SESSION WEEKLY A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 26, NUMBER 18 • MAY 8, 2009

Sl a p s h o t s a n d b u d g e t -c h o p s Co n f e r r i n g a c o m p r o m i s e Tr a c k i n g n e w l a w s Br a n d o n ’s l a w is l a w HF2362 - HF2372 SESSION WEEKLY

Session Weekly is a nonpartisan publication of Minnesota House of Representatives Public Information Services. During the 2009-2010 Legislative Session, each issue reports House action between Thursdays of each week, lists bill introductions and provides other information. No fee. To subscribe, contact: Minnesota House of Representatives c o n t e n t s Public Information Services 175 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. HIGHLIGHTS St. Paul, MN 55155-1298 Agriculture • 5 Employment • 8 Local Government • 11 651-296-2146 or 800-657-3550 or the Bonding • 6 Environment • 8 Military • 12 Minnesota Relay service at 711 or Business • 6 Health • 9 Safety • 12 800-627-3529 (TTY) www.house.mn/hinfo/subscribesw.asp Consumers • 6 Housing • 10 Taxes • 13 Crime • 6 Insurance • 10 Technology • 13 Education • 7 Director Barry LaGrave Editor/Assistant Director Lee Ann Schutz BILL INTRODUCTIONS (HF2362-HF2372) • 23 Assistant Editor Mike Cook Art & Production Coordinator FEATURES Paul Battaglia Fi r s t Re a d i n g : Conference committees have sometimes unpopular Writers task to compromise • 3-4 Kris Berggren, Nick Busse, Susan Hegarty, Sonja Hegman, Patty Ostberg At Is s u e : Hockey controversy takes center ice in jobs bill • 14-15

Chief Photographer At Is s u e : Transportation bill includes short-term transit funding fix • 16-17 Tom Olmscheid At Is s u e : Legacy bill moves to floor • 18 Photographers Nicki Gordon, Andrew VonBank At Is s u e : Funding environment and energy •19

Staff Assistants Re s o u r c e s : Tracking bills is a mouse-click away • 20 Christy Novak, Joan Bosard Re s o u r c e s : Governor’s log of action on bills • 22

Session Weekly (ISSN 1049-8176) is published Mi n n e s o t a In d e x : Reel economy • 24 weekly during the legislative session by Minnesota House of Representatives Public Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. POSTMASTER: Send address changes to Session Weekly, House Public Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298.

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On the cover: The Taxes Conference Committee meets May 2. ­— Photo by: Tom Olmscheid FIRST READING

Hammering out an agreement Conference committees have sometimes unpopular task of compromise

p h o t o b y t o m o lm s c h e i d Members of the capital investment conference committee listen to Finance Commissioner Tom Hanson explain Gov. Tim Pawlenty’s position on the House and Senate bonding proposal April 27.

By Le e An n Sc h u t z and the governor have been the norm. But ven though House and Senate majorities are this year, there are some efforts to bring transparency and negotiation power back to from the same political party, it doesn’t mean the conference committees. agendas are similar or they agree on how things Rep. Gene Pelowski Jr. (DFL-Winona) led a E two-year effort to make state government more should be done. Just like a family, differences can accessible and open to the public. He saw some cause angst and stand in the way of compromise. fruits of his labor this year with adoption of some recommendations into the House Rules, which govern the way the House operates, Take for example how the House and Senate Public’s work in public including more negotiations being completed in public on at least some finance bills. DFL differ in their proposals to balance the A bill’s path to law isn’t smooth, nor is it “Both the House and Senate have made 2010-2011 biennial budget and dig the state meant to be. Let’s say that a bill passes the changes to allow every aspect of the conference out of a $4.6 billion hole. These differences House and the Senate agrees with most of committee process to be done in full view of filter down to the various finance committees the language, but wants to include other the public, Pelowski said.” However, there are and the bills passed to fund the various state provisions. Conference committees are the still problems with amendments being offered agencies and programs. mechanism in the legislative process for on the House floor that were never introduced If a piece of legislation has any chance of reaching compromise. as a bill or heard in committee, he said. making it to the last stop, the governor’s desk, Some longtime House members have The new changes aren’t lost on Rep. Mary the House and Senate have to agree on what’s been frustrated with process transparency, Ellen Otremba (DFL-Long Prairie), who being sent. especially during the last days of session when Bring on a conference committee. closed-door negotiations between leadership First Reading continued on page 4

May 8, 2009 Session Weekly 3 First Reading continued from page 3 Besides, he added, “the House K-12 bill is just plain better. By any objective measurement CONFERENCE COMMITTEES has served on several agriculture-related the House bill is clearly superior.” Excerpts from the Joint Rules of the Senate and conference committees in her seven terms. “It Garofalo smiled when asked if he and other House of Representatives feels different this year,” she said. As a member members had a specific role to play at the of the omnibus agriculture and veterans In all cases of disagreement between the table. finance conference committee, she said that Senate and House on amendments adopted “Every member of every team has their by either house to a bill, memorial or resolu- in the past, the spending targets were pretty own strengths and weaknesses,” he said. tion passed by the other house, a conference much carved in stone. But this year, given “The strength the House team has is that committee consisting of not less than three room to negotiate, “We really talked about the we universally despise the Senate bill. It members nor more than five members from issues; there was a lot more transparency.” each house may be requested by either house. transcends political party and geography.” The other house shall appoint a similar commit- But for some members, the process of tee. Creating the team conferring bills can be a frustrating because The manner of procedure shall be as There’s no formula used by House leadership they are forced to watch months of their follows: in the conference committee appointment hard work being scrutinized, challenged • The house of origin passes a bill and trans- process. However, House Speaker Margaret mits it to the other body; and sometimes sacrificed for the sake of • If the other body amends and passes the bill, Anderson Kelliher (DFL-Mpls) says that it compromise. it returns with a record of its actions to the certainly “shouldn’t take a member six years “You feel like now we’ve finally got a house of origin; before they get their chance to serve on a position we can all live with, and then you • If the house of origin refuses to concur with conference committee, like it did me.” have to turn around and try to defend that the amended bill, it can ask for a Conference She takes recommendations from the Committee, appoint members and transmit position against someone else who’s come to the bill with a record of its action to the other committee chairs, but looks for people who an equally solidified view of their side,” said house; are familiar with the issues, served on the Rep. Mike Obermueller (DFL-Eagan). • If the other house adheres to its amendment, committee and support the bill. But “extra Obermueller, a freshman lawmaker, it appoints a like committee and returns the factors” can come into play. Take, for example, participated as a non-voting member of the bill to the house of origin. the appointment of House Minority Leader omnibus economic development finance All Conference Committees shall be open to the public. As much as practical, meetings Marty Seifert (R-Marshall) to the taxes conference committee of Conference Committees are announced as conference committee. Rep. Karen Clark (DFL-Mpls), who sat on far in advance as possible, with the intent to “I got put on the conference committee the same conference committee, and provide a 24-hour notice, and actions taken under duress,” Seifert said. chairs the House division responsible for shall be agreed upon in an open meeting. At He has been adamantly opposed to the setting the Housing Finance Agency’s budget, an agreed upon hour the Conference Com- proposed tax bill and has often referred to mittee shall meet. The members from each saw much of her hard work erased, as conferees house shall state to the members from the his new position as one on the “tax increase agreed to force the agency to take budget cuts other house, orally or in writing, the reason for conference committee.” that Clark had tried hard to prevent. their respective positions. The members shall Kelliher defends her choice and said he We had funded affordable housing much confer thereon. A conference committee may clearly understands the issues, as well as more adequately in the House bill,” Clark said. not meet between the hours of midnight and the governor’s position. “He is an excellent 7 a.m., except that a committee may extend a “The fact that they cut housing was very hard meeting for up to one hour past midnight by a communicator and is the best person to bring for me to take.” vote of two-thirds of the members appointed an understanding to his caucus.” to the committee by each house. The chair shall This year, a sixth person was appointed to New role for old commission rotate between the Senate and the House of each of the major conference committees — Representatives at least every calendar day, Kelliher has been a major advocate for it could be a person serving their first term. Sundays and holidays exempted. The confer- transparency, and has used the Legislative ees shall report to their respective houses the Although they have no voting privileges, it Commission on Planning and Fiscal Policy agreement they have reached, or, if none, the allows them a chance to get familiar with the as the portal for helping to take the mystery fact of a disagreement. process, Kelliher said. If an agreement is reported, the house of out of fiscal negotiations. origin shall act first upon the report. With at least weekly public meetings — If the report is adopted and repassed as Taking ownership in the bill and now daily, as the adjournment gets amended by the Conference Committee by For many House minority members on a closer — Senate and House leadership along the house of origin, the report, the bill and a conference committee, it can be a time to lay with the governor’s chief negotiator, Finance record of its action shall be transmitted to the party affiliation aside and take ownership in the Commissioner Tom Hanson, have been other house. bill language the member is charged to confer. explaining terminology, digging through and Rep. Pat Garofalo (R-Farmington) is a first- comparing numbers, and at times, gotten into time conferee, and has been appointed to the gritty give-and-take. He cautions about the too often negative omnibus E-12 education finance conference Kelliher has said that fiscal transparency consequences of “closed door deal-making,” committee. will help the public understand the tough and that pressure needs to continue for “The House has a great team,” he said, decisions lawmakers must make. an open process. “It will need constant referring to members and staff. “We’ve Pelowski hedged, however, “Session is not monitoring and improvement. Without it, got some really smart people with a strong over, so it is too early to predict if the push to three people in the governor’s office will be understanding of school finance. That’s a big have the public participation and understand deciding issues with no public input.” asset in terms of negotiating House versus the positions of the House, Senate and governor Senate positions moving forward in the will continue to the end of session.” Se s s i o n We e k l y s t a ff e r s Ni c k Bu s s e , Kr i s Be r g g r e n , Su s a n conference process.” He g a r t y a n d So n j a He g m a n c o n t r i b u t e d t o t h i s a r t i c l e .

4 Session Weekly May 8, 2009 HIGHLIGHTS APRIL 30 - MAY 7, 2009

omnibus health and human services finance million and the Senate’s position was Editor’s note: The following Highlights are bill, sponsored by Rep. Thomas Huntley $251.9 million. The bill is projected to come coverage of select bills heard in House com- (DFL-Duluth) and Sen. Linda Berglin (DFL- in at approximately $250.5 million. mittees and other House activities held April 30-May 7. Designations used in Highlight Mpls). Agreed upon provisions include: summaries: HF-House File; SF-Senate File; CH- Juhnke said the omnibus bill can’t be closed • changes to the noxious weed law; Chapter; and *- the bill version considered by until the issues are resolved with Berglin, and • a biennial delay in ethanol producer the House or the bill language signed by the that they are holding discussions; however, no payments to be made up in deficiency governor. meeting of the conference committee has been payments at a later date; scheduled. House Speaker Margaret Anderson • an increase in Rural Finance Authority loan AGRICULTURE Kelliher (DFL-Mpls), said May 6 there is also amounts; a problem with a proposal for a new veterans • using a portion of the unallocated money mental health facility in Kandiyohi County. in the state’s G.I. bill for other purposes; Conference action at standstill Some House members think any siting of • changes to the veterans preference law, After agreeing to approximately $11.8 a new veterans home should have further including the right to an interview; million in cuts May 1, House and Senate study. • an extension of the sunset on campus conferees still had not signed off on the The finance bill would cover 2010-2011 veteran representative program to omnibus agriculture and veterans finance bill biennial funding for the Veterans Affairs, June 20, 2013, and nearly a week later. Military Affairs and Agriculture departments, • some funding for the governor’s Ag21 Rep. Al Juhnke (DFL-Willmar) said the Board of Animal Health and the investment program.

