May 13, 2016

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Insurance Benefit Program   
Paid Family & Medical Leave Approved By Senate In Supplemental Tax Bill 
 
This week the paid family and medical leave bill was added on to a supplemental omnibus tax bill and passed by the full Senate. The vote on the omnibus bill was close: 37 for, 30 against. Robust conversation surrounding the estimated number of state employees needed to administer the program took place, with that number growing from the mid 40s to over 100. The omnibus bill will now most likely be included in negations with the House on a final tax bill.

The Minnesota House has not discussed or voted on any similar paid leave legislation this session.


The key components of the paid family and medical leave act as passed in the Senate are: 
  1. Paid pregnancy benefits, bonding benefits, and family benefits for up to12 weeks time off in total.
  2. Exempt employers with 20 or fewer employees from the requirement to pay the related employer tax.
  3. Funds the program through a mechanism of a 50/50 payroll tax paid by employer and employee.
  4. Set new tax rate on employers and employees of 0.09%.
MnRA is actively engaged and monitoring this legislation. 
Pharmacy Legislation
Patient-Friendly 90 Day Rx Supply Passes House; Heads To Governor For Signature! 

Today a MnRA initiative to allow a pharmacist to change the quantity on a prescribed maintenance medication (up to a 90-day supply without contacting the prescriber as long as there are refills and an initial 30-day supply has been obtained) passed the House on a 129-0 vote.

The bill already passed the Senate and
now goes to Governor Dayton for his signature.
 
The dispensing modification is only possible when the medication is not a controlled substance, the prescriber has not specifically prohibited such a change, and the pharmacist exercises her/his professional judgement.

MnRA thanks Senator Julie Rosen and Representative Roz Peterson for their leadership on this patient-friendly legislation.

90 days at retail was a top priority for MnRA this legislative session.    
Drug Disposal   
Voluntary Drug Collection Bill Passes House With Naloxone Amendment; Sent Back to Senate For Approval 
 
A bill to provide pharmacies the option to voluntarily collect and dispose of pharmaceutical waste passed in the House today. The bill was amended to include a new protocol to allow pharmacies to dispense naloxone to patients through community health boards.

The bill must now return to the Senate for agreement given the inclusion of the naloxone language in the House. A vote in the Senate is expected next week.

MnRA thanks Representative Rox Peterson for championing this bill and Representative Bob Barrett for his work on the naloxone amendment.

MnRA supports allowing pharmacies to take back prescription medications on a voluntary basis.
ADA Lawsuits   
Bill To Curb Abusive ADA Claims Passes House; Moves to Senate  
 
Today on a vote of 84-42, the House passed legislation authored by Representative Dennis Smith to curb ADA lawsuits. The bill would would require alleged violations of ADA be communicated and allows a reasonable amount of time for any non-conformance to be addressed prior to a demand letter with settlement offers. The legislation now moves to the Senate where a similar bill has been heard.

MnRA thanks Representative Dennis Smith for his commitment to addressing this issue.

MnRA supports ADA claim reform.
Sunday Sales 
Sunday Liquor Sales Push Fails Again

From MPR News, Tim Pugmire, May 12, 2016

"The Minnesota House has once again voted to keep the state's longtime ban on Sunday liquor sales.By a 14-vote margin, lawmakers rejected a proposal Thursday to allow local government officials to decide whether to allow liquor stores in their communities to open on Sundays. Current law prohibits liquor stores statewide from being open on Sundays.

Rep. Jenifer Loon, R-Eden Prairie said consumers and many liquor store owners are asking for the change. Loon said her proposal is about economic freedom.

"We entrust our local municipalities to make decisions with regards to what happens in their cities in a number of areas," Loon said. "It's time that we allow them to make this decision. If it's not for your city, then your local government will make that decision."

Read the full article here.
Local Regulation   
Questions Remains On Minneapolis Sick-Safe Leave; Public Hearing This Wednesday

This week the Workforce Fairness Coalition released a list of frequently asked questions (FAQ) relating to Minneapolis' proposed sick and safe leave ordinance.

Below is that FAQ.  Click here for detailed answers for each question (PDF document).
It's important that retailers provide feedback to directly to City Council members. Visit www.workforcefairnesscoalition.com for more information on connecting with elected officials.

The City has announced a final vote will occur on an ordinance May 27, following a public hearing this Wednesday (May 18) and a May 26 meeting to discuss amendments.

