MnFAC Weekly Legislative Update
April 6, 2017
Meetings/Hearings:
April 5 – House Omnibus Jobs bill
April 9- April 17 “Spring Break” – no official business –April 11-April 17
April 12th at 9:30am - Work Comp Advisory Committee Vote on Supporting PTSD Presumption
Legislation, held at the MN Department of Labor & Industry, 443 Lafayette Rd N, St Paul Committee is voting on recommending support for the Presumptive PTSD legislation currently before the MN Legislature
April 18Legislative activity resumes – Conference Committees expected to begin their work this week.
April 18NOMnFAC meeting today – watch for notice of the next meeting – tentatively Thursday April 20
April 18Pension meeting
April 20Tentative MnFAC meeting – watch for notice
May 22Last day of 2017 regular Session
OMNIBUS Public Safety BUDGET BILLS:
» SF 803, Limmer --- Senate Judiciary and Public Safety Finance and Policy Bill - Passed on Senate Floor.
» HF 896 , Cornish ---- House Public Safety Omnibus Bill - Passede on House Floor
Waiting for conference committee
ACTION ITEM:
Watch for an action alert in the coming week.
If you do not have the contact information for your legislators, please use this link:
Who Represents Me?
Provision Affecting the Fire Service in Omnibus Finance bills:
Omnibus Public Safety
Senate -SF803PASSED March 28 - Vote: 52-15
Article 1
Fire Safety Account appropriations made as recommended by FSAC for the State Fire Marshal Division, the Board of FF Training and Education and the teams; but did not support the recommendation for school inspections. The committee followed the recommendation that funds not appropriated as designated by FSAC remain in the account and left for re-appropriation by the FSAC.
State Fire Marshal Division $6,123,000
-$300,000 each year for inspection of nursing home and board care facilities (replaces federal funds)
Board of FF training and Education $5,013,000
-$1,350,000 each year for increased ff training and education
-$ 60,000 each year for the Minnesota Air Rescue team
Haz Mat and Chemical Assessment Teams $850,000
Section 5
Public Safety Support.Appropriates $8.9 million in FY18 and FY19 for public safety support. Specifies that $640,000 each year is for payment of public safety survivor benefits; $1.367 million each year is for the public safety officer’s benefit account; and $700,000 each year is for soft body armor reimbursements.
Bomb Squadsreimbursement appropriation increase of $80,000
Disaster Assistance Account received $0 appropriation for reimbursements to local communities
House BillLanguage HF 896 PASSED on April 3 - Vote: 94-37
The FSAC recommendations followed for the State Fire Marshal Division, the Board of FF Training and Education and the Hazmat and chemical assessment teams. As in the Senate, the committee did not support recommendation for school inspections.
Funding for ERT teams. A bill was this year was to fund the Moorhead, Duluth and St. Cloud teams at $184,000 each with general fund dollars (total $736,000 each year), the fundedthe teams out of the fire safety account; and further amendment the bill to include the St. Paul team to provide parity in funding for all four teams.
On the House floor, the bill was amended to fund all the ERT and Haz Mat teams from the Railroad Safety Account for the biennium and to extend the sunset on the rail safety assessment for two years at a reduced rate and if the balance in the account falls below $1 million.
Bomb Squads reimbursement - no increase in appropriation
$2 million appropriated to the Disaster Assistanceaccount for reimbursements to local communities
Taxes
House BillLanguageHF4; Summary:
ARTICLE 4
Dedicates a portion of sales tax revenue related to the sale of personal fireworks.
Volunteer fire assistance grant account. Establishes this new account in the special revenue fund to be used for making grants to local fire departments for equipment and training. The account is funded with the estimated sales tax revenue from the sale of personal fireworks in the state in section 22. Effective beginning with deposits in fiscal year 2018.
Deposit of revenues. Requires the commissioner of revenue to deposit 25 percent of the estimated sales tax from the sale of personal fireworks in the account created in section 1, and 25 percent of the revenue to the existing fire safety account. The other 50 percent remains in the general fund. The estimate is a flat percentage of total sales tax revenues as determined under section 23. Effective for sales and purchases made after December 31, 2017.
