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Red Tape and Licensing
First House Vote, Earth Day Lead Bill Symbolism over Substance

Body: House | Journal Page: 10107 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Clark, K.
Acting on: SF3128 Date: 04/13/2010
Result: Bill Passed 92 - 39

SF 3128 requires compliance with new Obama Administration rules that mandate training in lead paint hazard mitigation. It requires that anyone performing work in a home built before 1978 must test for lead or assume that the house is contaminated with it. One problem brought out in debate is that the effective date of SF 3128 is February 1, 2011 while the federal rule is it based on goes into effect on Earth Day, April 22, 2010. Without the Murdock amendment to compel state regulators to waive compliance, SF 3128 basically allows contractors to be out of compliance. Another matter, of course, is whether the federal government has the authority to pass laws regulating how people paint their homes. This is feelgood nonsense that protects no one and adds an enormous new regulatory burden to small businesses. Here's one for all the heat and air contractors, handymen, carpet installers, tilers, plumbers and painters out there. This bill has nothing to do with saving kids - a vacuum cleaner and a mop will take care of any lead dust kicked up by a handyman - but it sure makes liberals feel good about themselves. And that's the main thing, isn't it? Vote Red.

Update: Homebuilders sue.

Red Tape and Licensing
State Waiver of Obama Earth Day Mandate

Body: House | Journal Page: 10105 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Murdock
Acting on: SF3128 Date: 04/13/2010
Result: Amendment Defeated 59 - 72

The Murdock amendment would buy some time before remodelers are required to jump through all of the regulatory hoops related to fixing up pre-1978 homes. Those homes may have been painted with paint containing lead. The amendment strikes the February 1, 2011 effective date from the bill and requires the state to provide waivers to contractors until sufficient course offerings are available. Here's a great summary of the mandate. Vote Green.

Red Tape and Licensing
Motion to Re-refer Earth Day Lead Bill

Body: House | Journal Page: 10106 (Click to view vote.)
Scored? No |
Author: Severson
Acting on: SF3128 Date: 04/13/2010
Result: Motion Failed 47 - 84

The Severson motion would re-refer SF 3128 to the Housing Finance and Policy and Public Health Finance Division. No record exists of the bill being heard in that committee, which is chaired by SF 3128 author Rep. Clark. The committee deals with issues related to safe housing and specifically lead abatement. Yet for some reason the bill skipped that committee. Not scored.

Red Tape and Licensing
Final House Vote, Impounded Vehicle Notice Procedures

Body: House | Journal Page: 10110 (Click to view vote.)
Scored? No |
Author: Hosch
Acting on: SF2572 Date: 04/13/2010
Result: Bill Passed 115 - 15

See Final Senate Vote, Impounded Vehicle Notice Procedures. Not scored.

A GOP amendment offered in the House would allow towing operations to recoup some of the costs associated with processing abandoned vehicles by allowing them to sell any of the contents in the abandoned vehicle within the same timeframe as the sale of the vehicle. The amendment was defeated on a voice vote.

Red Tape and Licensing
First House Vote, Health Licensing Provisions

Body: House | Journal Page: 10141 (Click to view vote.)
Scored? No |
Author: Abeler
Acting on: SF2935 Date: 04/13/2010
Result: Bill Passed 89 - 40

SF 2935 makes changes to Human Services Department (DHS) licensing provisions. The House was acting on the language of HF 3239, the second engrossment which was added by author Jim Abeler as a DE (delete everything)amendment. Rep. Abeler said the bill generally noncontroversial and makes technical changes to licensing and training requirements.

Included are provisions related to shaken baby syndrome training, child care risk reduction plans, state agency right of access to records, license suspensions and revocations, temporary provisional licenses, data classifications and "nonmaltreatment mistakes." The bill also repeals Minnesota Rules, part 2500.5000, "a rule regarding record keeping for chiropractors." Click here for the House Summary of the second engrossment.

The House also adopted an author's amendment that requires the Departments of Health, Commerce and Human Services to submit annual customer satisfaction reports to the committees with jurisdiction over them. Other amendments adopted by voice vote were provisions to allow the relocation of long term care facilities (Kelly) and to allow the transfer of property below the appraised value to a federally recognized Indian tribe located in the state of Minnesota (Ward).