HF1122, which he sponsors, contains the Agricultural Utilization Research Institute. — L. Sc h u t z necessary financing provisions for the state’s One of the smaller General Fund spending To find out who represents you at the Capitol . . . five veterans homes, but SF1779, sponsored categories, the governor’s funding request is Call House Public Information Services by Sen. Jim Vickerman (DFL-Tracy), does $266.4 million and coming into conference at 651-296-2146 or 800-657-3550 not. The homes funding is positioned in the committee, the House proposal was $248.39

Ma k i n g h i s p o i n t

p h o t o b y t o m o lm s c h e i d Gov. Tim Pawlenty’s arm is silhouetted as he points at the Capitol May 2 while telling a tax cut rally that he will veto any tax increases that legislators include in their budget-balancing proposals.

May 8, 2009 Session Weekly 5 Bonding for various disaster relief including help for Consumers flood loss and economic development. The flood proposal is a major piece of the Bonding update negotitions in the capital investment bill. Selling safer baby bottles

The House and Senate are moving closer — S. He g m a n Health-conscious parents of babies and to an agreement on what to bond for capital young children may be able to cross one investment this year. Business product off their no-buy list, depending on “All I care is that the bill is signed and the governor’s stroke of a pen. Baby bottles the language is workable,” said Rep. Alice and sippy cups containing the chemical Hausman (DFL-St. Paul). Helping car dealers move on Bisphenol-A, or BPA, could be off Minnesota The current House proposal offers $90 The precarious economic store shelves within two years. Signed situation for U.S. auto million for asset preservation, $58 million by HF326/SF247*, sponsored by Rep. Karen manufacturers is affecting local for “shovel ready” projects and $94 million the Clark (DFL-Mpls) and Sen. Sandy Rummel for rehabilitation, renovation and flood governor car dealerships not only in lower (DFL-White Bear Lake), would ban Minnesota mitigation. sales, but through contracts they manufacturers from selling cups and bottles HF855*/SF781, sponsored by Hausman and have with the model supplier. intended for use by children age 3 or younger Sen. Keith Langseth (DFL-Glyndon), differ by The goal of a new law, according to House that contain BPA after Jan. 1, 2010, and $549,000, the House using General Obligation sponsor, Rep. Joe Atkins (DFL-Inver Grove retailers from selling them after Jan. 1, 2011. bonds for more projects. Heights), “is to help car dealers survive in this The House passed the bill 126-5 May 5. The Both bills contain money for asset difficult time.” Senate approved it 53-8 on April 30. It awaits preservation for several things, including the Signed by Gov. Tim Pawlenty May 6 and action by Gov. Tim Pawlenty. University of Minnesota and Minnesota State effective the next day, the law will help Clark said the bill is “narrowed and focused” Colleges and Universities system. dealerships be adequately compensated if their from its original form that would have banned Bonding for other projects includes: franchise is affected by actions of the vehicle the chemical more broadly in other products • $24 million in both bills for the Bell Museum manufacturer. intended for or used by children. She credited at the University of Minnesota; The law will: Rep. Kurt Zellers (R-Maple Grove) with • $50 million in the Senate versus the House’s • require successor manufacturers to offer ex- helping to garner bipartisan support. He, in $53.8 million for flood mitigation grants; isting dealers a franchise on similar terms turn, thanked Clark for listening to “peer- • $22.8 million in the House bill for the Metro- as the predecessor; tested, peer-reviewed” research in honing the politan Council versus $23.7 million from • have the manufacturer recognize “blue sky” bill’s scope. the Senate; and and compensate the terminated dealer for Lindsay Dahl, policy and media coordinator • $2.5 million for national solar testing certifi- the value of the franchise over and above with the Healthy Legacy Program of the cation laboratories in both proposals. the physical assets; and Institute for Agriculture and Trade Policy, Also working though the process • allow the dealer to add another line-make to said in committee that numerous research and presented during the conference their existing facility. studies have found BPA to be a carcinogen committee May 6 was a disaster relief Sen. Kevin Dahle (DFL-Northfield) is the and endocrine disruptor. The chemical is bill HF2347/SF2113, sponsored by Rep. Senate sponsor. widely used in consumer products such as Morrie Lanning (R-Moorhead) and HF1717/SF1711*/CH34 eyeglasses, sports helmets, electronic toys and Langseth, with the House proposal as — L. Sc h u t z lining for beverage or liquid cans. Its use in $17.7 million and the Senate at $57.3 million, baby products is banned in Canada, and 14 other states are looking at banning it.

— K. Be r g g r e n

Crime

Vulnerable, elderly adult protection House approval was given to a bill that would help some vulnerable adults. Sponsored by Rep. Debra Hilstrom (DFL- Brooklyn Center) and Sen. Mee Moua (DFL- St. Paul), HF818*/SF758 would make various statutory changes relating to investigations and crimes for maltreatment or financial exploitation of vulnerable adults. Hilstrom said a working group of 52 agencies, entities and organizations were involved in the bill’s creation. The bill was approved 131-0 by the House p h o t o b y t o m o lm s c h e i d May 6 and sent to the Senate. Rep. Alice Hausman, left, and Sen. Keith Langseth, co-chairs of the capital investment conference The legislation intends to help people like Committee, ask questions of Finance Commissioner Tom Hanson during an April 27 hearing. a 92-year-old St. Paul man whose case was

6 Session Weekly May 8, 2009 Re m e m b e r i n g Fo r g o t t e n Ch i l d r e n

p h o t o b y t o m o lm s c h e i d Valerie Pruitt, a recruit volunteer who finds guardians for children going into foster homes, pushes a cutout of the 185 foster children into the lawn on the Capitol Mall May 4 during the CASA Minnesota’s Forgotten Children rally. Each cutout illustrates the number of children that enter foster care in one week in Minnesota. referenced during the committee process. A exploitation would be granted immunity from Conferees, however, are moving toward neighbor befriended him when he became frail legal liability. some policy agreements. The Senate submitted and bilked him out of almost $200,000. The It also creates a 20-year felony for conviction a policy offer May 6 indicating it would woman put his home on the market without of financial exploitation of a vulnerable adult accept some House proposals allowing his knowledge, put an ad in the newspaper for when the stolen amount exceeds $35,000 and districts to authorize site-governed schools, a rummage sale of his belongings and left him removes the consent defense, where the victim approving special education reforms on to sit in a chair all day. lacks the capacity to consent. restrictive procedures and expanding the P-20 She was ultimately sentenced to probation “We want to make it certain that we are able partnership to include four members of the and repayment of funds. to prosecute those that prey upon our vulnerable Legislature. “The Vulnerable Adults Act has shown us adults and to make certain we take care of them No action was taken on the offer pending that victims can be of any age,” Hilstrom said. in their time of need,” Hilstrom said. House members’ consideration of other Senate

“According to a recent Met Life mature market — M. Co o k proposals such as allowing the St. Cloud school study, it estimates that older Americans district to continue to receive Q Comp revenue lose about $2.6 billion a year. Now that our Education despite repeated warnings by the education economy is in a downturn, we anticipate that commissioner that it is out of compliance with vulnerable adults will be more at risk.” its agreement; adding physical education to The bill makes it easier to investigate E-12 conferees talk without target state academic standards; and, an alternative and prosecute unscrupulous individuals Although the E-12 education conference teacher training program for nontraditional by clearing up definitions of financial committee still lacks a budget target, conferees candidates seeking a two-year temporary exploitation; extending the statute of are “not stalled at all,” Rep. Mindy Greiling licensure. limitations for criminal financial exploitation (DFL-Roseville) said May 6. Another difference is in the bodies’ shared from three to five years because no problem “The House has not agreed with the Senate services proposals. House conferees don’t may be realized until bills are not getting to split the difference” between the two support the Senate idea to mandate that paid; and any business or financial institution omnibus bills, said Greiling, chairwoman of districts work with a consultant who would that acts on good faith in telling authorities the House K-12 Education Finance Division. be paid up to 5 percent of any savings about suspected maltreatment or financial The difference in the proposed appropriations garnered from sharing services or cooperative is about $500 million.

May 8, 2009 Session Weekly 7 purchasing. Instead, they prefer a plan Employment Edina) and Sen. Ken Kelash (DFL-Mpls), whereby the state auditor would create a HF1539/SF640* would apply to temporary Web site to congregate existing best practices drawdowns, not permanent ones, and is from districts or regional cooperatives, which Garnishment modifications/remedies intended for small and shallow lakes that would cost $11,000 to set up and $4,000 a year A new law aims to make the become overgrown with non-native plants and Signed to maintain. garnishment process more fair fish, such as curly-leaf pondweed, Rosenthal by and useful to creditors and House members also resist the Senate’s the said. Typically the reduction in water levels proposed 12-hour per week requirement for governor debtors. lasts for a couple of months in the fall. school readiness programs. Members agree Sponsored by Rep. Debra The drawdown method is preferred by some with research indicating at-risk students Hilstrom (DFL-Brooklyn municipalities in place of using chemicals to benefit most from high quality early learning Center) and Sen. Linda Scheid (DFL-Brooklyn remove the invasive species. programs they attend at least 12 hours a week, Park), the law is the product of three years A few members expressed concern for but say some programs would be forced to of negotiations between creditors, legal aid property owner rights. The bill requires that cut students if required to expand hours. The representatives and financial institutions. It the commissioner of natural resources make Senate would allow districts to levy for the modifies the timeline and forms required to findings of fact that the drawdown is in the expansion. Assistant Education Commissioner be served related to certain exemptions that public interest and hold public hearings.

