This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp Senate Briefly

Page 2 Highlights

Page 4 Committee update

Minnesota’s newest State Sena- tor, Sen. Kevin Dahle (DFL- Northfield), recites the Pledge of Allegiance during opening day ceremonies, Tues., Feb. 12, in the Senate Chamber. Dahle replaced former Sen. Thomas Neuville, who accepted an appointment as a district judge. Photo by A.J. Olmscheid

February 15, 2008 Senate Highlights Nobel Laureate Honored Minnesota. Pogemiller, a former student, Opponents also criticized rais- The second half of the 85th Legisla- described the 90-year-old Hurwicz as a ing taxes as the state fights a recession tive Session began at a brisk pace Tues., “world class intellect.” economy. Sen. David Hann (R-Eden Feb. 12. After ceremonial and housekeep- Hurwicz said it was “a moment of Prairie) charged that the language of the ing duties, the body transitioned right great honor” and jokingly expressed his bill prohibits any funding cuts to existing into business, appointing conferees for appreciation that there were no votes in programs. the environment and arts legacy proposal opposition to the resolution. Proponents countered that the frac- begun last session. In routine business, resolutions ad- tion of a cent increase is worth it if it The legacy bill would put a three- dressing expenses for postage, mileage, protects Minnesota’s waters and natural eighths of one percent sales tax increase and interns and law clerks were approved. spaces. Minnesota has no sales tax on proposal to voters in November, and if This year’s first day saw one change prescriptions, food, and clothing, which approved, dedicate those funds to clean in representation, because former Sen. lessens the impact on tight budgets, water, environment and the arts. Confer- Thomas Neuville (R-Northfield) was argued Sen. Dennis Frederickson (R-New ees for the bill last session finished their appointed a Rice County District Judge. Ulm). Frederickson also spoke in defense work in the last hours of session, but the A special election held in January elected of cultural funding, describing the creativ- bill never saw a floor vote before time ran Sen. Kevin Dahle (DFL-Northfield) to ity of Minnesota’s citizens as the one thing out. Chief author Sen. Lawrence Poge- represent Senate District 25. that cannot be outsourced. miller (DFL-Mpls.) said the Legislature Sen. Ellen Anderson (DFL-St. Paul) intended to pass the bill on Thurs., Feb. Legacy bill passes in Senate; vot- said that legislative stalemates in other 14. Pogemiller, Sen. Dennis Frederick- areas, such as healthcare, should not block son (R-New Ulm), Sen. Richard Cohen ers to decide in November progress for the environment. “We can’t The Senate debated the environ- (DFL-St. Paul), Sen. Ellen Anderson give up and say that we are going to let (DFL-St. Paul) and Sen. Satveer Chaud- ment and arts legacy conference commit- the environment, clean water and the hary (DFL-Fridley) were appointed to tee report, Thurs., Feb. 14, and granted natural parts of our world slip through our the conference committee, leaving the final passage to the measure, H.F. 2285, fingers because we have other issues that composition unchanged from last year. on a 46-17 roll call vote. Passage of the we are having problems making progress Senators also set some of the ground- bill allows voters in November to decide on,” said Anderson. work for the upcoming months by approv- whether to increase the sales tax by three- ing S.C.R. 8, marking the first committee eighths of one percent and dedicate the Transportation package reviewed deadline for Mar. 14, the second commit- revenue to clean water, environmental A transportation proposal authorizing tee deadline for Mar. 19, and the deadline stewardship, and arts and cultural heri- over $308 million in supplemental spend- for finance bills Mar. 28. tage funding. The debate highlighted the ing in FY 08-09 and over $2.262 billion A Senate resolution and a brief recess bipartisan support and opposition to the in bond projects through FY 2018 was the were called to honor 2007 economics proposal. focus of the Tues., Feb. 12, meeting of the Nobel Laureate Leonid Hurwicz, Regents The conference committee report dif- Transportation Budget and Policy Divi- professor emeritus of the University of fers from the Senate’s version by provid- sion. “President Abraham Lincoln said, ing a higher percentage of the revenue to ‘You cannot escape the responsibility of clean water, and postponing the establish- tomorrow by evading it today,’” said Chair Senate Briefly is a publication of ment of a hunting and fishing council. Steve Murphy (DFL-Red Wing), author of the Minnesota Senate Publications Sen. Lawrence Pogemiller (DFL- the measure. Murphy said the state needs Office. During the regular Legislative Mpls.), chief author, said that the Legis- to embrace its duty to provide a safe, ef- Session, it is produced weekly. The lature has failed to fund the legacy issues ficient transportation system. publication is a service of the Minne- that define Minnesota’s identity. “This Senate Counsel Bonnie Berezovsky sota Senate. It can be made available is about protecting our way of life and walked panel members through the bill. in alternative formats. protecting that way of life for our children Its major elements include an annual debt and grandchildren,” he said. service fuel tax surcharge of up to 2.5 Editor/Writer: Sen. Thomas Bakk (DFL-Cook) cents per gallon to fund the more than $2 described the proposed sales tax increase billion in bonding the measure authorizes, Karen L. Clark as poor tax policy that disproportionately an acceleration of the vehicle deprecia- impacts low-income households. Bakk tion schedule, an elimination of the caps Assistant Editor/Writer: also cautioned Senators to consider what on the vehicle registration tax, a five- Joshua A. Dorothy cumulative impact the increase may have cent increase in the gas tax. The bill also on taxpayers if other proposals, such as a indexes the gas tax for inflation, increases Writer: gas tax increase, pass as well. the fee on vehicle rentals and short-term Danielle Cabot The proposal deviates from the proper leases, creates a gas tax credit of $25 per legislative process, said Sen. Rod Skoe year for taxpayers in the lowest income Photographers: (DFL-Clearbrook). Passage of the bill tax bracket, directs the Metropolitan David J. Oakes dedicates funding to the environment and Council to impose a half-cent sales tax A.J. Olmscheid arts in the state’s constitution, rather than and a $20 vehicle excise tax in the Metro law, for 25 years, he said. Area, and prohibits the privatization of

