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NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
JULY 6, 2010
NEW LAWS EFFECTIVE JULY 1ST
Dear Friends:
I hope everyone is having a good summer and enjoying our mild weather.
Although the Legislature has adjourned some of the laws passed during the last session are just now scheduled to take effect. You may remember some of these issues from previous updates. While many new laws have already been implemented, I wanted to address a group that will be going into effect as of July 1st.
SPECIAL SESSION BUDGET LAW: If you’ll remember, the Legislature ran out the clock without a budget, but had an agreement which took a short special session to finalize and pass. Special Session House File 1 balanced the budget and several of those provisions take effect July 1.
If you are a school district with a cash reserve you are winner. A provision in the law now allows districts to retain higher levels of cash reserves before being denied payments from the state. The requirement that the state halt school payments before needing to incur more debt through short-term borrowing is now also lifted.
If you are a business that was counting on a refund from overpaying your corporate taxes or had made a capital investment in equipment relying on the capital equipment refund promised by the state you suffer. The payments scheduled to reimburse you in 2011 have been pushed into at least 2012.
Doctors and hospitals will feel the pinch. The state has reduced payment rates for doctors and professionals services by 7 percent with the exemption of family planning services, primary care and preventative medicine. Hospitals operating costs are periodically reassessed for their payments from the state through a process called rebasing. The last time rebasing was done for hospital costs was 2002. It has now been pushed into 2013.
DISABLED VETERANS ELIGIBLE FOR FREE STATE PARK PERMIT: Another law new this summer expands the ability to receive a state park permit to any Minnesota veteran with any level of service-connected disability. Minnesota already provides an annual state park permit to veterans with total and permanent service-connected disabilities.
So get out there and enjoy all the natural beauty that Minnesota has to offer, and thank you veterans, for your sacrifice for our freedom.
PREDATORY OFFENDER REGISTRATION: Effective July 1, predatory offenders will be prohibited from listing homeless shelters as their primary or secondary address, a practice that has helped some avoid registration requirements for those who do not have a primary or secondary address. The law also clarified that an offender’s duty to register is reactivated when the person returns to the state after living outside Minnesota if the offender’s registration period has not expired.
DRAWING BLOOD FOR DWI: In an effort to speed up the DWI processing, a new law will allow more trained medical personnel to take blood for determining the presence of alcohol, controlled or hazardous substances. The new law expands the arena of people deemed lawful to extract blood from DWI suspects.
BODY ART TECHNICIANS REGULATIONS: In an increasing trend to license and regulate an ever-widening array of professions, the Legislature enacted a set of regulations and licensing procedures complete with fee structures, for the regulation of body art technicians and establishments. Piercing and tattoo parlors will now be subject to a $1,000 establishment license and each tattoo or body piercing artist will be tagged for $100 for an individual license. Guest artists may get a temporary license for $50. Children under the age of 18 may not receive tattoos regardless of parental consent, although most piercings are allowed.
BUSINESS SCREENING: Services which provide background check information on individuals for businesses can now only provide data on “a criminal record that reflects the complete and accurate record provided by the source of the data.” Those businesses must update their records provided within 90 days of their disclosure and within 30 days if they receive information from a governmental agency.
GUARDIAN AD LITEM BOARD CREATION: The State Guardian Ad Litem Board will be established to advocate for the best interests of children, minor parents and incompetent adults in court. This law came about to remedy a perceived conflict of interest between guardian ad litems which represent the interests of the child, and the court system which pays for and appoints the guardian ad litem.
The board will consist of seven members, four appointed by the governor, three appointed by the Supreme Court, and one who must have previous guardian ad litem experience. An active judge cannot serve, but a retired one may. Registered lobbyists cannot be appointed. The appropriation to the new board will cost just over $12 million and come from the trial court appropriation for the guardian ad litem program.
GANG STRIKE TASK FORCE: As of July 1 any joint powers entity established between two counties in the state with populations over 500,000 each is officially dissolved and all governing or advisory powers are also dissolved. This law is specifically targeting the Legislative disbanding of the Metro Gang Strike Force which was a law enforcement entity created in the twin cities metro area which has recently come under investigation for a myriad of improprieties. Other parts of this law which more broadly address forfeiture will be implemented in August of this year.
