The 2009 session of
the Minnesota Legislature had many issues being followed by the
disability community. Bills passed by the House and Senate met
differing fates in the hands of Gov. Tim Pawlenty, with some winning
approval and others facing the veto pen. Here’s
an overview of key legislation:
Help for those with guardians
More
than 22,000 Minnesotans live under the authority of court-appointed
guardians and conservators. These people will have more protection
from transgressions by guardians and conservators, thanks to legislation
passed this session. Much of the legislation stemmed from recent
cases throughout the state in which conservators and guardians stole
from those whom they were trusted to protect. Gov. Tim Pawlenty signed
the legislation in late May and it will become law July 1.
The law
essentially creates a “bill of rights” for protected
persons, including the elderly, disabled persons and the mentally
ill. Much of the testimony on the bill came from advocates and from
family members of persons who had been victimized. One key provision
of the law will require guardians and conservators to register with
the state courts, starting in 2013.
Changes to regulations of
investigations and crimes for maltreatment or financial exploitation
of vulnerable adults passed both the House and Senate, and were expected
to be signed into law. The legislation makes it easier for persons
with court-appointed guardians to challenge the professionals who
make decisions for them.
This legislation also makes
a number of technical changes to regulations affecting vulnerable
adults. These include changes to how financial records are disclosed
when there is an investigation of a case of financial exploitation
of a vulnerable adult. It also would allow a financial institution
to notify a government authority of a possible case of financial
exploitation.
The legislation also expands
the powers of law enforcement and prosecutors in such cases. Yet
another key change would expands criminal definitions to include:
the unlawful use, deprivation, or control of a vulnerable adult’s real or
personal property for the benefit of someone other than the vulnerable
adult, or the establishment of a fiduciary relationship of a vulnerable
adult through harassment, undue influence, or other coercive means. This
includes property of the vulnerable adult held in the name of a third
party. Consent is not a defense to this crime if the guardian or
conservator knew or had reason to know the vulnerable adult lacked
capacity to consent.
Sen. Mee Moua, DFL-St. Paul, had tried to impose a requirement for
certification of people wanting to be guardians and conservators.
That is required in a number of other states, but Moua had to remove
that provision as a compromise.
Anti-bullying bill is vetoed
The
Safe Schools for All Act, which is meant to strengthen anti-bullying
programs in Minnesota schools, passed the House and Senate but was
vetoed in late May by Gov. Tim Pawlenty. The bill would have schools
create policies that prohibit “harassment, bullying, intimidation,
and violence based on characteristics such as actual or perceived
race, color, creed, religion, national origin, sex, marital status,
disability, socioeconomic status, sexual orientation, gender identity
or expression, age, physical characteristics, or association with
a person or group with one or more of these actual or perceived characteristics.”
The
bill had the support of groups including The Arc of Minnesota, Metropolitan
Center for Independent Living, Minnesota chapter of the National
Alliance for the Mentally Ill, Independent Lifestyles Inc. of St.
Cloud and other disability advocates. Several advocates testified
on behalf of the bill during the legislative session. But it was
opposed by some Republicans, members of the religious right and the
Minnesota Family Council because of its protections for students
based on gender identity and sexual orientation. The Family Council
contended that the bill would provide gay, lesbian, bisexual and
transgender advocates the ability to institute curriculum changes
in education that the family council would possible oppose.
Although
there have not been extensive studies of bulling in Minnesota schools
and how students with disabilities are affected, studies in other
states and countries do indicate students with disabilities suffer
from increased incidents of bullying. In one British study 60 percent
of disabled students reported incidents of bullying as compared to
25 percent of the general student population.
The bill would also
do more to prevent harassment of students on the Internet. In his
veto letter, Pawlenty indicated that he believes that the bill’s
requirements would have been duplicative of existing state law and
programs already in place in schools.
Election reforms bill gutted,
vetoed
The 2009 legislative session
began with high hopes for election reform in Minnesota, with numerous
measures proposed for change. One of the issues of focus was that
of making early voting easier. But when the elections bill was passed
by the House and Senate in the waning days of the session, most of
the proposed reforms were stripped out. That final version of the
bill removed measures that would have made early voting easier. Gov.
Tim Pawlenty then vetoed the bill.
Currently Minnesotans who
want to vote prior to electron day have to file absentee ballots.
Absentee ballots can be used by persons who will not be in their
precinct or who cannot get to the polls on Election Day. In 2008
10 percent of the state’s voters used
absentee ballots. Absentee ballot is used extensively by persons
with disabilities. But one criticism of absentee voting is that it
is complicated and difficult to understand. Challenged absentee ballots
and how they were handled are at the center of the ongoing debate
between Norm Coleman and Al Franken over the 2008 U.S. Senate race,
which is still unresolved.
One proposal state lawmakers
debated would have allowed early voting to start 15 days before each
election. But that proposal and a number of other measures, including
a photo identification requirement, were taken out of the bill. One
of the few changes that did pass moved the state’s primary election
from September to August. But Gov. Tim Pawlenty indicated he would
most likely veto the bill because it didn’t
have adequate Republican support.
Medical marijuana could end
up on ballot
Supporters of legalizing medical
marijuana, who saw their proposal passed by the House and Senate
but vetoed by the governor, have vowed to take their fight directly
to the voters. After the 2009 bill was vetoed in late May, supporters
said they would seek to put the measure on the ballot, to bring about
a state constitutional amendment.
The bill passed by the House
and Senate this spring would have allowed terminally ill patients
to ease their pain and other symptoms by use of marijuana. The use
would have been extensively regulated. During testimony this session,
people who use medical marijuana and family members of those who
have used it, said the drug made a difference in the lives of those
who deal with constant pain and illness. Some of the floor testimony
in the final days of the session centered on the experience of state
lawmakers who have had very ill relatives who may have benefited
from legalization of medical marijuana.
But opponents of the bill,
including many in the law enforcement community, claimed the marijuana
is a gateway drug that can all too easily lead to other drug use,
addiction and crime.
The bill did pass the House
70-64 and the Senate 38-28. But those margins of victory weren’t great enough to
mount an override of the veto. ![end of story]()