Calculation of the percent of sales tax revenue attributable to the sales of certain fireworks related items. Requires the commissioner of revenue to consult with industry groups and make an estimate by December 31, 2017, of the amount of sales taxes collected in 2016 that were attributable to the sale of personal fireworks. This percentage shall be used to make future dedications under section 22. Effective the day after final enactment.
ARTICLE 17
Fire state aid. Replaces the term “town and farmers’ mutual insurance companies” with “township mutual insurance companies,” consistent of the use of the term elsewhere in statute. Effective the day following final enactment.
Firefighter relief surcharge payments. Modifies the definition of “commissioner” to reflect that the commissioner of revenue, not the commissioner of management and budget, determines payments under the firefighter relief surcharge for cities of the first class. Effective the day following final enactment.
Firefighter relief surcharge payments appropriation. Changes the appropriation for firefighter relief surcharge payments to the commissioner of revenue, not the commissioner of management and budget, since the commissioner of revenue makes the payments. Effective the day following final enactment.
Article 25
Returns; firefighter relief surcharge. Reduces the number of tax returns companies for the firefighter relief surcharge from three to two, by combining the March and May filings. Effective for returns due after October 31, 2017.
Senate Bill - SF2255 Summary:
Section 16. LGA; appropriation. Increases the local government aid appropriation by $12 million for aids payable in 2018 only.Section 17. CPA; appropriation. Increases the county program aid appropriation by $6 million for aids payable in 2018 only. The increase is split evenly between county program need aid and tax-base equalization aid.
Article 14 - Section 14 and 15. Firefighter relief surcharge payments.
Clarifies that the commissioner of revenue, not the commissioner of management and budget, shall determine amount of payment for the firefighter relief surcharge for cities of the first class. Effective the day following final enactment.
Tax bill continued…
Article 16 - Section 9. Surcharge. Consolidates three filing dates for the firefighter relief surcharge to two filing dates. By combining the March and May filings, there will no longer be filing dates for a two-month period. Effective for returns due after October 31, 2017.
Agriculture
Senate Bill Language S.F. No. 780 – contains the Sprinkler Prohibition – amended on Senate Floor
Fire sprinklers prohibited from being made mandatory by code orin any new or existing single-family detached dwelling unit, two-family dwelling unit, townhome, or accessory structure such as a garage,
covered patio, deck, porch, storage shed, or similar structure.
[This housing portions of the Senate Agriculture bill, could line up with the House Jobs bill which contains housing provisions; raising concerns over final adoption by conference committee of sprinkler prohibitions. The major reason is that the House Jobs bill contains the townhouse language which has the words townhome sprinkler language.]
Environment
House Bill Language - HF888; Summary: House Research Summary
Summary
Amends § 86B.511. Prohibits a person from using other lights when operation about that are not navigation lights, are visible on the exterior of the boat and that interfere with navigation lights or are red, green or blue. Provides an exemption for certain law enforcement activities and government-sanctioned public safety activities.
Senate Bill SF723 Summary
Summary navigation language:
Section 32 [Prohibition on use of certain lights on watercraft]prohibits the use of lights on watercraft that are not approved navigation lights if the lights interfere with the visibility of required navigation lights or are red, green, or blue. This section also provides exceptions for certain public safety and law enforcement activities.Section 33 [Clarification regarding eligible county water safety expenses] clarifies which county expenditures for water and watercraft safety and enforcement are eligible for reimbursement.
TRANSPORTATION
Senate - SF1060; Summary:
Article 1, Section 5
$640,000 each year is from the general fund for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.45. If the appropriation for either year is insufficient, the appropriation for the other year is available for it.
$1,367,000 each year is from the general fund to be deposited in the public safety officer’s benefit account. This money is available for reimbursements under Minnesota Statutes, section 299A.465.
