MAY 14, 2004 VOLUME 21, NUMBER 15

In this issue:

SESSION WINDING DOWN

CENTENNIAL CELEBRATION, WWII MEMORIAL, AND MORE

HF3193-HF3207 ESSION S Weekly Session Weekly is a nonpartisan publication of the Minnesota House of Representatives Public Information Services. During the 2003-2004 Legislative Session, each issue reports daily House ac- tion between Thursdays of each week, lists bill introductions and upcoming commit- tee meeting schedules, and provides other information. The publication is a service of the Minnesota House. No fee. CONTENTS To subscribe, contact: Minnesota House of Representatives IGHLIGHTS Public Information Services H 175 State Office Building Agriculture • 5 Energy • 7 Insurance • 12 St. Paul, MN 55155-1298 (651) 296-2146 or Banking • 5 Environment • 7 Local Government • 12 1-800-657-3550 Business • 5 Family • 8 Military • 14 TTY (651) 296-9896 Consumers • 6 Gambling • 9 Recreation • 14 Crime • 6 Game & Fish • 10 Retirement • 14 Education • 7 Health • 11 Safety • 14 Director Employment • 7 Human Services • 12 Transportation • 16 Barry LaGrave Assistant Editor Mike Cook Art & Production Coordinator FEATURES Paul Battaglia Writers AT ISSUE: GOVERNMENT — As Minnesota’s Capitol centennial Miranda Bryant, Patty Janovec, approaches, planners are working on party plans and preservation Tom Lonergan, Nicole Wood of the structure. • 18 Chief Photographer AT ISSUE: VETERANS — Construction of a World War II memorial Tom Olmscheid on the Capitol Complex would be assisted by money in the House Photographers bonding bill. • 19 Andrew VonBank, Lisa Marie Sanders

Staff Assistants PEOPLE— Rep. Dale Walz (R-Brainerd) will leave the House after Christy Novak, Aaron Hoffman two terms to devote more time to his job with the Baxter Police Department. • 20 Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by the Minnesota House of Representatives Public Information Services, 175 State Office Building, St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, MN, and at additional mailing DEPARTMENTS/RESOURCES offices. POSTMASTER: Send address changes to Session Weekly, Public Information Services, Minnesota House of Representatives, It’s A Fact: Minnesota Tax Court • 4 Bill Introductions (HF3193-HF3207) • 23 175 State Office Building, St. Paul, MN 55155-1298. Governor’s Desk (CH134-CH194) • 22 Minnesota Index: Caps and gowns • 24

Printed on recycled paper which is 50% recycled, 30% post-consumer content.

On the cover: Several trees were split or uprooted in the Capitol Complex after a storm came through the area May 9.

— Photo by Tom Olmscheid

2 May 14, 2004 IRST READING F★ ★ ★

To our readers:

This year’s final issue of Session Weekly is Session stalemate scheduled be held until the 2004 Legislature completes its business. The publication date As the clock winds down, House and Senate leaders labor to may vary in the event of a special session. A renewal card for the 2005 Session Weekly will reach agreement on end-of-session structure appear in the final issue. Thank you for your continued interest in the legislative process BY SESSION WEEKLY STAFF for the Legislature to take care of the remain- and the magazine. As the May 17 constitutional deadline for ing 40 percent of the deficit this session. The session adjournment nears, House and Sen- balance would come from items both bodies to do is appoint five people and meet us down- ate leaders are struggling to reach agreement have already passed and agreed upon, Pawlenty stairs at the ‘OK Corral’ and we’ll get to work.” on the structure of budget negotiations and a said, such as accelerating the tax on leased cars Sen. Linda Berglin (DFL-Mpls) criticized tidy way to wrap things up. and increasing Department of Revenue tax the governor’s proposal to take money from The week leading up to adjournment fea- compliance efforts. the Health Care Access Fund in order to bal- tured plenty of rhetoric from all sides, includ- “This is a first step to allow other things to ance the state budget. ing references to a stalemate, a logjam, and an potentially take place,” Sviggum said. “I can’t “It’s really unfortunate that the governor offer to meet at the OK Corral. imagine they would say no.” continues to believe the way we should bal- Gov. Tim Pawlenty stepped in May 13 with At risk if the Senate DFL does not agree to ance the budget is by rationing health care,” a move to eliminate $97 million of the pro- the first step, Pawlenty said, is a bonding bill Berglin said. jected $160 million state budget deficit for fis- that could create up to 10,000 jobs in the state, As of Session Weekly press time, no accord cal years 2004-05. money for roads, educational standards re- has been reached. The governor said he has a “I will unilaterally take care of 60 percent form, as well as a number of other proposals. dim view of calling a special session without a of it,” he said at a press conference announc- “The bizarre part about this session is that pre-arranged agreement and an increased ing his plan. there is agreement in concept on many of those amount of cooperation between the players. The governor ordered Finance Commissioner items,” Pawlenty said. House and Senate leaders have indicated they “The point is we do not want to meet in session on Sunday, May now have one last 16. House leaders advised members to make fleeting opportunity themselves available May 14 and May 15. to get this session Placing additional pressure on the timeline done in a productive is a constitutional provision prohibiting the fashion,” he said. “We passage of bills by either body on the last day can do this. The ques- of session, and the actual mechanical limita- tion is, do they want tions on printers that crank out the final ver- to?” sion of bills. Later that after- “We are at a point where there is a concern noon, Johnson about the production” of bills needing to be praised Pawlenty for drafted for House and Senate consideration, offering solutions to Revisor Michelle Timmons said May 13. How- ending the House and ever, Timmons and her staff are up to the task. Senate stalemate. But, “The Office of the Revisor works for the Leg- he took great excep- islature and whatever we’re required to do, PHOTOS BY TOM OLMSCHEID tion with the specifics we’ll do,” she said. House Speaker Steve Sviggum outlines the Republican budget-balancing of the proposal, and plan May 13. Looking on are, from left, Senate Minority Leader Dick Day, The fate of an omnibus bonding bill Gov. Tim Pawlenty, and House Majority Leader Erik Paulsen. the form in which it (HF2991) remains up in the air. The House was offered. version, passed April 29, calls for $677.6 mil- Peggy Ingison to retain in the state’s general fund “Send us the bill,” Johnson said. “This was a lion in capital investment. A Senate version $80 million in federal money that otherwise press release today and now we need to have consisting of $948.7 million in projects failed would have been placed in the Health Care Ac- the bill.” to pass that body May 6. cess Fund. The remaining $17 million will come A press release of his own states, “The bud- “Nothing much happens without the Sen- from a 3 percent reduction to agency budgets. get debate should follow the traditional legis- ate Democrats and what we want is a bonding Along with the Pawlenty directive came an lative process and that process includes bill,” Johnson said May 13. offer to Senate Majority Leader Dean Johnson House-Senate conference committees where Though agreements on the budget, bonding, (DFL-Willmar) from the governor, House public input is encouraged.” taxes, and issues such as strengthened sex of- Speaker Steve Sviggum (R-Kenyon), and Sen- The statement echoes a livelier comment he fender laws remain elusive, both bodies ate Minority Leader Dick Day (R-Owatonna) made earlier in the week: “All the speaker has continue to pass a number of other bills, and a

Session Weekly 3 limited amount of con- ference committee ac- tivity inches forward. The following update reflects recent activity from a couple of high Appealing proposal profile committees: Full-time tax court born out of need for timely resolution of tax disputes In 1939, taxpayers were granted a formal However, the pressures on the district Blood-alcohol process for appealing the tax-related deci- courts to hear appeals prompted the change limit sions of governmental bodies in the state. from a part-time to full-time court in 1977. A conference com- That year, the Legislature passed a law es- A new law that year, established the court, mittee failed to reach Senate Majority Leader tablishing the Board of Tax Appeals within which had statewide jurisdiction over any any compromise Dean Johnson re- sponds to the Republi- the Department of Taxation, which would dispute related to tax laws of the state, and May 11. can budget-balancing later become the Department of Revenue. appropriated $208,000 for its first year. Both bills would plan. Though it is no longer under the specific The full-time court “was created in re- lower the legal limit for auspices of an executive department, the sponse to several pressing needs, including blood alcohol concentration from 0.10 to 0.08, Minnesota Tax the demands for a with the Senate bill effective Aug. 1, 2004, and Court operates as resolution of the the House bill effective Sept. 1, 2007. an executive heavy backlog of The federal government is mandating that branch agency with property valuation all states lower their blood-alcohol limit to specific instruction cases pending in 0.08 in order to continue receiving federal that it serve inde- the district courts, transportation dollars. Minnesota risks losing pendently. as well as a backlog approximately $100 million in federal trans- According to the of cases in the ex- portation funds by not adopting the lower 1939 law, the isting part-time tax standard. agency would “not court,” according “What’ll kill this bill is whether we’ll get an in any way (be) The legal counsel that went before the Minnesota to a history of the effective date that is realistic,” said Sen. Leo Foley Supreme Court to argue iron ore tax valuation subject to the su- cases in 1936. law and lawyers in (DFL-Coon Rapids), the sponsor of SF58. pervision or con- Minnesota by the Replied Rep. Steve Strachan (R-Farmington), trol of the commissioner of taxation.” state bar association. In addition, the full- the sponsor of HF97, “If this bill dies this year, As a part-time agency in its early days, the time court aimed to minimize the expense we made an offer.” law specifically barred members of the and inconvenience to individual taxpayers, board from participating in any interests which often resulted from protracted tax Education that could potentially affect their judgment. disputes. Conferees on K-12 and higher education “No member of the board shall hold any The court still had three members but met three times between May 10 and May 12. other office under this state or any of its state law now defined specific terms for the No votes were taken by the committee, political subdivisions,” the law stated, “nor members, as well as clarifying the extent of which is co-chaired by Rep. Alice Seagren any other office or position the salary for jurisdiction statewide. Under the 1977 law, (R-Bloomington) and Sen. Steve Kelley (DFL- which is paid in whole or in part from ap- judges served six-year terms, which were Hopkins). propriations of the tax revenues of the State staggered so that one judge was eligible for Education policy, finance, and tax-related of Minnesota.” appointment every two years. issues are in three separate Senate-passed bills, The law went on to prohibit federal em- It also continued initial guidelines gov- while the House omnibus education bill cov- ployment or candidacy for public office for erning tax officials that disallowed them to ers policy and finance issues. board members. act as counsel, attorney, or agent for a tax Thus far, Senate conferees have refused to The governor appointed three board matter before the court for one year after discuss education finance issues. members, and that appointment was sub- their position on the court expired. Additionally, the committee is trying to ject to confirmation by the Minnesota Sen- Today, the court employs three full-time agree to K-12 academic standards for social ate. Board members were paid $25 per day judges and three administrative staff, operat- studies and science. for up to 150 days of service per year. That ing on a budget of $735,000 per year. Accord- The Senate adopted a different set of social pay rate remained until 1965, when the ing to its budget documents, it has never again studies standards than the House, which amount was raised to $45 per day for the suffered backlogs like those reported in the passed standards proposed by the Education same time period. 1970s that prompted its creation. Department. The tax board had the ability to hold The court handles between 1,000 and Both bodies have adopted the same set of hearings around the state as necessary to 7,000 statewide petitions annually, cover- science standards drafted by the department, increase convenience for parties to a dispute. ing the range of tax issues. Many cases are with the only difference being a House amend- In addition, taxpayers had the ability to ap- resolved within a year, though the compli- ment regarding the study of alternatives to peal board decisions further to the state cated nature of tax issues sometimes means scientific theories such as evolution. Supreme Court. other cases may take several years to be Four years later, lawmakers passed a law to resolved. SESSION WEEKLY WRITERS MIRANDA BRYANT, MIKE allow for a $9,000 annual salary, and the dol- (M. KIBIGER) COOK, TOM LONERGAN, AND NICOLE WOOD lar amount was completely removed in 1974. CONTRIBUTED TO THIS STORY. Photo courtesy of the Minnesota Historical Society