Karen Klinzing suggested at the committee’s may be claimed by a judgment debtor. — S. He g a r t y May 5 hearing the possibility that sites be Signed May 1 by Gov. Tim Pawlenty, it takes required to offer 12-hour per week programs effect Aug. 1, 2009. Electronic-waste bill passes but permit some students to attend fewer hours “The primary focus of the (law) is to make Modifications to the Electronics Recycling if parents prefer or can’t afford more. sure that the debtors who have exemptions Act were approved 112-19 by the House May A number of differences remain unresolved that are released from garnishment process 5 and will now be sent to the governor. including state academic standards, student have access to their funds as quickly as Sponsored by Rep. Brita Sailer (DFL-Park assessments and Other Post Employment possible,” Hilstrom said. “This is in the best Rapids) and Sen. Linda Higgins (DFL-Mpls), Benefit measures, as well as significant interest of the debtor, but also the creditor and HF1648/SF1486* was passed 65-0 by the changes to the education finance formula. The the banks so that they are not pursuing funds Senate April 7. Senate offers a consolidated levy that would that are not to be collected.” When the act began in 2007, 11.6 tons of replace three existing levies with a statewide To do this, the mainly technical law: electronic waste was diverted from landfills average rate based on adjusted net tax capacity, • ensures that debtors get clear and proper because manufacturers of electronic products, which would raise some property taxpayers’ notice prior to garnishment, including a such as computers, televisions and other burden but lower others. The House proposes second notice after the service of the sum- electronic video devices, were required to the “new Minnesota Miracle,” which would mons explaining what they must do before collect the waste for recycling. Manufacturers simplify the education funding formula, their wages are garnished; received credits toward an annual goal of including eliminating the property tax levy • simplifies the exemptions claim process for retracting 60 percent of equal amounts that as part of that formula in favor of state aid. all parties, including updating necessary they sold the previous year. Although Greiling and Sen. LeRoy Stumpf forms to put them into more plain Public collection events were so successful, (DFL-Plummer), conference committee co- language; and the retailers and manufacturers earned chairs and sponsors of HF2/SF1328, have • eases the process for people to protect exempt enough recycling credits to last up to three met with Gov. Tim Pawlenty to negotiate, funds. years. To avoid the possibility that some the governor indicated his disappointment All parties that worked on the law asked manufacturers could stop collections until with several House and Senate positions in a Hilstrom to read the following message on the they run out of credits, the bill proposes minor May 4 letter. House floor: “This bill updates the exemption changes to the law. For example, the House doesn’t support making changes that reflect their current It removes a three-year cap for when the governor’s desire to mandate Q Comp names and deleting obsolete old ones. These manufacturers must use their credits but it statewide by fiscal year 2011 at a cost of about changes are not meant to change existing law, limits their ability to apply past credits to just $41 million that year, followed by $53 million nor are they intended to impact current or 25 percent per year. and $55 million, respectively, in fiscal years future case law.” Between July 1, 2007 and June 30, 2008, an 2012 and 2013, nor his “pay for performance HF334*/SF683/CH31 estimated 6.3 pounds of electronic waste per plan” linking extra district funding to student — M. Co o k Minnesotan was collected for recycling. test performance, which would cost about — S. He g a r t y $90 million in the next biennium and $101 Environment million the following biennium. The letter River board reorganization passes said he considers these “critical” to the bill’s Heading to the governor is a bill to Percent change for lake drawdowns chance of becoming law. reorganize the Minnesota River Joint Powers Government agencies that want to drawdown The House bill also excludes the governor’s Board in southern Minnesota. lake water to control invasive species would “Teaching Transformation Act” in favor of Sponsored by Rep. Terry Morrow (DFL-St. only need 75 percent of the lakefront owners to a proposal to enhance teacher professional Peter) and Sen. Dennis Frederickson (R-New agree to the method, instead of the unanimous development. Pawlenty warned in the letter Ulm), HF955/SF275* would rename the approval currently required, according to a bill that these provisions are “critical,” and failure board the Minnesota River Board and make a passed by the House 120-12 May 4. Passed by to include them in the final bill “will jeopardize number of changes to its purpose, duties and the Senate one day later 60-0, it now awaits the likelihood of the bill’s success.” membership structure. House approval came action by Gov. Tim Pawlenty. — K. Be r g g r e n May 5 on a 118-13 vote. The Senate passed the Sponsored by Rep. Paul Rosenthal (DFL- 8 Session Weekly May 8, 2009 Fa s t r e l i e f ?

p h o t o b y t o m o lm s c h e i d Taxes conference committee chairs Rep. Ann Lenczewski and Sen. Tom Bakk talk prior to the May 1 meeting. A bottle of Budget Proposal Heartburn Caplets sat at each member’s position around the conference committee table. bill 63-0 on March 26. containing a subsurface water treatment system and the establishment of a working group Comprised of representatives from the 12 is sold, the seller would have to disclose to to study nursing staffing levels when adverse major watersheds in the area, the joint powers the buyer information relative to the health care events occur. board was established in 1995 to improve and compliance status of the treatment system, The bill now goes to the Senate, where Sen. protect water quality in the Minnesota River and whether a straight-pipe system exists. If Tony Lourey (DFL-Kerrick) is the sponsor. basin. Proposed reorganization plans include a previous inspection report exists, a copy Doula services would be defined collaboration with the Water Resource Center would need to be attached to the disclosure as “continuous emotional and physical at Minnesota State University, Mankato and statement. support throughout labor and birth, and the creation of an advisory committee, which Sponsored by Rep. Jeanne Poppe intermittently during the prenatal and must convene prior to Dec. 31, 2009 and (DFL-Austin) and Sen. Lisa Fobbe (DFL- postpartum periods.” serve as a forum for issues the board should Zimmerman), the bill awaits action by the Thissen removed a controversial portion address. Senate floor. that would have exempted the collection of

The board would be required to compile — S. He g a r t y genetic information from newborns from the and submit reports to the Legislature about state’s written informed consent laws. the results and progress of water cleanup Health Rep. Erin Murphy (DFL-St. Paul) efforts within the basin. successfully offered an amendment that would

— S. He g a r t y require health care providers to annually House passes health policy omnibus provide information on certain transactions, Sewage system regulations modified The omnibus health and human services including increased rates paid to providers Technical changes to current laws regarding policy bill was passed 90-42 May 6 by the categorized by subspecialty and primary care, subsurface sewage treatment systems were House. to the human services commissioner. She said passed 99-34 May 4 by the House. Sponsored by Rep. Paul Thissen (DFL- that knowing the exact rates would help in According to HF1275*/SF1449, the Pollution Mpls), HF1760 includes technical changes dealing with rising health care costs. Control Agency would adopt new rules to continuing care for the aging and adult An amendment unsuccessfully offered by pertaining to the closure of sewage treatment services; doula services definition changes; Rep. Steve Gottwalt (R-St. Cloud) would have systems. Also, a system inspection would be modifications to safe patient handling in created a health care coverage program that required before a homeowner could be eligible clinical settings; certain restrictions on those would essentially replace MinnesotaCare. to receive a building permit. If the property who can participate in a clinical drug trial; Gottwalt said the “Healthy Minnesota Plan”

May 8, 2009 Session Weekly 9 would pay providers at commercial rates and point of dispensing in which a business, default plus associated costs, rather than provide better health care for adults currently church or other organization could be a center the entire amount mortgage loan after the on MinnesotaCare. for dispensing drugs to a limited number of foreclosure sale.

While the plan is intriguing and raises people. A closed-point would not be open to — K. Be r g g r e n some interesting questions about current the public. state health care programs, there are still The bill would remove a sunset provision Insurance unanswered financial questions on how to on peace officer’s authority to use force when fund the program, Thissen said. a person resists isolation and quarantine

— P. Os t b e r g required by a court order. Proof of insurance clarifications The health commissioner would be With more contractors and individuals Specialty psychiatric hospital sought authorized to purchase vaccines, antitoxins, seeking proof of insurance from their Imagine having a child needing psychiatric serums, immunizing agents, antibiotics, subcontractors, some changes in law are services, but having to send them hundreds of antivirals, antidotes, other pharmaceutical requested to get all provisions relating to miles away because all the hospital beds near agents and medical supplies. The commissioner certificates of insurance under one statute. your home are full. That is the impetus for a could also request Minnesota Responds Sponsored by Rep. Greg Davids (R-Preston), bill that would allow a specialty psychiatric Medical Reserve Corps health volunteers to HF534 would clarify procedures of the hospital to be built in western Hennepin help in case of emergency. certificate, which is used to prove that a County to serve patients under the age of 21. Rep. Mary Liz Holberg (R-Lakeville) said person has coverage, the type of coverage and HF665/SF615*, sponsored by Rep. Marsha the changes could minimize individual what coverage is in force at the time of the Swails (DFL-Woodbury) and Sen. Yvonne people’s rights and have never been “road certificate. Passed 131-0 by the House May Prettner Solon (DFL-Duluth), would allow tested.” 5, it now goes to the Senate where Sen. Dan for an exception to the hospital moratorium Winkler responded that until the state Skogen (DFL-Hewitt) is the sponsor. by approving the hospital construction of 20 “road tests” the changes, “we’re not going have Clarifications include language that the beds for young patients. any kind of results.” certificate is nothing more than proof of insurance and that the certificate can’t change Passed 117-13 by the House May 5, it awaits — P. Os t b e r g action by Gov. Tim Pawlenty. The Senate the underlying coverage in the policy. The passed the bill 62-0 April 20. Housing bill would also prohibit insurance agents The hospital would be a private initiative from altering certificates to suggest anything by Prairie St. John’s, said Swails. contrary to the policy. Foreclosure accountability As the severe shortage of child and adolescent — L. Sc h u t z beds in the state continues to worsen, the A bill that could help prevent desperate addition of 20 beds would give teens and homeowners from being taken advantage Short-term coverage for unemployed adolescents the inpatient mental health services of by consultants who offer help to avoid Increasing unemployment Signed they need in a time crisis, Swails said. foreclosure but don’t follow through awaits numbers are translating to by Rep. Joyce Peppin (R-Rogers) said the conference committee action. more people losing their health the proposal needs more community input, “What we’re doing is closing some loopholes governor care coverage. However, thanks noting neither she or members of her city in the statute,” said Rep. Joe Mullery (DFL- to funds from the American council were contacted by Prairie St. John’s Mpls), who sponsors HF903/SF708* with Sen. Recovery and Reinvestment Act about the proposal. Allowing a hospital to Lisa Fobbe (DFL-Zimmerman). “It gets at a lot of 2009, some could see their coverage be built without community input “might of the problems with people who say they’re continued and their payments subsidized. make some of your constituents a little going to help people with mortgage problems” Signed May 6 by Gov. Tim Pawlenty, and uncomfortable.” but instead take payment without providing effective the next day, the law will ensure that Rep. Laura Brod (R-New Prague) said, while the services they promise. employers with fewer than 20 people have the the hospital might not be the perfect location, The Senate, which passed the bill 60-4 same benefit as their larger counterparts, under there is a need for those services. March 30, refused to concur with amended terms of Minnesota’s “mini-COBRA” statute. House bill, passed 131-1 May 4. — P. Os t b e r g Qualified employees who have been The bill would modify a 2004 law regulating involuntarily terminated for reasons mortgage foreclosure consultant contracts Isolation and quarantine other than misconduct will see the federal by clarifying that people classified as How the state will mass dispense government provide a 65 percent subsidy mortgage consultants, including originators vaccinations or prescription drugs in the case toward their COBRA premiums for up to of mortgages who negotiate or renegotiate a of a public emergency are defined in a bill now nine months of coverage, while reducing an mortgage and nonprofit agency counselors awaiting signature by Gov. Tim Pawlenty. enrollee’s share of the premium to 35 percent. who work with people at risk of foreclosure, HF1554/SF1462*, sponsored by Rep. Ryan People terminated between Sept. 1, 2008, and may collect a fee only after the services have Winkler (DFL-Golden Valley) and Sen. Feb. 16, 2009, who originally declined COBRA been performed. Yvonne Prettner Solon (DFL-Duluth), was coverage or unenrolled by Feb. 16, will have As amended by the House, the bill would passed 122-8 by the House May 5; 57-6 by the a second chance to accept the coverage now allow an owner of homestead real estate Senate April 30. that the federal subsidy is available. consisting of one to four residential units It would create three dispensing methods: Rep. Joe Atkins (DFL-Inver Grove Heights) to postpone a mortgage foreclosure sale a designated representative of a household and Sen. Linda Scheid (DFL-Brooklyn Park) for five months. That provision would give could pick up prescription drugs or vaccines sponsor the law. the homeowner more time to reinstate the for that household; postal carriers could HF2138/SF1904*/CH33 mortgage loan by paying off the amount in deliver drugs to households; and a closed- — L. Sc h u t z

10 Session Weekly May 8, 2009 Sanitary district dissolution Mi n o r i t y b r i e f i n g The Central Lakes Regional Sanitary District would be allowed to dissolve, under a bill awaiting action by Gov. Tim Pawlenty. Established in 2003, the district was to construct a wastewater collection system spanning several townships in north-central Minnesota; however, it ran into a number of problems, including opposition from residents. It now plans to dissolve. Rep. Torrey Westrom (R-Elbow Lake) said HF1501/SF1489* would clarify statutes so that the district has a “path to dissolution.” He said the townships’ residents and local leaders support the bill. The House passed the bill 131-0 on May 5; the Senate passed it 61-0 on April 30. Westrom and Sen. Bill Ingebrigtsen (R-Alexandria) are the sponsors.