DATA PRACTICES / PRIVACY LAW: If a private citizen files a data practices complaint against a state agency it has often meant an extremely long and drawn out affair over a number of months or years. A new law will speed up the process but it will still cost the party initiating the complaint $1,000 in initial filing fee. An administrative law judge must deliver a judgment within 30 days. If you prove your case and “substantially” prevail you would be eligible for up to $5,000 reimbursement of attorney fees and refunded your initial $1,000 filing fee, minus $50.
VETERANS OF FOREIGN WARS DAY: After this year, every May 28 will be recognized as Veterans of Foreign Wars Day in Minnesota. This is the same day the Veterans of Foreign Wars was founded in 1899. The group was chartered by Congress on May 28, 1936.
Thanks for taking the time to read my update, and please feel free to contact me with your questions and comments.
Sincerely,
Bill
State Senator Bill Ingebrigtsen encourages and appreciates constituent input, and can be reached at 651-297-8063, by mail at 123 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or via email at sen.bill.ingebrigtsen@senate.mn.
Bill Ingebrigtsen State Senator District 11 Office Phone Number 651-297-8063
NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
MAY 19, 2010
2010 LEGISLATIVE END OF SESSION REVIEW
Dear Friends:
While Monday, May 17 was the last day the legislature could meet constitutionally, no legislation can be passed on that day. The agreement between the Governor and Legislative leaders was close but took extra time for fiscal staff and the revisor to prepare the bill for action. Thus, farewell speeches of departing senators were held Sunday afternoon and all other action completed by midnight. The governor then called a special session for Monday to finish the final budget work.
The session-ending solution, passed in the brief special session, held firm to no tax increases, and balanced the budget with about $800 million in total cuts. It enacted the governor’s 2009 unallotments on a onetime basis to cover this biennium only and to pre-empt further lawsuits. It also ratified the $1.8 billion K-12 aid payment shift that was increased by 3% and will require payback beginning in 2011.
As part of the deal, Gov. Pawlenty agreed to approve legislation authorizing the next governor to have the state apply for an early expansion of Medicaid enrollment. There is also $10 million in extra funding for General Assistance Medical Care (GAMC) but no surcharge on health care providers to pay for it. The potential $408 million in enhanced Medicaid match funds that are anticipated--though the time of their arrival is uncertain--would be used to bolster the state’s cash flow. Most lawmakers were pleased that the final legislation also guarded against cuts to nursing homes and further public safety cuts. However, the deal didn’t provide any fundamental solutions to the long term deficit projects and just passed the tough decisions to next session. For this reason, I was unable to support the final solution.
A largely non-controversial education bill with broad support had a House provision that would have allowed school boards to renew levies expiring during the next six years without having to go back to voters. School boards could have extended the length of the original referendum levy and for the same dollar amount. This took away the voice and vote of the people and I, and several members, could not support this bill. A motion to send the bill back to conference committee was successful in the Senate, but midnight was too close to make necessary changes to it. Many of us spent the night in our offices. I was awakened early to work on the final version of the bill, which was reached and passed unanimously by the Senate. However, the House fell short of votes to suspend the rules to allow it to be considered.
Disappointment that significant reforms resisted vigorously by Education Minnesota were not a part of the package was probably a key reason that the opposition could not be overcome in the House. A bill for home school mandate relief that streamlined reporting requirements, made less work for superintendents and school districts, and saved the state money (over $400,000 a year)--a win-win for all--was one of the casualties. Provisions needed by a number of individual school districts were lost as well.
EDUCATION REFORM
A second round application for Race to the Top federal funding has become even more unlikely. Lack of legislative commitment to reforms in teacher and administrator evaluation to improve teacher effectiveness linked to student achievement, plans for turning around failing schools and providing alternative pathways to licensure without sacrificing standards assured that the application would not be competitive.
Many of us, while supporting reforms, are not inclined to look with favor on the federal government setting almost-impossible-to-meet timelines and prescriptive actions in an area that is the responsibility of the states, not the federal government. The commitment to improved student achievement, closing the achievement gap in many of our schools, using evidence-based, scientific research to back the policies we pursue will continue next session.
LAW ENFORCEMENT
Much debate took place during session spurred by the behavior of the Metro Gang Strike Force. As is often the case, one situation, occurrence or failure of judgment leads to proposals for far-reaching changes. I opposed many of the changes that would have severely limited the work of many rural task forces that are doing an excellent job.
