2014 Legislative Update Minnesota Public Risk Management Association September 11, 2014 Anne Finn,...
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Transcript of 2014 Legislative Update Minnesota Public Risk Management Association September 11, 2014 Anne Finn,...
2014 Legislative UpdateMinnesota Public Risk Management AssociationSeptember 11, 2014
Anne Finn, Assistant Director, IGRPatrick Hynes, Intergovernmental Relations Counsel
League of Minnesota Cities
Employment Law
Women’s Economic Security Act (WESA)
Minimum Wage
Joint Powers Entity Creation and Employee Protection
PERB
Confidential Employees
Miscellaneous Employee Regulations
Establishes Unemployment Insurance
Eligibility in Cases of Sexual Assault and
Stalking (Minn. Stat. § 268.095)
Pregnancy and Parenting
Leave (181.941)
Sick and Safety Leave
(181.9413)
Women’s Economic Security Act (ch. 239)
Women’s Economic Security Act
Familial Status (Minn. Stat. § 363A.08) “Familial Status” is added to the employment
provisions in the Minnesota Human Rights Act Defined as the condition of one or more minors being
domiciled with either their parent or parents or the minor's legal guardian,
or the designee of the parent or parents or guardian
with the written permission of the parent or parents or guardian.
Reasonable Pregnancy Accommodations (Minn. Stat. § 181.9414)
Requests like more frequent restroom, food and water breaks must be granted unless they are an unreasonable burden
Nursing Mothers (Minn. Stat. § 181.939)A Room, other than a bathroom, must be made available, free from intrusion and with an electrical outlet
Minimum Wage (Ch. 166)
$8.00 per hour beginning August 1, 2014
$9.50 per hour beginning August 1, 2016
$6.50 per hour beginning August 1, 2014
$7.75 per hour beginning August 1, 2016
“Large employer” is defined as having a budget of at least $500,000 (decreased from $650,000)
Every large employer must pay employees a rate of at least:
Every small employer must pay employees a rate of:
“Small employer” is defined as having a budget of less than $500,000
Joint Powers Entities & Bargaining Units (Ch. 223 – Minn. Stat. § 179A.60)
Sets procedure when 2 or more gov’t units form a joint powers entity that will employ individuals who previously were union employees Bureau of Mediation Services determines the
appropriate bargaining unit for all employees The bargaining unit of transferred employees is
presumed to be appropriate unless BMS determines it inappropriate
BMS may approve alternative unit agreed to by all parties
Establishes a process to determine which existing union contracts will apply prior to execution of new contractEffective for entities established on or after January 15, 2015.
Joint Powers Entities & Bargaining Units (Ch. 223 – Minn.
Stat. 179A.60) Seniority: Based on continuous service
with Joint Powers entity and member entity. Layoffs and recalls based on seniority.
Decertification: No petition can be considered in the first year.
Data Sharing: Law provides for sharing of private and confidential data between member units and Joint Powers Entity.
Note: Provisions prohibiting privatization of services, guaranteeing wages, and requiring retraining were removed during negotiations.