— N. Bu s s e

Shoreland regulation changes A bill that lawmakers hope will give some comfort to property owners who have spent years battling the Department of Natural Resources and local governments on the issue of shoreland regulations was passed by the House 130-0 on May 5. Sponsored by Rep. Michael Nelson (DFL- Brooklyn Park), HF519 seeks to address the longstanding problem of DNR shoreland rules preventing property owners of legal nonconforming lots from selling or otherwise using their land as they see fit. Nelson explained the problem by giving the example of a property owner on a lake who purchases a cabin on the lot next to him. DNR rules currently prohibit that property owner from selling the property he acquired, Nelson said. “There’s people out there who inadvertently bought the lot next to them on the lakeshore, and found out now that they can’t sell it. Or, p h o t o b y t o m o lm s c h e i d they bought it for investment purposes, and House Minority Leader Marty Seifert talks with the press after the now they can’t sell it,” he said, explaining that House Republican Caucus met with Gov. Tim Pawlenty May 4 to discuss the bill would remedy the situation. legislation. The bill’s language is based on a compromise reached last year by a working group comprised of DNR officials, realtors, builders and local Local Government own rules. The bill would change state law governments. to conform to internal rule changes recently Rep. Torrey Westrom (R-Elbow Lake), who adopted by the county. has sponsored similar bills in the past, said he Hennepin County rule changes Under the bill’s provisions, department was “glad to see some progress” on the issue. Hennepin County would be allowed to directors and the county human resources “I think there are scenarios we’re still going streamline its human resources policies, director would be given more discretion to set to find this doesn’t cover, but it’s a very good under a bill awaiting gubernatorial action. policies regarding the length of probationary step forward,” Westrom said. Sponsored by Rep. Kurt Zellers (R-Maple periods, compensation plans and non- Rep. David Dill (DFL-Crane Lake) Grove) and Sen. Ann Rest (DFL-New Hope), disciplinary appeals. Currently, the authority successfully amended the bill to include HF940/SF729* would make technical changes in such matters resides in the county board. protections for landowners in cases where requested by the county. Currently Hennepin The bill was passed as amended 128-4 by the their properties are destroyed and DNR rules County’s human resources policies are House May 4 and repassed 60-1 by the Senate prevent them from rebuilding in their current governed by state laws as well as the county’s May 5. locations. — N. Bu s s e May 8, 2009 Session Weekly 11 The bill now goes to the Senate, where Sen. Pawlenty May 7 expands the state’s missing Under the bill, as long as state drivers Ann Rest (DFL-New Hope) is the sponsor. children’s law to include adults who go with commercial licenses were covered by

— N. Bu s s e missing under dangerous circumstances. It the federal regulations, the state regulations takes effect July 1, 2009. would not apply. Military The law is named after Brandon Swanson, “This relieves the pressure on our whose car got stuck in a ditch near Taunton administration and also keeps in place appeal along the Lincoln and Lyon county line in processes for employees,” Rosenthal said, Power of attorney short form southwest Minnesota on May 14, 2008. As adding that the issue was brought forward by It might become easier for some active his parents were on their way to help, the cell Minnesota Management and Budget. military personnel to give power of attorney. phone connection went dead at 3:10 a.m. He Passed 131-0 by the House on May 6, the Sponsored by Rep. Mike Obermueller hasn’t been heard from since. bill now awaits action by the governor. The (DFL-Eagan) and Sen. Tarryl Clark (DFL-St. Brandon’s parents, Brian and Annette Senate passed it 66-0 on April 24.

Cloud), HF1960*/SF1712 would create a new Swanson, and his sister Jamine were in — N. Bu s s e short form for active duty Minnesota military attendance during the governor’s signing personnel serving outside the state. ceremony. Omnibus policy bill to Pawlenty Approved 131-0 by the House May 5, it The law will require law enforcement to Awaiting action by the governor is an awaits Senate action. take a missing persons report without delay omnibus public safety policy bill that covers “The power of attorney provided in after notification of someone missing under a number of areas. this short form is the same as any other,” dangerous circumstances, no matter the “This bill increases public safety by Obermueller said. “It just gives another tool missing person’s age; immediately conduct a increasing the requirements on predatory for military personnel about to be deployed preliminary investigation to determine if the offenders, it eases the mandates on state outside the state to give power attorney to person is missing, and whether the person is agencies and it provides the needed assistance usually a family member or friend.” It would endangered; and promptly notify all other to local agencies in times of an emergency,” automatically expire when the person is off law enforcement agencies of the situation. It said Rep. Debra Hilstrom (DFL-Brooklyn active duty. clarifies that the agency taking the report be Center), who sponsors HF1301*/SF993 with Obermueller said the greatest difference the lead agency in the investigation. Sen. Mee Moua (DFL-St. Paul). between the current form and that proposed Law enforcement will be required to seek It was approved 130-0 by the House May 5 is accountability. additional information — including DNA and 63-0 by the Senate one day later. “This bill provides that unless the service samples, dental records, X-rays, photographs Hilstrom said 30 bills from House members person thinks otherwise, there’s going to be an and fingerprints — if the missing person is are included in the omnibus package. accounting of the money spent or used by the not found within 30 days. Rep. Karla Bigham (DFL-Cottage Grove) attorney-in-fact,” Obermueller said. “That is A working group will be convened to create offered three provisions that made the not in current law, although you could always a standardized form for law enforcement to final bill: prohibiting the use of electronic negotiate that or use that point if you wanted use when taking a missing persons report, and devices to sexually solicit children; to have it. This sets it out as a baseline.” to develop “a model policy that incorporates permitting corrections personnel to conduct Rep. Dan Severson (R-Sauk Rapids) standard processes, procedures, and information unannounced searches of computers, or wondered if there are safety measures in the to be provided to interested persons regarding other electronic devices capable of accessing bill so the power of attorney is not abused and developments in a missing person case.” Its work the Internet, used by offenders on intensive future earnings are not put in jeopardy. is to be complete by Sept. 1, 2009. supervised release; and prohibiting someone “If the short form is used, it does prohibit The Jon Francis Foundation has agreed required to register as a predatory offender the power of attorney from transferring to pay the approximate $10,000 cost for from accessing social networking Web sites, money to themselves out of the accounts,” the working group. Francis, a 24-year-old instant messaging and chat room programs. Obermueller said. The attorney-in-fact must Stillwater native, was missing for more than “We are being on the forefront of this, and also report what money was used and for what a year in Idaho’s Sawtooth Mountains before keeping up with technology and protecting purpose. “If you just sign the short form as it his remains were found on July 24, 2007. our citizens,” she said. is would provide that quarterly, but you could The parents of Jon Francis, David and Linda In the area of crime victims, the bill even put it in place, as part of signing off on it Francis, were also at the signing ceremony. increases from 12 to 24 hours the time an as the principal, at weekly, monthly or once a HF1242*/SF1146/CH38 officer may arrest a person who the officer has year, however you want to do it.” — M. Co o k probable cause to believe committed domestic — M. Co o k abuse, expands the ability of judicial districts Drug and alcohol testing to create domestic fatality review teams and Safety A simple change in statute would allow state would require prosecutors to notify victims of workers with commercial driver’s licenses to criminal sexual conduct about civil protection receive their required drug and alcohol testing orders. ‘Brandon’s Law’ is now law from the federal government rather than the Other provisions include: A new law is designed to help Signed state. • businesses that sell over-the-counter meth- find missing and endangered by HF1820/SF1172*, sponsored by Rep. Paul amphetamine precursor drugs would be adults more quickly. the Rosenthal (DFL-Edina) and Sen. Amy Koch required to retain a sale log for three years Sponsored by Rep. Marty governor (R-Buffalo), would extend an exemption on and make it available for inspection by law Seifert (R-Marshall) and Sen. drug and alcohol testing currently applied enforcement at all reasonable times; Dennis Frederickson (R-New to local governments to include the state as • commercial retailers could not sell a toy Ulm), “Brandon’s Law,” signed by Gov. Tim well. designed for children under age 12 that has

12 Session Weekly May 8, 2009 been recalled for safety reasons; Taxes state’s bioscience business development • public employers could not consider an infrastructure program. applicant’s criminal background history The program, run by the Department of prior to an interview; Technical tax changes Employment and Economic Development, • cities could establish a license reinstate- A tax bill not seen as controversial, received allows state General Obligation bonds to ment diversion pilot program for speci- about an hour and half of debate on the House be used for grants to cover capital costs for fied persons charged with driving after a floor on May 7. bioscience-related business facilities. suspension or revocation, but have not yet Passing 120-11 and sponsored by Rep. Ann Currently only local governments are entered a plea; Lenczewski (DFL-Bloomington), HF885 eligible for the grants. The change will address • the state’s trespass law would expand to in- would make technical tax law changes, as issues at Minnesota State University, Mankato clude crossing into or entering any public recommended by the Department of Revenue. and the University of Minnesota Morris. Both or private area lawfully cordoned off by a Some of these changes include extending schools were authorized to receive funding for peace officer; the time for filing estate tax returns; and bioscience projects, only to learn they could • a state policy to eliminate racial, gender and expanding the exclusion of prepared food not accept it because they were not technically ethnic fairness barriers in the courts would and soft drinks from the government and eligible for the program. be set forth; nonprofit sales tax exemptions to alcoholic In addition, the law specifies that local • a court could order an aggravated sentence beverages. A companion, SF681, sponsored governments or institutions receiving grant beyond what is specified in the sentencing by Sen. Tom Bakk (DFL-Cook), awaits Senate money must pay for at least half of the cost guidelines grid based on an aggravating floor action. of the completed project using non-state factor arising from the same course of Nine of the 10 amendments offered were funds. conduct; and not adopted, ranging from including horses The law takes effect Aug. 1, 2009. • the appointment of a working group to re- as livestock in the tax code to offering an HF868/SF684*/CH35