In the end policies and practices that would have greatly curtailed the work of effective drug task forces such as the one serving our communities were not approved. Changes that were made to forfeiture laws and the distribution of the proceeds of sales of forfeited property taken during drug operation arrests were still preserved. This allows our local law enforcement agencies running operations a primary means of funding rather than being captured by the state to relieve its budget woes.
SOME FINAL WORDS
The pulling back of the majority leadership-developed budget solution which passed, I believe on Saturday-the last few days have run together as Saturday’s session ended at 6:45 a.m. on Sunday-rather than send it to the governor for a veto and the sending back of the education bill to conference committee, also preventing a veto, allowed this session to end with less hostility than in other recent sessions.
The Senate majority leader ended the special session by acknowledging the good work of Senate President Jim Metzen (DFL) and President Pro-Tem Dennis Frederickson (R) who is retiring this year. He also pledged that never again would the president be put in the position he was in at the end of the last session forcing action on a major bill with only a few minutes remaining in the session and senators calling out to be recognized. It was pandemonium unbecoming to the institution of the Senate with members leaving the chamber disheartened and disgusted. Gratefully, it was not repeated this session, as time was taken for expressions of gratitude to hardworking staff who have been working around the clock.
I will be sending out updates on changes to legislative areas throughout the summer. I believe this will be a better way to comprehend the changes since it might be information overload.
I hope these updates have been of interest to you. Thank you for your comments, ideas and questions along the way. Keep them coming!
Sincerely,
Bill
NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
MAY 17, 2010
Reducing Legislature Gets No Traction
Democratic senators pulled back from floor debate recently a bill authored by Sen. Gen Olson (R-Minnetrista) that would have reduced the size of the legislature by 11 senators and 22 representatives and saved $3 million every year in compensation, fringe benefits and expenses not paid to legislators and support staff.
Minnesota currently has the largest state Senate in the country and the fifth largest legislature. It ranks 21st in population. After the reduction Minnesota would tie for third largest state Senate. The House of Representatives would rank 14th largest, and the legislature overall would rank 13th. Each member of the legislature and one staff assistant costs taxpayers a minimum of $124,333 annually, according to Senate Research.
The bill would have reduced the size of the legislature from 67 to Senators to 56. 56 Senators was chosen because it made logical sense. The number is divisible by 7 or 8. Minnesota has 8 congressional seats so each congressional seat would have 7 State Senators. If one seat is lost in the census, each district would have 8.
“The bill was common sense,” said Senator Bill Ingebrigtsen (R- Alexandria). “We are asking state agencies and local governments across the state to cut waste and reduce spending. My Democratic colleagues did not even want to have this debate on the floor to reduce our own. It is hypocritical, in my opinion, to ask others to cut when you can’t reduce your own expenses. I believe that this would have been a perfect opportunity to lead by example.”
Along with cost savings, supporters of the plan cite improved, simplified, and more efficient communication with constituents due to new technology such as e-mail and Facebook for a decreasing need for the current ratio of legislator to citizen.
“Times are tough and Minnesota families and businesses have to do more with less. There’s no reason the legislature can’t do the same thing,” said Olson. “I believe we are fully capable of continuing to provide services to our constituents and to meet our lawmaking responsibilities with fewer senators.”
Olson’s bill passed successfully through three committees and was slated for floor debate in the Senate. Democrats, who control the Senate determine what bills get debated and voted on, pulled the bill with no explanation.
State Senator Bill Ingebrigtsen encourages and appreciates constituent input, and can be reached at 651-297-8063, by mail at 123 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or via email at sen.bill.ingebrigtsen@senate.mn.
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NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
MAY 8, 2010
2010 LEGISLATIVE WEEK 13 IN REVIEW
Dear Friends:
This week the state Supreme Court ruled against Gov. Pawlenty’s use of unallotment budget cuts that occurred last year. The high court did not rule that unallotment was unconstitutional, but rather that it was used in a manner that “exceeded the authority granted to the executive branch” without a signed, balanced budget in place. It should be noted that it is the Majority party’s responsibility to present the Governor with a balanced budget.