4 May 14, 2004 IGHLIGHTS M AY 6 - 13, 2004 H★ ★ ★

to offer safe deposit boxes to its members. The repair shop grounds could be sold at auction ★ AGRICULTURE new law adds credit unions to a list of finan- by the sheriff’s office, as are cars abandoned cial institutions that can choose to have their in public roadways and parking lots. Kosher codes safe deposit box activities regulated by the Pugh noted that no one opposed the bill at The House passed a bill May 10 that would state. any committee meeting. update the way kashrut, or the more common State statute is also amended to allow the In the Senate, where Sen. Linda Scheid term kosher, dietary laws are referenced in National Credit Union Administration to (DFL-Brooklyn Park) is the sponsor, the bill Minnesota statutes. The vote was 131-1. insure time deposits. passed 67-0 April 19. HF2864, sponsored by Rep. Frank Furthermore, the new law allows a law en- Hornstein (DFL-Mpls), would require that forcement agency to recover its expenses if it Minnesota law define foods labeled as kosher successfully collects on a dishonored check. Information disclosure be prepared “as prescribed by a rabbinic au- The law enforcement agency can recover up The House passed a bill 113-20 May 10 that thority, with the name and institutional affili- to a $30 service charge per each dishonored would give the State Board of Investment the ation and denominational affiliation, if any, of check it collects. ability to invest in venture capital business the rabbinic authority identified.” Current law Sponsors of the new law, which takes effect opportunities without concern that certain states the food must be prepared “in accor- Aug. 1, 2004, are Rep. Doug Stang (R-Cold potentially proprietary information could be dance with orthodox Hebrew religious re- Spring) and Sen. Dan Sparks (DFL-Austin). disclosed. quirements.” HF2551*/SF2418/CH174 Updating the 1929 food law would protect Sponsored by Rep. Lynne Osterman (R-New the kosher consumer, Hornstein said, because Hope), HF3061 requires the board to make the current statute would not hold up under public the name of the entity in which the court scrutiny. Similar laws have been chal- BUSINESS board invests, the amount invested, the mar- lenged as violating the establishment clause in ★ ket value, the board’s internal rate of return, and the age of the investment in years. states such as New York, New Jersey, and Mary- Towing vehicles land, he said. Howard Bicker, executive director of the Auto repair shops would be allowed to tow “There’s no pork in this legislation at all, not Minnesota Board of Investment, testified in a privately owned vehicles that have been aban- even close,” he said, eliciting a chuckle from House committee that concerns were raised doned on their property, under a bill passed fellow House members. by businesses about required information that by the House 132-0 May 11. Proponents have said that maintaining the would have been “hurtful” and filtered It now goes to the governor. orthodox Hebrew reference would allow one throughout a community. Under HF1972/SF1639*, a vehicle repair or movement out of the orthodox, conservative, Any information that would be considered service business could impound a vehicle five and reform movements within the Jewish re- “financial or proprietary” in nature would be business days after notifying the vehicle owner ligion to make kosher process decisions for all. non-public, “so trade secrets would not be di- by certified mail that the vehicle will be removed. As introduced, the bill would have replaced vulged,” said Osterman. House sponsor Rep. Thomas Pugh (DFL- the language with “prepared in accordance with Much of the discussion revolved around an South St. Paul) said a problem has arisen in Jewish religious requirements.” The rabbinic au- unsuccessful Osterman amendment that which some vehicle owners never bother to thority reference was the outcome of negotia- would have allowed the board to use retrieve their car after receiving an estimate. tions between Jewish community members, $200 million of the state’s pension funds for Reasons for this, according to Dave Stephens, Hornstein said, and the Jewish Community Re- investments in Minnesota businesses. owner of Dave Stephens’ Automotive, are that lations Council supports the legislation. Currently about 25 states across the nation sometimes the repair estimate is more than the While no one spoke against the bill on the are considering this option, and doing it at a vehicle’s value, or the owner can’t afford the House floor, opponents testified during the “much more aggressive rate than Minnesota,” repair. Stephens testified Feb. 25 before the committee process that changing the law Osterman said. House Transportation Policy Committee. would take away from easily identified and “We inspire the use of pension funds for The repair shop owner, however, is pre- respected standards set by the Orthodox other political and well-intentioned uses…but vented from having the vehicle towed, Pugh Union kosher certification. ones which are inappropriate and perhaps said. The sheriff’s office in the given county The bill now moves to the Senate, where Sen. inconsistent…with the primary fiduciary ob- can sell the abandoned vehicle at an auction Richard Cohen (DFL-St. Paul) is the sponsor. ligations which is to return the best deal that on the business grounds, but the repair shop you can for the pensioners,” Rep. Eric Lipman must pay for the public notice, Pugh said, and (R-Lake Elmo) said in opposition. The sole in some cases no one bids on the vehicle. concern should be the return of investment, “It’s not a very efficient way for the busi- ★ BANKING not the social, regional, or geographical invest- ness to remove that vehicle,” Pugh said. ments, he added. Business practices State law allows for the towing and disposal The bill now goes to the Senate, where Sen. of vehicles that have been abandoned on pub- A new law signed by Gov. Tim Steve Kelley (DFL-Hopkins) is the sponsor. lic roadways, in parking lots, and on private Signed Pawlenty May 10 will include The invested pension funds provision was in nonresidential property that has been prop- by credit unions under state law li- the Senate version of the bill. erly posted. It does not allow for auto repair the ability exemptions for safe de- shops, however, to have vehicles towed. governor posit companies. ★ ★ ★ Under this bill, the vehicles towed from the Credit unions are authorized Session Weekly 5 ★ CONSUMERS BORLAUG RECOGNIZED Foreclosure consultant penalties Scam artists convicted of preying on people threatened with home foreclosure would face stiff fines and a prison sentence, under a bill passed by the House 133-0 May 12. HF2095, sponsored by Rep. Andrew Westerberg (R-Blaine), regulates “foreclosure consultants” and “equity purchasers,” as well as provides remedies for homeowners. In a practice known as “equity stripping,” disreputable foreclosure consultants and eq- uity purchasers prey on people whose homes are in mortgage foreclosure by promising to find financing to help people stay in their homes. In practice, they keep people waiting until they have no other option, thereby in- creasing the likelihood that the homeowner will sign over their homes and the home’s eq- uity. Ultimately, the scammer owns the home, evicts the previous homeowner, and sells the house at a profit, keeping the equity. When the bill was heard in committees, leg- PHOTO BY ANDREW VONBANK islators and testifiers noted that not all fore- Dr. Norman E. Borlaug, the 1970 Nobel Peace Prize winner and a University of Minnesota gradu- closure consultants and equity purchasers are ate, is given a standing ovation after being recognized on the House floor May 10. A new law disreputable, however. Some do indeed help designates October 16 as Dr. Norman E. Borlaug World Food Prize Day. His work in agriculture has homeowners keep their homes. resulted in saving millions of human lives by averting famine and alleviating hunger and “This bill targets bad actors who prey on malnutrition. people when they are most vulnerable,” Westerberg said. Alternative regulation plans Under the bill, consumers would be eligible Under the bill, it would be a violation for a Telephone companies may elect to operate for a refund of bogus charges back six months foreclosure consultant to: in Minnesota under an agreement known as from the date of the claim. • demand compensation until all services in an alternative form of regulation that provides Said Beard: The bill “adds some strength- the foreclosure contract are performed, for setting minimum consumer protection ened consumer protection for protecting us • charge more than 8 percent annually on any standards such as price controls, service stan- from scurrilous and spurious charges that we loan made to the homeowner, dards, and infrastructure investment, in ex- are not aware of and makes the procedure for • collect wages from the homeowners for com- change for other operating flexibilities. getting rid of those things a lot easier and a lot pensation required by the foreclosure The House passed a bill 132-0 May 11 that more clear.” contract, would change the way such plans may be ex- • acquire any interest in a residence in tended or renewed. It now moves to the For information on a bill about foreclosure, or governor’s desk. electric rate discounts, go to the • take power of attorney from an owner for HF979/SF1115*, sponsored by Rep. Michael Session Weekly EXTRA page at: http:/ any purpose. Beard (R-Shakopee) and Sen. Dallas Sams /www.house.mn/hinfo/swx.asp The House approved an amendment by Rep. (DFL-Staples), also would put in place some Eric Lipman (R-Lake Elmo) that decreased the consumer protections regarding third-party maximum penalty from $100,000 and one year billing practices. in prison to $50,000 and one year in prison. Both measures were included in an omni- ★ CRIME Lipman said that despite the reduction of the bus telecommunications bill (HF2151) previ- fine, the penalty is still one of the harshest con- ously passed by the House, but one of the For information on a new law about sumer protection fines in the state. provisions pertaining to the Department of crimes against probation officers, go “This amendment and this whole bill has Commerce, the Public Utilities Commission, to the Session Weekly EXTRA page gone through a long, long process,” said Rep. and Qwest needs to be in effect before the end at: http://www.house.mn/hinfo/ Cy Thao (DFL-St. Paul). “Essentially, this is an of the week, Beard said. swx.asp agreement between all the parties.” Another provision would require local car- The bill now goes to the Senate, where Sen. riers to obtain express prior authorization Ellen Anderson (DFL-St. Paul) is the sponsor. from customers before including charges from third-party service providers on bills. If you have Internet access, visit the Examples of third party billing include Legislature’s web page at: charges for Internet service, pagers, voicemail, http://www.leg.mn or even club memberships.

6 May 14, 2004 ★ EDUCATION For information on a bill about ★ ENVIRONMENT school bus safety, go to the Session Trust land federal funds Weekly EXTRA page at: http:// First in nuggets www.house.mn/hinfo/swx.asp The House voted 126-0 May 6 to send a A bill en route to the governor aims to ensure resolution to Congress seeking federal com- that a new process of producing high-quality iron pensation for school trust lands, which became nuggets from iron ore moves from demonstra- part of the federal Boundary Waters Canoe tion to production in Minnesota before another Area Wilderness more than 25 years ago. ★ EMPLOYMENT state steals the economic thunder of being first The memorial resolution (HF2242/ to produce a better quality nugget. SF2222*), sponsored by Rep. Barb Sykora The May 12 House vote was 128-3, and the For information on a new law about Senate tally was 62-0 later that afternoon. (R-Excelsior) and Sen. Steve Kelley workers’ compensation and a bill (DFL-Hopkins), would be sent to the state’s about affirmative action, go to the HF2986*/SF3022, sponsored by Rep. David congressional delegation. Session Weekly EXTRA page at: http:/ Dill (DFL-Crane Lake) and Sen. Thomas Bakk The resolution, which passed the Senate /www.house.mn/hinfo/swx.asp (DFL-Cook), would exempt from certain en- 53-10 April 12, now goes to the governor. vironmental review the first iron nugget pro- In the resolution, the Legislature specifically duction facility in the state. The bill also would asks Congress to increase a user reservation ENERGY require the Pollution Control Agency and fee in the popular canoe wilderness area by $3. ★ other state agencies with permit granting au- That could raise up to $90,000 annually to be Ridding PCBs from equipment thority to provide public notice for necessary permits within four months of receiving a added to the state’s Permanent School Fund, A new law signed by Gov. Tim complete application. Sykora said. Signed Pawlenty May 10 aims to “There’s good news on the Iron Range,” Dill The fund provides about $20 million a year by proactively provide electric utili- said. “I know you don’t hear that very often for public school districts from lease and fee the ties with an incentive to volun- around here.” revenues generated on 3.5 million acres of governor tarily phase out equipment ★ ★ ★ “This bill is about the possibility that the state-held school trust and mineral rights containing polychlorinated technology Minnesota has put the future of lands. The Department of Natural Resources biphenyls (PCBs). the Iron Range into, might go to Indiana be- manages the school trust lands that Minne- PCBs are a class of man-made compounds fore it happens here,” Dill said. An Indiana sota has held since statehood. that, up until serious health and environmen- company has told investors they could get The 87,000 acres that Congress declared part tal concerns arose in the 1970s, were com- through the environmental permit process of the federal wilderness area in 1978 remain monly used as insulators in electrical more quickly. a sore point with state legislators who main- equipment. The general belief has been that the Mesabi tain the state has never been compensated for They are still sometimes found today in the Nugget production facility would be con- the land. oil that is placed in transformers and other structed at the site of the successful demon- “The resolution does absolutely nothing,” electric utility equipment that has not reached stration plant in Silver Bay. But the reality of a said Rep. Tom Rukavina (DFL-Virginia). “It the end of its service life, an average of 30 years two- to three-year environmental review pro- raises no money. We asked Congress to do the according to industry estimates. cess for a facility along the Lake Superior shore same thing five years ago.” Under current law, the industry pays haz- has prompted a change in plans and location. “This is not a big deal,” Sykora said. “It is a ardous waste generator fees to the Pollution Instead, the first production plant could be way to get some federal attention and get them Control Agency for disposal of equipment that built on the site of the former LTV plant in to look at the larger issues.” has reached the end of the line. Hoyt Lakes. The resolution urges the state’s congres- But some in the industry have said duplica- There is an existing operating permit for a sional delegation to initiate a federal land trade tive state and federal standards created a dis- 10 million-ton taconite plant for the site, and with the state, a payment for the school trust incentive to get rid of the equipment in the two furnaces could be fired up again, Dill acreage, or a combination of the two. advance due to the cost of compliance with said. Instead, under the bill, the existing fur- Friends of the Boundary Waters Wilderness, those double requirements. naces would be permanently shut down and which testified in March before the House Effective Aug. 1, 2004, the new law will waive preliminary estimates show that the nugget Education Policy Committee in support of the state hazardous waste fees on PCB waste asso- process replacing them would be as clean or bill, estimated that the $3 increase in the wil- ciated with oil-filled electronic equipment cleaner than what was emitted under the old derness area’s $12 reservation fee could yield voluntarily disposed of or retro-filled prior to taconite process. $93,000 annually for the state’s public schools. the end of its service life. “Nothing in this bill will cause the (agency) However, the group said that neither a “mas- Waste generators and the agency will have to do any less oversight than they would un- sive exchange” of state land within the wilder- to execute voluntary PCB phase-out agree- der any normal circumstances,” he said. ness area for federal land outside of it, nor a ments containing specific goals and a sched- Rep. Rebecca Otto (DFL-Marine on St. Croix) federal buyout were “good feasible options,” ule for implementation. failed to amend the bill with a mandate requir- according to written testimony. The new law will not waive emergency fees ing the new plant to “emit less mercury per-ton “The land exchange carries enormous trans- or the fees on equipment being taken out of of iron ore than the mercury that had been emit- action costs, and the lack of federal acquisi- service at the end of its normal life span. ted from the permanently shut down furnaces tion funds hinders a timely purchase.” Rep. Dean Simpson (R-New York Mills) and in the year prior to being shut down.” Sen. John Marty (DFL-Roseville) sponsored However, the bill directs the agency to “strive the legislation. in the permitting process to assure the lowest HF2500/SF2422*/CH176 mercury emissions reasonably possible.” Session Weekly 7 Phosphorus fertilizers banned The House passed the bill 102-25 May 6. under the proposal, judges would use a child A new law signed by Gov. Tim “This bill would allow an ethanol plant of support schedule derived from a U.S. Depart- Signed Pawlenty May 10 will enact a 100 million gallons to be built in Minnesota ment of Agriculture annual report listing the by statewide ban on the use of phos- instead of Iowa,” Gunther said. The bill would average cost of raising children for parents of the phorus fertilizers on established enhance farmers’ profits and create 80 jobs, he various incomes in the urban Midwest. The governor ★ ★ ★ residential lawns. said, and it is part of the governor’s initiative child support amount under the schedule The purpose of the law, spon- to streamline business permit processes in the would then be reduced by 20 percent in rec- sored by Rep. Denny McNamara (R-Hastings) state to accommodate economic development ognition of the higher cost of maintaining two and Sen. Dan Sparks (DFL-Austin), is to pro- and boost competitiveness. separate households. tect Minnesota’s lakes and rivers from an over- The bill would maintain an environmental Rep. Michael Paymar (DFL-St. Paul) ques- abundance of phosphorus that can cause algae assessment worksheet, as necessary, Gunther tioned if the change would lower the amount bloom. said. of child support payments that a person is or- The 2002 Legislature approved a similar ban “Essentially, you are saying there won’t be dered to pay. Paymar further implied that the for the seven-county Twin Cities metropolitan an environmental impact statement on smaller answer to his own question was “yes.” area that took effect Jan. 1, 2004. Some counties sized ethanol plants,” said Rep. Michael Replied Rep. Steve Smith (R-Mound), “The outside of the metropolitan area also have Paymar (DFL-St. Paul) “Is that correct?” answer is not always. Some would go down, adopted their own phosphorus restrictions, and The city of St. Paul found that a lot of emis- some would go up.” proponents said variations in regulations con- sions from ethanol plants pose serious health The amendment, offered by Smith, was cerning lawn fertilizers were becoming difficult risks to those living around the plants, Paymar identical to a bill he introduced in 2003 that for homeowners to decipher. said. was passed by the House. However, HF778 was The new law will take effect Jan. 1, 2005, and Because of the discussions in St. Paul, tabled in the Senate prior to adjournment of will apply to fertilizer to be used for turf pur- Gunther said, there now are fairly stringent the 2003 session. chased at retail after Aug. 1, 2004. pollution control rules and laws for odor. This year, the House amended Smith’s bill The new law provides for exceptions when: There are volatile organic compounds that onto HF1857/SF1758*, whose House sponsor • a tissue, soil, or other test by a laboratory or contain all kinds of carcinogens released from is Rep. Doug Meslow (R-White Bear Lake) and method approved by the Department of ethanol plants, Paymar said. “I don’t see that whose Senate sponsor is Sen. Don Betzold Agriculture and performed within the last the plants have addressed those issues.” (DFL-Fridley). It would narrow the definition three years indicates that the level of avail- “We are adhering to the law that was passed of paternity. able phosphorus in the soil is insufficient about emissions,” Gunther said. “We will take Under current law, a man is presumed to be to support healthy turf growth; care of those concerns.” the biological father if, among other criteria, he • the property owner is first establishing turf In the Senate, where Sen. Julie Rosen (R- openly declares the child to be his biological child via seed or sod procedures, and only dur- Fairmont) is the sponsor, the bill passed 53-8 and lives with the child while the child is a mi- ing the first growing season; or May 12. It now goes to the governor. nor. The bill would change the definition of a • the fertilizer containing phosphorus is used biological father to one that must have lived in on a golf course under the direction of a the same household as the child for at least person licensed, certified, or approved by For information on bills about land 12 months during the child’s first two years. an organization with an ongoing training transactions and water table The bill now returns to the Senate, where it analysis, go to the Session Weekly program approved by the department. EXTRA page at: http:// passed without the child support provisions, Under the new law, phosphorus fertilizers www.house.mn/hinfo/swx.asp 64-0 April 22. applied under these exceptions must not ex- ceed rates recommended by the University of Minnesota and approved by the department. Parenting education HF2005*/SF1999/CH179 ★ FAMILY Divorcing couples arguing over child cus- tody and visitation provisions would be re- Child support changes quired to attend at least eight hours of Ethanol impacts An overhaul of Minnesota’s child support parenting classes, under a bill passed by the The Environmental Quality Board writes system was passed 119-12 by the House House 83-47 May 10. rules for the environmental review of devel- May 11, in the form of an amendment to an- Under current practice in Minnesota, di- opment projects in Minnesota. Under its most other bill. vorcing parents contesting child custody mat- basic definition, the process starts with an en- The child support amendment would sig- ters are required to attend classes for a vironmental assessment worksheet to deter- nificantly change the way courts calculate child minimum of four hours and a maximum of mine whether the size, scope, and location of support payments. eight. the project would change the environment The so-called “incomes shares” model at the HF2642, sponsored by Rep. Elaine Harder enough to trigger a large-scale environmental bill’s heart would take both parents’ incomes (R-Jackson), would require that such couples impact statement. A full environmental impact into account when calculating how much begin taking a minimum of eight hours of statement is mandatory for certain projects. money a non-custodial parent pays for child classes within 30 days after the first filing of HF2633, sponsored by Rep. Bob Gunther support. The amount would be based on an any plea in their divorce. (R-Fairmont), would exempt from a manda- individual parent’s share of both parents’ com- Harder said advocates want to get couples tory environmental impact statement an etha- bined gross income rather than on a percent- involved in parenting education as soon as nol plant that produces less than 125 million age of a non-custodial parent’s net income, as possible during divorce proceedings. The gallons annually and is located outside of the in current law. classes help couples learn skills that had they seven-county Twin Cities metropolitan area. To determine exact support amounts known earlier, she said, might have prevented