view changes to the state’s laws and policies education credit. — N. Bu s s e on DWI offenders. One amendment offered successfully by — M. Co o k Rep. Kurt Zellers (R-Maple Grove) would Statutory speed limit changes prevent the governor from appointing a Recommendations from a speed limit study Making Safe at Home more secure revenue commissioner who has been convicted are en route to the governor’s office. More safety is sought for the Safe at Home of a criminal violation of a federal or state tax Sponsored by Rep. Peggy Scott (R-Andover) program. or revenue law, who has failed to file a required and Sen. Lisa Fobbe (DFL-Zimmerman), Administered by the Office of the Secretary original individual income tax return within HF1421/SF1467* would make various of State, the address confidentiality program one year of its due date, or who has unpaid modifications and clarifications to statutory aims to provide extra security for the federal, state, or local taxes for a prior taxable speed limits. approximately 226 participants. year when the appointment is announced Amended and approved 126-5 by the House Sponsored by Rep. Steve Simon (DFL-St. to the public. This same amendment was May 5, the Senate concurred with the one- Louis Park) and Sen. Mee Moua (DFL-St. adopted to the House’s federal tax conformity word change and repassed the bill 53-0 one Paul), HF1677*/SF1452 does two things: states bill earlier in the session, but was deleted day later. that sex offenders cannot be in the program, during a conference committee. “In 2007, the Legislature asked (the and it would supersede local ordinances that The House took up HF885 again on the Department of Transportation) to form a require a person to post their name outside floor because of changes made to the bill by task force with some city and county persons of an apartment building where they are the Senate. The Senate passed a delete-all to look over kind of a void in statute that residing. In some buildings, a listing in the amendment for HF885 using the language covers areas that used to be fairly rural, but entryway contains each tenant’s name and of SF681 devoid of numbers. In a 117-0 vote, now have been developed to the point where apartment number. the House did not concur on the change and speed limits in those areas that used to be 55 The bill was approved 131-0 by the House a conference committee was appointed. mph are too fast,” Scott said. May 5, and now awaits Senate action. — S. He g m a n The bill would change the speed limit to 35 “Essentially the Safe at Home program is a mph along rural residential districts where the place where people who are abused or in an Technology homes are spaced 300 feet or less along those abusive relationship or the victims of domestic roads, if adopted by the local road authority. abuse can have a P.O. Box as their address so Scott said the bill has no state cost, and their offender can’t get at them,” Simon said. Bioscience infrastructure grants would have minimal costs to local units of State colleges and universities He said the bill is the result of an agreement Signed government. will be eligible for bioscience between the Minnesota Sheriff’s Association, by The bill also narrows the definition of a business infrastructure grants, the League of Minnesota Cities and other the “residential roadway” and clarifies that an stakeholders. governor under a new law. “urban district” can be on a city street or town “Having been around as secretary of state Signed by Gov. Tim Pawlenty road. May 6, and sponsored by Rep. and initiating the Safe at Home program, and — M. Co o k having bipartisan support, it’s good to see this Tim Mahoney (DFL-St. Paul) and Sen. bill progressing, being improved and also to Kathy Sheran (DFL-Mankato), the law will see it having functioned in the way in which make the University of Minnesota and the If you will be visiting the Capitol in the near future, it was intended,” said Rep. Mary Kiffmeyer Minnesota State Colleges and Universities call the Capitol Historic Site Program at 651-296-2881 to schedule a tour. (R-Big Lake). system eligible to receive money under the

— M. Co o k

May 8, 2009 Session Weekly 13 AT ISSUE: Economic Development

Slapshots and budget-chops Hockey controversy tops off bill that cuts jobs and housing programs

By Ni c k Bu s s e fee paid by Minnesota employers from 0.10 ou might be forgiven for thinking that percent of taxable wages to 0.14 percent for the next biennium. Instead, a compromise was a pair of provisions dealing with ice reached at a 0.12 percent raise — a difference hockey are relatively small items in the of about $15.4 million in revenue, the loss of Y which forced House conferees to accept deeper conference report on SF2081, the omnibus agency budget cuts. economic development finance bill. After all, the The Housing Finance Agency, which the House had tried to hold harmless in bill includes budget cuts for jobs and housing at its budget proposals, would have to take a a time when the state is experiencing a jobs and 3.5 percent cut. Programs facing base reductions include the Housing Challenge Program, the housing crisis — something the bill’s sponsor Homeownership Assistance Fund and the isn’t happy about. Affordable Rental Investment Fund. Rep. Karen Clark (DFL-Mpls), who chairs the House Housing Finance and Policy and Public Health Finance Division, said she felt “terrible” “The story, members, is about cuts. Because Mahoney said, summarizing a common about the cuts, and blames the governor for not that’s what it’s all about this year,” Rep. argument among supporters who believe the letting them raise more revenue. Tom Rukavina (DFL-Virginia) told House Xcel should’ve been paid for with state bonds “The thing about housing is it just returns members on the floor May 5. instead of a loan. back so much to the community,” Clark said. “It But in the debate that followed, the story was St. Paul’s proposed new ice arena wasn’t the was disappointing to not be able to more fully actually all about hockey, as House Republicans only hockey-related provision that drew fire. fund housing as we had in the House bill.” seized on a provision that would forgive nearly As amended by conference committee, the bill Business and workforce development $33 million of a $48 million state loan to St. also includes a Senate-sponsored provision programs funded through the Department Paul for the Xcel Energy Center. that would designate ice of Employment and The city has asked the state to forgive hockey as the official Economic Development the loan to help pay for “The Pond” — a state sport. ‘The story, members, is about also take reductions in the proposed multi-use hockey rink across the “We’re sending a pretty cuts. Because that’s what it’s conference report, to the street from the Xcel. Calling the provision bad message to the rest tune of 3.9 percent. The a “bailout,” House Minority Leader Marty of the athletes … if we’re all about this year.’ increase in the workforce Seifert (R-Marshall) noted that it comes at a making one sport as — Rep. Tom Rukavina development fee should time of record budget deficits for the state. the sport of the state of sustain many current “Go back to your coffee shop, go back to Minnesota,” said Rep. programs; however, one your hardware store like I did in Marshall Bob Dettmer (R-Forest Lake). that did not make the final cut was the wage … and ask people if you think this is an subsidy pilot project proposed by Rukavina and opportune time for us to be forgiving over $30 Painful cuts based on the 1980s-era Minnesota Emergency Employment Development program. A million that’s owed to the state of Minnesota,” In the end, the House voted 74-57 to pass $15 million request for the project was Seifert said. the conference report. Having been approved included in the House language. Supporters defended the provision as an 38-23 the previous day by the Senate, the bill Other budget cuts include: important economic development project. now awaits action by Gov. Tim Pawlenty. • 3.5 percent for Explore Minnesota Rep. Tim Mahoney (DFL-St. Paul), who The conference committee report spends Tourism; sponsored the proposal, noted that St. Paul significantly less than the bill passed 78-50 by • 6.2 percent for the Minnesota Historical would still be required to make its scheduled the House on April 24. During negotiations Society; and loan payments through 2014, leaving no with executive agency staff, it became clear • 16.6 percent for the Board of the Arts. impact on the state’s current budget crisis. that the governor would not sign off on a In all cases, the governor had proposed deeper “St. Paul agreed to a bad deal, and we’re House plan to raise the workforce development back here asking you to fix that bad deal,” cuts — up to 50 percent, in the case of the arts

14 Session Weekly May 8, 2009 p h o t o b y t o m o lm s c h e i d A provision in the omnibus economic development finance bill would allow this parking lot near the Xcel Energy Center in downtown St. Paul to become the future sight of “The Pond,” a proposed multi-use indoor ice arena. The bill would forgive nearly $33 million of an outstanding loan to the city to help finance the project. board. Rukavina said he is not proud of the cuts, The bill would establish an 18-member played a role in the 2004 merging of the Board but that there was no way around them. bipartisan Economic Development Strategy of Barbers with the Cosmetology Division “We cut, we cut, we cut. We can’t create Working Group to of the Commerce jobs when we’re cutting, but we did the best establish an overall Department, said we could,” he said. economic growth ‘Go back to your coffee shop, go back to your the proposal was strategy for the hardware store like I did in Marshall … and d ra f ted at t he Policy state. Made up of request of barbers six senators, six ask people if you think this is an opportune who opposed the A House proposal to strengthen prevailing time for us to be forgiving over $30 million wage requirements for state contractors is House members merger from the included in the conference report with some a nd si x publ ic that’s owed to the state of Minnesota.’ beginning. modified language suggested by the Department members, the — House Minority Leader Marty Seifert A p r o v i s i o n of Labor and Industry. The provisions come group would work sponsored by Rep. from legislation sponsored by Mahoney. under the umbrella Frank Hornstein Also included is a requirement that public of the Legislative (DFL-Mpls) that employers purchase uniforms and safety Coordinating Commission. Mahoney would allow Delta Airlines flight attendants equipment only manufactured in the United sponsors the provision. taking unpaid furloughs as part of their States. Sponsored by Rukavina, the proposal The Board of Barber and Cosmetologist contracts to collect unemployment benefits is would take effect Jan. 1, 2010, or after current Examiners would be split into two separate also included in the conference report. state contracts expire, whichever is later. boards. Rep. Bob Gunther (R-Fairmont), who

Minnesota State Agencies

Administration...... 651-201-2555 Higher Education Services...... 651-642-0567 Metropolitan Council...... 651-602-1000 Agriculture ...... 651-201-6550 800-657-3866 Military Affairs...... 651-268-8919 800-967-2474 Housing Finance Agency...... 651-296-7608 Natural Resources...... 651-296-6157 Commerce...... 651-296-4026 800-657-3769 888-646-6367 Corrections...... 651-361-7200 Human Rights...... 651-296-5663 Pollution Control Agency...... 651-296-6300 Education...... 651-582-8200 800-657-3704 800-657-3864 Employment and Human Services...... 651-431-2000 Public Safety...... 651-201-7000 Economic Development...... 651-259-7114 Iron Range Resources...... 218-744-7400 800-422-0798 800-657-3858 800-765-5043 Revenue...... 651-296-3403 Enterprise Technology...... 651-296-8888 Labor and Industry...... 651-284-5005 Transportation...... 651-296-3000 Explore Minnesota Tourism...... 651-215-9041 800-342-5354 800-657-3774 800-657-3535 Management and Budget...... 651-201-8000 Veterans Affairs...... 651-296-2562 Health...... 651-201-5000 Mediation Services...... 651-649-5421 888-345-0823