Public Employee Relations Board (PERB) (Ch. 211 – Minn. Stat §
179A.41)
PERB Membership (3 Members)
•Governor appoints two members:• One officer or member of exclusive representative of
public employees• one member represents public employers
•The two gubernatorial appointees appoint a third member, representing the public at large
PERB will hear unfair labor practice charges under the Public Employment Labor Relations Act (PELRA)
Data Practices & The Open Meeting Law
Data Security The “Timberjay” Bill Checking Account
Data Social Media and
the Open Meeting Law
Data Practice Compliance Resources
DATA SECURITY (CH. 284)
Introduced in 2013 largely in response to DVS data breach litigation and news reports
Applies a number of provisions in Minn. Stat. § 13.055 that previously applied only to state agencies
New requirements apply to ALL private data
Effective Date: August 1, 2014
DATA SECURITY: Procedures
Minn. Stat. 13.05, sud. 5
Existing statutory safeguard requirements must now also include . . . procedures for ensuring not public
data are accessible only to persons whose work assignments reasonably requires access to the data and that
not public data is only being accessed by those persons for purposes described in the procedures
DATA SECURITY:“Data Breach Reporting”
Upon final disposition of disciplinary action, a report on a breach must include, at a minimum:•Description of the type of data improperly accessed
•Number of individuals whose data was improperly accessed
•If there was disciplinary action taken, the name of each employee who improperly accessed the data; and
•Final disposition of any disciplinary action taken
DATA SECURITY:“Personal Information”
Personal Information defined in Minn. Stat. 325E.61, subd. 1 as
• A person’s first name or initial and last name stored in combination with• Social Security Number; or• Driver’s License Number; or• Account Number or Credit Card Number WITH
• Password, security code, or access code• IF: the data element is not secured by encryption or is
secured with encryption key, password, or other means necessary for reading
Cities must perform,At least annually, A Comprehensive Security Assessment of Any stored “Personal Information”
“Timberjay” Legislation
(ch. 293)Response to Supreme Court holding in Helmberger v. Johnson Controls, Inc., 839 N.W. 2d 527 (2013)
Minn. Stat. § 13.05, Subd. 11. Privatization.(a) If a government entity enters into a contract with a private person to perform any of its functions, the government entity shall include in the contract terms that make it clear that all of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions is subject to the requirements of this chapter and that the private person must comply with those requirements as if it were a government entity.
Supreme Court held that this was “simply a notice provision . . .” and the language does not impose “any direct, affirmative obligations . . .”
• Holding was contrary to a 2001 IPAD opinion (01-075), stating that 13.05 did create an affirmative obligation to comply with the MGDPA
“Timberjay” Legislation
(ch. 293)Minn. Stat. § 13.05, Subd. 11. Privatization.(a) If a government entity enters into a contract with a private
person to perform any of its functions, the government entity shall include in the contract terms that make it clear that all of the data created, collected, received, stored, used, maintained, or disseminated by the private person in performing those functions is subject to the requirements of this chapter and that the private person must comply with those requirements as if it were a government entity. All contracts entered into by a government entity must include a notice that the requirements of this subdivision apply to the contract. Failure to include the notice in the contract does not invalidate the application of this subdivision.
2nd Big Question: What is a “government function”?(See, Justice Page’s dissent.)
This language largely restores Minnesota to status quo ante. The big question is whether entities were aware of what status quo ante was.
Checking Account Data
Laws 2014, ch. 208, amendingMinn. Stat. § 13.37, subd. 1
Effective Aug. 1, 2014.
•“Checking account data” is now defined as Security Data in Minn. Stat. § 13.37, subd. 1.
• Security Data is defined as private data on individuals.
“The use of social media by members of a public body does not violate this chapter so long as the social media use is limited to exchanges with all members of the general public.
For purposes of this section, email is not considered a type of social media.”
Open Meeting Law and Social Media Use
Laws 2014, ch. 274, creatingMinn. Stat. § 13D.065
Effective Aug. 1, 2014.