8 May 14, 2004 their divorce. These skills include communi- less than $450 million would be put into a spe- State lottery changes cation, cooperation, and dispute resolution. cial account held aside and we would guaran- Several changes to the operation of the Min- The idea, said Harder, is “not to drag the tee revenue bonds, not general obligation nesota State Lottery would occur under a bill children into the fray and to spare the chil- bonds, to be let out to build the three stadi- passed 127-1 by the House May 6. dren as much anguish and emotional trauma ums.” Anything over the amount would go to Sponsored by Rep. Tim Wilkin (R-Eagan) and as possible.” the state’s general fund. Sen. Ann Rest (DFL-New Hope), HF2199/ Rep. Len Biernat (DFL-Mpls) said the bill Additionally, the state would charge a SF2181* would give the governor responsibility was mostly supported by a number of groups 15 percent tax to the casino on its gross gam- for appointing the state lottery director, require offering parenting classes that aren’t making ing receipts with 10.5 percent coming back to the director to submit a budget, and create a money. County governments throughout the state to pay off the bonds. Team owners Lottery Organization Task Force to study and Minnesota objected to the bill, he said, for fear would be on the hook for a portion of their make recommendations on the future organi- that they will be required to pay the class fees stadium costs, as would the University of Min- zation and profitability of the lottery. for those who can’t afford to do so. nesota for its facility. Additionally, the bill lowers the operating ex- “This sounds like an unfunded mandate,” “When the stadium bonds are paid off, the penses for fiscal years 2004 and 2005 to added Rep. Ron Latz (DFL-St. Louis Park). $450 million goes to the general fund in time, $27.4 million from $43.5 million. The expenses In response to a question from Rep. Michael as soon as maybe 15 years down the road, and must not come from a direct function of lottery Paymar (DFL-St. Paul), Harder said that the the 10.5 percent tax that was paying off the sales, which include the cost of lottery prizes, bill would not change the current practice that revenue bonds goes directly to the general monies paid to lottery retailers as sales commis- allows judges to excuse individuals from tak- fund,” he said. “It’ll be quite a windfall to the sions or other compensation, costs to produce ing the classes. Paymar expressed concern state of Minnesota.” and deliver scratch game tickets, and amounts about domestic violence victims being forced Jim Belisle, a lobbyist for Lakes Entertain- paid to an outside vendor to operate and main- to take a class with their abusive spouse. ment Inc., said this bill does not put stadium tain an online gambling system. At a March 19 House Civil Law Committee construction on the “backs of taxpayers. It On the floor, Wilkin successfully offered an meeting, several groups offering parenting does not increase the ticket cost and the con- amendment to substitute the House language classes explained their services. cession costs for the fan. This is the only bill into the Senate file. Marilyn McKnight, owner of Erickson Me- that gets the job done, in the easiest way it is The bill is in response to a February 2004 diation Institute, said it often takes parenting to get the job done, without raising taxes or legislative auditor’s report on the lottery that class participants several hours of classes to calling taxes user fees.” found concerns in a number of areas includ- overcome their anger at being ordered to at- ing promotional spending, the amount of tend. Many, however, subsequently appreciate leased space, and staffing levels. MORNING SONG the chance to learn about the emotional na- Several amendments were unsuccessfully of- ture of divorce, legal proceedings, and fered by members, including one by Rep. parenting. Rebecca Otto (DFL-Marine on St. Croix) that The bill now goes to the Senate, where Sen. would have required lottery service businesses Steve Dille (R-Dassel) is the sponsor. that purchases lottery tickets on behalf of cus- tomers to only accept forms of payment by cash, check, or money order. Currently it is the GAMBLING only form of gambling where credit card pay- ★ ments are accepted. Gaming for stadiums “Gambling is an addiction, it is an addic- A bill that would fund stadiums through tive behavior and the use of credit cards makes gambling was presented to the House Taxes it that much more simple,” said Rep. Phyllis Committee May 6, but no action was taken. Kahn (DFL-Mpls). After a short discussion, Rep. Ron Abrams Wilkin encouraged members to vote against (R-Minnetonka), the committee chair, told the amendment to keep the bill “clean” and sug- Rep. Tom Hackbarth (R-Cedar), the sponsor gested Otto present the amendment as a bill next of HF1716, that he would remove his recom- session. Otto said she did introduce the measure mendation to forward the bill to the House as HF2113, but didn’t get a hearing. Ways and Means Committee. “That way you A conference committee report was passed won’t have an overwhelming vote against this by both bodies May 13. It now goes to the idea and you can live to fight another day, governor. maybe not this year, but in the future.” No other member made a motion. Hackbarth said the bill, which has no Sen- PHOTO BY ANDREW VONBANK Casino proposal fails ate companion, would propose a constitu- Members of the Red Lake Nation and White A bill that was designed to assist two Ameri- tional amendment in the 2004 election that Earth Band of American Indians participate in can Indian communities through gambling a morning song May 12. The Red Lake and revenues from a Twin Cities metropolitan area would permit the Legislature to authorize a White Earth communities placed a wigwam single license for a privately owned casino in on the front lawn of the State Capitol grounds casino failed May 6 in a House committee. the Twin Cities metropolitan area. as part of American Indian Month and to cre- On a 13-9 vote, the House Taxes Commit- Under the plan, the state would sell at least ate greater awareness of the Minnesota tee voted against HF2135, sponsored by Rep. a 30-year license to a private entity to operate Gaming Equity Act. Bill Haas (R-Champlin). a casino. Of the money, Hackbarth said, “not “The bill allows the state lottery to enter into

Session Weekly 9 representatives that she would try to help them in any way she could, including raising taxes, to address the poverty issue and other com- munity challenges. “I hope we haven’t reached a point in this state where the only way we can help people struggling to make their way is to suggest gambling revenues.” “I have my own concerns about the fact that everything, it seems, has to be moved down here to the metropolitan area,” said Rep. Tom Rukavina (DFL-Virginia), who also voted no. Much of the committee time was spent hear- ing the views of opponents to the overall ex- pansion of gambling in the state, including two casino employees and the executive director of the Minnesota Indian Gaming Association. In addition, an amendment offered by Rep. Ann Lenczewski (DFL-Bloomington) that would have prohibited Bloomington from consideration as a potential site for a casino was withdrawn. She said it was necessary to prevent a casino, such as one operated by Caesar’s Entertainment, from being built on a site across from the Mall of America. A companion bill (SF2015), sponsored by Mark LaBarbera, president of the Minnesota Out- Sen. Sandra Pappas (DFL-St. Paul), awaits door Heritage Alliance, testifies May 11 before the committee action. House Taxes Committee in support of a proposal that would dedicate a percentage of sales and use taxes to environmental programs. Dan King, player development manager at Trea- For information on a bill about card sure Island Resort & Casino, testifies May 5 before club tables, go to the Session Weekly position, which was intended for game and fish. the House Taxes Committee against a proposal EXTRA page at: http:// A Department of Revenue analysis indicates that would establish a casino in the Twin Cities www.house.mn/hinfo/swx.asp that in fiscal year 2008, the fund could gain metropolitan area. approximately $87.5 million. an agreement with the White Earth and Red “This is a positive step forward for the hunt- Lake bands to operate a casino in the north- ers and anglers in Minnesota,” said Rep. Paul ern part of the metro area,” Haas said. “The GAME & FISH Kohls (R-Victoria). lottery is involved because they will lease the ★ However, tax committee members from slot machines to the new casino.” Dedicated funds both parties expressed concern about the cor- Casino profits could be used for things like The newest reincarnation of a plan that responding loss to the general fund. upgrading schools, health care facilities, and would ultimately dedicate a percentage of the “We’ve got serious budget problems and this roads and other infrastructure needs, he said. existing sales and use taxes to environmental doesn’t help because it takes from other ar- “These are the two largest tribes in the state purposes passed another hurdle May 11. eas,” said Rep. Tom Rukavina (DFL-Virginia). and the two poorest.” Sponsored by Rep. Tom Hackbarth (R-Ce- “Why not raise the sales tax by one-eighth Both tribes now have casinos, but Haas said dar), HF1166 was approved 14-11 by the of 1 percent?” asked Rep. Katie Sieben (DFL- they basically just provide employment for House Taxes Committee, and referred with- Newport). Hackbarth said he was not in favor reservation members. Profits are low, he said, out recommendation to the House Ways and of raising taxes, and admitted that he took a because they are in low traffic areas. Means Committee. no-new-taxes pledge. The tax committee heard the bill because it The bill would propose a constitutional Rep. Ron Abrams (R-Minnetonka), the tax would exempt from sales tax the adjusted gross amendment to voters in the November 2004 committee chair, voted against the bill. “I gen- revenue from gaming machines operated by election that one-eighth of 1 percent of state erally don’t like dedicated funds. It doesn’t the lottery. Instead, state revenue would come sales and use tax receipts be dedicated to a make for good budgeting.” from a 20 percent tax of adjusted gross gam- heritage enhancement fund that would im- Yet, some who fish and hunt see this fund- ing machine revenue. prove, enhance, or protect game and fish habi- ing as a long overdue investment. “We’re giving up 6.5 percent to get 20 per- tat and provide hunter and angler access. “We think the economy that we drive and cent,” said Haas. A Department of Revenue If approved by voters, the fund dedication the taxes we provide warrant our return,” said analysis indicates that the revenue increase to would begin on July 1, 2007. John Schroers, vice president of the Minne- the state would be $26.8 million in fiscal year Gone from the proposal by an author’s sota Outdoor Heritage Alliance. “Everyone 2005, $56.6 million in fiscal year 2006, and amendment is funding dedicated to parks and benefits from clean air and clean water.” $89.8 million in fiscal year 2007. trails, zoos, and impaired waters. Hackbarth said A Senate companion bill (SF401), spon- Rep. Alice Hausman (DFL-St. Paul), who it was time to scale the bill back to its original sored by Sen. Dallas Sams (DFL-Staples), voted against the plan, said she told tribal awaits action by the Senate Rules and