Due to the original fiscal irresponsibility of the majority leadership in both legislative bodies, Governor Pawlenty was forced to use drastic measures to balance the budget last session. Ironically, the ones who pushed for the lawsuit, the Democrats, are now the ones responsible for crafting a budget solution to solve a deficit three times as large as it was before the court’s ruling. It was easy for them to attack the Governor on his cuts, but now it is their turn to make some tough decisions. Negotiations are continuing on a solution, and I will update you as they progress.
Here is an update of the legislative action at the Capitol this week.
STATE PENSIONS The Senate passed its omnibus pensions bill this week amid much debate focused on the general overall sustainability of the structure of the state’s closed pension funds. In the end, roughly $137.6 million per year in additional pension obligations will become the responsibility of Minnesota taxpayers.
Republicans offered an amendment that would place employees hired after July 1 in defined contribution plans. Employees and the state would contribute to the pensions, but the state wouldn’t be obligated to cover the retirees’ pension benefits. This is how the private sector works today and the attempt was to bring the state up to current realities and practices of pension structure. The amendment did see bipartisan support before being defeated largely along party lines.
FORFEITURE LAWS Updates were made to the state’s forfeiture laws used by law enforcement around the state in the fight against illegal drugs. The changes make it more difficult for law enforcement agencies to confiscate property from those involved in drug and related criminal activity by increasing the threshold of value of drugs found to allow forfeiture. For instance the previous law allowed forfeiture of property if the value of the drugs confiscated was $25. The new threshold would raise the threshold of value of the drugs to $100 in order for law enforcement to confiscate an article of property. The value of drugs must now be $400 for the confiscation of a vehicle.
Law enforcement agencies, including the Minnesota Sheriffs Association, the Minnesota Chiefs of Police, and the Minnesota Police & Peace Officers Association (MPPOA) generally did not support the bill. I opposed this bill and believe this bill is an overreaction to the problems that occurred in the Metro Gang Strike Force. A few bad apples that were breaking the law in the Metro area should not be able to take away all the great work all our other law enforcement communities, especially in rural Minnesota, are doing to protect and serve Minnesotans.
STADIUM STRUGGLES On Monday, a bi-partisan group of legislators from greater Minnesota unveiled a plan to finance and build a new Vikings stadium. The initial plan carried a $527 million price tag, funded with a 1.5% surtax on area hotels, a tax on jersey purchases, a sports-themed scratch-off game, and an expanded tax on rental cars.
Currently, a dramatically-altered bill has been passed by the State Government Operations and Oversight Committee after adding a seat-licensing provision. Under the provision, fans would pay an average of $8,000 for permanent rights to seats, with some choice spots costing $20,000. In the House, the bill is not dead, but was defeated 10-9 by the House state and local government operations committee.
Thanks for taking the time to read my update, and please feel free to contact me with your questions and comments.
Sincerely,
Bill
State Senator Bill Ingebrigtsen encourages and appreciates constituent input, and can be reached at 651-297-8063, by mail at 123 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or via email at sen.bill.ingebrigtsen@senate.mn.
NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
APRIL 30, 2010
2010 LEGISLATIVE WEEK 12 IN REVIEW
Dear Friends:
Once again we had a shortened legislative week due to the state political conventions now falling within the time allotted for legislative action. This week the Republicans are having their convention in Minneapolis where they will decide who will be running for the statewide political offices.
While the week was short, we did have some important legislation. Here is an update of the legislative action at the Capitol this week.
TRANSPORTATION The Senate passed its omnibus transportation bill this week. Some notable points in the bill include a provision requiring the Commissioner of Transportation to implement a “complete streets” policy that incorporate pedestrian and bicycle lanes for any new or updated streets and road project receiving state funding. Also included in the bill is the addition of a MnDOT concept called "greenification." Designed to influence future department policy by making issues such as climate change, and greenhouse gas emissions a consideration, it is also likely a step in the direction of a mandate to reduce the vehicle miles traveled, presumably through some tax or fee structure in the future.
Referred to as “don’t block the box,” another provision of the bill would make it a ticketable offense to enter an intersection on a green light with the intent to turn before actually being able to make the turn because of oncoming traffic. Opponents say that in many instances this is the only way in which motorists can complete a left turn in extremely congested intersections.