Red Tape and Licensing
First House Vote, Epilepsy and Seizure Drug Rulemaking

Body: House | Journal Page: 10103 (Click to view vote.)
Scored? Yes | Right Vote: Y
Author: Swails
Acting on: HF1320 Date: 04/13/2010
Result: Bill Passed 132 - 0

HF 1320 requires the adoption of rules related to the substitution of drugs used for the treatment of epilepsy or seizures. The bill provides that if the Board of Pharmacy adopts a rule regarding the substitution of drugs used for the treatment of epilepsy or seizures that conflicts with current substitution requirements, new rule "shall supersede the conflicting statute." This new rulemaking authority will allow new drugs for the treatment of epilepsy and seizures to get into the pipeline quickly. Vote Green.

Red Tape and Licensing
Final House Vote, Homebuilder Continuing Education Requirements

Body: House | Journal Page: 10111 (Click to view vote.)
Scored? No |
Author: Nelson
Acting on: SF2944 Date: 04/13/2010
Result: Bill Passed 108 - 23

No House debate on this lengthy union trades bill, but plenty of GOP No votes. Pending review.

Red Tape and Licensing
Final House Vote, Home Health Care Licensing and Monitoring

Body: House | Journal Page: 10066 (Click to view vote.)
Scored? No |
Author: Hosch
Acting on: SF2923 Date: 04/12/2010
Result: Bill Passed 93 - 33

In the House, debate on SF 2923 focused on new language to allows the state to issue conditional licenses and to impose a number of costly new conditions on providers, such as requiring "supervision of the provider's practices at the cost of the provider..." and "requiring the provider or the provider's employees to obtain training at the cost of the provider." If a provider's license is revoked, the bill requires them to submit detailed information on each client. Although House author Hosch said the bill is the work of a home health care licensing work group and has stakeholder support, it imposes potentially insurmountable new costs on providers. Pending review.

Red Tape and Licensing
First Senate Vote, Tattoo, Branding and Tongue Splitting Regulations

Body: Senate | Journal Page: 9547 (Click to view vote.)
Scored? No |
Author: Prettner Solon
Acting on: SF525 Date: 04/12/2010
Result: Bill Passed 57 - 7

SF 525 (the 4th enGROSSment) imposes a new state-wide regulatory scheme on the oh-so-chic body art business. The bill defines "body art" as "physical body adornment using, but not limited to, tattooing and body piercing." Click here for the Minnesota Dept. of Health summary. The bill sets a state regulatory "floor" that allows stricter local ordinances, as a number of counties currently regulate this activity. No one under the age of 18 can receive a tattoo and piercings are only allowed if the parent is present and signs the required forms. Also prohibited for minors, regardless of parental consent, are "nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation." GROSS! The blood community likes the bill because it requires documentation of all body art procedures. So when some tat-laden, fork tongued stoner wants to give blood so he can afford to get his genitals pierced, the blood bank will have the proper documentation. No thanks. Just let us bleed out... Not scored.

Red Tape and Licensing
Final Senate Vote, Licensed Counselor Relicensure Following Termination

Body: Senate | Journal Page: 9345 (Click to view vote.)
Scored? No |
Author: Latz
Acting on: SF2877 Date: 04/12/2010
Result: Bill Passed 64 - 0

Not controversial but for nay votes by Sen. Prettner Solon and Reps. Buesgens and Peppin. The bill provides an exception for continuing education requirements for licensed professional counselors who have had their licenses cancelled. The action clears up an apparent contradiction between state statute and administrative rules that affects about 100 licensees. The Board of Behavioral Health approves of the change. Not scored.

Red Tape and Licensing
Final Senate Vote, Cable, Internet and Phone Services

Body: Senate | Journal Page: 9339 (Click to view vote.)
Scored? No |
Author: Sheran
Acting on: SF2616 Date: 04/12/2010
Result: Bill Passed 55 - 4

SF 2616 modifies state regulation of the telephone/telecommunications/broadband/interexchange business in Minnesota. Pricing information and connection discontinuances. Section 3, according to author Juhnke, reinstates language that had been sunset and is being reinstated here. It establishes state regulation of a category of data services for called "private shared services." We're not positive we know what that is, but we think we need it!

In the House, a Beard amendment adopted by voice vote added a Section 4, which deals with local service areas and conflicts with political boundaries. There is/was a lawsuit pending on the issue, but a change to the effective date was included to mitigate any effect on the court action. Four red votes in the Senate, but no debate. Not scored.