10 May 14, 2004 Administration Committee. However, the Sen- hunters age 18 or older may not shoot deer Commission decide what this body does or ate version differs by the percentage of sales that have antlers less than the width of the ears doesn’t do,” said Rep. Philip Krinkie tax dedication and the scope of funding. when the ears are fully extended and fewer (R-Shoreview). than four points on one side. A two-day spe- The bill now moves to the Senate, where Sen. cial firearm deer season for youth residents Betsy Wergin (R-Princeton) is the sponsor. ages 12 to 15 to take antlerless deer would be Governor gets game and fish bill designated in the zone. Under the bill, “a vio- After a few extra parliamentary motions, an lation related to antler size in the quality deer omnibus game and fish bill that would reinstate management zone is not a crime and shall not ★ HEALTH a mourning dove hunting season in Minnesota, result in a penalty, but is punishable only by a encourage youth hunting by altering some li- warning.” Medical records access cense fees and regulations, and allow for a three- A bill that would allow a minor child’s par- year license revocation for those who fail to pay ent or guardian access to the child’s health court-ordered fines for game and fish violations records passed the House 86-47 May 11. Agreement costs is headed for the governor’s desk. Sponsored by Rep. Tim Wilkin (R-Eagan), HF2368*/SF2203, sponsored by Rep. Joe The House passed a bill 70-60 May 12 that HF352 would amend a more than 30-year-old Hoppe (R-Chaska) and Sen. Tom Saxhaug would direct the legislative auditor to report state law that provides minors confidentiality (DFL-Grand Rapids), also would order a De- to the Legislature by Jan. 3, 2005, on “all costs when seeking medical treatment. partment of Natural Resources report on the incurred by state and local governments asso- “This law places legal barriers between par- impact of the season on the state’s mourning ciated with any agreement between the state ents and their children,” Wilkin said. “Our chil- dove population. and a tribe related to the management of game dren have not fared well with this law,” which he Under the bill, on the opening day of duck sea- and fish or other natural resources or to the called, “one of the most liberal in the nation.” son the shooting hours for migratory game birds, administration of treaties.” The bill now goes to the Senate, where Sen. except woodcock and mourning doves, would be- Under HF1800, sponsored by Rep. Sondra Sean Nienow (R-Cambridge) is the sponsor. gin at 9 a.m. rather than noon, as is current practice. Erickson (R-Princeton), the auditor would be Bill opponents said the law has helped teens The department would be directed to study the asked to “itemize the costs incurred by cat- overcome difficult family situations to obtain impacts of the change in shooting hours, including egory and year, since the commencement of medical care and advice for chemical depen- the harvest success and the affect on local waterfowl any agreement or since July 1, 1994, which- dency, sexually transmitted diseases, and other populations, and report back to the Legislature by ever is most recent.” The report must include health needs. Jan. 15, 2007. costs for payments to federal agencies for as- “This law has served Minnesota well,” said Youth-directed provisions include allowing sistance in administering the agreements. Rep. Katie Sieben (DFL-Newport), citing the turkey hunters under the age of 16 to be ac- An amendment offered by Erickson to instead state’s low national ranking in its teen preg- companied by unlicensed, unarmed adults and direct the Department of Natural Resources to nancy rate. “If we cut off a minor’s access to sanctioning Minnesota residents under the age report to the Legislature all costs incurred by the family planning, it will lead to a rise in teen of 18 to take up to 25 turtles for nonprofit department for the same game and fish tribal pregnancies.” turtle racing, as long as the turtles are greater agreement matters was ruled out of order. The law, in effect since the early 1970s, does than 4 inches in length. “This is a bill about accountability,” not allow parents to view medical records The bill returned from the Senate with a Erickson said. “It seems that over the years the without their child’s consent. The bill would number of amendments and the House voted (department) has lost track of the costs.” amend the law in part by adding: “A parent or not to concur May 10. The next day brought a Erickson said she calculates expenditures guardian is entitled to full access to a minor change of heart. may have surpassed $100 million. child’s health records except as otherwise ex- “Upon further review and reflection from “I’m just interested in information,” she said. plicitly provided in law.” yesterday, we have decided to concur with the “I have no agenda.” The bill would allow parents to sign a nota- Senate version of the game and fish bill,” Rep. Larry Howes (R-Walker) raised a con- rized agreement with a health care provider to Hoppe said May 11. The House then re-passed cern about the broader picture of state and permit a minor child to consent for future health the bill 93-39. tribal relations at a time when the governor care services. It would also allow officials of a Hoppe said highlights from the added Sen- has broached the idea of renegotiating other licensed residential facility providing short-term ate language include provisions that would gaming compacts. shelter for homeless or runaway minors to pro- protect albino deer, allow people with extreme “I kind of look at this as more of a poke in vide consent for medical and mental health care, visual impairments to use a muzzleloader with the eye at a time when they are trying to rene- except “family planning services.” a scope during the deer season, and allow for gotiate the compacts,” Howes said. An amendment by Rep. Michael Paymar turkey hunting by archery in the last two weeks Rep. Keith Ellison (DFL-Mpls) questioned (DFL-St. Paul) that would have restored ex- of the spring season. whether some citizens could construe the bill as isting law and provide a parent “opt in” regard- Other new language would call for the de- an attempt to go back on agreements or treaties. ing medical records access was defeated. partment to coordinate lead tackle awareness “The consequences of not upholding this “We’re not living in a perfect world,” Paymar and public education efforts and promote the state’s word are very harmful, very hurtful, very said. “Young people won’t seek help if they know availability of fishing tackle that does not con- dangerous,” Ellison said. that parents have access to the information.” tain lead, such as lead-free jigs and sinkers. Ultimately, debate segued from a discussion “Every teen is scared to tell their parent what The department also would be authorized of treaties to questioning the Legislature’s au- they’ve done wrong,” Wilkin responded. “But to establish a quality deer management pilot thority over the legislative auditor’s topic se- if they have to tell their parents to get relief, zone in Kittson, Lake of the Woods, Marshall, lection process and activities. they’re going to tell them.” Pennington, and Roseau counties in which “Let’s not let the Legislative Audit

Session Weekly 11 180-day period following notice of closure. For information on new laws about ★ INSURANCE Violations would bring a fine of $1,000 a day. adverse event reporting, a Third, the government unit would be re- moratorium exemption, and assisted Cancellation notice living facilities terminology, go to the quired to conduct a public hearing regarding A clarifying bill that prescribes certain no- the airport closure within 90 days of the clo- Session Weekly EXTRA page at: http:/ tice requirements for fire insurance and /www.house.mn/hinfo/swx.asp sure notice. Public testimony would be allowed amends provisions regulating township mu- at the hearing. tual combination policies was passed by the And finally, before the public hearing, the state HUMAN SERVICES House 122-9 May 10. transportation commissioner would be required ★ Sponsored by Rep. Laura Brod (R-New to evaluate the impact of the airport closure on Prague) and Sen. Dallas Sams (DFL-Staples), Nursing home enhancement the state airport system. HF2777/SF2620* now goes to the governor. “I must reiterate that this does not prevent A bill that the House sponsor described as a The Senate passed the bill 57-0 May 5. a municipality from closing an airport,” Beard way to help improve state nursing homes was For an insurance policy, the bill clarifies said. It would, however, he said, prevent a mu- passed 126-0 by the House May 6. some language in regard to notices if that nicipality from closing an airport without It passed the Senate 57-0 one day later. It policy is declined within the first 60 days, Brod public process. now goes to the governor. said. “The language also clarifies some refer- Rep. Ron Erhardt (R-Edina) defended the One part of HF1754/SF1604*, sponsored by ences to town fire mutual insurances in regards actions of Daley. Rep. Char Samuelson (R-New Brighton) and to statutory language. It doesn’t change any “We need more initiative, and he’s the guy Sen. Linda Berglin (DFL-Mpls), would allow rights that are for the consumers or insurance that really displays that,” Erhardt said. for the human services commissioner to ne- companies.” Replied Beard, “I think initiative is a kind gotiate planned closures for nursing facilities Under the bill, in the event of a midterm word to put on it.” beginning July 1, 2004 provided there is no cost cancellation, “notice must be mailed to the The bill now goes to the Senate, where Sen. to the state. Between Aug. 1, 2001 and June 30, insured at least 30 days before the effective Michael Jungbauer (R-East Bethel) is the 2003, the Department of Human Services was cancellation date.” Current law indicates the sponsor. authorized to approve planned closures of up insured must receive a 30-day notice. to 5,140 nursing facility beds and approve “In the event of a nonrenewal, notice must planned closure rate adjustments to beds re- be mailed to the insured at least 60 days be- maining in operation. fore the effective date of renewal,” under the Publishing public notices An amendment added on the House floor bill. Previous law said a 60-day notice must be A new law signed May 10 by Signed “moves that the state go forward with the de- sent to the insured. Gov. Tim Pawlenty updates and velopment of a new nursing home reimburse- by revises the laws governing pub- ment system that also would include quality the lication of political subdivisions’ governor indicators for the system,” Samuelson said. “A ★ ★ ★ public notices. recommendation would be brought forward ★ LOCAL GOVERNMENT Sponsored by Rep. Peter by Jan. 15, 2005 with potential implementa- Adolphson (R-Minnetonka) and Sen. Jim tion of a new system by Oct. 1, 2006.” Airport closures Vickerman (DFL-Tracy), the new law will take “This at least gets us into the data collec- Local governments would be prohibited effect Aug. 1, 2004. tion, which I think will get us a better system from closing municipal airports unless certain It will update and revise 17 sections in state for establishing rates,” said Rep. Fran Bradley measures are followed, under a bill the House statute that govern the publication of politi- (R-Rochester). passed 128-4 May 10. cal subdivisions’ public notices. Political sub- Third, a request for a medical assistance Rep. Michael Beard (R-Shakopee) said he divisions include counties, municipalities and property related rate adjustment and the docu- was offering HF2737 to prevent from happen- school districts, as well as local and district mentation of construction cost must currently ing in Minnesota what occurred in Chicago. commissions, boards, or authorities. be submitted to the human services commis- According to the Chicago Tribune, Mayor State law requires a political subdivision to sioner within 60 days after the construction Richard Daley sent bulldozers in at 11 p.m. on contract with a designated qualified newspa- completion date to be considered eligible. The March 30, 2003 to tear up a runway at Meigs per for publication of public notices, meeting bill says the commissioner “shall provide a rate Field, used by private pilots in downtown Chi- minutes, and other legal documents. notice reflecting the allowable costs within cago. The mayor said his actions, which came The law will require a qualified newspaper that 60 days after receiving all the necessary infor- without public notice, were meant to protect maintains a Web site to post official notices on mation to compute the rate adjustment.” the city’s residents against possible terrorism the site at no additional cost. The Web posting “This will be a benefit to nursing facilities threats at the airport. Skeptics said the mayor’s must be maintained for the notice’s full publica- to get their rate adjustments in a timely fash- actions were a “land grab” to facilitate con- tion period. A failure to post a government’s of- ion, “ Lori Meyer, director of government af- struction of a nature preserve and park. ficial notice on a Web site would not affect the fairs for the Minnesota Health and Housing Beard’s bill lays out several steps that must be validity of the public notice. Alliance, told the House Health and Human taken before a Minnesota county, city, town, or The new law will allow more public notice Services Policy Committee March 8. joint powers board can close one of its airports. information to be disseminated electronically or First, the local government unit would have by alternative means in certain circumstances. To find out who represents you to notify the state transportation commis- Solicitations for bids, requests for informa- at the Capitol . . . sioner of its intent to close the airport. tion, and requests for proposals can be posted Call House Public Information Services at Second, the government unit would not be on a political subdivision’s Web site, under the (651) 296-2146 or 1-800-657-3550 allowed to abandon, significantly alter, demol- new law, or in a recognized industry trade ish, or convey the airport property for a journal, as long as the posting is in the same

