle’s windshield beginning Aug. 1, 2009. The provision, initially proffered by Rep. Al Juhnke (DFL-Willmar) and Sen. David Tomassoni (DFL-Chisholm) as HF85/SF323, is part of the larger omnibus public safety policy law sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Mee Moua (DFL-St. Paul). Other provisions taking effect Aug. 1, 2009, include:
• a business that sells over-the-counter methamphetamine precursor drugs is required to retain a sales log for three years and make it available for inspection by law enforcement at all reasonable times;
• commercial retailers are prohibited from selling a toy designed primarily for children under age 12 that has been recalled for safety reasons; and
• the state’s trespass law is amended to include entering any public or private area lawfully cordoned off by a peace officer.
HF1301/SF993*/CH59
Passing speed limit increased for some
Drivers will be allowed to exceed the speed limit by 10 mph when passing another vehicle going the same direction on a two-lane highway with a speed limit of at least 55 mph. This provision is part of a new law making failure to wear a seatbelt by a primary offense. Although the law is sponsored by Rep. Kim Norton (DFL-Rochester) and Sen. Steve Murphy (DFLRed Wing), the passing provision is taken from HF464/SF601, sponsored by Rep. Tom Rukavina (DFLVirginia) and Sen. David Tomassoni (DFL-Chisholm).
HF108*/SF42/CH165
Drivers will be allowed to exceed the speed limit by 10 mph when passing another vehicle going the same direction on a two-lane highway with a speed limit of at least 55 mph. This provision is part of a new law making failure to wear a seatbelt by a primary offense. Although the law is sponsored by Rep. Kim Norton (DFL-Rochester) and Sen. Steve Murphy (DFLRed Wing), the passing provision is taken from HF464/SF601, sponsored by Rep. Tom Rukavina (DFLVirginia) and Sen. David Tomassoni (DFL-Chisholm).
HF108*/SF42/CH165
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