February 27, 2015 

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2015 Legislative Session | Week 8
House Introduces Scheduling Regulation Bill
 
This week legislators in the House introduced H.F. 1139, a bill requiring employers give each employee their work schedule--in writing--at least 21 days before the first day of that work schedule.

The bill would also provide employees the right to decline a scheduled shift that starts less than 11 hours from an ending shift. Also if the employee works any hours during the 11 hour rest period, the employer must pay 1.5-times pay to the employee.  Other components of the bill would impose penalties for violations. The bill was referred to the Committee on Commerce.

MnRA believes that scheduling decisions are best left to an employer and employee, and as such has concerns with the bill as introduced.
Tipped Wage
House Committee Passes Tipped Wage Legislation; Referred To General Register For Floor Debate
 
This week the House Job Growth Committee passed legislation to account for tips that employees receive in calculating the states minimum wage pay.

The bill, H.F. 1027 would allow employers to pay $8 per hour to workers who earn at least $12 an hour in salary and tips. Workers whose pay and tips don't exceed $12 an hour would get the standard minimum wage rate.

At the conclusion of the hearing the bill was passed and referred to the general register to be scheduled for discussion on the House floor. Governor Mark Dayton has said he does not support changing the law to recognize tips.
Minimum Wage
House Introduces Preemption of Local Minimum Wage Legislation

This week Representative Tony Albright introduced H.F. 1241, a bill to create statewide uniformity on minimum wage and benefit mandates relating to private employers. The legislation seeks to  address the concern of local mandates on benefits and minimum wage, such as a local minimum wage set higher than the state minimum. The companion bill for this legislation has already been introduced in the Senate.  

 

Preemption of local wage mandates is a priority for MnRA this session. 

Tobacco Tax
Senate Tax Committee Hears Testimony On Repealing Annual Tobacco Tax Inflator 

Earlier this week members of the Senate Tax Committee heard testimony on S.F. 777, a bill to repeal the automatic inflation of Minnesota's cigarette excise tax. The Committee heard testimony about a drop in sales, especially around boarder communities, due to Minnesota's uncompetitive pricing of tobacco products.
 
At the the conclusion of the hearing the bill was laid over for possible inclusion in the Senate omnibus tax bill. Both chambers have now heard this legislation and will decide whether to include it in their respective ominous bills.

The cigarette excise tax annual automatic inflator removal is a priority issue for MnRA this session.

Your Story Meets Your Legislator
Retailers From Across The State To Meet Legislative Leaders March 19 


Your story meets your legislators at the Minnesota Retailers Association's I am RETAIL Day at the Capitol. Our half-day begins with a breakfast reception featuring legislative leaders at the Minnesota History Center followed by conversations with legislators at the State Capitol. 


With one in four jobs in Minnesota directly connected to retail, our elected officials now more than ever need to understand the impact of their decisions on retail businesses.

 

I Am RETAIL Day At The Capitol
Thursday, March 19
7:30 a.m. - noon 


No cost to attend. Continental breakfast served. RSVP requested by March 11. Non-members welcome.

  

Sponsors  

Presenting:
 
Supporting:
     


Transportation:

State Budget
Projected State Budget Surplus Swells To $1.9 Billion

From Star Tribune, Abby Simmons, February 26, 2015

"The state's budget office on Friday reported that Minnesota's projected budget surplus grew to $1.9 billion, up $832 million from a previous projection, setting the final stage for budget negotiations at the Capitol.

The revised figure will provide the framework with which legislators will craft their respective budget proposals. DFL Gov. Mark Dayton has already proposed a $42-billion budget, with the majority of new spending earmarked for education. The governor will submit a revised proposal based on Friday's budget and economic forecast.

The Minnesota Management and Budget Office, in a one-paragraph summary, said the surplus grew largely because of higher tax collections and reduced projected spending. The state's budget office commissioner Myron Frans will provide an overview of the economic and budget forecast at 11 a.m. Friday.

Officials said that since the November budget forecast, revenues are projected to rise an additional $616 million, or 1.5 percent. Projected spending, based on current law, is down $115 million, or 0.3 percent."