12 May 14, 2004 format and follows the same length of publi- ernments, and it would give the Metropolitan Paying attorney fees cation time required in a qualified newspaper. Council authority to bond for capital improve- Minneapolis police officers would continue Financial statements will be added to the list ments and a public safety radio system. to have attorney fees paid if a misconduct com- of materials that can be summarized in a pub- The council, under the bill, would be permit- plaint filed against an officer is not upheld, lished public notice, as long as the full text of ted to issue $32 million in bonds for capital ex- under a bill the House passed 132-0 May 10. the summary is available for public inspection penditures under its regional transit master plan HF2275/SF2231*, sponsored by Rep. Len by standard or electronic mail. and transit capital improvement plan. This in- Biernat (DFL-Mpls) and Sen. Lawrence When a summary of proceedings is pub- cludes things like fleet expansion, bus garages, Pogemiller (DFL-Mpls), now heads to the lished, the new law will require a notice that a scheduling systems, and park-and-ride facilities. governor’s desk. The Senate passed the bill full version of the proceedings is available In the previous five years, the Legislature has 63-0 May 3. without cost at the political subdivision’s of- approved $199.4 million in transit bonding. The bill would amend state law that pro- fice or by standard or electronic mail. Additionally, the bill deals with public safety vides a police officer’s attorney fees be paid by The new law repeals a grandfathered provi- radio subsystems by allowing the council to is- the city if a citizen’s complaint is not upheld sion that allows newspapers designated as a lo- sue revenue bonds to “provide money for assis- at an evidentiary hearing before a Civilian cal government’s official publication prior to May tance to a local government unit for up to Review Authority. 20, 1965 to retain that status, even if the newspa- 50 percent of the cost of building a subsystem in Biernat said the “technical change” is needed per no longer meets state qualified requirements. the southeast district or in the counties of Benton, because the authority no longer conducts evi- Additionally, a bi-monthly newspaper is Sherburne, Stearns, or Wright in the central dis- dentiary hearings because of budget cuts and deemed as qualified to publish government trict of the State Patrol.” The money would help to speed up resolution of citizen complaints. public notices. these areas become part of a system designed to The bill would provide that an officer’s le- HF2270*/SF2067/CH182 let all officers communicate and be compatible gal costs be paid if there is “a finding that the with systems used by local agencies. complaint is sustained by the authority,” but Other provisions in the bill include: subsequently not upheld by a higher legal Developer fees • special service districts would be allowed to authority. A new law signed by Gov. Tim contract with nonprofit corporations out- In testimony before the House Local Gov- Signed Pawlenty May 10 will require a side the Twin Cities metropolitan area for ernment and Metropolitan Affairs Commit- by connection between fees a mu- management and/or provisions of the tee in March, James Moore, a Minneapolis city the nicipality charges a developer district’s services; attorney said the city had no position on the governor and the local government’s de- ★ ★ ★ • the sunset for special service and housing bill. He said the reimbursement of attorney velopment-related public costs. improvement districts would be extended costs and fees are paid to the Minneapolis Po- Sponsored by Rep. Carla Nelson (R-Roch- from June 30, 2005 to June 30, 2007; lice Federation, the union that represents of- ester) and Sen. Betsy Wergin (R-Princeton), • the Aitkin Drainage and Conservancy Dis- ficers in disciplinary and misconduct the law takes effect Aug. 1, 2004. trict, abolished in 1987, would be reestab- allegations. It will amend state law that allows a munici- lished to administer a deteriorating diver- Under state law, a home rule charter or pality to charge development fees and require sion channel on the Mississippi River; statutory city, town or county can establish a that land in a proposed commercial or housing • the city of St. Paul would be allowed to create a civilian review authority. Minneapolis is the development be dedicated for public infrastruc- nonprofit organization to maintain, manage, only city with such an authority. ture, conservation, or recreation purposes. and operate all or a portion of the RiverCentre Language will be added to existing law that, complex, and to manage and operate a con- “there must be an essential nexus between the vention and visitor’s bureau; and Tort liability immunity fees or dedication . . . and the municipal pur- • the Minnesota Housing Finance Agency A bill that could reduce costs for commu- pose sought to be achieved by the fee or (HFA) would be authorized to transfer nity action agency groups offering affordable dedication.” $50 million of its tax-exempt bonds for cal- housing options was passed by the House Such fees, under the law, could not be used endar year 2004 to the Higher Education 126-0 May 6. by a municipality for “ongoing operation or Services Office (HESO). HF2987/SF2065* amends the definition of maintenance.” “The HFA is not able to use, because of low “municipality” under the law providing im- In the event of a fee dispute, the law will allow interest rates, the entire bond allocation and this munity from tort liability by adding the term: a developer’s application with a municipality to is simply an efficient way in which to transfer “a limited partnership in which a community proceed pending a decision on an appeal. The this bonding authority to HESO,” Abrams said. action agency is the sole general partner.” developer must pay the fee, which the munici- An amendment offered by Rep. Mark Olson “Community action agencies are often in- pality must put in an escrow account. (R-Big Lake) to allow local governments to issue volved in offering affordable housing and are HF2103*/SF2273/CH178 bonds and loan the proceeds to a public or pri- insured under Minnesota Counties Insurance vate entity to design, construct, and furnish a Trust,” explained Rep. Kathy Tingelstad personal rapid transit system was defeated. (R-Andover), sponsor of the House bill. “This Public finance bill “I think it’s inappropriate for members to legislation will help reduce those costs by al- A bill that its sponsor calls “one of the most be OK with letting a county or city use their lowing municipal liability protection to be non-controversial bills ever to be reported out bonding authority to go into debt to bring a extended under that partnership while still of the tax committee” was passed 125-5 by the product to market,” said Rep. Ann Lenczewski maintaining (community action’s) ability to House May 10. (DFL-Bloomington). receive federal funding for affordable housing.” Rep. Ron Abrams (R-Minnetonka), chair of The bill now goes to the Senate, where Sen. Tingelstad described the bill as a technical the House Taxes Committee, said HF3081 “is a Lawrence Pogemiller (DFL-Mpls) is the correction. fairly technical bill.” However, it also contains a sponsor. number of policy-related changes for local gov- Session Weekly 13 “No individual organization testified in op- personnel. Men unable to register due to hospi- House Speaker Steve Sviggum (R-Kenyon) position to this,” she added. talization, institutionalization, or incarceration said later that day that he would not be put- House passage came without discussion. must do so within 30 days after their release. ting any effort into reviving the bill, but The Senate bill, sponsored by Sen. Satveer The bill passed on the House floor without others could. Chaudhary (DFL-Fridley), was approved discussion and now goes to the governor. In A companion bill (SF2536), sponsored by 64-0 March 15. the Senate, where Sen. Mee Moua (DFL-St. Sen. Steve Kelley (DFL-Hopkins), awaits The bill now goes to the governor. Paul) is the sponsor, the bill passed 55-9 on action in the Senate Finance Committee. May 15, 2003.

RETIREMENT ★ MILITARY ★ RECREATION Selective service registration Fund investment Some Minnesota men would automatically Stadium woes The State Board of Investment Signed be registered with Selective Service by apply- The plan to fund new stadiums for the Min- can invest Metropolitan Council by ing for a driver’s license, under a bill passed by nesota Twins and Minnesota Vikings failed on post-retirement health funds if a 13-13 vote in the House Ways and Means the requested by the regional agency, the House 122-0 May 6. governor HF1216/SF1192*, sponsored by Rep. Jim Committee May 7. ★ ★ ★ under a new law signed by Gov. Rhodes (R-St. Louis Park), states that an ap- Sponsored by Rep. Doug Stang (R-Cold Tim Pawlenty May 10. plication for a new or renewed driver’s license, Spring), HF3089 would have local govern- Sponsored by Rep. Mark Buesgens (R-Jor- learner’s permit, or Minnesota identification ments picking up the largest portions of the dan) and Sen. Chuck Wiger (DFL-North St. card by a male under the age of 26 constitutes cost and a local referendum required for user Paul), the new law is effective May 11, 2004. consent to register with Selective Service. The tax increases. Buesgens said the bill, requested by the Met- Department of Public Safety would be re- Stang told members the bottom line is the ropolitan Council, will allow the council the quired to electronically transmit pertinent in- teams want new stadiums because they “need option to request investment — through the formation on such applicants to the federal to generate additional revenue.” state agency — of council funds held in re- government. Team officials testified that in order to re- serve for the payment of potential and esti- “This is not about the draft,” Rhodes said. main competitive in their leagues, revenue mated postretirement health benefits. “This is about registering for Selective Service, needs to be raised and a new stadium would A Metropolitan Council representative said which is a federal law (and) every male has to help do that. the bill would allow a potential higher rate of do this.” Several amendments were adopted, includ- return over time because the council funds Rhodes said the bill would assist men who ing one offered by Rep. Tom Rukavina (DFL- would be part of a larger state investment forget to register, or those who don’t have time Virginia) that would increase revenue by board funding pool. to do so separately. Under current practice, $48.7 million by extending metrowide liquor The council is a regional planning agency men must visit a U.S. post office to complete a and rental car taxes now set to expire in Janu- serving the seven-county Twin Cities metro- form. ary 2006. The money would replace a plan that politan area. Information about those between ages 16 would direct some sales and income taxes at HF1821/SF1815*/CH175 and 18 who are applying for a Minnesota the stadium to debt repayment. driver’s license would be forwarded to Selec- Gov. Tim Pawlenty reportedly opposes ex- tive Service upon the applicant’s 18th birth- tending those taxes. day, under the bill. Rep. Margaret Anderson Kelliher (DFL- ★ SAFETY Under the federal Military Selective Service Mpls) offered a successful amendment that Act, men between the ages of 18 and 26 are would require the stadiums to be sustainable Honoring fallen Minnesotans required to register with the federal govern- buildings. “When we’re investing public Minnesota and American flags ment. While Selective Service in itself is not a money in terms of these public investments Signed in the State Capitol area are re- military draft, it does provide a system for we must make sure that they are done in a way by quired to be flown at half-staff the drafting the number of men needed should that is smart and that lowers the life cycle cost upon the death of public safety governor the president reinstate the draft during a war of the facility which benefits both the public ★ ★ ★ personnel killed in the line of or national emergency. and the business here.” duty, under a new law signed by Failure to register is punishable by a maxi- Another successful amendment offered by Gov. Tim Pawlenty May 10. mum sentence of five years in prison and a Kelliher would require host communities of a The bill also orders the flags be flown at half- $250,000 fine. stadium and those managing the project to be staff upon the death of Minnesota military Those who must register include parolees, in conversations on several issues including: personnel killed in the line of duty. refugees, and applicants for asylum. In addi- living wage jobs, first source hiring for those In each case, the governor will determine tion, handicapped men must register, even if displaced and residents of the host commu- the length of time the flags will be flown at assistance must be solicited from a friend or nity, and neighborhood livability issues such half-staff. relative to do so. Lastly, members of the Na- as parking for directly affected neighborhoods. “This bill is a way to honor our police, tional Guard and Reserve Forces who are not It’s important for those communities to firefighter, and emergency service personnel on full-time active duty must register. have the right to sit down and talk with those across the state,” Rep. Ray Vandeveer (R-For- Those exempt from registration include involved in such a project to insure the invest- est Lake) said on the House floor. women, non-immigrant aliens who were law- ments that are public dollars benefit the Said Rep. Rebecca Otto (DFL-Marine on St. fully admitted, and active-duty military community affected, she said.