2 Recipient of the Nobel Prize for Economics and former University of Minnesota Professor Leonid “Leo” Hurwicz addresses mem- bers of the Senate during a special ceremony in the Senate Chamber, Tues., Feb. 12. Photo by David J. Oakes roads and bridges for the purpose of col- (DFL-Mpls.), is expected to pass, Thurs., it ties the hands of future Legislators. Oth- lecting tolls. Feb. 14. ers oppose the inclusion of arts funding. Representatives of several interest The proposal passed out of conference Proponents argue that things like groups, associations, and local units of committee on the eve of session close last clean water, forests and wildlife are critical government spoke in general support of spring, only to have the clock tick down Minnesota legacies that must be properly the bill, saying the state needs to enact without the bill receiving a floor vote. funded to ensure their preservation for fu- an ambitious transportation package to The only change from last session is in meet various needs. Many of the speakers ture generations. Defenders of the arts say said there were items not in the bill they revenue projections because of a down- its inclusion broadens the base of support would have liked to have seen included, turn in sales tax receipts, according to for the amendment and addresses another such as a county wheelage tax. Others said Pogemiller. area of Minnesota’s culture that is chroni- they were uncomfortable with some of the The conference report places a ques- cally under-funded. package’s components, such as indexing tion on the ballot, for voters to approve The bill specifies that 33 percent of the gas tax for inflation. or deny, authorizing a sales tax increase the revenue be used to protect, enhance, of three-eighths of one percent to ensure and restore water quality in lakes, rivers, funding for Minnesota’s outdoor resources Outdoor and cultural legacy bill streams and groundwater, and five percent and cultural heritage. Because the bill sent to floor of that third be used to protect drink- proposes a constitutional amendment, it The first conference committee of ing water sources; 14.25 percent of the does not need approval by the governor if the session met briefly Tues., Feb. 12, to revenue be used to support parks and trails re-approve the conference committee passed in the Legislature. report on H.F. 2285, proposing a constitu- Opposition to the proposal includes of regional or statewide significance; and tional amendment for dedicated funding Senate Taxes Committee Chair Thomas 19.75 of the revenue be used for arts, arts of natural resources and the arts. The bill, Bakk (DFL-Cook), who opposes dedicat- education, and arts access and to preserve authored by Sen. Lawrence Pogemiller ing funds in the constitution, arguing that Minnesota’s history and cultural heritage.

3 Committee update Commerce and Consumer ni (DFL- Chisholm), listened to 11 bond phony Orchestra and regional performing requests at its first gathering of the session arts events, according to Mankato Sym- Protection Wed., Feb. 13. Four amendments were ad- phony Board President Keith Boleen. The opted for bills that were heard on Monday. bill requires bond proceeds to be matched Accountancy bill okayed All bills were laid over for possible inclu- by non-state sources. Members of the Commerce and Con- sion in a division bonding proposal. S.F. 2440, sponsored by Tomassoni, sumer Protection Committee used their Sen. Mee Moua (DFL-St. Paul) pre- provides $800,000 for the second phase Thurs., Feb. 14, meeting to approve a bill sented S.F. 2273. The bill requests $9.75 of Aurora’s wastewater treatment facility updating Minnesota’s accountancy laws. million in bond proceeds to build and upgrade, which would prepare the city S.F. 2402, authored by Sen. Ann equip an Asian Pacific Cultural Center to meet Minnesota Pollution Control Rest (DFL-New Hope), makes numer- in St. Paul. The project would be the first standards set for 2010. The bill requires ous changes to provisions governing the pan-Asian cultural center in the U.S., ac- bond proceeds to be matched by non-state practice of accountancy and the Board cording to Moua. sources. of Accountancy. Rest said the bill brings S.F. 2473, sponsored by Sen. Kathy Sen. Betsy Wergin (R-Princeton) Minnesota into conformity with the Sheran (DFL-Mankato), requests $1.2 sponsored S.F. 1353, requesting $5.091 Uniform Accountancy Act. She high- million for the design of a performing arts million for expansion of the Clear Lake/ lighted several provisions, including an theater and a Southern Minnesota Wom- Clearwater Sewer Treatment facility. The accelerated CPA-testing option for college en’s Hockey Exposition Center attached two towns separated by the Mississippi students and enhanced enforcement tools to the Mankato Civic Center. The hockey River share a treatment facility and must for the board to rein in errant accoun- facility would be used by Minnesota State meet higher Minnesota Pollution Control tants. The measure was advanced to the University-Mankato, said Pat Hentges, standards because of their proximity to the State and Local Government Operations Mankato city manager. The theater would river, according to Wergin. The facility and Oversight Committee. better accommodate the Mankato Sym- is nearing capacity in the fastest-growing In other action, committee members, chaired by Sen. Linda Scheid (DFL- Brooklyn Park), heard an overview of the Commerce Department’s fraud and enforcement actions. Manny Munson- Regala, deputy commissioner of market assurance, Paul Hanson, chief examiner, and George Kyrilis, special investiga- tions director, discussed the department’s investigations of insurer practices and alleged fraud. Hanson said the department seeks to immediately stop an insurer’s bad market conduct, create remedial steps for the insurer to change its conduct, pro- vide restitution for those harmed by the insurer, and levy fines against insurers. The department has recently focused on title insurance practices, the suitability of insurance products for consumers, and workers compensation insurance, Hanson said. Kyrilis said the fraud unit focuses on pursuing criminal action against fraudulent agents, brokers and claimants in all types of insurance. The fraud unit cooperates with a number of offices and agencies, he said, including federal and state prosecutors, various law enforcement agencies and task forces, and insurance associations.

Economic Development Bud- get Division

Bonding bills address city venues, The chief authors of an outdoors and arts constitutional amendment bill, House infrastructure, polar bears Majority Leader Tony Sertich (DFL-Chisholm), left, and Senate Majority Leader The Economic Development Budget Lawrence Pogemiller (DFL-Mpls.), congratulate each other on the passage of the Division, chaired by Sen. David Tomasso- bill in their respective bodies, Thurs., Feb. 14. Photo by A.J. Olmscheid