 

Survey
KSTP/SurveyUSA Poll Results: Transportation, KG Trade, Teacher Layoffs

From KSTP, February 24, 2014

"SurveyUSA interviewed 600 Minnesota adults between Feb. 20 through Feb. 24. They answered questions about Gov. Dayton's performance, transportation, commissioner pay raises and sports."

 

Select survey questions and responses:


"Governor Dayton proposes a sales tax on gasoline, higher driver's license registration fees. and a higher general sales tax in the 7-county Minneapolis metro area to raise $6 billion over 10 years for new highways, bridges and mass transit. Do you approve or disapprove? Asked of 525 registered voters. Margin of sampling error for this question = � 4.4%

43% Approve
51% Disapprove
6% Not Sure

House Republicans propose spending $750-million on highways and bridges over four years by using some of the state's budget surplus and other existing funds without raising taxes. Do you approve or disapprove? Asked of 525 registered voters. Margin of sampling error for this question = � 3.8%

75% Approve
17% Disapprove
8% Not Sure"

 
Shipping
NRF, RILA Applaud Tentative Port Deal

From Retailing Today, Gina Acosta, February 23, 2015

"The National Retail Federation and the Retail Industry Leaders Association are celebrating a tentative agreement on a labor dispute that caused problems at 29 West Coast ports.

Retailers have warned for months that the impasse in negotiations was creating an economic challenge, and that a full-scale strike would negatively impact the entire American economy. Farmers and manufacturers were also reporting a heavy toll as agriculture exports suffered and part shortages were leading to factory slowdowns for some automakers.

"After months of congestion and the very real possibility of a debilitating shutdown, retailers are relieved to see a deal in place, and anxious to see the ports up and running at full capacity," said Kelly Kolb, vice president of government affairs for the Retail Industry Leaders Association. "It will take months for business to return to normal, but this is obviously a huge first step in the right direction."

 
Government Data
Poll:Two-Thirds Of Minnesotans Back Electronic Data Privacy Amendment  

From Star Tribune, Abby Simmons, February 26, 2015

"Two-thirds of Minnesotans would support amending the Minnesota Constitution to protect electronic data from warrantless searches, according to a poll commissioned by advocates for the effort.

The survey of 500 Minnesota voters conducted Feb. 24-25 by Public Policy Polling revealed that 66 percent would support the amendment which would, according to its proposed language would shield "electronic communications and data from unreasonable searches and seizures as they are now likewise secure in their persons, homes, papers and effects." Sixteen percent of respondents would oppose such an amendment, while 18 percent were not sure, according to the poll paid for by Liberty Minnesota and the Republican Liberty Caucus."

 
Week Seven
Bill Introductions

 

Below is a digest of bills introduced this week that may have impacts specific to retailers and consumers.

 

House of Representatives

 

Hoppe, Swedzinski, Lillie and Dehn, R. introduced:

H. F. 1118, A bill for an act relating to liquor; authorizing brewpubs to sell malt liquor to licensed wholesalers for distribution to retail licensees of the State Fair. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.  

 

Scott; Anderson, S.; Erhardt; Rosenthal and Selcer introduced:

H. F. 1128, A bill for an act relating to human rights; providing a small business exemption from unfair discriminatory practices in employment based on familial status; amending Minnesota Statutes 2014, section 363A.20, subdivision 1. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.   

 

Moran; Murphy, E.; Melin; Simonson; Schultz; Hansen; Bly; Davnie; Johnson, C.; Lien; Allen; Laine; Loeffler; Winkler; Clark; Johnson, S.; Dehn, R.; Erhardt; Kahn; Pinto; Hornstein; Masin; Lillie; Hilstrom; Ward; Sundin; Applebaum; Isaacson; Metsa; Considine; Bernardy; Mariani and Nelson introduced:

H. F. 1139, A bill for an act relating to employment; requiring fair scheduling of employee's hours; requiring predictability pay; imposing civil penalties; amending Minnesota Statutes 2014, sections 177.27, subdivisions 4, 7; 181.032; proposing coding for new law in Minnesota Statutes, chapter 181. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

Lucero, Lesch, Simonson, Scott and Pugh introduced:

H. F. 1143, A bill for an act relating to consumer protection; prohibiting the recording of driver's license or other identification card information in connection with a sale of goods or services; proposing coding for new law in Minnesota Statutes, chapter 325F. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

Murphy, E.; Erhardt; Selcer; Ward; Fischer; Loeffler; Davnie; Hornstein; Winkler; Laine; Hortman; Halverson; Youakim; Schoen; Bernardy; Freiberg; Schultz; Rosenthal; Moran and Simonson introduced:

H. F. 1165, A bill for an act relating to health; changing employee benefits; regulating insurance; providing for disclosure of benefit information by certain employers; providing for enforcement; providing religious exemptions; requiring health plans to cover contraceptive methods, sterilization, and related medical services, patient education, and counseling; amending Minnesota Statutes 2014, section 177.27, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 62Q; 181. The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

Erhardt introduced:

H. F. 1183, A bill for an act relating to health; regulating e-cigarettes; amending Minnesota Statutes 2014, section 144.413, subdivision 4; repealing Minnesota Statutes 2014, section 144.414, subdivision 5. The bill was read for the first time and referred to the Committee on Health and Human Services Reform.

 

Melin, Winkler, Metsa, Sundin, Persell, Bly, Liebling, Newton, Nelson, Lillie and Anzelc introduced:

H. F. 1225, A bill for an act relating to employment; enacting the Wage Theft Protection Act; modifying labor standards; classifying data; modifying penalties; creating a new crime; appropriating money; amending Minnesota Statutes 2014, sections 13.7905, by adding a subdivision; 177.23, subdivision 7; 177.25, subdivision 1; 177.253, subdivision 1; 177.254, subdivision 1; 177.27, subdivisions 7, 8, 9, by adding subdivisions; 177.32; 181.032; 541.05, subdivision 1; 541.07; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Rules, part 5200.0080, subpart 7. The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

Loonan, Norton, McNamara, Smith, O'Neill and Peterson introduced:

H. F. 1238, A bill for an act relating to liquor; modifying off-sale intoxicating liquor sales; amending Minnesota Statutes 2014, section 340A.504, subdivision 4.

The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.

 

Loon, Loonan, Norton, Wills, Petersburg and Peterson introduced:

H. F. 1239, A bill for an act relating to liquor; authorizing municipalities to allow off-sales on Sundays; amending Minnesota Statutes 2014, section 340A.504, subdivision 4. The bill was read for the first time and referred to the Committee on Commerce and Regulatory Reform.



Albright; Anderson, S.; Norton; O'Neill; Fabian and Rosenthal introduced:

H. F. 1241, A bill for an act relating to employment; requiring a statewide uniform minimum wage; providing uniformity for employment mandates on private employers; amending Minnesota Statutes 2014, section 177.24, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 181. The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.


Mack; Schomacker; Schoen; Backer; Schultz; Barrett; Norton; Poppe; Dean, M.; Swedzinski; Quam; Gunther and Albright introduced:

H. F. 1246, A bill for an act relating to health insurance; requiring coverage for telemedicine for health carriers and medical assistance; amending Minnesota Statutes 2014, section 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 62A. The bill was read for the first time and referred to the Committee on Health and Human Services Reform.


Swedzinski introduced:

H. F. 1254, A bill for an act relating to taxation; sales and use; providing for local approval of certain local sales and use tax and validation of prior act. The bill was read for the first time and referred to the Committee on Taxes. 


Winkler, Hansen, Wagenius, Persell and Schoen introduced:

H. F. 1276, A bill for an act relating to environment; regulating chemicals of high concern in children's products; amending Minnesota Statutes 2014, sections 13.7411, subdivision 8; 116.9401; 116.9402; 116.9403; 116.9405; 116.9406; proposing coding for new law in Minnesota Statutes, chapter 116. The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy and Finance.

 

Senate

Senators Housley, Reinert, Senjem, Pappas and Pratt introduced:
S.F. No. 1024: A bill for an act relating to commerce; repealing prohibition on municipality issuing more than one off-sale license to any one person or place; repealing Minnesota Statutes 2014, section 340A.412, subdivision 3. Referred to the Committee on Commerce.