14 May 14, 2004 Croix) who added the military personnel lan- allowed exotic species owners to replace their But Rep. Nora Slawik (DFL-Maplewood) guage on the House floor: “They are serving animals in perpetuity failed. favored the bill. Sixteen- and 17-year-olds have our country and working towards our safety, The amendment “assists an industry of re- more accidents than any other group, she said. as well.” sponsible animal owners…without an outright “We’re talking about a bill that’s going to Vandeveer and Sen. Mady Reiter prohibition or ban of animals,” Blaine said. help kids,” she said. (R-Shoreview) sponsored the law, effective Rep. Mary Murphy (DFL-Hermantown) The Senate companion bill (SF2144), spon- Aug. 1, 2004. spoke dramatically in favor of the Strachan sored by Sen. Steve Murphy (DFL-Red Wing), HF2930*/SF2733/CH173 proposal over the Blaine amendment. has been incorporated into an omnibus trans- “The communities are waiting for us to act,” portation policy bill approved by the Senate Murphy said. “So, if a politician comes door- 45-17 May 10. knocking there will be a sign that says ‘Tiger Exotic animal registration on the Premises,’ rather than ‘knock, knock, A bill that would impose registration re- knock, ROAR.’” quirements on owners of certain exotic ani- Permitted to drive The Senate did not concur with the House mals passed the House 107-24 May 11. A new law signed May 7 by changes, and a conference committee has been HF1593/SF1530*, sponsored by Rep. Steve Signed Gov. Tim Pawlenty limits the assigned to work out the differences. Strachan (R-Farmington) and Sen. Don by ability of most teenagers to gain the Betzold (DFL-Fridley), would impose regis- a driver’s license following acci- governor tration requirements on owners of bears; large ★ ★ ★ dents or drunken driving cats, such as lions and tigers; and nonhuman incidents. primates, including chimpanzees, and goril- Provisional license provisions Effective May 8, 2004, a young person whose las. The House voted down a bill May 10 that provisional license is revoked due to a drunken “Some of you would call it an animal bill,” would have prohibited first-year drivers from driving crime or a crash-related moving vio- Strachan said. “I would call it a public safety operating vehicles during some nighttime hours lation cannot regain a license until age 18. bill.” and from carrying more than one passenger. Furthermore, that person must complete a Certain non-domesticated animals are cur- The vote was 92-39. formal driving instruction course, document rently controlled by local ordinances, and HF2304, sponsored by Rep. Jim Rhodes three months’ experience in operating a mo- breeding facilities are required to meet U.S. (R-St. Louis Park), related to provisional li- tor vehicle, and pass the driver’s license writ- Department of Agriculture (USDA) animal cense holders. Provisional licenses are valid for ten examination. welfare guidelines for fence specifications, two years and represent the second phase of Also under the new law, any person under age 18 nutrition, and veterinary care. the graduated driver’s license system, appli- who is driving without a permit or license and con- But, Strachan said, dangerous wild animals cable to those aged 19 and younger. victed of a DWI-related crime or a crash-related are not regulated at all by the state, and the In their first year of driving with a provi- moving violation cannot be given a provisional li- USDA does not regulate ownership as pets. sional driver’s license, drivers would not be cense or instructional permit. In order to obtain a “Wild animals are not pets,” he said. “They allowed to drive, under the bill, with more than regular license, this person must pass a written test, revert to their wild state.” one passenger under the age of 21, save for obtain a learner’s permit and hold it for at least six Under the bill, all owners of exotic pets immediate family members. These same indi- months, and then pass a behind-the-wheel test. would have to comply with USDA standards viduals would also be prohibited from driv- The new law is referred to as “Vanessa’s Law” and register with local animal control authori- ing between midnight and 5 a.m., unless in memory of Vanessa Weis, who was killed in ties. Breeders who are USDA-licensed would accompanied by a parent or guardian. May 2003 just days before her 16th birthday. be allowed to replace their animals in perpe- However, the bill allowed both prohibitions She was a passenger in a vehicle being driven tuity; however, pet owners could replace an to be overridden through a note signed by the by an unlicensed 15-year-old who lost control animal only once. driver’s parent or guardian. of the vehicle. Vanessa’s mother, Mary Weiss Proponents have said that reducing the pool At a March 24 committee meeting, Rhodes of St. Louis Park, blamed the accident on ex- of private ownership would decrease the risk said the issue is the number of injuries caused cessive speed, inattentive driving, and youth- of injuries and diseases that could be trans- by teenagers in their first year of driving. ful inexperience. mitted to people. “I’d like to save a child,” he said, citing the Rep. Greg Blaine (R-Little Falls) and Sen. The bill would provide a significant num- death of a student in the Hopkins area last year. Betsy Wergin (R-Princeton) sponsored the law. ber of exemptions, Strachan said, including Several members spoke against the bill on HF2555/SF2851*/CH177 organizations such as accredited zoos, sanc- the House floor. tuaries, circuses, rodeos, and county fairs. Rep. Marty Seifert (R-Marshall) said the bill “The effect on breeders under this bill is a undermined parents’ ability to regulate their Agency extension market change because pets are restricted fur- children’s behavior. “The definition of the fam- A regional agency with jurisdiction over ther than they are now.” Strachan said. “I think ily is mom and dad, not Uncle Sam and Big building the Twin Cities metropolitan area that’s a good thing.” Brother,” he said. portion of a statewide public safety radio and Though some lawmakers said they dis- Rep. Tom Rukavina (DFL-Virginia) said he communication system would be extended, agreed with restricting business growth within voted against a proposed curfew provision under a bill the House passed 117-15 May 10. the industry, an amendment offered by Rep. when the House passed the graduated driver’s Sponsored by Rep. Mary Liz Holberg Greg Blaine (R-Little Falls) that would have license system in 1997. (R-Lakeville) and Sen. Jane Ranum (DFL-Mpls), placed the regulatory responsibility with the “…I just kind of get tired around here mak- HF2136/SF1973* now heads to the governor’s Board of Animal Health, instead of local au- ing criminals out of good kids,” Rukavina said. desk. The Senate passed the bill 64-0 May 5. thorities, as Strachan had proposed, and “If we put this into law, that’s exactly what The Metropolitan Radio Board was estab- we’re going to be begging for.” lished by the 1995 Legislature to set standards

Session Weekly 15 for the construction and operation of a high- in White Bear Lake in which a car was hit when improving or constructing other highways that frequency (800MHz) digital public radio sys- it straddled the tracks as traffic was backed up. developers believe take away business from tem covering nine metropolitan area counties. And John Apitz, a lawyer representing the their privately constructed toll roads. Holberg said the bill addresses “short- and Minnesota Regional Railroads Association, “It’s not so much a red light as much as a long-term issues on governance of the radio sys- cited a similar situation in Elk River. In nei- flashing yellow,” said Rep. Frank Hornstein tem,” which, she added, will “expand into the St. ther case did the driver die. (DFL-Mpls) in introducing the concept Cloud corridor and down to Rochester.” Several members objected to the bill on the (HF2539) March 10 at a House Transporta- The bill would repeal a June 30, 2004, board House floor. tion Policy Committee meeting. Portions of expiration date, and would allow more time “It’s just common sense that you shouldn’t his bill regulating toll road facilities were in- for a transition to a statewide public safety stop on the railroad tracks, Rep. Meslow,” said cluded in the larger omnibus transportation communications network. Under the bill, the Rep. Tom Rukavina (DFL-Virginia). “I don’t finance bill. board would be continued to June 30, 2006. think we need a law for that.” An amendment offered by Rep. Ray Vandeveer The regional agency’s board would be ex- Added Rep. Mary Murphy (DFL- (R-Forest Lake) to prohibit toll roads on all but panded to 19 members, under the bill, by add- Hermantown), “Do you know that under this Interstate 394 failed on a voice vote. ing representatives from Chisago and Isanti bill a person can get their car wrecked, they Discussions of toll roads have received more counties. could get hurt, and they could get a ticket?” attention recently at the Capitol. In 2003, the The current 17-member board includes rep- Rep. Bernie Lieder (DFL-Crookston) de- Legislature approved HOT lanes, which will resentatives of counties and cities in the Twin fended the bill on the House floor. “There are allow single-occupant vehicles to use carpool Cities metropolitan area. It was established to a lot of accidents that have happened and I lanes for a fee. set standards for the construction and opera- think this bill would clarify that particular According to the Transportation Depart- tion of a high frequency digital public safety problem that we have,” he said. ment, HOT lanes will begin soon on Interstate radio system for the area. The fact that many drivers have inadvert- 394, west of downtown Minneapolis. Fees, The radio system’s first phase started oper- ently broken traffic laws, such as running a red which are yet to be announced, will be col- ating in 2002. The system cost of about light, for instance, does not negate the need lected electronically. Drivers, however, would $36 million was funded through the Metro- for such a law, Meslow said in committee. “I maintain an ability to use adjacent lanes free politan Council, state-issued bonds, the trunk think it’s important that there are laws that set of charge. highway fund, and a portion of 911-emergency out what it is we’re supposed to do.” Plans for a second toll road initiative, so- line fees paid by all telephone users. The coun- In the Senate, where Sen. Mady Reiter (R- called FAST lanes, are moving forward. Ac- cil provides the radio board with office space Shoreview) is the sponsor, the bill passed 59-3 cording to John Doan, FAST Lanes program and administrative support at no cost. May 13. It now goes to the governor. director, lane designation will come sometime Holberg said the state Department of Pub- in 2005. lic Safety, which opposed the bill in a Febru- The bill also includes a directive to the de- ary hearing before the House Local partment to study possible alignment of main Government and Metropolitan Affairs Com- TRANSPORTATION highways as a second beltway outside mittee, supported an amended version ★ Interstates 494 and 694. A report — including brought to the House floor. Policy provisions, part II timetables and right-of-way needs — would The House on May 12 passed its second be due to the Legislature by Jan. 15, 2005. omnibus transportation policy bill in nearly Also under the bill, government entities two months, approving provisions that would would maintain the ability to take private Railroad clearance regulate toll roads, change how the state takes property for public projects, but only when A bill that would prohibit all vehicles when private property, and begin the examination there is overwhelming evidence that the land stopped at railroad tracks from crossing the of a proposed second beltway around the Twin is needed for a public purpose. tracks until the roadway ahead is clear of traf- Cities metropolitan area. Other provisions in the bill include: rumble fic was passed by the House 90-40 May 10. HF2247, sponsored by Rep. William Kuisle strips on rural roads, a pilot taxi project for HF2217, sponsored by Rep. Doug Meslow (R-Rochester), was passed 98-31. It now goes disabled riders, a plan for a statewide 10-ton (R-White Bear Lake), would apply to two to the Senate, where Sen. Steve Murphy (DFL- county and county state-aid highway system, classes of vehicles. Vehicles “for hire” that are Red Wing) is the sponsor. and a plan to allow private entities to lease state required by federal law to stop at railroad Many of the provisions in HF2247 are iden- rest areas on major highways in order to pre- crossings, such as buses, would not be allowed tical to those in HF3141, approved by the vent their closure. to cross the tracks until traffic is flowing suffi- House 83-50 April 7. Also sponsored by Kuisle, ciently to allow them to clear the other side of it lacks a Senate companion. the tracks by at least 10 feet. Under the bill, tolls could not be charged of Light rail operations Secondly, all other vehicles, such as passen- drivers on any toll lane or road once construc- The new Hiawatha light-rail line that will ger automobiles, could not proceed across the tion and debt costs of the toll facility are re- eventually run between downtown Minneapo- tracks until they are able to clear the other side covered. lis and the Mall of America is scheduled to of the tracks by any distance. Additionally, the state could not strike up begin operating June 26. A bill passed by the Violators would be subject to misdemeanor more than two private toll facility agreements House would help it operate more smoothly. penalties. with developers before July 1, 2006. Sponsored by Rep. Mary Liz Holberg (R- In the March 18 House Judiciary Policy and And, under the bill, at no time could an Lakeville), HF2078 was approved 128-2 May 10. Finance Committee, Meslow said the bill was agreement contain a “non-compete clause.” The bill does two things. First, it attempts necessary to keep vehicles from stopping atop Private developers have used such clauses in to prevent traffic jams that could be caused at tracks when traffic is backed up. He cited a case other states to keep the government from downtown railroad crossings. It provides that

16 May 14, 2004 all vehicles required by federal law to stop at all railroad crossings regardless of the presence SPECIAL THANKS of a train, such as school and passenger buses, would be allowed to pass through the inter- section if a train is not approaching. This ap- plies only to crossings at the intersection of two or more public streets if the intersection is controlled by a traffic signal. Without this provision, Holberg said, traf- fic could become backed up at light-rail cross- ings in downtown Minneapolis. Rear-end accidents could ensue, she added. Second, the bill allows law enforcement agents and Metropolitan Transit police to ticket passen- gers who attempt to ride the train without pay- ing for or presenting the proper fare. The bill now goes to the Senate, where Sen. Charles Wiger (DFL-North St. Paul) is the sponsor. The provision is also in the Senate PHOTO BY TOM OLMSCHEID omnibus transportation policy bill. House Taxes Committee Chair Rep. Ron Abrams holds a plaque he received May 11 in apprecia- tion of his tenure as chair. Abrams must step down as chair because House rules do not allow members to serve as chair of a standing committee with substantially the same jurisdiction during more than three consecutive regular biennial sessions that the member’s caucus is in Bridge review the majority. Rep. Connie Ruth, committee vice chair, left, presented the plaque to Abrams for A new law signed May 10 by his “professionalism, perseverance, and patience.” Also pictured are Blair Tremere, committee administrator, and Kathy Kieffer, committee legislative assistant. Signed Gov. Tim Pawlenty will stream- by line the review of bridge replace- the ments and repairs. Preservation designation Department, natural preservation routes are governor Effective Aug. 1, 2004, the new Gov. Tim Pawlenty signed a highways within the county state-aid highway ★ ★ ★ Signed law repeals a statute that requires law May 10 that streamlines the system that may be built to different standards by designation of natural preserva- because they are located in scenic or historically review by the appropriate regional develop- the ment commission or the Metropolitan Coun- tion routes on county state-aid or environmentally sensitive areas. governor The repeal leaves intact the remaining por- cil of all bridge replacements and repairs that ★ ★ ★ highways. are funded by grants from Minnesota state Effective Aug. 1, 2004, a section tion of the statute that regulates the designa- transportation bonds. The reviews were origi- of law is removed that requires all requests by tion of natural preservation routes. It requires nally envisioned to ensure consistency with counties for the designation of natural pres- that in order for the state to designate the route, long-term comprehensive development plans. ervation routes to be reviewed by an advisory the county board with jurisdiction over the Organizations representing county govern- committee. The committee consisted of a rep- road must receive a petition requesting the ments want the law changed, according to Rep. resentative from the Department of Natural road’s designation. The county board must act Peter Adolphson (R-Minnetonka), who spon- Resources, a county commissioner, a represen- on the petition request within 60 days. sored the law with Sen. Ann Rest (DFL-New tative of an environmental organization, and Rep. Ron Erhardt (R-Edina) and Sen. Ann Hope). The Metropolitan Council is not op- three members of the public. Rest (DFL-New Hope) sponsored the law. posed to it, he added. According to the nonpartisan House Research HF1898*/SF1953/CH181 Adolphson characterized the new law as “mandate relief.” Dennis Berg, an Anoka ROOF REPAIR County commissioner, told a House commit- tee that many regional development commis- sions haven’t been reviewing bridge repairs and replacements. Eliminating the law wouldn’t damage the integrity of the process, which still requires local government unit ap- proval, he added. Current law, according to nonpartisan House Research Department staff, was enacted in 1976 when the state transportation fund was created. At the time, the state had no process for review- ing bridge projects funded by state grants, and lawmakers wanted to ensure adequate local re- view. Since then, such projects have been re- viewed pro forma by regional development PHOTO BY TOM OLMSCHEID A layer of rolled roofing is applied to half of the Judicial Center roof May 10, follow- commissions without substantial impact. ing a storm that hit the Capitol Complex May 9. In addition to the damaged roof, HF1851*/SF1954/CH180 several trees were uprooted or otherwise damaged.