4 In preparation for the start of the 2008 session, Senate Electronics Technician Glen Mills reorganizes Senators’ names on the Senate’s electronic voting board, Fri., Feb., 8. Photo by David J. Oakes building corridor in the state, explained Saxhaug said the project could become a water system from Walker, Minn., to the City Finance Officer Victoria Holthaus. collaboration between the wood products former Au-Gwah-Ching Regional Treat- The Yellow Medicine County industry, the state’s college and university ment Center. The extension is part of a Agriculture and Transportation Museum systems, and Minnesota Power. The bill plan to update and restore the facility for would receive a yet-to-be-determined dol- requires bond proceeds to be matched by use as a health care campus, Olson said. lar amount of bond proceeds for electrical non-state sources. Olson’s second bill provides $22 mil- upgrades through S.F. 2260, sponsored Sen. Tony Lourey (DFL-Kerrick) lion for construction of the Bemidji Event by Sen. Gary Kubly (DFL-Granite Falls). sponsored a proposal for restoration of Center, which would be used by Bemidji The bill requires bond proceeds to be the Hinckley Fire State Monument. The State University hockey programs and for matched by non-state sources. monument was built in 1900 to commem- area events. Sen. Tom Saxhaug (DFL-Grand orate the Great Hinckley Fire of 1894, The third proposal designates $1.4 Rapids) presented two proposals. The first which killed more than 400 people. Two million to expand and upgrade the Deer requests $860,000 in bond proceeds for hundred and forty-six victims are buried River Wastewater Treatment Facility. redevelopment of Coleraine’s downtown in a mass grave nearby. As public property, According to Deer River Mayor John main street, Roosevelt Avenue. The town the state is responsible for maintenance of O’Brien, the facility has reached its has a very limited tax base and is already the monument, which has become a safety capacity and will restrict growth if not burdened by water treatment upgrades and aesthetic concern, said Sandy Hinds, expanded. said Mayor John Sloan. The bill requires manager of the Hinckley Fire Museum. A The following four bills were dis- bond proceeds to be matched by non-state representative of the Historical Society cussed on Mon., Feb. 11, before the start sources. said that the society could not determine of session, and amendments to the bills The second proposal presented by ownership of the monument and bond were adopted at the Wed., Feb. 13, hear- Saxhaug requests $6.165 million for funds may not be appropriate. ing. construction of the Grand Rapids North Sen. Mary Olson (DFL-Bemidji) pre- Sen. Yvonne Prettner Solon (DFL- Central Technologies Lab research facility sented three proposals. The first requests Duluth) sponsored S.F. 2331, requesting on the Itasca Community College campus. $1.150 million to extend the sewer and bond proceeds for a grant to the city of

5 Committee update

During the Thurs., Feb. 14, floor session, Senators Dan Skogen (DFL-Hewitt), left, and Jim Carlson (DFL-Eagan) examine a pie chart showing how a proposed constitutionally dedicated sales tax would be distributed among various outdoor and arts interests. Photo by David J. Oakes Duluth to build sanitary sewer overflow Minnesota, Wed., Feb. 13. The panel, patible with regional, national and global storage facilities. The bill requires bond chaired by Sen. Charles Wiger (DFL-St. actions, he said. The action plan includes proceeds to be matched by non-state Paul), heard about the need for a strategic several dozen items grouped thematically. sources. An amendment was adopted to plan to reform science and technology For example, under the residential, com- reduce the bond request from $12.750 education in order to sustain the United mercial and industrial implementation million to $6.250 million States’ position as a global competitor. category, the plan calls for encouraging Prettner Solon also sponsored S.F. all new buildings to use ever-increasing 2331, requesting a grant to the city of cost-effective efficiency measures and Duluth to expand the polar bear exhibit at Energy, Utilities, Technology renewable energy technologies, and the Lake Superior Zoo. The bill requires and Communications for supporting appliance standards that bond proceeds to be matched by non-state provide for the disclosure of energy usage sources. The bill was amended to reduce Climate change plan discussed and efficiency information. Garvey said the bond request from $2.18 million to A required report proposing what next steps will involve enhancing forestry $1.09 million. Minnesota can do to meet greenhouse gas management, expanding the use of bio- A bonding request for the city of emissions reduction goals established last fuels and improving waste management; Minneapolis to pay the principal on year was the focus of the Thurs., Feb. 14, the three activities were ranked as having outstanding bonds issued by the city to meeting of the Energy, Utilities, Tech- the three highest potential greenhouse gas finance the Target Center was also heard. nology and Communications Commit- reduction impacts. The full plan is avail- S.F. 993, sponsored by Sen. Linda Higgins tee. The panel, chaired by Sen. Yvonne able online at http://www.pca.state.mn.us/ (DFL-Mpls.), was amended to reduce the Prettner Solon (DFL-Duluth), heard from publications/climatechange-legislativere- bonding request from $71 million to $62 Edward Garvey, director of the Office of port-0208.pdf. million. Energy Security, and several members of Several members of the advisory A bonding request for the renova- an advisory group assisting in the prepara- group also addressed the committee. Bill tion and expansion of Mayo Civic Center tion of the action plan. Grant of the Izaak Walton League said Complex was also amended, changing the Garvey said the Next Generation the action plan varies significantly from grant request from $5.5 million to $37.5 Energy Act of 2007 set a goal of reducing the advisory group’s report. He said the million. That bill, S.F. 467, is sponsored statewide greenhouse gas emissions to 15 plan treats as goals many items the group by Sen. Ann Lynch (DFL-Rochester). percent below 2005 levels by 2015, to 30 labeled as requirements, waters down percent below 2005 levels by 2025, and other policies and omits some recom- Education to 80 percent below 2005 levels by 2050. mendations. The group recommended a The action plan is meant to guide the wide range of policies for near-immediate Science education plan discussed state toward meeting the goals in thought- implementation, Grant said, but the plan Members of the Education Commit- ful, deliberative and incremental ways selects only a few items for immediate tee traveled to the Science Museum of that are specific for Minnesota and com- action. The scope of the climate change

6 problem requires transformative change advisory group’s report is online at http:// Clark (DFL-St. Cloud) sponsored a bill, at all levels of government and industry, www.mnclimatechange.us/MCCAG.cfm S.F. 2396, authorizing the issuance of he said. The action plan does not put the $2.02 million in state bonds for a match- state on the trajectory needed to accom- Environment, Energy and ing grant to design and construct the Ro- plish transformative change or to meet cori Trail from Richmond through Cold the emission reduction goals, Grant said. Natural Resources Budget Spring to Rockville, connecting with the The advisory group proposed a complete Division Glacial Lakes Trail, the Beaver Island package of reduction measures, said Trail and the Lake Wobegon Trail. Clark Barbara Freese of the Union of Concerned Bonding requests heard also authored a bill, S.F. 2395, providing $540,000 to acquire, from a willing seller, Scientists. She said the advisory group’s Members of the Environment, Energy land adjacent to the Quarry Park and recommendations very closely match the and Natural Resources Budget Division Nature Preserve in Stearns County. emissions targets with very little wiggle met Thurs., Feb. 14, to consider a num- S.F. 2367, carried by Sen. Michelle room. Because the action plan does not ber of bonding requests relating to the Fischbach (R-Paynesville), provides include all of the measures, she said, the environment. The panel, chaired by Sen. $492,000 to acquire land adjacent to action plan fails to meet the emissions Ellen Anderson (DFL-St. Paul), took no Warner Lake Park in Stearns County. targets. Barb Thoman, Transit for Liv- formal action on the proposals. S.F. 2519, sponsored by Sen. Lawrence able Communities, said the excluded or S.F. 2527, authored by Sen. Tom Pogemiller (DFL-Mpls.), provides $5.3 watered-down items mean the transpor- Saxhaug (DFL-Grand Rapids), appropri- million to repair and renovate Works tation elements of the action plan only ates $6.487 million for the Voyageurs Projects Administration (WPA) projects achieve about half the transportation- Heritage Center and Voyageurs National in the glen area of Minnehaha Creek, to related emission reductions proposed by Park Headquarters, including the Irvin repair, restore, and stabilize the shoreline the advisory group. The first draft of the N. Anderson Amphitheatre. Sen. Tarryl and cavernous banks of Minnehaha Creek