Senators Torres Ray and Dziedzic introduced:
S.F. No. 1026: A bill for an act relating to alcohol; establishing craft wineries; amending Minnesota Statutes 2014, sections 340A.101, subdivision 11; 340A.315. Referred to the Committee on Commerce.

Senators Pratt; Thompson; Pederson, J. ; Kiffmeyer and Saxhaug introduced:
S.F. No. 1029: A bill for an act relating to motor vehicles; taxation; modifying allocation of motor vehicle lease sales tax revenue; amending Minnesota Statutes 2014, section 297A.815, subdivision 3. Referred to the Committee on Transportation and Public Safety.

Senators Pappas, Housley, Dahms and Schmit introduced:
S.F. No. 1065: A bill for an act relating to liquor; authorizing brewpubs to sell malt liquor to licensed wholesalers for distribution to retail licensees of the State Fair. Referred to the Committee on Commerce.

Senators Pappas, Sieben, Latz, Dahle and Tomassoni introduced:
S.F. No. 1085: A bill for an act relating to employment; establishing a Working Parents Act; providing wage theft protection; providing paid family leave; providing earned sick and safe time; requiring fair scheduling; imposing penalties; requiring reports; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 13.7905, by adding a subdivision; 177.24, by adding a subdivision; 177.253, subdivision 1; 177.254, subdivision 1; 177.27, subdivisions 2, 4, 7, 8, 9, by adding subdivisions; 177.28, subdivision 1; 177.32; 181.032; 181.940; 181.941; 181.942; 181.943; 181.9436; 181.944; 290.01, subdivision 19b; 541.05, subdivision 1; 541.07; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2014, section 181.9413; Minnesota Rules, part 5200.0080, subpart 7. Referred to the Committee on Jobs, Agriculture and Rural Development.

Senators Rest, Cohen, Franzen, Osmek and Scalze introduced:
S.F. No. 1102: A bill for an act relating to motor vehicles; taxation; modifying allocation of motor vehicle lease sales tax revenue; amending Minnesota Statutes 2014, section 297A.815, subdivision 3. Referred to the Committee on Transportation and Public Safety.

Senator Dahms introduced:
S.F. No. 1130:
A bill for an act relating to taxation; sales and use; providing for local approval of certain local sales and use tax and validation of prior act.
Referred to the Committee on Taxes.

Senators Pappas, Housley and Metzen introduced:
 
S.F. No. 1131:
A bill for an act relating to liquor; allowing some transfers of wine between commonly owned liquor stores; amending Minnesota Statutes 2014, section 340A.412, by adding a subdivision. Referred to the Committee on Commerce. 

Senators Kent; Housley; Petersen, B. ; Pappas and Scalze introduced:
S.F. No. 1144: A bill for an act relating to liquor; permitting off-sale intoxicating liquor sales on Sunday; amending Minnesota Statutes 2014, section 340A.504, subdivision 4. Referred to the Committee on Commerce. 

Senators Schmit and Hoffman introduced: 
S.F. No. 1150: A bill for an act relating to health insurance; requiring coverage for telemedicine for health carriers and medical assistance; amending Minnesota Statutes 2014, section 256B.0625, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 62A. Referred to the Committee on Health, Human Services and Housing. 

Senators Dziedzic, Dibble and Rest introduced:

S.F. No. 1192:
A bill for an act relating to taxation; tobacco; providing penalties; appropriating money; amending Minnesota Statutes 2014, sections 289A.63, subdivisions 1, 2; 297F.01, subdivision 14; 297F.03, subdivisions 5, 6; 297F.04, subdivisions 1, 2; 297F.13, subdivision 4; 297F.19, by adding a subdivision; 297F.20, by adding subdivisions; 609.035, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 297F. Referred to the Committee on Health, Human Services and Housing. 

Senators Marty, Dziedzic, Pappas, Hall and Rosen introduced:

S.F. No. 1215:
A bill for an act relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; proposing coding for new law in Minnesota Statutes, chapter 325F. Referred to the Committee on Environment and Energy. 

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Minnesota Retailers Associaiton
400 Robert Street North, suite 1540
St. Paul, MN 55101
Tel. (651) 227-6631 - mnretail.org - [email protected]