May 8, 2009 Session Weekly 15 AT ISSUE: Transportation Finance

Transit funding Helping transit, for now Lieder and Murphy said the big issue was how to fund transit. Lieder said the Transportation bill includes short-term transit funding fix Metropolitan Council — which operates Metro Transit — needs roughly $76 million and Greater Minnesota transit needs $6 million. However, no revenue source exists By Mi k e Co o k to help to that extent. ransit will not come to a screeching halt in Working with the Metropolitan Council, Department of Transportation and the some areas, road construction will not get governor’s office, Lieder said a “reasonable as much state funding, but the state patrol solution” was reached. T Dollars from the motor vehicle sales tax will remain whole. are currently split so that, in fiscal year 2012, 60 percent of revenue will go to highways, 36 percent to Metro Transit and 4 percent for Greater Minnesota Transit. None of that All in all, supporters say HF1309*/SF1276 the County-State Aid Highway Fund and changes, under the bill. is not a bad omnibus transportation finance $275.4 million from the Municipal State-Aid “We’re just changing those percentage bill in these tough economic times. Street Fund. Three smaller accounts make up amounts a little bit so we can put a little bit of Sponsored by Rep. Bernie Lieder (DFL- the remainder. money in Greater Minnesota transit and into Crookston) and Sen. Steve Murphy (DFL-Red The bill contains no property tax increases, metropolitan transit,” Murphy said. Wing), the bill calls for nearly $4.29 billion and the proposed taking of money designed for The proposal calls for Greater Minnesota worth of funding, but just $194.27 million a gas tax credit for low-income Minnesotans is Transit to receive 4.75 percent in fiscal year from the General Fund, a $17.3 million absent. 2010, before dropping back to 4 percent in decrease from the current biennium. More “We did most of what the governor wanted,” future years, while reducing the allocation to than $3.9 billion comes via user-generated said Rep. Frank Hornstein (DFL-Mpls). the highway-user fund by 0.75 percent for one highway funds, including $2.64 billion from “This is a compromise bill. All parties gave a fiscal year, or about $19 million. the trunk highway funds, $1.02 billion from little.” “We’re just going to be taking care of these folks right now,” Murphy said. “Going forward this gap that is happening there, we need to figure out how to take care of that.” Relying on these funds for future transit needs, instead of roads, should be of concern because motor vehicle sales are decreasing, said Sen. Julianne Ortman (R-Chanhassen). “When you sell less cars, there are less revenues for MVST (motor vehicle sales tax) and we’re going to continue to raid those funds and pay for more transit. We’re creating these cycles.” Greater Minnesota transit gets help in another pair of ways. In addition to receiving $2.5 million to fill an immediate short-term need by shifting money from future years to fill a fiscal year 2009 operating shortfall, state payments for operating procedures are adjusted to allow for additional flexibility so that providers with cash flow issues can receive payments earlier than under the current schedule. p h o t o b y t o m o lm s c h e i d Both the House and Senate proposals Sen. Steve Murphy, left, talks with Rep. Bernie Lieder prior to the May 1 Transportation Finance included a $7.56 million shift to assist all Conference Committee meeting. Greater Minnesota transit providers, but MnDOT took a closer look at all services and

16 Session Weekly May 8, 2009 p h o t o b y t o m o lm s c h e i d The transportation finance conference committee meets May 1. determined just $2.5 million was needed to Conferees took $120 million from its Other provisions meet immediate cash flow needs. “We wanted construction account, $17.25 million in The bill does not contain a Senate proposal to focus on the areas where the need would be infrastructure operations and maintenance, for mandatory seatbelt usage, nor does it the most,” said Deputy Commissioner Khani $13.58 million from infrastructure investment contain a provision from Rep. Tom Rukavina Sahebjam. “That way we were able to take care support, $2.97 million from department (DFL-Virginia) that would have allowed a of those folks that really need the help.” support and $1.19 million from department driver to exceed the speed limit by 10 mph To help Metro Transit, the agency is buildings. when passing another vehicle on a two-lane permitted to transfer in fiscal years 2009, “All the construction people that were in highway. 2010 and 2011 a percentage of money not the room said this is OK because they got A Design-Build Project Selection Council committed to grant or loan awards to $510 million of federal money,” Murphy is created to select, evaluate and support its transit operating budget, from its tax said. “The locals were OK with this, as well, local state-aid projects conducive to the use base revitalization account, metropolitan because a large chunk of that is going to our of design-build contracting method. The livable communities demonstration account local partners to help with city streets, county council will expire the earlier of Oct. 1, 2012, and right-of-way acquisition loan fund, as roads and our township roads.” or upon the completion of nine design-build well as current and future balances in the The state patrol was not touched, something projects. metropolitan livable communities fund. The insisted upon by the governor. MnDOT can authorize $40 million in agency is also expected to receive about $13 “They’re the only ones I think we’ll see in trunk highway bonds for construction million in MVST acceleration. the whole Legislature this year coming out of interchanges to promote economic The bill leaves Metro Transit about $3 with basically not a cut,” said Lieder, who development and a local match for federal million short, but it presumes no price hikes noted the patrol got an increase of roughly grants to the state, split evenly between the or service reductions will be needed in the $7 million with last year’s transportation Twin cities metropolitan area and Greater next year. finance law. “We were assuming they should Minnesota transportation districts. “We will be able to balance the budget feel a little pain, as all the other departments, A $2.25 million increase in airport without a fare increase, but would very much everybody else did.” development grants is authorized for fiscal appreciate we not be precluded from doing a House Minority Leader Marty Seifert year 2010. fare increase given unusual circumstances, (R-Marshall) expressed concern about taking An endowment account is created in the fuel increases, a drop in ridership and the $137 million from road construction and state treasury for operations and maintenance like,” said Peter Bell, the council chair. A maintenance, while accelerating the motor of the Stillwater lift bridge. provision to prohibit fare increases through vehicle sales tax to cover the transit shortfall. MnDOT is provided with powers and fiscal year 2011 was removed by conferees. “That is one area where I feel that priorities authority related to passenger rail, and it can The bill does permit the Metropolitan are misplaced.” create a grant program for rehabilitation or Council to establish a pilot program to sell He also said the bill does not address replacement of fracture-critical bridges. half-price transit fares to eligible charitable long-term cash flow problems in highway organizations for use by homeless persons. construction, expansion of four-lane roads and current road maintenance. “(This bill) is To find out who represents you at the Capitol . . . essentially putting together some Band-Aids Roads Call House Public Information Services on what is a very, very serious problem.” Conferees were also charged with addressing at 651-296-2146 or 800-657-3550 an approximately $155 million decrease in revenues for MnDOT.

May 8, 2009 Session Weekly 17 AT ISSUE: Cultural Heritage

Unearthing the state’s past Legacy bill moves through final process quickly, awaits floor action

By So n j a He g m a n The Indian Affairs Council is requesting he accidental unearthing of remains of money from the constitutional legacy fund be used to supplement what it does already for American Indians has become a rather the state under the private cemeteries act and common occurrence in the state. under a mandated, unfunded federal law. T Sponsored by Rep. Mary Murphy (DFL- Hermantown), HF1231 would provide that new sales tax revenues be deposited in four dedicated funds, under the legacy amendment This according to Annamarie Hill and Jim month. Boxes, skeletal remains, partial remains. adopted onto the state’s constitution last Jones, executive director and cultural resource Things that we deal with on a day-to-day basis year. It increases the state’s sales tax from 6.5 director, respectively, at the Indian Affairs at the Indian Affairs Council.” percent to 6.875 percent. Council. Jones said the council did an inventory Jones said they are looking to the “I bring forward the voice of the American of the remains left in its collection, and the constitutional legacy fund to allocate money Indian people, the voices of the past, our result is close to 550 remains, with 186 of to the preservation and identification of ancestors that lay within the grounds,” Jones those remains ready to “go back tomorrow if burial sites and to create a program for said during testimony before the House Cultural the tribes in the southwest (area of the state) more immediate response and recovery of and Outdoor Resources Finance Division this came forward.” But, he said, there’s a process accidental unearthings to assist landowners. session on how the constitutional legacy money the council still has to go through to get one Proposed funding for the Indian Affairs should be spent. “Ancestors that keep getting tribe to agree to take the remains, meaning Council in the bill is $250,000 for the 2010- accidentally unearthed, excavated, removed. the tribe needs to have a place to rebury the 2011 biennium. Remains that are turned over to us almost every remains and it doesn’t. The process of recovering remains is quite arduous with the council having to go out to recover the remains and then determine what tribe the remains belong to. “The cuts proposed by the governor will affect this,” Jones said. In the past 10 years, there have been 12 to 15 accidental unearthings. Jones said the average is one or two per year, but that doesn’t include what the council gets from various individuals, adding that one woman gave them remains she found in 1960. Also, a few years ago Becker County had 17 bodies found in one spot. “Each case is unique,” Jones said, talking of the reburial process. “The ones in Becker County went back to the same spot.” But some found last summer near Mille Lacs are still out of the ground. Jones said the Mille Lacs Band of Ojibwe will probably have to find room somewhere else for those remains because there’s a sewer line that goes through the burial mound where they were found.

p h o t o b y t o m o lm s c h e i d During the May 5 meeting of the House Cultural and Outdoor Resources Finance Division, Garry Heritage continued on page 21 Leaf, executive director of Sportsmen for Change, expressed his displeasure with the way heritage funds are proposed to be spent.

18 Session Weekly May 8, 2009 AT ISSUE: Environment & Energy

Funding environment and energy Conferees make additional spending cuts

By Su s a n He g a r t y International Renewable Energy Technology onferees cut an additional $16.5 million Institute at Minnesota State University, Mankato. The institute is a public, private from the omnibus environment and partnership of the state’s colleges and energy finance bill before both legislative universities system to gain renewable energy C technology from Sweden. bodies passed the bill within minutes of each Instead, conferees removed it from the law other May 4. and appropriated $1.5 million from the rural and energy development revolving loan fund to the institute. In its place within the energy finance bill, $2 million was appropriated for *HF2123/SF2099, sponsored by Rep. The Pollution Control Agency is directed to an Emerging Renewable Energy Industries Jean Wagenius (DFL-Mpls) and Sen. Ellen collect and prioritize a list of toxic chemicals, grant program. Anderson (DFL-St. Paul) passed the House but the provision that required the agency When prioritizing where to save money, 98-35 and 52-15 in the Senate. to look for safer alternatives in children’s conferees cut administration costs and tried Its fate rested in the hands of Gov. Tim products was removed by conferees. to spare the grant programs that help local Pawlenty Thursday but results were not “We’ll keep working on toxic chemical government agencies complete their fieldwork, available at the time of publication. policies because people think their government said Rep. Rick Hansen (DFL-South St. Paul). is taking care of toxic chemicals in products. For example, the Board of Water and Soil Environment That belief is being undermined,” Knuth Resources took a 10.8 percent budget cut. The environment portion, which includes said. “These are painful cuts, but they are General Fund appropriations for the Pollution effective cuts,” Hansen said. Control Agency, Department of Natural Energy Nearly $200 million of federal stimulus Resources, Board of Water and Soil Resources, Energy-related spending comprises money was removed from the law, and is Minnesota Zoo, Science Museum of Minnesota $54.3 million from the General Fund. At the moving forward as HF680/SF657*, sponsored and the Metropolitan Council for parks Senate’s suggestion, two money transfers will by Rep. Jeremy Kalin (DFL-North Branch) and funding, shakes out to be $305.7 million from be completed. Anderson. Now in the conference committee the General Fund. That is less than the House In the first instance, $500,000 will go process, the bill uses federal stimulus funds proposed, but more than the Senate. from a dedicated fund in the Department of for weatherizing low- to moderate-income Conferees were able to keep basic funding Commerce to the General Fund. homes and rental properties, establishes a for parks and water quality projects, which Another $750,000 one-time transfer from window replacement option and a residential was important if the projects are to receive the E85/biodiesel grant program will be made revolving loan program. additional funds from the Outdoor Heritage to the General Fund. Rep. Bill Hilty (DFL- Fund, Wagenius said. The fund resulted Finlayson) said demand for the grants has from passage of a constitutional amendment dropped and the Office of Energy Security Can’t wait a week for that requires that the dedicated tax receipts assured him there was enough grant money your news from the House? supplement traditional sources of funding remaining to fund requests. and may not be used as a substitute, such as Besides the money transfers, a swap was When something important happens replacing General Fund cuts. done to provide a solution to a sticking point on the House floor or in a committee meeting, you’ll know about it by However, Wagenius was disappointed with regarding usage of the federal stimulus money. subscribing to Session Daily. conferees dilution of the Toxic Free Kids Republican leaders argued that a $1.5 million Subscribers receive daily Act. “That was clearly the low point of our appropriation from the federal stimulus e-mail alerts whenever conference committee,” she said. package would jeopardize the law because new articles are posted. Rep. Kate Knuth (DFL-New Brighton), who federal stimulus dollars may not be used for sponsored the Toxic Free Kids Act as HF250, applied research. Go to : www.house.mn/hinfo/sdaily.asp said pressure from the governor’s office When passed off the House floor, the To subscribe, click on Subscribe to Session Daily e-mail resulted in its partial deletion from the law. law allocated $1.5 million to the proposed updates. RSS is also available.