Senators Amy Koch (R-Buffalo) and Geoff Michel (R-Edina) peer at a computer screen in the Senate Chamber during the Thurs., Feb. 14, floor session. Photo by David J. Oakes

7 Committee update environmental landscape for the new state museum of natural history. In other action, members also con- sidered a bill, S.F. 2706, authored by Sen. Yvonne Prettner Solon (DFL-Duluth), providing for the development and ap- plication of building energy usage perfor- mance standards.

Health, Housing and Family Security Blood donation bill gains The Health, Housing and Family Security Committee, chaired by Sen. John Marty (DFL-Roseville), heard three bills on Wed., Feb. 13. Two moved directly to General Orders and the third was recommended to pass and sent on to the Finance Committee. S.F. 2471, authored by Sen. Kathy Sheran (DFL-Mankato), allows 16-year- olds to volunteer for blood donation with written permission from a parent or guardian. Currently, anyone 17 years old and older may volunteer to donate blood without parental consent. Joe Gibson, a 16-year-old high school student from Blooming Prairie, was inspired by his grandfather’s battle with leukemia to Sixteen-year-old Joe Gibson of Blooming Prairie tells members of the Health, Hous- contact his legislators after discovering he ing and Family Security Committee, Wed., Feb. 13, how he was surprised to learn was too young to donate blood. The Mayo that he was too young to donate blood in an effort to aid his ailing grandfather two Clinic, Memorial Blood Centers and the years ago. As a result, Gibson initiated efforts to introduce legislation to lower to 16 American Red Cross submitted testimony the minimum age of a blood donor. in favor of the change. The bill was rec- Photo by David J. Oakes ommended to pass. as it flows past Minnehaha Falls, to restore with the Minnehaha Creek Watershed Sen. Linda Scheid (DFL-Brooklyn fish and other natural habitat and to pro- District’s plan to repair and renovate Park) presented S.F. 1326, which would vide storm water retention and creek bank WPA projects in the glen area of Min- transition a Brooklyn Park Homeward management at or below the Minnesota nehaha Creek, to repair, restore, and Bound intermediate care facility for per- Veterans Home. The measure specifies stabilize the shoreline and cavernous sons with severe developmental disabili- that the appropriation is not available banks of Minnehaha Creek as it flows past ties into four, smaller facilities throughout until $1.6 million has been committed to Minnehaha Falls, to restore fish and other Hennepin County. Payment rate adjust- the project from nonstate sources. Poge- natural habitat and to provide storm water ments through a general fund request are miller said the project is regional because retention and creek bank management at also proposed to address the costs of tran- it is for the 55 mile long Grand Rounds or below the Minnesota Veterans Home. sition and the higher costs of operating national scenic byway. Members adopted As with S.F. 2519, the appropriation is not smaller facilities. Scheid explained that an amendment specifying that lighting for available until $1.6 million is committed the intention is to move residents away the project be energy efficient and comply to the project from nonstate sources. from an institutional setting to smaller en- with natural night sky standards. Poge- Anderson sponsored a measure, vironments. The bill was recommended to miller also sponsored a proposal appro- S.F. 2685, appropriating $24 million to pass and sent to the Finance Committee. priating $1 million for repair, restoration prepare a site for and to construct, furnish, Sen. Linda Berglin (DFL-Mpls.) and rehabilitation of trails, picnic areas, and equip a new state museum of natural presented S.F. 1965. The bill allows lighting, signage and stairs and for bluff history on the St. Paul campus of the Uni- rehabilitated convicts to retain their state and slope stabilization at Father Hennepin versity of Minnesota. The measure speci- issued licenses in the field of corrections. Regional Park. fies that the appropriation be matched by According to statute, individuals with Sen. Patricia Torres Ray (DFL-Mpls.) at least $12 million from other sources. state licenses in the fields of chemical sponsored a measure, S.F. 2518, providing In addition, the measure appropriates dependency and corrections permanently $5.3 million to be used in conjunction $4 million to design and construct an lose their licenses for committing certain

