Tag Archives: Governor Dayton

New Homeowners Bill of Rights

Governor Dayton will soon be signing a new bill that includes new protections for homeowners facing foreclosures.  This new law is known as the Homeowners Bill of Rights.

Some of the ways that it protects homeowners are as follows:

  • Loan servicers are required to communicate all options to homeowners.
  • Loan servicers are required to offer loan modifications to all eligible homeowners.
  • “Dual tracking” is banned.  Dual tracking is when servicers foreclose without a clear yes or no on loan modification.
  • Servicers are required to assist homeowners in submitting documentation regarding the foreclosure process.
  • Homeowners are allowed to take the servicer to court to stop a foreclosure if the servicer fails to comply with any aspect of the law.

 

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Minnesota Senate joins House in approving same-sex marriage

This news exploded in the media and social media.  Minnesota is set to become the first Midwestern state and the 12th state in the U.S. to allow same-sex marriage.

Yesterday, Minnesota Senate voted 37 to 30 in favor of allowing same-sex marriage.  Earlier, the Minnesota House of Representatives voted 75 to 59 in favor for it.  As a backdrop, in the prior election, Minnesota voters rejected a proposed constitutional amendment that would have defined marriage as only between a man and a woman.

Governor Dayton stated that he will sign the bill once it comes to his desk.

via Minnesota Senate joins House in approving same-sex marriage | MinnPost.

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Filed under civil rights, Pending Legislation

Dayton’s budget includes a legal services tax

Like Governor Pawlenty, Governor Dayton now wants to create a legal services tax.  The effect of such a bill would mean that the next time you or your client wants to seek a lawyer’s aid, in addition to paying the attorney’s fees, the client will need to pay a burdensome tax on legal services.

To reduce the budget deficit, this is what Governor Dayton proposed:

  • Reducing corporate income tax from 9.8% to 8.4%.  A huge drop of 1.4%.
  • Governor Dayton stated that he wants to tax clothing that costs more than $100.
  • Governor Dayton wants to tax the following services: legal, accounting, architecture, specialized design, computer, management consulting, advertising, employment and business support services.

Taxing legal services is a bad idea, which would significantly impact a population that cannot afford to get hit.  And why is that?  The legal services tax will be paid by the client.

So say, you are trying to fight foreclosure.  The owner of the home will have to pay that tax.  Or say, you are trying to fight a custody battle.  The parent will have to pay that tax.

Imposing such a severe burden on the middle-class, as well as the lower-class, will inevitably have a chilling effect.  In other words, the vast majority of Americans will no longer have a viable resource when exercising their constitutional rights.

The Minnesota State Bar Association shares this same viewpoint.  In addition, the MSBA has also stated that the tax would be next to impossible to administer.

via Dayton unveils a legal services tax to fill budget deficit – MinnLawyer Blog.

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Filed under civil rights, fees, Minnesota, Pending Legislation

Dayton vetoes voter ID

Gov. Mark Dayton has vetoed the voter ID amendment.  In his veto message, he states, “Although I do not have the power to prevent this unwise and unnecessary Constitutional Amendment from appearing on the ballot in November, the Legislature has sent it to me in the form of a bill. Thus, I am exercising my legal responsibility to either sign or veto the amendment. I am vetoing the amendment and its title; and I urge Minnesotans to reject it in November. “

via Dayton vetoes voter ID – MinnLawyer Blog.

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Judge tosses Dayton’s executive order on child care unionization

Today, a Ramsey County District Court judge has thrown out Governor Dayton’s order that allowed in-home day care providers to vote on whether to unionize.  The decision can be accessed here.

Minnesota Public Radio stated:

Lindman said Dayton didn’t have the power to issue the executive order because the state and the day care providers don’t have an employer-employee relationship. He said Dayton’s order superseded the legislative process and violated the separation of powers clause in the Minnesota Constitution. The judge ruled that the power to decide whether in-home day care providers can unionize lies with the Legislature.

MPR’s summary of the conclusions of law needs to be further clarified in order to avoid confusion. First, the Order did state that this should have been brought by the Legislature.  (Order’s Conclusions of Law, paragraph 11).

Second, the statement that the court found no employer-employee relationship is misleading.  The entire decision hinged on whether or not a “labor dispute” existed as defined under Minn. Stat. 179.01, subd. 7.  Not whether there was an employer-employee relationship.  In fact, in the decision itself, Judge Lindman acknowledges that a “labor dispute” may arise regardless of whether an employer-employee relationship exists.  Minnesota Statutes section 179.01, subd.7 (emphasis added) provides:

“Labor dispute” includes any controversy concerning employment, tenure or conditions or terms of employment or concerning the association or right of representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms, tenure, or other conditions of employment, regardless of whether or not the relationship of employer and employee exists as to the disputants.

Nevertheless, Judge Lindman ruled that the controversy must have a bearing on the employer-employee relationship.  Citing Minnesota Council of State Employees, No. 19 v. Am. Fed. of State, County and Municipal Employees, 19 N.W.2d 414, 421 (Minn. 1945).

After finding that there was no “labor dispute”, the court then held that BMS had no authority to intervene and that Governor Dayton had no authority to direct BMS to conduct an election.  (See Order’s Conclusions of Law paragraphs 7-10).

via Judge tosses Dayton’s executive order on child care unionization | Capitol View | Minnesota Public Radio.

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Filed under civil rights, labor, legal decision, Minnesota, union