Red Tape and Licensing
Final House Vote, Outstate Vulture Scam Artists

Body: House | Journal Page: 9857 (Click to view vote.)
Scored? Yes | Right Vote: N
Author: Simon
Acting on: HF3277 Date: 04/08/2010
Result: Bill Passed 118 - 12

Not surprisingly, the Senate didn't make this bill any better. It came back to the House for final passage with a one-word grammatical change. HF 3277 sticks it to the "outstate vultures" (as Rep. Simon referred to them) who pass themselves off as locals by using local telephone numbers and addresses to get orders for florist or locksmith services, for example. In a time when many businesses have 800 numbers and domain names and online ordering, consumers are smart enough to figure out that a given business service may not be entirely local. Rep. Simon implied that consumers are being ripped off, but the bill is curiously silent on the price issue. This clumsy blanket condemnation may have a lot of unintended side effects as it applies to "any telephone directory, directory assistance database, Internet Web site, or print advertisement provided, published, or posted on or after" the August 1 effective date. Trust the marketplace. Vote Red.

Red Tape and Licensing
Final House Vote, Cable, Internet and Phone Services

Body: House | Journal Page: 9864 (Click to view vote.)
Scored? No |
Author: Juhnke
Acting on: SF2616 Date: 04/08/2010
Result: Bill Passed 131 - 0

SF 2616 modifies state regulation of the telephone/telecommunications/broadband/interexchange business in Minnesota. Pricing information, and connection discontinuances. Section 3, according to author Juhnke, reinstates language that had been sunset and is being reinstated here. It establishes state regulation of a category of data services for called "private shared services." We're not positive we know what that is, but we think we need it!

A Beard amendment adopted by voice vote added a Section 4, which deals with local service areas and conflicts with political boundaries. There is/was a lawsuit pending on the issue, but a change to the effective date was included to mitigate any effect on the court action. This section is included in the Senate companion file. Not scored.

Red Tape and Licensing
Final House Vote, Licensed Counselor Relicensure Following Termination

Body: House | Journal Page: 9893 (Click to view vote.)
Scored? No |
Author: Simon
Acting on: SF2877 Date: 04/08/2010
Result: Bill Passed 128 - 2

Red Tape and Licensing
Sunday Liquor Sales Authorized

Body: House | Journal Page: 9908 (Click to view vote.)
Scored? No |
Author: Kahn
Acting on: SF2808 Date: 04/08/2010
Result: Amendment Defeated 20 - 110

The Kahn amendment would authorize Sunday liquor sales in Minnesota. This issue has support on both sides of the aisle, but judging from this vote, supporters have a long way to go. Rep. Lenczewski quoted a Revenue Department estimate of less than $1 million a year in increased tax revenue to the state, while the distillers put that number at about $10 million. Not scored.

Red Tape and Licensing
First Senate Vote, Health Licensing Provisions

Body: Senate | Journal Page: 9102 (Click to view vote.)
Scored? No |
Author: Lourey
Acting on: SF2935 Date: 03/29/2010
Result: Bill Passed 67 - 0

See: First House Vote, Health Licensing Provisions.

Based on the side-by-side, major differences between the two bills include the House language to establish a child care center risk reduction plan, "Nonmaltreatment mistakes" and the customer satisfaction reports. Otherwise the bills appear to be identical with minor drafting differences. Not scored.

Red Tape and Licensing
Final Senate Vote, Home Health Care Licensing and Monitoring

Body: | Journal Page: 9092 (Click to view vote.)
Scored? No |
Author: Erickson Ropes
Acting on: SF2923 Date: 03/29/2010
Result: Bill Passed 63 - 1

Red Tape and Licensing
First Senate Vote, Homebuilder Continuing Education Requirements

Body: Senate | Journal Page: 9112 (Click to view vote.)
Scored? No |
Author: Tomassoni
Acting on: SF2944 Date: 03/29/2010
Result: Bill Passed 58 - 9

SF 2944 changes the continuing education requirements for homebuilders. The changes include course approval standards, including online learning courses provided by third parties. Click here for more information from the MN Dept. of Labor. Course fees that are currently $10 are doubled to $20. Not scored.

Red Tape and Licensing
Final Senate Vote, Basement Brewing

Body: Senate | Journal Page: 9116 (Click to view vote.)
Scored? No |
Author: Marty
Acting on: HF2918 Date: 03/29/2010
Result: Bill Passed 64 - 3

HF 2918 removes the blanket prohibition on making and processing beverages in basements. Not scored.

Red Tape and Licensing
First Senate Vote, Cable, Internet and Phone Services

Body: Senate | Journal Page: 9131 (Click to view vote.)
Scored? No |
Author: Sheran
Acting on: SF2616 Date: 03/29/2010
Result: Bill Passed 65 - 2

See: Final Senate Vote, Cable, Internet and Phone Services