8 crimes. Before 2005, some individuals the rapidly growing population made the ment facility. Joyce Pesch, director, Grant could receive set-asides from the commis- expansion particularly critical. County Social Services, said the facility sioner of human services based on reha- Two proposals from Hennepin Coun- would be designed to accept the full range bilitation, said Dan Cain, former chair of ty were also presented. The first proposal, of chemical dependent inmates from the Sentencing Guidelines Commission. for the Hennepin County Medical Center, minimum security to super-maximum se- Since then, workers in chemical depen- is to provide space for didactic and clini- curity classifications. Pesch said the multi- dency have been able to renew those cal education for physicians, registered county endeavor will eliminate the stress set-asides when changing jobs, explained nurses and other health care profession- on local facilities caused by high-security, Berglin. The bill allows workers in correc- als. The project includes an educational high-risk chemically dependent inmates. tions that received a set-aside before 2005 center and teaching clinic space that is to also renew that qualification when required to provide clinical experience, Vets’ homes bonding discussed changing jobs within the field. said Dr. Michael Belzerf, medical direc- Bonding requests for the state’s vet- tor, Hennepin County Medical Center. erans’ homes were a focus of the Thurs., Health and Human Services He said the Hennepin County Medical Feb. 14, meeting of the Health and Hu- Center is among the most vital training man Services Budget Division. The panel, Budget Division sites in the state because of the scope of chaired by Sen. Linda Berglin (DFL- educational efforts, the health professions Mpls.), also heard a proposal to provide Bonding proposals heard in training, affiliations with other educa- grants to construct or rehabilitate facilities The Wed., Feb. 13, meeting of the tional institutions and the access for the for early childhood programs. Health and Human Services Budget uninsured and public program patients. Veterans Affairs Commissioner Clark Division was devoted to hearing bond- Cathy ten Broeke, coordinator for ending Dyrud and Deputy Commissioner Gil ing proposals for a variety of projects. homelessness, presented a proposal for a Acevedo presented the bonding requests The panel, chaired by Sen. Linda Berglin one-stop center to provide services aimed for the veterans’ homes. Dyrud said the (DFL-Mpls.), took no formal action on at ending homelessness. She said the op- veterans’ homes were a recent addition to any of the proposals. portunity center would provide job train- the Department of Veterans Affairs’ re- The first proposal was for a juvenile ing, housing services, medical and dental sponsibilities. In November, the governor treatment facility for the White Earth care, veterans services, substance abuse abolished the Veterans Homes Board and Nation. Sen. Rod Skoe (DFL-Clearbrook) treatment, mental health care and legal transferred responsibility for the state’s said the bill containing the proposal, S.F. services. Ten Broeke said the anticipated five veterans’ homes to the department. 2507, was introduced late last year. Erma total cost is $10 million and that the After having control of the homes for Vizenor, chair, White Earth Reserva- bonding requests is for $2.5 million with only about three months, we have a clear tion, said the facility is needed to bring the balance coming from the Hennepin sense of what needs to be done, Dyrud culturally specific programs to juveniles County capital improvement plan and the said. We do not have a formal strategic on the reservation. Members also heard a philanthropic/partners fund. plan yet, he said, but we have a vision for proposal from the Dept. of Health relating Beverly Dusso, president and execu- the homes. to the Metro Area regional water system. tive director, Tubman Family Alliance, The bonding requests include $7 John Stine, director, Environmental presented a request for bond funds for a million for system-wide asset preservation, Health Division, said the project for inter- new building for the Tubman Family Alli- $1 million to demolish a severely dam- connection between the Minneapolis and ance Violence Prevention Center. Dusso aged building on the Minneapolis campus, St. Paul water systems would cost a total said investment in the work done by the almost $26 million to construct a new of $40 million, but the proposal request is alliance will ultimately reduce costs to 100-bed nursing care facility on the Min- for $10 million. Steve Schneider, St. Paul society. Skoe also presented a proposal for neapolis campus, an additional $227,000 Waterworks, said the bonding request is the St. Paul Gillette Hospital. He said the to allow a renovation project at the for capital cost, not maintenance. request is for planning and design funds Silver Bay campus to proceed, and $7.835 Several Department of Human Ser- for expansion of the facility. Margaret million to upgrade heating, ventilation vices proposals were also heard. Alan Van Perryman, Gillette Children’s Specialty and air conditioning on the Minneapolis Buskirk, manager, State Operated Servic- Healthcare, said the hospital is currently campus. Additional requests from the es, described proposals to expand program engaged in phase I of an expansion pro- department, not included in the gover- capacity for the Minnesota sex offender gram and the request is for planning phase nor’s proposal, include $6.655 million to program at Moose Lake, system wide asset II of the program. Sen. Mary Olson (DFL- construct 30 units of supportive housing preservation, system wide campus rede- Bemidji) presented a request for $977,500 in Hastings, $9.97 million for a 21-bed velopment, and remodeling of the west for demolition of buildings and infrastruc- special care unit for Alzheimer’s and wing of the Miller Building at the Anoka ture at the former Ah Gwah Ching facil- dementia residents in Fergus Falls, $7.9 Regional Treatment Center. The Moose ity in Walker, Minnesota. Olson said the million to construct a new 90-bed facility Lake proposal, which requests $90 mil- county has plans for reusing the facility, in Kandiyohi County, $2.3 million for a lion, is to provide an additional 400-bed but that before redevelopment there must new security system on the Minneapolis secure residential facility, appropriate pro- be removal of asbestos and other regulated campus, and $11.351 million to remodel a gram areas and ancillary space. Sen. Tony materials. The final proposal was a request building on the Minneapolis campus. Lourey (DFL-Kerrick) said he had drafted for $300,000 for pre-design finalization for In addition to the bonding propos- a bill incorporating the proposal. He said a west central multi-county secured treat- als, Dyrud and Acevedo briefed division