Session Weekly 17 STATEHOOD PHOTOS BY TOM OLMSCHEID

State Capitol site guides dress in cos- tume as part of Statehood Week. Elizabeth Karel, left, portrays a terri- torial schoolteacher and Michael Salzberg, right, portrays Dr. John Murphy, a delegate to the 1857 Min- nesota Constitutional Convention. The portrayals are done for school groups during their tours of the State Capitol. The groups hear how Minnesota’s boundaries were drawn before it became a state on May 11, 1858.

Portraying a delegate to the 1857 Minnesota Constitutional Convention, Dick Klein tells a sixth-grade class from John Adams Middle School in Rochester May 12 how Minnesota’s boundaries were drawn.

18 May 14, 2004 T ISSUE: GOVERNMENT A ★ ★ ★

Yet, no one is denying the building’s needs. Areas worthy of attention include mechani- Birthday bash cal, electrical, heating and ventilation, and humidity and temperature control systems. As State Capitol centennial approaches, planners work on “The Capitol was set up to be an office building and not a museum, and it wants to party plans and structural preservation function that way, but with modern technol- ogy it’s having to improvise with a lot of things BY MIRANDA BRYANT Minnesota Historical Society, the state Depart- that the building structure doesn’t want to ne of the most significant birthday ment of Administration, and the Capitol Area accommodate,” Stark explained. celebrations in the state is fast approach- Architectural and Planning Board. The latter The planning board requested $4.9 million Oing, and planners are working diligently is a state agency charged with preserving the in bonding money. Of that, $3.2 million is to secure party plans and new “party clothes.” architectural integrity of the Capitol, as well needed for plastering and repainting of pub- The Minnesota State Capitol will turn as the surrounding buildings and grounds. lic spaces on three floors of the Capitol, resto- 100 years old on Jan. 2, 2005. As such, the While the commission was handed a sizable ration of public spaces on a fourth floor, and building’s keepers hope to give the building a task, it was not given a budget to match. Save restoration of the dome’s interior. The remain- new wardrobe in the form of fresh interior for $57,000 donated by the governor’s inau- ing $1.7 million is necessary to complete a paint and replastering, and to formalize a gural committee, no money has been allocated schematic design for the phased renovation roster of centennial events. for the centennial. The commission therefore and restoration of the building’s interior, and The goal is to involve as many Minnesotans as formed the nonprofit group Friends of the to pre-design space in a new or existing build- possible in the yearlong centennial celebration. Minnesota State Capitol and is aiming to gain ing to accommodate large public hearings and “It is their house,” said Nancy Stark, execu- sponsorships for the party events. meetings. tive secretary of the Capitol Area Architectural Simultaneously, the group’s fund-raising The House included $1.9 million in its om- Planning Board. “Everybody owns the Capi- nibus bonding bill tol — you, me, and everybody.” (HF2991), approved Stark said centennial events are being kept 102-30 April 29. The secret until this summer or fall. However, a Senate earmarked story in the Jan. 1, 2004 St. Paul Pioneer Press $3.1 million in its stated that a large kickoff party on Jan. 5, 2005, bonding bill (SF3057) and a June 14 Flag Day celebration are under that was amended to consideration, as are a poster design contest the House file before for schoolchildren, the planting of a ceremo- failing by two votes nial garden on the Capitol grounds, and the May 6. tying of a yellow ribbon around the building. Minnesota’s Capi- A traveling history display of Capitol memo- tol is one of several rabilia, complete with interactive video statehouses needing screens, will visit each of the state’s 87 coun- serious restoration. ties during the summer of 2005, Stark said. Stark said Utah re- In addition, the state’s sizable Civil War flag The State Capitol under construction in1904. cently vacated its collection could be incorporated into the cel- Photo courtesy of the Minnesota Historical Society Capitol for a four- ebration, should money be raised to properly year, $200 million res- preserve and better display the 48 aging tex- subcommittee has a larger goal — securing toration project, and Texas, Wisconsin, tiles. Carolyn Kompelien, manager of the State endowments to preserve and maintain the Nebraska, Kansas, and Ohio have recently Capitol historic site for the Minnesota Histori- building. According to Stark, $55 million to spent millions on their capitols. cal Society, said about $1.4 million is needed. $60 million is needed to restore the aging four- Minnesota’s premier building is the third “The hope is…that some of the flags could story structure. such building. The first Capitol burned to the be on display during the centennial year,” The State Capitol is visited by 131,000 ground in an 1881 accidental fire and its re- Kompelien said. people annually. It is the headquarters for the placement became too small. Cass Gilbert, Leading the centennial planning efforts is the governor, the Minnesota Senate, and the Min- who later designed what was the tallest build- all-volunteer State Capitol 2005 Commission. nesota House of Representatives. And it is a ing in the world at its 1913 completion, the The group was appointed by former Gov. Jesse museum, showcasing 11 statues, 17 busts, and Woolworth Building in New York City, de- Ventura in 2001, and re-appointed in 2003 by 49 paintings. signed the present day Capitol. It took nine Gov. Tim Pawlenty. Eleven members are named “We are very, very fortunate that we have years and $4.5 million to construct. by the governor, and four by the Legislature. had a building of 100 years that has worked as Stark said the group is working with the well as it has,” Stark said.

Session Weekly 19 T ISSUE: VETERANS A ★ ★ ★

Design elements include a dozen vertical glass panels, anchored on granite bases and Honorable and noble etched with images and narratives of Minne- World War II Veterans Memorial planned for sotans’ wartime experiences. The memorial would stretch across the plaza State Capitol grounds between the Veterans Affairs Building and Rev. Dr. Martin Luther King Jr. Boulevard, just be- BY NICOLE WOOD donations, the American Legion and other low the Capitol building. innesota veterans unable to attend the veterans service organizations, and revenue Under the plan, the rose garden currently May 29 dedication of the National from special veterans license plates. By com- in that space would be relocated to surround MWorld War II Memorial in Washington, parison, the cost of the Vietnam Memorial was the memorial area. The primary paving mate- D.C., might be heartened to learn that the about $900,000 and the Korean Memorial rial would be comprised of colored concrete, bonding bill passed by the House April 29 in- about $600,000. Pugliese said he is hopeful that accented by Minnesota granite. cludes construction funding for a monument a groundbreaking ceremony will be held this A map of Minnesota surrounded by bronze a bit closer to home. year, on or around Veterans Day. stars honoring Minnesota heroes at home and HF2991, sponsored by Rep. Philip Krinkie Proponents have said time is of the essence. abroad would occupy the center of the (R-Shoreview), would dedicate $500,000 for In announcing his support for the project, memorial. the final construction phase of the Minnesota Gov. Tim Pawlenty noted there are only 80,000 “The Minnesota World War II Veterans World War II Veterans Memorial on the State living veterans of the 326,000 Minnesotans Memorial brings the voices of Minnesota Vet- Capitol Mall. who served in the armed forces in the war. Of erans to the heart of the state Capitol,” accord- The mall features a number of war-related those who served, 6,284 lost their lives. ing to the department’s Web site. “The design monuments, including ones dedicated to the “It is a fitting time to build this memorial encompasses various elements to tell the story Korean and Vietnam wars, and the first Ameri- because between 1,200 and 1,500 World War of Minnesota’s veterans and civilians during can naval gun to fire a shot in World War II, II veterans are dying per day (across the the greatest struggle in human history.” but there is no monument specifically dedi- country),”Anderson said. The firm of Myklebust-Sears, part of the cated to the men and women who served in He also commented on the changing pub- winning design team, hosts a public art dis- the Second World War. lic opinion surrounding military service, what cussion forum on the Internet, and that site State funding for the monument has had a he described as “a great difference in philoso- currently contains some insightful comments bumpy ride in recent legislative sessions. De- phy” between the World War II-era and now. into the final design phase of the memorial sign dollars were vetoed by Gov. Jesse Ventura “Today, if a soldier has to stay overseas for 18 project. Andrea Myklebust, one of the project in 1999, restored in 2000, and then construc- months, public opinion sends him home. But it designers, writes of the glass panels, “The in- tion funding was dropped in a 2002 House- was nothing for a soldier to spend four long years tention is that they will carry narrative con- Senate conference committee. overseas in World War II,” Anderson said. tent which tells the story of WWII through the This session, funding for the memorial was With respect to those years away from fam- eyes of Minnesotans — ‘windows’ into those put forth in HF156, sponsored by Rep. Irv ily and children, “It’s unconscionable what stories, if you will.” Anderson (DFL-Int’l Falls), before it was se- they went through,” he said. She also mentions that there have been lively lected for inclusion in the bonding bill. “It’s a very honorable and noble project,” discussions regarding the content for the pan- Anderson, a World War II veteran, and said Rep. Bill Haas (R-Champlin). “It’s long els, “with some people wanting no war imag- Michael Pugliese, Department of Veterans Af- overdue.” ery, and others feeling it should be a part of fairs deputy commissioner, the space.” presented the final design Finally, one of her concept to the House State postings reveals the ratio- Government Finance nale for various design el- Committee Feb. 27. ements that go into such The estimated cost for an undertaking as the me- the project is $1.15 million, morial: “Telling a story in Pugliese said, and the a compelling way; Creat- $500,000 legislative appro- ing a beautiful, humane, priation combined with inviting space; and Making private contributions — something strong, so it will some $470,000 to date — last.” would keep the project on target. Private funding sources include individual An illustration of the proposed Minnesota World War II Memorial. Illustration courtesy of the Minnesota Department of Veterans Affairs

20 May 14, 2004 EOPLE P★ ★ ★

and finance; jobs and economic development finance; and commerce, jobs, and economic Back to Baxter development policy. By his own admission, Walz has been quiet Walz decides not to seek re-election in light of in committee meetings and on the House floor. If he doesn’t have something to add or ques- demanding law enforcement career tion, and if his mind is decided on an issue, there’s no point in talking, he explained. But BY MIRANDA BRYANT he’s been happy to field questions posed to him rowth is most often good for one’s career. as a law enforcement official. But in the case of Rep. Dale Walz, growth And unless someone from Walz’s profession Gis stymieing his job — or at least one of is elected in the fall, the House will be without them. a police officer in its ranks. At the start of the The Republican representative from 2003 session, Walz was one of three police of- Brainerd has decided not to seek re-election ficers in the 134-member body. One other cop to District 12A. The population growth in his resigned and another has decided not to seek district is placing additional demands on his re-election in the fall. “day” job — that of captain at the Baxter Po- But Rep. Sheldon Johnson (DFL-St. Paul), a lice Department. It is no longer possible, he probation officer, said the House wouldn’t nec- said, to take an annual five-month leave of essarily be at a disadvantage without a police of- absence to serve as a legislator. ficer. Law enforcement officials and their “There’s problems there with the growth lobbyists can continue reporting to the capitol that weren’t there before,” he said, citing an to testify and answer questions, he explained. increase in drug crimes and methamphet- What may be missed, however, is the per- amine labs. “It’s just not working anymore. I spective of someone like Walz who knows in- need to be there full time.” timately the issues affecting the men and Acting on this realization wasn’t easy for the women in the field, Johnson said. 39-year-old who was initially elected in 2000. “I was impressed especially with his concern “When I first got elected, in the back of my mind for the line staff that are actually doing the I thought I’d like three terms,” Walz explained. work in the community,” Johnson said. “He’s Though his leave comes sooner than he an- aware and dedicated to those doing the work ticipated, it doesn’t come without a sense of of public safety.” accomplishment. There are a few things Walz won’t miss — Walz co-authored the “concealed-carry” bill, the long hours and the commute between his PHOTO BY TOM OLMSCHEID signed into law in 2003. It created statewide Rep. Dale Walz will leave the House after two terms home and St. Paul. But he will miss the people standards that county sheriffs must use in de- to devote more time to his job as a police captain he’s met while serving in the Legislature. ciding whether to issue handgun permits to in Baxter. Said Walz, “I can hold my head up high and individuals. The law is intended to open the the tools they need to enforce the laws of our say ‘I served in the House of Representatives.’ permit process to more people. country,” Walz said last year. “It closes some Not many people can say that.” Walz also put his name behind the so-called of the gaps in the system and makes it easier woman’s right-to-know law, approved in 2003. to find those who live here illegally.” It requires abortion providers to inform patients And he supported bills this year to impose STEPPING DOWN who are seeking abortions about the risks of the tougher sentences on high-risk sex offenders procedures 24 hours before the surgery. and on methamphetamine makers. Rep. Dale Walz “My district’s very pro-life,” Walz said. The “I would say overall Minnesota is getting Republican District 12A — Brainerd father of three said that he respects the opin- very serious about how we handle crimes and Terms: 2 ions of others, but can’t vote in favor of abor- criminals,” Walz said. Career Notes: In addition to addressing tion matters. But there is one item on his “to do” list that “It’s in my heart,” he said, of his pro-life stance. law enforcement issues in the House, he won’t be able to accomplish — that of “get- Walz has been an advocate for balanced Walz also co-authored a controversial and ting us totally out of the deficit in the next unsuccessful bill in 2003 that would have put into budgets and tax cuts. In 2003 he pro- couple years.” posed a property tax freeze for qualified law a set of Department of Public Safety rules “It will happen, I just won’t be here to see mandating that the visa expiration date for tem- senior citizens. And in light of last year’s it,” said the self-described optimist. “All indi- multi-billion dollar budget deficit, he porary foreign visitors be printed on that person’s cations are we’ve rounded the corner.” proposed a 4 percent salary cut for state driver’s license or identification card. During the 2003-2004 biennium, Walz legislators and constitutional officers. “This bill gives law enforcement personnel served on the committees of judiciary policy Session Weekly 21 F EBRUARY 2 - MAY 13, 2004 OVERNOR’S DESK CHAPTERS 134 - 194 G ★ ★ ★ Tracking new laws, vetoes