May 8, 2009 Session Weekly 19 RESOURCES

Information by phone From beginning to end For those who do not have access to a computer, bill information is just a phone call away. Contact Tracking bills is just a mouse click away the House Index Department at 651-296-6646. Also, if you’re looking for information on the Internet, and you’re not sure where to find it, contact House Public Information Services at hether you follow a number of bills or just a few, 651-296-2146 or 800-657-3550. you don’t have to physically be at the Capitol to track legislation. Through the Legislature’s Web On the main bill tracking search page, W there is a section at the top for House and site (www.leg.mn), there are several ways to follow a bill Senate bills. Choose either link and you will be directed to an Internet form providing a from your computer. number of options. If you are unsure about the best way to proceed, click the Help button and be directed to the Examples and Explanations page. The the “bill status summary” page gives a short Personalized tracking page features an explanation of how to search version of what the bill is about, and provides The MyBills service allows a user to for bills that have been passed or are still in links to the status, full text or summary of a personalize bill tracking for current legislation, the legislative process. bill from the nonpartisan House Research and be notified by e-mail of the bill’s movement Near the top of the main “Bill Search and Department. The status area shows the through the process. Status” page are four links to four different process of a bill from its introduction, Beginning at the Legislature’s main page, searches. through the committee and floor process to click “MyBills” under the “Bill Search and • Topic Search: this search allows you to find gubernatorial action. Status” heading. This will take you to the bills according to the major topic area “MyBills” subscription page. Once there, that it falls into. In some cases, a bill deals just follow the instructions, which includes Tools to help with your search with several topics, and the topic you are establishing a username and password. Once You don’t have to know a bill’s number or interested in will be a part of another larger that is established you can: even the chief sponsor to find information on bill. • Receive an RSS feed of bills in your legislation you are interested in. • Author Search: this option allows you to account; There are several features on the Legislature’s see all the bills a particular member has • Add House and Senate bills to your list by Web site to help you determine a bill’s sponsored. It is handy when you know bill number, subject or author; number, and sponsors in both the House and a certain representative has sponsored a • View the legislative status of your bills, with the Senate. bill, but you’re not sure of its number or items with significant current ac- status. tion highlighted; • Committee Search: sometimes all • Modify your list at any time; and you might know about a bill is that • Receive daily updates. a particular House committee is hearing the bill. This search option Bills, bills and more bills allows you to see all the bills initially Information about any bill that referred to a committee. has been introduced since 1993 is • Action Search: this link offers dozens accessible through the Web. of possible status actions for bills Begin at www.leg.mn and click on in the House. This may also be “Bill Search and Status”This will take handy if you are trying to determine you to a page where you can enter a whether a committee has reported House or Senate file number, which is on a certain bill or if you think a used to identify a bill in the House or bill was acted upon on a certain Senate, the name of the chief sponsor day, but you’re not sure of any other in either body, a committee of origin information. topic, or a keyword description. Once the search criteria is entered, The MyBills service allows a user to personalize bill tracking for current legislation, and be notified by e-mail of the bill’s movement through the process.

20 Session Weekly May 8, 2009 Heritage continued from page 18 the four historians talked about the WPA drinking water protection, Minnesota projects in Minnesota, and the effect it had River Water Quality testing and wastewa- The guts in Minnesota,” Murphy said. “We looked at ter treatment monitoring; Murphy’s bill moved through the process this money from that point on as a kind of a • $31.9 million from the Parks and Trails quickly this week, being passed by the House stimulus for the economy in Minnesota.” Fund to the Department of Natural Finance Committee, the House Rules and Murphy says the bill provides a plan to guide Resources for grants and the state parks Legislative Administration Committee and the distribution of the legacy amendment and trails legacy; the House Ways and Means Committee. It money over the 25-year life of the tax. The • $25.37 million from the Clean Water Fund now awaits action on the House floor. There tax goes into effect July 1 and funding would to the Public Facilities Authority for grants is no Senate companion. become available at the beginning of 2010. among small community wastewater treat- The four newly created funds will go toward Things of note for fiscal years 2010-2011 ment technical assistance and construction wildlife habitat, clean water, parks and trails, include: and phosphorus reduction; and and arts and culture. • $59.7 million from the Outdoors Heritage • $20.9 million from the Arts and Cultural Murphy said the bill is the result of weeks Fund to the Department of Natural Heritage Fund to the Minnesota Historical of testimony about the potential impact of the Resources split among prairies; wetlands; Society for things including grants, assis- money over the next 25 years, especially in the forests; and fish, game and wildlife tance to local historical societies and the face of an economic downturn. habitat; Minnesota History Educational Network. “One of the most moving learning • $40.19 million from the Clean Water Fund experiences we had was the night when to the Pollution Control Agency for grants,

Minnesota’s representation in Washington, D.C. U.S. Representatives First District 250 Prairie Center Drive, Suite 230 6043 Hudson Rd., Suite 330 SW/WC 1420 East Tim Walz (DFL) Eden Prairie, MN 55344 Woodbury, MN 55125 College Drive 1529 Longworth 952-405-8510 651-731-5400 Marshall, MN 56258 House Office Building Fax: 952-405-8514 Fax: 651-731-6650 507-537-2299 Washington, D.C. 20515 Fax: 507-537-2298 202-225-2472 Web site: paulsen.house.gov 110 Second St. S., Suite 232 Fax: 202-225-3433 Access to e-mail through Web site Waite Park, MN 56387 Web site: collinpeterson.house.gov 320-253-5931 Access to e-mail through Web site 1134 Seventh St. N.W. Fourth District Fax: 320-240-6905 Rochester, MN 55901 Betty McCollum (DFL) Eighth District 507-206-0643 1714 Longworth Web site: bachmann.house.gov James L. Oberstar (DFL) Fax: 507-206-0650 House Office Building Access to e-mail through Web site 2365 Rayburn Washington, D.C. 20515 House Office Building 227 E. Main St., Suite 220 202-225-6631 Seventh District Washington, D.C. 20515 Mankato, MN 56001 Fax: 202-225-1968 Collin Peterson (DFL) 202-225-6211 507-388-2149 2211 Rayburn Fax: 202-225-0699 Fax: 507-388-6181 165 Western Ave. N., Suite 17 House Office Building 877-846-9259 St. Paul, MN 55102 Washington, D.C. 20515 231 Federal Building 651-224-9191 202-225-2165 Duluth, MN 55802 Web site: walz.house.gov Fax: 651-224-3056 Fax: 202-225-1593 218-727-7474 Access to e-mail through Web site Fax: 218-727-8270 Web site: Minn. Wheat Growers Bldg. (TTY) 218-727-7474 Second District www.mccollum.house.gov 2603 Wheat Drive John Kline (R) Access to e-mail through Web site Red Lake Falls, MN 56750 Chisholm City Hall 1210 Longworth 218-253-4356 316 Lake St. House Office Building Fifth District Fax: 218-253-4373 Chisholm, MN 55719 Washington, D.C. 20515 Keith Ellison (DFL) 218-254-5761 202-225-2271 1130 Longworth 100 N. First St. Fax: 218-254-5132 Fax: 202-225-2595 House Office Building Montevideo, MN 56265 Washington, D.C. 20515 320-269-8888 Brainerd City Hall 101 W. Burnsville Pkwy. 202-225-4755 (Open Tuesdays only) 501 Laurel St. Suite 201 Fax: 202-225-4886 Brainerd, MN 56401 Burnsville, MN 55337 230 E. Third St. 218-828-4400 952-808-1213 2100 Plymouth Ave. P.O. Box 50 Fax: 218-828-1412 Fax: 952-808-1261 Minneapolis, MN 55411 Redwood Falls, MN 56283 612-522-1212 507-637-2270 38625 14th Ave., Suite 300B Web site: kline.house.gov Fax: 612-522-9915 (Open Tuesdays only) North Branch, MN 55056 Access to e-mail through Web site 651-277-1234 Web site: ellison.house.gov 714 Lake Ave., Suite 107 Fax: 651-277-1235 Third District Access to e-mail through Web site Detroit Lakes, MN 56501 218-847-5056 Web site: Erik Paulsen (R) Fax: 218-847-5109 www.oberstar.house.gov 126 Cannon Sixth District Access to e-mail through Web site. House Office Building Michele Bachmann (R) 320 Fourth St. S.W. Washington, D.C. 20515 107 Cannon Centre Point Mall 202-225-2871 House Office Building Willmar, MN 56201 Fax: 202-225-6351 Washington, D.C. 20515 320-235-1061 202-225-2331 Fax: 320-235-2651 Fax: 202-225-6475

May 8, 2009 Session Weekly 21 GOVERNOR’S DESK J a n u a r y 6 - Ma y 7, 2009 CHAPTERS 1 - 32 Tracking new laws, vetoes nce a bill passes the House and Sen- it will become law with or without his to veto such an item, the governor is ate in identical form, it is sent to the signature. (Sundays are not counted in the required to veto the entire bill. Ogovernor for consideration. The gov- three-day time limit, but holidays are.) A two-thirds vote of the members in ernor has several options when consider- Only on appropriations bills can the each house is needed to override a veto. But ing a bill: governor exercise the line-item veto because only the governor can call a special • sign the bill and it will become law; authority. This allows the governor to session of the Legislature anything vetoed • veto the bill; eliminate the appropriation items to which after the Legislature adjourns is history — • line-item veto individual items within an he or she objects. As with all vetoes (save at least until the next session. appropriations bill; or pocket vetoes, which occur in the days after The governor’s veto authority is outlined • do nothing, which can have two different the Legislature has adjourned sine die), the in the Minnesota Constitution (Article IV, effects. The timing of these actions is as governor must include a statement listing Section 23). important as the actions themselves. the reasons for the veto with the returned In the first year of the biennium, the bill. Here, too, the timetable is three days Key: CH=Chapter; HF=House File; SF=Senate governor has three days from the time of after the governor receives the bill. File; *=denotes bill language signed into law. presentment to veto a bill. If the governor Policy items contained in appropriations doesn’t sign the bill within this time frame, bills may not be line-item vetoed. In order