9 Committee update members on a recent Minnesota Depart- justice system was central to the panel’s Public Safety Budget Divi- ment of Health investigation of a com- work. plaint at the Minneapolis Veterans Home. Gomez said it quickly became clear sion The complaint centered on an allegation to the committee that there is a large of inadequate medication administration number of individuals who are no more Training facility proposals heard procedures resulting in medication errors. likely than the next person to com- The Public Safety Budget Division Dyrud, Acevedo and other department mit a crime, but who are barred from devoted the first hearing of the year Wed., staff discussed the investigation, remedial employment by outgrown misdemeanor Jan. 13, to reviewing a number of bond- efforts, and ongoing staffing issues at the convictions, minor misdemeanor convic- ing proposals for fire and police training home. tions, vacated and dismissed convictions, centers in various parts of the state. The The early childhood bonding pro- petty misdemeanor violations, dismissed division, chaired by Sen. Linda Higgins posal, sponsored by Sen. Tarryl Clark charges, stays of adjudication, one-time (DFL-Mpls.), took no formal action on (DFL-St. Cloud), provides $5 million for delinquency adjudications and arrests the proposals. After completing a series the existing early childhood learning and not leading to charges. Those individu- of hearings on various bonding proposals, child protection facilities grant program. als are being treated as though they had members will forward their recommenda- The proposal also modifies the grant serious criminal records, and improving tions to the Capital Investment Commit- program to prioritize centers in areas with collateral sanctions policy and practice is tee. higher percentages of children living in a matter of basic fairness, Gomez said. She Sen. Tom Saxhaug (DFL-Grand poverty, projects involving collaboration, said the committee’s recommendations Rapids) described a proposal requesting projects increasing childcare workers’ include educating school administrators $1.431 million for a fires and hazardous wages, and projects that use YouthBuild to and counselors about collateral sanc- response team facility in Grand Rapids. construct facilities. tions, making collateral sanctions easy to Steve Flaherty, fire chief, and Marlyn Hal- identify, educating the public, reducing vorson, first assistant fire chief, described convictions by establishing diversion pro- the need for the facility and said the Judiciary grams, standardizing formats for criminal purpose of the project is to provide a state- of-the-art venue for various emergency Board on Judicial Standards ap- history reports, regulating data miners and providing employer incentives. The full response agency training. The facility pointment okayed report may be found at: http://www.msgc. would provide training for all emergency The Judiciary Committee, chaired state.mn.us/projects/collateral_sanctions/ response agencies in Northern Minne- by Sen. Mee Moua (DFL-St. Paul), met Collateral_Sanctions_Report_2008.pdf sota. Sen. Betsy Wergin (R-Princeton) Thurs., Feb. 14, to consider an appoint- The committee also reviewed the authored a bill, S.F. 2330, appropriating ment to the Board on Judicial Standards Criminal and Juvenile Justice Informa- $3 million for a regional public safety and to hear two reports. tion Policy Group’s report on background facility in Princeton. City officials from Princeton spoke in support of the project. Members approved the appointment checks and the sealing of criminal records. S.F. 1958, sponsored by Sen. Ann Lynch of Jon M. Hopeman to the Board on Debbie Kerschner, chair, Criminal and (DFL-Rochester), provides $3.25 million Judicial Standards. The Board on Judicial Juvenile Justice Information Task Force, Standards investigates allegations of mis- for the Southeastern Minnesota Regional and Steve Holmgren, first vice chair of the Public Safety Training Center. A bill, conduct by Minnesota judges and referees task force, outlined the report’s findings. S.F. 574, authored by Sen. Claire Robling and recommends discipline to the Min- The recommendations include requiring (R-Jordan), provides $3.2 million for a nesota Supreme Court. Hopeman serves background checks be more consistent regional public safety training center in as an attorney member on the board. and guided by uniform principles, specify- Scott County. Sen. Paul Koering (R-Fort In other action, members considered ing that expunged records be accessible to Ripley) sponsored a measure, S.F. 2487, the report and recommendations of the the courts, law enforcement, prosecutors, appropriating $5 million for a tier-3 2007 Collateral Sanctions Committee and probation officers and corrections officers homeland security and emergency man- the Criminal and Juvenile Justice Infor- without a court order, specifying that agement training and exercise center at mation Policy Group’s report on back- expunged convictions still be considered Camp Ripley. Koering said the project will ground checks and the sealing of criminal convictions for purposes of gun laws, include a classroom facility and several records. sex offender registration, expungement facilities for field response training. Sen. Former judge Isabel Gomez, who proceedings, subsequent prosecutions and Bill Ingebrigtsen (R-Alexandria), carried currently services as executive director statutorily mandated background checks a measure, H.F. 2668, providing $10.5 mil- of the Minnesota Sentencing Guidelines and specifying that expungements should lion for a law enforcement center addition Commission, presented the findings of the be more uniform across all government and the renovation of existing space at Collateral Sanctions Committee. Gomez entities and that there should be a statu- Alexandria Technical College. The final said the committee chose to define the tory remedy. The report also describes fac- bill, S.F. 2508, sponsored by Sen. Kevin term “collateral sanctions” as a punish- tors to consider when deciding whether to Dahle (DFL-Northfield), provides $6.04 ment that results from a crime, but is not issue an expungement order and outlines million for a public safety and regional imposed by a judge as part of criminal who should be statutorily eligible to peti- emergency operations center in North- sentence. She said the broad range of tion for expungement. The full report may field. negative consequences on employment be found at: http://www.crimnet.state. Tim Leslie, assistant commissioner, that result from contact with the criminal mn.us/ Dept. of Public Safety, spoke in support of

10 the tier-3 homeland security and emer- Communications Committee. In addition, the party platform. The political parties gency management training and exercise Sen. Gen Olson (R-Minnetrista) replaces are functionally similar to other private center at Camp Ripley. Leslie said the Neuville on the Finance Committee, Sen. groups like the Lions and Rotary, he said, proposal is also an opportunity to leverage Pat Pariseau (R-Farmington) replaces and government should not tell parties federal funds to provide comprehensive Neuville on the Judiciary Committee, and or other groups how to run their internal homeland security training. The center at Sen. Warren Limmer (R-Maple Grove) affairs. Holding a primary election would Camp Ripley is centrally located, a way to replaces Neuville on the Public Safety not eliminate the need for caucuses to plan, train and exercise to meet national Budget Division. The Finance Committee start that process, Carey said. Holding priorities and at the same time be avail- membership was also increased with the both a primary and a caucus, he said, able to local jurisdictions, private and addition of Sen. Michelle Fischbach (R- would push control of the parties into not-for-profit partners, Leslie said. Paynesville), Sen. Leo Foley (DFL-Coon fewer hands, because many citizens would Higgins said the division needed to Rapids), Sen. Linda Higgins (DFL-Mpls.), believe they had done their duty simply know how the bills fit with the master Sen. Claire Robling (R-Jordan), Sen. Da- by voting in the primary. He said that plan for training facilities developed vid Tomassoni (DFL-Chisholm) and Sen. Washington, which has a similar popula- several years ago. “We need to make sure Jim Vickerman (DFL-Tracy). tion to Minnesota, operates a dual system the state’s needs are met,” she said, “but and had only 9,000 attendees at the we also need to know how the proposals Washington Republican Party caucuses. fit together.” State and Local Government Broader and deeper participation should Operations and Oversight be a common goal, he said. Carey also noted that requiring an additional primary Rules and Administration Presidential caucuses discussed would impose costs on taxpayers at either Opening resolutions okayed The recent political party caucuses the local or state level. The Rules and Administration Com- were the focus of an evening meeting of mittee met Tues., Feb. 12, to consider the State and Local several routine opening day resolutions. Government Op- The panel, chaired by Sen. Lawrence erations and Oversight Pogemiller (DFL-Mpls.), also reviewed Committee, Wed., membership changes for various commit- Feb. 13. The panel, tees and approved a motion to spend ad- chaired by Sen. Ann ditional funds to replace members’ laptop Rest (DFL-New Hope), computers. heard from a pano- Several resolutions were adopted, ply of party officials, including a resolution setting the dates for caucus attendees, a this year’s committee deadlines. S.C.R. political scientist and 8 sets Fri., Mar. 14, as the first commit- the secretary of state tee deadline. The first deadline is the on the process used to date by which Senate committees must gauge Minnesotans’ act favorably on bills originating in the preferences among Senate. Wednesday, Mar. 19, the second presidential candidates. committee deadline, is the date by which The Feb. 5 caucuses Senate committees must act favorably on set attendance records bills originating in the other body. The for both the DFL and final deadline, Fri., Mar. 28, is the date Republican parties, by which the Senate Finance Committee with over 250,000 must act favorably on major appropriation attendees between the and finance bills. two parties. Other resolutions relating to expenses Ron Carey, chair of for interns and law clerks, postage and the Minnesota Repub- mileage were also approved. lican Party, said there A number of committee membership is a widespread misun- changes were also reviewed. Sen. Kevin derstanding about the Dahle (DFL-Northfield) was elected in a role of caucuses. They January special election to replace Sen. are not about electing Thomas Neuville (R-Northfield). Neu- candidates to office, he ville was appointed a district court judge said, but are internal and resigned his seat effective Jan. 1, party events designed 2008. Dahle was assigned to the Com- to start a process for South American folk musician Mauricio Ochoa performs in merce and Consumer Protection Commit- selecting party leaders, the Capitol Rotunda, Thurs., Feb. 14 as part of a presen- tee, the E-12 Education Budget Division endorsing candidates tation about Minnesota’s diverse communities. and the Energy, Utilities, Technology and for office, and amending Photo by A.J. Olmscheid