Compliance : Information Policy Analysis (IPAD) (www.ipad.state.mn.us)
Data Practices Compliance: League of Minnesota Cities
• Free Webinar: “To Share or Not to Share: Data Practices Compliance”• September 18, 2014, 10 a.m. – 11:00 a.m.• Register Here
• Seminar (Part Two): “Effectively Managing and Sharing Gov’t Data”• Date TBD
• Focus on New Laws: Data Practices Act
• Focus on New Laws: Women’s Economic Security Act (WESA)
CIVIL LAW “JUNK DRAWER”
Passed Into Law “Responsible
Contractors”
Indemnification Agreements
Registration of AEDs
Did Not Become Law Residential
Sprinklers Alternative
Publication Diversion programs
“Responsible Contractors”(Ch. 253 – Minn. Stat. § 16C.285)
The contractor must: Provide Certification under
oath that it is a responsible contractor
Verify that all subcontractors it intends to use are responsible contractors
Provide a list of all subs it intends to use on a project with the bid and submit subcontractor verifications if requested
The city bid must contain: Definition of or reference to the
responsible contractor statute Statement that contractor failing
to meet requirement is ineligible to be awarded contract
Statement that submitting false oath makes contractor ineligible and CAN result in termination of contract
Statement that contractor shall, upon request, provide certificates of all subcontractors on the project
1) Only a “responsible contractor” may be awarded public bids >$50k
2) A “responsible contractor” cannot have violated any of a long list of state and federal labor, wage, and safety laws, rules, and regulations
“Responsible Contractors”
Effective January 1, 2015 and applies to contracts entered into based on solicitation documents issued on or after that date
Protections for Cities:
• City may accept the sworn statement as sufficient to determine compliance and shall not be liable for awarding a contract in reasonable reliance on the sworn statement
• City is not liable for awarding or failing to award a contract based on a reasonable determination that the contractor failed to verify compliance or falsely stated compliance
• Nothing restricts the ability of a city to establish additional criteria for defining a responsible contractor
Indemnification Agreements & Design Professional Contracts
Minn. Stat. § 604.21 defines “design professional contract” as any contract where a portion of work is to be performed by a professional licensed under Minn. Stat. 326B.02 (e.g., architects & engineers).Any provision purporting to indemnify, hold harmless, or defend the indemnitee from anyone other than indemnitor is void and unenforceable,• EXCEPT: Prohibition does not apply to the extent the
obligation to indemnify, hold harmless or defend is able to be insured.Any provision making the contract subject to the laws of
another state or requires dispute resolution in another state is void. • Applies to contracts for improvements to real property,
highways, roads, or bridges located in Minnesota.Applies to contracts entered into on or after August 1, 2014.
Registration of Public AEDs
Public Access AEDs
Public AED is one intended by its marking or display to be used or accessed by the public who may be in the vicinity of the device. • “Mobile AEDs” are exempted
Must be registered
A Registry must require a maintenance program. Examples include the following:• Minnesota AED Registry;• National AED Registry;• iRescU; or• A manufacturer-specific
program
Must have emergency response plan
Plan must be appropriate for the nature of the facility the AED is intended to serve
Registration of Public AEDs
Omnibus Health Bill, Ch. 291, Art. 8, sec. 27: Minn. Stat. § 403.51.
Public Safety Agencies: An agency may, but is not required to, oversee compliance with the law, and may direct the removal of a public AED or signs if the device is not ready for immediate use.
Required: Must be reasonably maintained and comply with manufacturer recall and safety notices.• Registration must occur within 30 working days of obtaining
the AED.
Encouraged: The use of universal AED sign is encouraged, but not required.
Civil Liability: The law does not create any civil liability on part of the owner, nor does it preclude civil liability under any other law.
Effective August 1, 2014
Did Not Become LawResidential Fire sprinkler prohibition failed. 2012 State Building Code will
require fire sprinklers in: New Townhomes New one-family homes > 4,500 sq. ft. New two-family homes
Fire sprinklers NOT required for additions, alterations, or repairs of existing buildings2012 SBC will go into effect Summer 2014
DID NOT BECOME LAW
Alternative Publication Option
Veteran’s Preference Hearing Changes
Traffic Ticket Diversion Program
Authorization
License Plate Reader Data Classification
Massage Therapist Regulation
Labor Peace Agreement Requirements
Special Service Districts for Mixed Use
Properties
Levy LimitsStreet Improvement Districts
Agency rulemaking revisions
League of Minnesota Cities:Additional Resources
• Free Webinar: “To Share or Not to Share: Data Practices Compliance”• September 18, 2014, 10 a.m. – 11:00 a.m.• Register Here
• Seminar (Part Two): “Effectively Managing and Sharing Gov’t Data”• Date TBD
• Legislative Action Center
• 2014 Law Summaries
• Focus on New Laws: Highlighting laws of particular interest to cities
• Focus on New Laws: Data Practices Act
• Focus on New Laws: Women’s Economic Security Act (WESA)
Questions? Contact IGR Staff
Gary CarlsonIGR [email protected]
Heather CorcoranIGR [email protected]
Craig JohnsonIGR [email protected]
Patrick HynesIGR [email protected]
Anne FinnIGR Assistant [email protected] Ann Lindstrom
Laura ZieglerIGR [email protected]