CH HF SF Description Signed Vetoed 1 4 4* Unemployment; new base period for calculating benefits and a limited extension of benefits provided. 1/29/2009 2 329 212* Boiler operation regulation exception provided. 2/20/2009 3 95 49* Health Insurance premium credit created. 2/20/2009 4 100 94* I-35W bridge collapse survivor compensation process provisions clarified, indemnification rights specified, records of the special master panel access limited, testimonial 2/24/2009 privileges specified, and third-party subrogation or recovery claims prohibition clarified. 5 886* 824 General fund balance allocation exempted at end of fiscal year 2009. 3/2/2009 6 177 162* Moratorium on radiation therapy facility construction extended in certain counties. 3/11/2009 7 56* 55 Stearns County; Grantee for parks appropriation corrected. 3/23/2009 8 433 236* Medal of Honor day designated as March 25. 4/1/2009 9 1797* 1511 Federal economic recovery transportation funds receipt and appropriation provided. 4/1/2009 10 1400 1142* Honoring All Vietnam Era Veterans Day enacted. 4/3/2009 11 865* 983 Wabasha and Olmsted Counties; Great River Ridge Trail established. 4/3/2009 12 392* 252 Internal Revenue Code federal update provided, and net income and payment of corporate franchise tax refunds computation modified, requirements for appointment of 4/3/2009 commissioner of Department of Revenue modified, and Green Acres provisions modified. 13 117 95* Deficiency funding provided for certain state agencies, and money appropriated. 4/6/2009 14 1073 832* Income tax; exception extended to minimum contacts required for jurisdiction to ownership of property on the premises of a printer. 4/6/2009 15 1227 1197* Minnesota law conformed to the requirements necessary to receive federal stimulus funds, and money appropriated. 4/8/2009 16 1756 1329* Federal funds allocated for clean water and drinking water loans and grants, money appropriated. 4/8/2009 17 1615 743* Petroleum standards updated, biodiesel blends and fuels standards established. 4/16/2009 18 121 451* Memorial signs erected on designated highways governing provision modified. 4/16/2009 19 951 896* Two or more existing municipal power agencies authorized to form a new municipal power agency. 4/16/2009 20 1040 811* McLeod West; ISDN 2887; Reorganization operating debt bonds issued. 4/16/2009 21 619 757* Public Safety Department authorized to collect fuel decal fee for International Fuel Tax Agreement, and cost of decal rule removed. 4/16/2009 22 254 265* Crime alerts required to be distributed in a format that disabled citizens can access. 4/16/2009 23 110 335* Irv Anderson Memorial Highway designated. 4/16/2009 24 116 33* Type III school bus driver qualifications modified. 4/23/2009 25 1048 643* Eligibility for unemployment benefits under certain training programs provided. 4/27/2009 26 782 978* Shaken baby syndrome training requirements changed in licensed programs. 4/27/2009 27 2040 1454* Shared work plan establishment. 4/30/2009 28 486* 1183 Trunk highway system routes removed. 4/30/2009 29 525 462* DWI ignition interlock device pilot program expansion 4/30/2009

*The legislative bill marked with an asterisk denotes the file submitted to the governor.

22 Session Weekly May 8, 2009 CH HF SF Description Signed Vetoed 30 332 261* Transfer on death deeds technical modifications; common element certificates modifications; real estate designated transfer, power of attorney and cartway procedure 4/30/2009 modifications. 31 334* 683 Garnishment instructions, forms, procedures, and exemptions modified. 5/1/2009 32 801* 779 State report and document laws modified. 5/1/2009

M AY 4 - 7, 2009 BILL INTRODUCTIONS House files 2362 - 2376

Monday, May 4 HF2367-Marquart (DFL) Thurday, May 7 Taxes HF2362-Mahoney (DFL) Flood areas; property tax abatement provided for HF2372-Davnie (DFL) Commerce & Labor newly constructed residential structures in flood- State & Local Government Operations Reform, State Building Code preemption exemption damaged areas. Technology & Elections created in certain cases and advisory committee Minneapolis; Special street light provisions established. repealed. Tuesday, May 5 HF2363-Kalin (DFL) HF2373-Brod (R) Finance HF2368-Greiling (DFL) Energy Finance & Policy Division Lindstrom; sewer systems and wastewater treatment State & Local Government Operations Reform, Minnesota Public Utilities Commission, or its facility improvement funding provided. Technology & Elections successor, provided authority to issue a certificate Experimental mail balloting pilot program of need for the construction of a nuclear electric HF2364-Sertich (DFL) authorized for certain elections in certain cities generating plant, and constitutional amendment Finance and school districts. proposed. Tax increment financing requirements modified, state investment in a loan guaranty program HF2369-Bunn (DFL) HF2374-Olin (DFL) authorized, nonprofit housing bonds authorized, Finance Finance income tax credits provided and JOBZ program Oak Park Heights; funding provided for cost- Student loan forgiveness program established for extended. sharing purchase and construction of geothermal dentists to increase enrollment in the University heating and cooling system. of Minnesota School of Dentistry, and money HF2365-Anderson, B. (R) appropriated. Energy Finance & Policy Division HF2370-Garofalo (R) A resolution memorializing the president, the Commerce & Labor HF2375-Hayden (DFL) s e c re t a r y of energ y a nd C ong re s s to re v ie w nat iona l Federal Internet gambling investigations and State & Local Government Operations Reform, policy on used nuclear fuel. enforcement prohibited without prior legislative Technology & Elections approval. Juneteenth governing provisions modified. HF2366-Kahn (DFL) State & Local Government Operations Reform, HF2371-Brod (R) HF2376-Emmer (R) Technology & Elections K-12 Education Policy & Oversight Public Safety Policy & Oversight Retirement; municipal amortization aid provi- Licensed kindergarten through grade 12 teachers Firearm, firearm accessory or ammunition sions modified. offered a multiyear employment contract and m a nu f ac t u re d a nd re t a i ne d i n M i n ne s ot a e xempte d performance-based compensation as an alternative f rom fe der a l re g u l at ion u nder t he c om merc e c l au s e to continuing employment. of the Constitution on the United States.

Frequently called numbers Area code 651 House Public Information Services Secretary of the Senate 175 State Office Building...... 296-2146 231 Capitol...... 296-2344 Attorney General’s Office Toll-free...... 800-657-3550 Voice mail/order bills...... 296-2343 102 Capitol...... 296-6196 Chief Clerk of the House Senate Index Secretary of State’s Office 211 Capitol...... 296-2314 110 Capitol...... 296-2887 Election Center House Index Meeting Hotline, Senate 180 State Office Building...... 215-1440 211 Capitol...... 296-6646 231 Capitol...... 296-8088 Toll-free...... 877-600-8683 Meeting Hotline, House...... 296-9283 Senate Sergeant-at-Arms Business Services House Sergeant-at-Arms G-1 Capitol/Chamber...... 296-1119/296-7159 60 Empire Dr., Suite 100 190 State Office Building...... 296-4860 Senate Counsel and Research St. Paul...... 296-2803 House Research G-17 Capitol...... 296-4791 Toll-free...... 877-551-6767 600 State Office Building...... 296-6753 Legislative Reference Library State Auditor Senate Information 645 State Office Building...... 296-3398 525 Park St., Suite 500 231 Capitol...... 296-0504 Governor’s Office St. Paul...... 296-2551 Toll-free...... 888-234-1112 130 Capitol...... 296-3391

May 8, 2009 Session Weekly 23 Mi n n e s o t a Ho u s e o f Re p r e s e n t a t i v e s

Pu b l i c In f o r m a t i o n Se r v i c e s

175 St a t e Of f i c e Building

100 Re v . Dr. Ma r t i n Lu t h e r Ki n g Jr. Bl v d .

St. Pa u l , MN 55155-1298

Sp e a k e r o f t h e Ho u s e : Ma r g a r e t An d e r s o n Ke l l i h e r

Ma j o r i t y Le a d e r : An t h o n y “To n y ” Se r t i c h

Minority Le a d e r : Ma r t y Se i f e r t

Fo r Mo r e In f o r m a t i o n

Mi n n e s o t a In d e x For general information, call House Public Information Services at Reel economy 651-296-2146 or 800-657-3550. Year Minnesota Motion Picture and Television Board office To have a copy of Session Weekly (now Minnesota Film and TV Board) opened...... 1983 mailed to you, subscribe online at: www. Number of films made in Minnesota during the 1990s...... 65 house.mn/hinfo/subscribesw.asp or call: Year Disney’s “The Mighty Ducks” was shot in Minnesota...... 1992 651-296-2146 or 800-657-3550. Number of Disney films made here...... 4 If you enjoy Session Weekly, please consider Peak year for films shot in the state...... 1995 helping to defray production and mailing Number of films shot here...... 9 costs with a biennial voluntary donation of Year Snowbate production incentive rebate program debuted...... 1997 $20 or more. Year Snowbate was defunded...... 2002 Make your check payable to Minnesota Year Snowbate funds were re-appropriated by Legislature...... 2006 House of Representatives, and mail it to: Applications to Snowbate program between fiscal years 2007-2009...... 73 House Public Information Services Projects certified; denied or withdrawn...... 47, 26 175 State Office Building Estimated jobs, as FTEs, created from 31 projects now in progress...... 215 100 Rev. Dr. Martin Luther King Jr. Blvd. Estimated millions of in-state expenditures qualifying for Snowbate...... $11.6 St. Paul, MN 55155-1298 Estimated millions reimbursed on those projects...... $2.05 Session Weekly online is available at: Movies and television shows filmed in Minnesota in 2008, 2007...... 14, 4 www.house.mn/sessionweekly Millions in 2007 state wages paid, movie and TV production and distribution industry...... $340.8 Billions in 2007 California wages paid to the movie and TV industry...... $16.33 Subscribe to Session Daily e-mail Minnesota mean hourly wage for an actor (including stage, TV and film)...... $21.30 alerts at: www.house.mn/list/join. Mean hourly wage for producers and directors...... $29.68 asp?listname=sessiondaily. Mean hourly wage for ticket takers and ushers...... $8.45 Check your local listings to watch televi- Number of Minnesota theaters; screens...... 189; 965 sion coverage of House committees, floor Average number screens per theater...... 5.1 sessions and select press conferences. Average adult ticket price...... $7.12 To obtain a copy of a bill, call the Years of Minneapolis-St. Paul International Film Festival existence...... 27 Chief Clerk’s Office at 651-296-2314. Number of 2009 films entered in the festival...... 147 Countries represented this year...... 63 To learn about bill introductions or Years of the Rochester International Film Festival...... 13 the status of a specific bill, call the Years of the LGBT Film Festival...... 15 House Index Office at 651-296-6646. Year Oak Street Arts merged with the U Film Society to form Minnesota Film Arts...... 2002 The House of Representatives can be found on Number of years U Film Society existed before merger...... 40 the Web at: www.house.mn. Annual number of titles screened by Minnesota Film Arts...... 400 Estimated yearly audience...... 100,000 People who are deaf and hard of hearing may ask questions or leave messages by 2008 U.S. box office receipts, in billions...... $9.8 calling the Minnesota Relay service at 711 Percentage increase over 2007...... 1.7 or 800-627-3529 (TTY). — K. Be r g g r e n Senate Information Sources: Minnesota Film and TV Board; Minneapolis-St Paul International Film Festival; Minnesota 651-296-0504 or 888-234-1112 Film Arts; “The Economic Impact of the Motion Picture & Television Industry on the United States” (April 2009 report from The Motion Picture Association of America); MPAA 2008 Theatrical Market Senate Index Statistics; Minnesota Salary survey, 4th quarter 2008 update, DEED; Box Office Mojo 651-296-5560