11 Committee update The Independence Party is in unique sey said the state should have both a pri- are homebound and usually vote by mail situation as a state party without a nation- mary and a caucus. A huge proportion of cannot participate. The saying that “the al counterpart, said Craig Swaggert, party attendees thought this was a primary and world is run by those who show up” may chair. A lot of people were upset because treated it that way, he said. He suggested be true, but is not morally right, she said. they didn’t get to vote in the way they the state consider adding state and local Barrett Johanneson of Minneapolis said thought they should, he said. The party races to an early primary. Joel Bergstrom, the caucus process disenfranchises those is conducting a virtual online caucus this chair of the Senate District 60 DFL, said who are away from home on caucus night, year, he said, to help people overcome the the caucus system can and does work with work during the evening, or have child- barriers of a traditional one-night caucus. appropriate planning. The district regu- care issues. The system collapsed because Rest said that though they were in- larly has the highest turnout in the state, it was overwhelmed by the number of vited, neither the chair nor associate chair he said. There are often 4,000 to 6,000 people who wanted to participate, he said. of the Minnesota DFL could attend. In attendees, he said, and this year’s turnout It should be easy to help select our leaders, lieu of their presence, the state party asked was over 13,000 attendees. I see no reason he said. the leaders of several local party units to to switch away from the caucus system, Rick Stafford, a former DFL state attend the meeting, she said. P.J. Voysey, Bergstrom said, and the value of the civic chair, suggested having a binding presi- chair of the Senate District 37 DFL, said participation cannot be calculated. dential primary in early February with over 3,000 people attended caucus at a Caucus attendee Mary Jean Turinia abbreviated voting hours, from 7 a.m. to location that was told to expect 1,500 and Anderson, a Roseville resident, said 7 p.m., followed by precinct caucuses for for which the past attendance record was many people encounter significant bar- other party business at 7:30 p.m. In non- 600. Of the 3,000 who cast a presidential riers to participation. In addition to the presidential years, he said, nothing would preference ballot, he said, 1,300 stayed for logistical barriers that resulted from high be different from the current process. The the remainder of the caucus process. Voy- turnout this year, she said, people who caucus system has limited participation

As Senators debate the merits of a proposed constitutional amendment to raise the state sales tax to benefit the outdoors and arts, Sen. Paul Koering (R-Fort Ripley) carefully examines a copy of the House vote tally on the legislation, Thurs., Feb. 14. Photo by David J. Oakes

12 and diversity on several fronts, Stafford counties and school districts, are normally $3.7 million a year for 40 additional state said. He urged members to strike while prohibited from meeting or sponsoring troopers. the iron is hot. Minnesotans do not care events that conflict with political party The bill was amended to provide a about what pleases party leaders, Stafford caucuses. However, because the parties low income motor fuels tax credit of $25 said, but care about enhancing public chose to caucus in February instead of on for most income tax filers and a $12.50 participation in the political process. the statutory March date, Rest said, public credit for married filers filing separate. Kathryn Pearson, a political science entities should not be required to forego That initiative will be funded by the mo- professor at the University of Minnesota, normally-scheduled meetings and events. tor vehicle leasing tax increase, Murphy said the virtues of the caucus system are The bill was recommended for place- said. Another amendment exempts overshadowed by its flaws. Turnout would ment on the Consent Calendar. S.F. 2511 certain bridges determined to be in good have been greater if Minnesota had used reestablishes advisory groups that were working condition from maintenance a primary system instead of a caucus eliminated last year, including the health otherwise required by the bill. system in 2008, she said. Minnesota had care peer review committee and advisory Policy included in the bill directs the a 17-point lead over California in turnout committees for the Minnesota breeders’ commissioner of transportation to develop at the 2006 general election, she said, but fund. The measure was re-referred to the an accelerated program to repair and in 2008 Minnesota’s caucus turnout was Judiciary Committee. replace trunk highway bridges, develop an 25 percent lower than California’s primary inventory of bridges that qualify as priority turnout. projects, and classify all bridges into three These are internal party meetings, Transportation Budget and tiers based on sufficiency rating and traffic said Secretary of State Mark Ritchie, but Policy Division volume. the Secretary of State’s Office has two Proposed changes to the county state statutory duties regarding caucuses: facili- Transportation package gains aid highway formula would result in an- tating public information about the cau- The transportation omnibus bill, nual funding increases of about 15 to 20 cuses and reporting the results of the straw sponsored by Division Chair Steve percent for each county under the bill. polls for president or governor. The office’s Murphy (DFL-Red Wing), was heard in “For small communities, this is the differ- tools held up under high demand, he said, the Transportation Budget and Policy ence between being able to do work and and the staff did a very good job thanks Division Wed., Feb. 14. S.F. 2521 pro- not being able to do work,” said Murphy. to cooperation from the political parties vides $169.7 million in FY 2009 new and the media. Ritchie noted that neither revenue and $615.6 million in the FY the DFL nor Republican Party’s results are 2010-2011 biennium for transportation completely in, but both are within roughly needs through a combination of gasoline a percent of final, statewide reporting. At and license tab tax increases and bonding. the national level, he said, the parties are The funds will be used for expenditures talking about significant changes to the including infrastructure maintenance, 40 Historical database available presidential nomination process. Min- additional state troopers, and increased The Legislative Reference Library nesota’s elections officials at all levels are aid for county and municipal roads. has developed a database, “Legislators Past and Present,” containing information professionals who would implement a The committee okayed several au- about Legislators who have served since primary system well, if the Legislature de- thor’s amendments intended to align the cided to go that route, he said. However, territorial times. The database’s informa- provisions with the other body’s version the main concern is likely to be about the tion was compiled from official legislative and approved the bill on a voice vote. cost, he said. directories, obituaries, news clippings, The bill raises significant funds for Senators also reviewed, but took no family files and other sources. It contains action on, a bill proposing a nonbinding the state’s transportation system, Mur- information about terms of service, educa- presidential primary. S.F. 1527, authored phy said. Revenue generators include a tion, occupation, party or caucus affilia- by Sen. Dan Larson (DFL-Bloomington), five cent phased-in gas tax increase that, tions, leadership positions, represented provides for state funding of the presiden- according to current language, would be communities and more. tial primary. Debra Skogen, Fridley city indexed. A half percent Metro Area sales The database also includes informa- clerk, questioned the need for a nonbind- tax increase, a $20 new vehicle excise tion about Minnesota Legislators who ing primary. The proposal adds work for tax in the Metro Area, a debt service served in other government functions, local election officials merely to assist the surcharge, removal of tab fee increase ranging from the local level to the na- parties in gathering what may be non- caps, a vehicle registration tax increase, tional level. It even indicates which Min- reflective data, she said. Changes to the dedication of the motor vehicle lease tax, nesota Legislators also served in another caucus process could improve the situa- a rental car tax increase from three per- state’s legislature. (There were five: Cyrus tion, Skogen said, and she urged the panel cent to five percent, and trunk highway Aldrich in Illinois, Francis Cornell in to act slowly in considering changes. bond authorization of $650 million raise New York, Mark Dunnell in Maine, Willis In other action, members advanced revenue in the bill. Gorman in Indiana and Knute Nelson in two pieces of legislation, both authored A total of $46.4 million per year Wisconsin.) by Rest. S.F. 2428 permits public entities would be added to base funding for in- “Legislators Past and Present” is avail- to hold meetings and events after 6 p.m. frastructure maintenance under the bill. able online at http://www.leg.state.mn.us/ on March 4, 2008. Public entities, such as The measure also provides an additional legdb/index.asp