Article 4
Section 28. Limitations; misdemeanor. Makes a technical change to move an existing weight limit exemption for fire apparatus to a new subdivision. This section is effective the day following enactment. (S.F. No. 2091, Lang)
Section 29. Certain emergency vehicles. Establishes motor vehicle weight limit exemptions for police special response vehicles and ambulances. This section is effective the day following enactment. (S.F. No. 2091, Lang)
House -HF861; Summary: House Research Summary
Article 1 – Section 6
Creates separate appropriations for programs administered through the commissioner’s office (which in past budgets has been funded as riders), consisting of aid to local government for public safety officer survivor benefits, officer health benefits, and soft body armor reimbursements.
Metropolitan Council and counties authorized to contract for use of railroad or mass transit right-of-way, and railroad civil liability regulated.
JOBS
House - HF2209; Summary: House Research Summary
Article 11
Section 1. Rules impacting residential construction or remodeling; legislative notice and review. Provides a procedure for legislative review and approval of proposed administrative rules that increase the cost of residential construction or remodeling by $1,000 or more per unit. The initial determination of a rule’s impact on these costs is made by the agency, but is subject to review by an administrative law judge. Notice to the legislature is required if the costs of a proposed rule exceed the $1,000 threshold, as determined either by the agency or by the administrative law judge.
A legislative committee with jurisdiction over the subject matter of the rule may vote to advise the agency that the rule should not be adopted as proposed. If this vote occurs, the rule may not be adopted unless it is approved by law. This section also clarifies that any severable portion of a rule that does not meet the cost threshold may be adopted, regardless of whether a legislative committee vote is conducted on other portions of the same rule.
Interim ordinance. Requires a two-thirds vote of the members of a city council present to adopt an interim ordinance that regulates or prohibits a housing proposal. A “housing proposal” is a written request for approval of a project intended primarily to provide residential dwellings, and involves the subdivision or development of land, or demolition, construction, reconstruction, alteration, repair, or occupancy of residential dwellings. Requires written notice about such a vote to interested parties and notice on the city’s Web site, if there is one, as well as a public hearing at the next regularly scheduled council meeting or within ten days of the notice, whichever is earlier. Prohibits activities proposed to be restricted by the moratorium before the hearing. Effective for interim ordinances proposed on or after August 1, 2017.
Article 2
Section 18. Rulemaking. Requires the commissioner of labor and industry to amend the state building code rules so that new two-unit townhouses are not required to install automatic fire sprinkler systems. Allows the commissioner to make this rule change outside the normal rulemaking process, without the rule expiring in two years. (The language as agreed to has been passed off the Senate floor as a separate bill)
The House language will be amended to the Senate bill with the date being effective immediately.
Section 3. License fees and renewal fees. Reduces license fees for construction contractors, electricians, plumbers, high pressure pipefitters, and boiler operators.
Section 4. Places of public accommodation subject to building code. Defines “places of public accommodation” and requires places of public accommodation to comply with the state building code.
Section 5. Building permits. Reduces construction plan review and inspection permit fees for construction projects under the jurisdiction of the Department of Labor and Industry, including state owned and state licensed facilities, hospitals, and schools.
Senate Jobs Bill - SF1937;Summary:
Passed on Senate floor – March 29 – Vote 58-9
Article 3
Sec. 4.
Places of public accommodations subject to code
Specifies that the commissioner shall enforce the State Building Code for “places of public accommodation” if not adopted by a municipality.
State Government
Senate Bill - SF605;
Section 6 [Rules Impacting Residential Construction or Remodeling; 14.1275] requires an agency or administrative law judge to determine the cost of complying with a proposed rule on construction or remodeling. If the cost exceeds a specified amount ($1,000 or more), the agency must notify the legislature. If a legislative committee advises an agency not to adopt a rule that meets or exceeds the specified cost threshold, the agency may not adopt the proposed rule unless the rule is approved by law. The committee must notify certain entities of their vote and publish notice of the vote in the State Register.Sections 7 through 9 prevent a new rule from taking effect until approved by law if the rule meets one of the following conditions:
(1) The rule is enacted without a specific authorization of rulemaking to enact rules to implement a specific statute section;
(2) A sanction or penalty can be imposed for failure to comply with the rule; or
(3) The regulating agency has the authority to adjudicate a dispute with a regulated entity about enforcement of or violation of the rule.