Minneapolis Sick Leave 
Minneapolis Park Board Proposing 13 Percent Property Tax Hike; Cites Potential Sick Leave Mandate Costs

From the Star Tribune, Steve Brandt, May 13, 2016

"The Minneapolis Park and Recreation Board will seek a property tax hike of up to 13 percent for 2017 to guard its budget against proposals to mandate worker pay and sick leave that are pending at City Hall.

That's already prompting reaction from other elected officials who expressed concern over the size of the proposal. "That's a very large increase and it's a big number," said Carol Becker, president of the Board of Estimate and Taxation, which sets maximum levies in Minneapolis.

Superintendent Jayne Miller told the Park Board this week that a proposed $15 per hour minimum wage could add $2.2 million in costs to the park general fund, which is largely supported by property taxes. The proposal to expand sick leave coverage would cost up to $271,000, she said.

Although full time Park Board workers exceed the $15 hourly threshold, the system employs many more seasonal part time workers who are paid as low as $9 hourly without benefits. Last year, the number of part time workers fluctuated from 546 in January to 1,480 in August."

Read the full article here.

Week 10
Bill Introductions Potentially Impacting Retailers
House 

Hoppe, Lesch, Zerwas and Smith introduced:
H. F. 3994, A bill for an act relating to civil actions; recognizing a property right in a person's name, voice, signature, photograph, or likeness; prohibiting unauthorized use; providing remedies; proposing coding for new law as Minnesota Statutes, chapter 564. The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.

Hausman and Flanagan introduced:
H. F. 4005, A bill for an act relating to employment; providing a phased-in minimum wage increase; enabling low-income workers to meet basic needs; increasing the working family credit to exceed the federal earned income tax credit; providing increased child care assistance to all low-income workers; reestablishing the Minnesota emergency employment development program; reducing welfare costs to taxpayers; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 5; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 7; 119B.10; 119B.11, subdivision 1; 119B.12, subdivision 2; 119B.13, subdivision 1; 119B.15; 119B.24; 177.24, subdivision 1; Minnesota Statutes 2015 Supplement, sections 119B.035, subdivision 4; 290.0671, subdivision 1; repealing Minnesota Statutes 2014, sections 119B.011, subdivisions 20, 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.05, subdivision 1; 119B.07; 119B.09, subdivisions 3, 4a; 119B.11, subdivision 4; 290.0671, subdivision 7. The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

Isaacson; Mahoney; Hausman; Johnson, S.; Schoen; Ward; Yarusso; Moran; Pinto; Masin; Lillie; Lesch; Hansen; Davids and Dean, M. introduced:
H. F. 4007, A bill for an act relating to transportation; sales and use tax; amending allocation requirements for the metropolitan area transportation sales tax; amending Minnesota Statutes 2014, section 297A.992, subdivision 6. The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.


Senate

Senators Marty, Torres Ray, Eaton, Hawj and Goodwin introduced:
S.F. No. 3612: A bill for an act relating to employment; providing a phased-in minimum wage increase; enabling low-income workers to meet basic needs; increasing the working family credit to exceed the federal earned income tax credit; providing increased child care assistance to all low-income workers; reestablishing the Minnesota emergency employment development program; reducing welfare costs to taxpayers; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2014, sections 119B.02, subdivisions 1, 2; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 5; 119B.05, subdivision 5; 119B.08, subdivision 3; 119B.09, subdivision 7; 119B.10; 119B.11, subdivision 1; 119B.12, subdivision 2; 119B.13, subdivision 1; 119B.15; 119B.24; 177.24, subdivision 1; Minnesota Statutes 2015 Supplement, sections 119B.035, subdivision 4; 290.0671, subdivision 1; repealing Minnesota Statutes 2014, sections 119B.011, subdivisions 20, 20a; 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, 6b, 8; 119B.05, subdivision 1; 119B.07; 119B.09, subdivisions 3, 4a; 119B.11, subdivision 4; 290.0671, subdivision 7.
Referred to the Committee on Jobs, Agriculture and Rural Development.
 
Senators Champion, Hayden, Housley and Saxhaug introduced:
S.F. No. 3609: A bill for an act relating to civil actions; recognizing a property right in a person's name, voice, signature, photograph, or likeness; prohibiting unauthorized use; providing remedies; proposing coding for new law as Minnesota Statutes, chapter 564.
Referred to the Committee on Judiciary.
 
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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]