Also, if you want a specialty license plate, this bill may have something of interest. There are provisions for specialty license plates recognizing retired firefighters, Armed Forces Expeditionary Medal, Korean Defense Service Medal, Bronze Star, and Silver Star medal recipients, the Red Cross, “Proud to be a Veteran,” and remembering the victims of impaired drivers. Motorcyclists will be allowed to display their license plate vertically with an additional $100 for a special vertical motorcycle plate.
The Senate bill will be paired with the House version in a conference committee to work out differences before being sent to the Governor.
CHARTER SCHOOLS Currently charter schools are prohibited from owning their own facilities so the mechanism many use to construct their buildings is to finance them through a nonprofit entity called an “affiliated business corporation” or ABCs. Legislation passed in the Senate this week puts an end to ABCs and tightens up eligibility for lease aid from ends start-up aid from the state. The MN Association of Charter Schools objects to the withdrawal of the state aid in start-ups as well as the end to the grandfather provision in current lease aid. I voted against this measure because I believe it is too drastic and needs more work so all stakeholders can come to a compromise.
CHILD MALTREATMENT REPORTING Under a new law, parents or legal guardians are now required to be notified within ten days when a child is the subject of a report of alleged maltreatment by a teacher or employee in a school facility. Previously only local police departments, county sheriffs, or the local welfare agency had been required to be notified when a report was filed or being investigated.
TEENAGERS’ AUTO INSURANCE A new law allows minors who legally own a vehicle to now enter into a legally binding contract to buy insurance for the vehicle. The contract is fully binding on the minor on the same basis as if the minor were an adult.
Thanks for taking the time to read my update, and please feel free to contact me with your questions and comments.
Sincerely,
Bill
State Senator Bill Ingebrigtsen encourages and appreciates constituent input, and can be reached at 651-297-8063, by mail at 123 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or via email at sen.bill.ingebrigtsen@senate.mn.
NEWS FROM STATE SENATOR BILL INGEBRIGTSEN SERVING THE COUNTIES OF TODD, DOUGLAS, GRANT, AND STEVENS
FOR IMMEDIATE RELEASE
APRIL 23, 2010
2010 LEGISLATIVE WEEK 11 IN REVIEW
Dear Friends:
As a result of the law passed in February to move up the date of Minnesota’s political primaries from September to August, filing dates and all other related election filing deadlines have also been moved up in accordance.
The state political conventions now fall within the time allotted for legislative action. The Democratic convention is currently underway in Duluth so we had a shortened week of work to accommodate. Next week, the Republicans are having their convention in Minneapolis. In the spirit of bipartisanship, we will only be in session part of next week as well.
Here is an update of the legislative action at the Capitol this week.
GUARDIAN AD LITEMS The Senate passed a bill that establishes a board to oversee the operation of the guardian ad litem program in Minnesota. A guardian ad litem is a person who has the legal authority to care for another person that is incapable of caring for themselves. However, I had an issue with the bill when it came to the floor because it did not require at least one guardian ad litem to be a member of the board. I believe that having people with first hand experience in the field is important to have on a board that oversees the given profession. It is hard to make decisions if you cannot relate or at least get the perspective of what it is like on the job.
I was able to successfully add an amendment that requires at least one current guardian ad litem to be placed on the board. This strengthens the bill and I supported it after this change. It should be noted that the formation of this board will not cost the taxpayers any additional money. The funding will be shifted from the Supreme Court Budget that currently oversees it.
INVERTED BLOCK GRANTS The Senate passed another bill that would give further discounted energy rates to low-income customers for the first 400 kilowatt-hours consumed in a billing period. Currently they receive power at half the cost for the first 300 kilowatt-hours per month.
This would be paid for by other customers on a progressively increasing scale. Inverted block rates would act as a tax on businesses and job creators. If a business or industry were to expand and use more energy, it would pay significantly higher prices. This would work as a disincentive for business growth and further discourage small business from adding new jobs.
The intent of inverted block rates is to encourage conservation. However, the same time this bill would also give qualifying customers a 50 percent electric rate discount on the first 400 kilowatts consumed in a billing period, up from 300 kilowatts, effectively encouraging more use. This is yet another shifting of cost onto our job creators, and I oppose it.
Thanks for taking the time to read my update, and please feel free to contact me with your questions and comments.
Sincerely,
Bill
State Senator Bill Ingebrigtsen encourages and appreciates constituent input, and can be reached at 651-297-8063, by mail at 123 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or via email at sen.bill.ingebrigtsen@senate.mn.
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