Section 7 [Generally; 14.18, subd. 2] applies to rules adopted after a public hearing. Section 8 [Publication of adopted rule; 14.27] applies to rules adopted without a public hearing. Section 9 [Adoption; 14.389, subd. 3] applies to rules adopted using the expedited rulemaking process. These sections are effective the day after enactment and apply to rules for which a notice of adoption is published on or after the effective date.
Section 10 [Initiation; Decision; Agreement to Arbitrate] shifts final decision-making authority in a contested case proceeding from an agency to the Office of Administrative Hearings. This section is effective August 1, 2017, and applies to contested cases initiated on or after that date.
Section 11 [Affirmative Defense; 14.605] establishes an affirmative defense in a contested case or other action to enforce a rule if a person shows by a preponderance of the evidence that the cost for the person to comply with the rule exceeds $50,000. This section is effective the day after enactment and applies to rules for which a notice of adoption is published on or after that date.
Section 12 [Transfers to the Governor; 16A.1282] precludes an agency from transferring money to the governor for services provided by the governor or to reimburse expenses incurred by the governor.
House Bill language - HF691 Summary: House Research Bill Summary
Art. 4,
Sections 1, 4-35 - Contains various modifications to administrative rulemaking procedures, including expanded authorization for legislative objection and oversight of rules, and increased opportunities for analysis of the potential impact of rules. Proposed rules with a substantial economic impact may not be adopted until approved by law.
No Omnibus Pension Bill currently available: Work on the omnibus bill gets underway April 18, after the break.
Bill Introductions:
No new bill introductions
Fire Service Initiatives:
Fire Taxing Distrticts
HF 2120 Davids, Marquart, Gunther, Hansen/ SF1918 Chamberlin/Rest
Authorizing the creation of fire protection special taxing districts; authorizing property tax levies and issuance of bonds.
Supported by MN League of Cities and supported by the Townships Association
NOT HEARD – Not moving forward this year
Fire Service Initiatives continued…
Fire Safety Account
HF 2121Cornish, Howe, Hilstrom / S.F. No. 1830:Limmer/Hall/Latz/Ingebrigtsen
Appropriating money from the fire safety account; t. Provides the biennial 2918-2019 base appropriations for Firefighter Training, State Fire Marshal Division, Task Force 1, Regional Response Teams, MART
Different versions are included in the two Omnibus Public Safety bills noted on the omnibus bill summaries.
School Inspections
HF 1611Howe/Newberger - [HEARING REQUESTED]
Private and parochial schools required to be inspected. If adopted, all school inspections will be funded by the Fire Safety Account. Program will be established to assist if building upgrades needed per inspections by providing low-interest loans
(Currently just 12 local units of government inspect private/parochial schools)
NOT HEARD – Not moving forward this year
Transfer Fire Code
H. F. No. 700, Howe – [HEARING REQUESTED]
will be amended in committee w correct statutory citation
Transferring responsibility of the fire code to the state fireMarshal from DLI
NOT HEARD – Not moving forward this year
Hometown Heroes
H.F.438 – Rep. Howe/no companion
Pension bill provision from 2016 conforming PERA (MS 353.01) to the Commissioner of Public Safety’s definition by adding: (2) a death that is determined by the commissioner of public safety to meet the requirements of section 299A.41, subd. 3
This provision has been INCORPRATED INTO PENSION BILL HF565]
Flame Retardant Ban
HF1627 Howe/ SF1535 Abeler -
Ban on specified toxics in flame retardants
Six chemicals remaining from 2015 bill introduction.
NOT HEARD – Not moving forward this year
Railroad Safety - similar to SF210 Senjem
HF 1465 Torkelson / SF 1595 Newman
Railroad oil and hazardous materials emergency preparedness provided.