Once a bill has passed both the House and (Sundays are not counted in the three-day during the final three days of the session, or Senate in identical form, it’s ready to be sent limit, but holidays are.) within three days after the governor receives to the governor for consideration. The gov- But if a bill is passed during the last three the bill at any other time. ernor, who has several options when con- days of session, the governor has a longer time Policy items contained in appropriations sidering a bill, can: to act on it. He or she must sign and deposit it bills may not be line-item vetoed. In order • sign the bill and it will become law; with the secretary of state within 14 days after to veto such an item, the governor is required • veto the bill; the Legislature adjourns “sine die” (Latin for to veto the entire bill. • line-item veto individual items within an adjournment “without a date certain”). If the A two-thirds vote of the members in each appropriations bill; governor does not sign a bill within this time house is needed to override a veto. But be- • or do nothing, which can have two differ- frame, it will not become law, an action known cause only the governor can call a special ent effects. The timing of these actions is as as a “pocket veto.” The governor is not required session of the Legislature, anything vetoed important as the actions themselves. to provide a reason for the veto. after the Legislature adjourns is history — In the second year of the biennium (even- Only on appropriations bills can the gov- at least until the next session. numbered years), as this year is, a bill passed ernor exercise the line-item veto authority. The governor’s veto authority is outlined by the Legislature and presented to the gov- This option allows the governor to eliminate in the Minnesota Constitution (Article IV, ernor before the final three days of the ses- the appropriation items to which he or she Section 23). sion will become law unless the governor objects. As with all vetoes (save pocket ve- This information is also available on the governor’s vetoes it by returning it to the Legislature toes) the governor must include a statement Web site (www.governor.state.mn.us.mn.us). Select the within three days. The governor normally listing the reasons for the veto with the re- “Legislation” link. Key: signs the bills and files them with the secre- turned bill. Here, too, the timetable is either CH=Chapter; HF=House File; SF=Senate File tary of state, but his signature is not required. 14 days after adjournment for bills passed

CHHF SF Description Signed Vetoed

Res. 1 2242 2222* Resolution for BWCAW reservation fee increase. 5/13/2004 134 921 906* Sex offender treatment co-payments authorized. 2/17/2004 135 973 1015* Veterans Affairs Dept. authorized to access taxpayer ID information to notify veterans of health hazards. 2/26/2004 136 1794* 1615 Airport federally funded projects minimum required local contribution decreased. 3/10/2004 137 480* 837 Job reference information, school violence data, and employee personnel records disclosure regulated. 3/22/2004 138 1743 2182* Public utility performance-based regulation plan purpose modified. 3/19/2004 139 1980 1799* Watershed and soil and water conservation district officers conflicts of interest clarified. 3/19/2004 140 1822 1814* Metropolitan Council government electronic funds transfer use authorized. 3/19/2004 141 1935 1626* Storm and sanitary sewer financing provisions modifications. 3/26/2004 142 307* 497 Noncommercial sign ordinance exemption provided during state general election years. 3/26/2004 143 1064* 1197 State employee technical and housekeeping changes provided. 3/26/2004 144 1702 1748* Emergency medical services provisions modifications. 3/26/2004 145 2491 2498* Domestic abuse ex parte protection or temporary restraining orders effectiveness. 3/26/2004 146 1803 1745* Trust law provisions modified and guardianship and conservatorship law changes provided. 3/26/2004 147 1855 1903* Counties hazardous buildings and property removal authority. 4/2/2004 148 2878* 2537 Dr. Norman E. Borlaug World Food Prize Day designated. 4/2/2004 149 339 40* Graffiti damages recovery action provided. 4/2/2004 150 2105* 2632 Iron Range Resources and Rehabilitation Commissioner’s Office established. 4/2/2004 151 2118 2063* Local government units financial institution deposits collateralization requirements clarification. 4/2/2004 152 2033 1958* Towns electronic or wire transfer payments and credit card or electronic payments acceptance authority. 4/6/2004 153 1805 1621* Mortgage satisfaction certificates and assignments or releases. 4/6/2004 154 2107 1653* Real property survey and monument requirements modified. 4/8/2004 155 2651* 2347 Interstate Compact for Adult Offender Supervision amended and interstate compact repeal delayed. 4/14/2004 156 2455* 2499 Five-level correctional facility classification system authorized. 4/14/2004 157 1836* 1693 Mineral tailing deposition into mine pits permitting clarified. 4/14/2004 158 3005* 2840 County seat voting times modified. 4/14/2004 159 1817 1614* Service animal injuries criminal penalty and restitution requirement. 4/19/2004 160 2688 2626* Hastings veterans home property leasing authority. 4/22/2004 161 1843 2903* Towns annual audits subjection expansion. 4/22/2004 162 1983* 1805 Uniform Commercial Code revisions enacted. 4/26/2004 163 995* 1268 Notice and plan requirements modified for excavating around utility facilities. 4/26/2004

22 May 14, 2004 *The legislative bill marked with an asterisk denotes the file submitted to the governor. CHHF SF Description Signed Vetoed

164 1944* 1797 Domestic abuse orders for protection grounds expanded. 4/26/2004 165 2906* 2871 Payroll processing efficiency increased for local governments. 4/26/2004 166 2502 2609* Mental health community representative included on a community transition team. 4/26/2004 167 1978* 1910 Truck driver hours law technical corrections provided. 4/29/2004 168 1861* 1645 Recreational purpose definition modified relating to liability on land used for recreational purposes. 4/29/2004 169 2365 2299* Petroleum storage tank violations enforcement procedures expansion. 4/29/2004 170 2482 2300* House districts 41A and 41B boundary adjustment. 4/30/2004 171 2044 2009* Tourism functions transfer. 4/30/2004 172 2521* 2435 Lawful gambling provisions modified. 4/30/2004 173 2930* 2733 Capitol flags at half-staff following the death of public safety officer or Minnesota military personnel. 5/10/2004 174 2551* 2418 Safe deposit companies regulated. 5/10/2004 175 1821 1815* State Board of Investment authorized to invest Metropolitan Council postretirement reserves upon request. 5/10/2004 176 2500 2422* Polychlorinated byphenyl (PCB) wastes regulated. 5/10/2004 177 2555 2851* Instruction permit and provisional driver’s license issuance after certain conditions limited. 5/7/2004 178 2103* 2273 Municipalities authorized to require the dedication of land for public purposes. 5/10/2004 179 2005* 1999 Phosphorus use in fertilizers restriction extended. 5/10/2004 180 1851* 1953 State transportation fund project approval by Regional Dev. Comm. or Met Council requirement repealed. 5/10/2004 181 1898* 1953 Natural preservation routes on county state-aid highways review by advisory committee requirement repealed. 5/10/2004 182 2270* 2067 Newspaper public notice publication provisions modified. 5/10/2004 183 2235* 2243 Unemployment insurance definitions and penalty provisions modified. 5/10/2004 184 2352 2387* Peace officers and correctional employees assault crimes expansion. 5/10/2004 185 1936 1671* Assisted living facilities under housing with services establishments law. 5/10/2004 186 2537 2365* Adverse health care events reporting requirements modified. 5/10/2004 187 1896 1716* Itasca and Hennepin counties hospital construction moratorium exceptions. 5/10/2004 188 2035 1946* Extended employment pilot project; vocational rehabilitation program additional funding. 5/13/2004 189 2098 2453* Oxygenated gasoline requirements modified. 5/12/2004 190 1425* 1414 Money judgment stays of execution regulated and bond amounts limited. 5/13/2004 191 2442 2437* Farm product liens and financing statements regulations modified. 5/13/2004 192 1216 1192* Driver’s license and ID card applicants info. transmission for selective service registration. 5/13/2004 193 2987 2065* Local government unit tort liability immunity for limited partnerships. 5/13/2004 194 1754 1604* Planned nursing facility closures required to be budget neutral. 5/13/2004

Tuesday, May 11 HF3202—Seifert (R) Health & Human Services Finance ILL INTRODUCTIONS HF3197—Kahn (DFL) Board on Aging required to obtain legislative approval ★ ★ ★ Environment & Natural Resources Policy before changing intrastate funding formulas. Great Lakes; governor requested by resolution to in- B HF3203—Seagren (R) M AY 7 - M AY 13, 2004 clude the Great Lakes and Lake Superior in providing comments on federal ocean policy report. Taxes HOUSE FILES 3193 - 3207 Local government aid accounts established, funding HF3198—Mariani (DFL) allocated, and funding mechanisms modified for ex- Education Policy isting transit aid funds and the city local government Friday, May 7 No Child Left Behind Act waiver from ineffective aid program. provisions requested, report required on policies and HF3193—Abeler (R) programs to supplement the positive effects of the act HF3204—Vandeveer (R) Health & Human Services Finance relating to achievement and accountability, and money Transportation Finance Minnesota Family Investment Program consolidated appropriated. Motor fuel taxes; Congress memorialized by resolu- fund modified. tion to dedicate certain revenue from motor fuel taxes HF3194—Westrom (R) Wednesday, May 12 to highway purposes. Judiciary Policy & Finance HF3205—Vandeveer (R) HF3199—Larson (DFL) Supreme Court forms required to be available in elec- Transportation Finance tronic format, court submissions in civil and criminal Governmental Operations & Veterans Affairs Policy Highway funding; Congress memorialized by resolu- cases required in electronic format, public database stor- tion to provide for distribution of federal assistance to State gaming board established and authorized to age required, and money appropriated. the states for highways and transit as block grants operate a casino in the metropolitan area, and consti- rather than through categorical assistance programs. HF3195—Latz (DFL) tutional amendment proposed. Taxes HF3206—Stang (R) HF3200—Buesgens (R) Tax preparers required to notify clients of the non- Judiciary Policy & Finance game wildlife checkoff. Governmental Operations & Veterans Affairs Policy Carbon monoxide alarms required in all dwellings, and criminal penalties imposed. HF3196—Borrell (R) Legislative sessions limited to odd-numbered years. Education Finance HF3207—Mullery (DFL) Independent School District No. 728, Elk River, di- Thursday, May 13 Judiciary Policy & Finance vided into two separate school districts. Safety; Legislature required to expend all funds and HF3201—Clark (DFL) provide by law for the equal safety of all persons, and Health & Human Services Finance constitutional amendment proposed. Women, infants, and children (WIC) coupons use allowed to purchase organic food. Session Weekly 23 MINNESOTA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION SERVICES OFFICE 175 STATE OFFICE BUILDING ST. P AUL, M INNESOTA 55155-1298

SPEAKER OF THE HOUSE: STEVE SVIGGUM MAJORITY LEADER: ERIK PAULSEN MINORITY LEADER: MATT ENTENZA

INNESOTA M INDEX FOR MORE INFORMATION For general information, call: Caps and gowns House Information Office (651) 296-2146 or Minnesota public high school graduates in 2003 ...... 59,432 1-800-657-3550 Number of Hispanic graduates ...... 2,699 African American ...... 2,495 To obtain a copy of a bill, call: Asian Pacific Islander ...... 1,139 Chief Clerk’s Office American Indian ...... 736 (651) 296-2314 Estimated public high school graduation rate in 2003, as a percent ...... 84.4 To find out about bill introductions or State rank ...... 3 the status of a specific bill, call: Percentage of top ranked state (New Jersey) ...... 89.3 House Index Office National rate in 2003 ...... 67.2 (651) 296-6646 Percent of Minnesotans age 25 and older in 2002 with a high school diploma ..... 92.2 For an after hours recorded message National rank (tie with Alaska) ...... 1 giving committee meeting times and National average in 2002 ...... 84.1 agendas, call: Percent in lowest ranked state (Texas) ...... 78.1 Committee Hotline Minnesota public high school graduates in 2001 ...... 56,581 (651) 296-9283 Percent increase in number of graduates from 1997 to 2001 ...... 17.4 The House of Representatives can be National increase, as percent, from 1997 to 2001 ...... 8.9 reached on the World Wide Web at: Projected Minnesota public high school graduates in 2012 ...... 55,830 http://www.house.mn Projected decrease, as percent, in number of state high school graduates from 2000 to 2012 ...... 2.7 Teletypewriter for the hearing impaired. To ask questions or leave messages, call: Projected increase nationally, as percent ...... 9.2 TTY Line (651) 296-9896 or Students in grades 7-12 who dropped out of Minnesota public schools in 2003 ..... 11,007 1-800-657-3550 As percentage of students enrolled ...... 2.6 Number of dropouts that were white...... 6,150 Check your local listings to watch House Number of dropouts that were minorities...... 4,857 committee and floor sessions on TV. Minnesota high school dropout rank nationally in 2000 ...... 19 Percent of 2002 Minnesota high school graduates enrolled in a post-secondary institution ...... 64 Of those, percentage who attended a Minnesota post-secondary institution ...... 49 Senate Information (651) 296-0504 Students, as percent, who started in 1996 at a Minnesota private college or 1-888-234-1112 university and graduated with a bachelor’s degree or less within six years ...... 69 Percent at University of Minnesota ...... 51 Senate Index (651) 296-5560 Percent at a Minnesota State Colleges and Universities institution ...... 45 Percent of athletes entering the University of Minnesota from 1994-97 that earned a degree within six years...... 63 Big Ten rank ...... 8 This document can be made available in alternative Sources: Minnesota Department of Education; Minnesota Higher Education Services Office; Edu- formats to individuals with disabilities by calling cation State Rankings, 2003-2004, Morgan Quitno Press; National Education Association; National (651) 296-2146 voice, (651) 296-9896 TTY, or Collegiate Athletic Association; Lansing State Journal. (800) 657-3550 toll free voice and TTY.

24 May 14, 2004