13 Senate Briefly

Page 2 Highlights

Page 4 Committee update

Steven Gardiner with John Can- ning Studios puts the finishing touches on one of several ornate stencils on the third floor of the Capitol. Photo by A.J. Olmscheid

February 22, 2008 Senate Highlights Transportation package passed in the bill ensures that every fracture- David Hann (R-Eden Prairie) opposed The Thurs., Feb. 21, floor session was critical bridge in the state with a rating the motion, questioning what urgency devoted primarily to debate on the omni- of 50 or less will be rehabilitated by 2018. demands ignoring routine procedures. We bus transportation funding package. Chief He said the changes in the county state- should honor the spirit of the three read- Author Steve Murphy (DFL-Red Wing) aid highway fund distribution formula are ings requirement, he said, which is that described the bill’s provisions and made supported by all 87 Minnesota counties. we examine bills and take our time before opening remarks about the bill. Members Sen. Scott Dibble (DFL-Mpls.) passing them. The motion to suspend the then recessed until mid-afternoon before explained the transit portions of the bill. rules prevailed, 45-21. debating the measure and offering amend- He said the funding for transit includes Murphy highlighted the major ments. an increase in the sales tax in the Metro substantive differences between H.F. 2800 Murphy said the bill, S.F. 2521, is this Area. Dibble said the transit portions of and the earlier proposal. This bill provides year’s version of a comprehensive trans- the bill will put the Twin Cities in the for only $6.6 billion in new spending, portation funding package. “We have all same league as other vibrant metropolitan he said. The reduction is due to a lower heard of the dire needs in our transporta- areas. Metro Area sales tax, he said. The bill tion systems,” Murphy said, “If we use This bill is the future of Minnesota provides for a quarter-percent Metro Area the funding streams in the bill, both for transportation, Murphy said. The legisla- sales tax dedicated to transit. The measure roads and transit, we will be able to meet tive auditor’s report made it clear that if also limits the taxing area to the seven the transportation needs of the expected we wait any longer, we will be beyond core counties. One addition to the bill influx of 1 million people in Minnesota critical mass, he said. If we wait to pass is the creation of a task force to address over the next 10 years.” Minnesota is not a comprehensive bill, he said, our state overbilling and cost overruns on trans- the only state in this situation, but what will continue its economic slide and our portation projects. The ten-year need in distinguishes Minnesota is how quickly system will deteriorate further. We can- transportation is $20 billion, but the bill our transit ways are deteriorating, Murphy not borrow our way to prosperity, as the provides less than a third of that, Murphy said. governor proposes, Murphy said. Borrow- said. The bill is a multi-modal transporta- ing is one of the major reasons why we are “This is the mother lode of transpor- tion package that includes funding for seeing roadways deteriorate, he said. tation bills,” said Sen. Dick Day (R- roads, bridges, transit and waterways, In a recession, this bill proposes to Owatonna). It costs an average of $250 Murphy said. He said the bill also includes raise taxes, said Sen. Julianne Ortman per person every year, he said. Day said authorization for the Dept. of Transporta- (R-Chanhassen). The funds to pay for the state has been putting hundreds of tion to spend all federal money received this bill will come out of the pockets of millions of dollars into Metro Area transit for the I-35W bridge and funding for hard-working Minnesotans who are barely projects. We have been taxing every- an additional 40 state troopers. He said getting by, she said. Thousands of our resi- one in the state to benefit less than five the measure includes an increase in the dents who have lost their jobs and homes percent of the people, he said. Day said gasoline tax and a surcharge to pay debt will have to come up with dollars they the state should end its obsession with rail service on the bond proceeds appropria- do not have to pay these taxes, Ortman transit and invest in buses and roads. tion in the bill. Murphy said the funding said. Minnesotans’ biggest concern is not Sen. Ray Vandeveer (R-Forest Lake) transportation, she said, it is the economy, offered an amendment deleting the lo- including jobs, mortgages and other debt. cal option sales tax provisions from the Senate Briefly is a publication of We should wait for a week or so to get the bill. In a recession, many states and the the Minnesota Senate Publications economic forecast and act deliberately, federal government are lowering taxes Office. During the regular Legislative she said. or issuing rebates, not raising taxes, he Session, it is produced weekly. The We cannot fix overnight what we said. The sales tax is the most regressive publication is a service of the Minne- destroyed over the course of 20 years, said tax, Vandeveer said, and there is no good sota Senate. It can be made available Sen. Michael Jungbauer (R-East Bethel). reason to do a bad thing. Murphy opposed Only 0.7 percent of our general fund goes the amendment, saying it guts the bill. in alternative formats. to support transportation, he said. More The amendment failed, 19-47. Sen. Claire of the general fund should be directed to Robling (R-Jordan) offered an amend- Editor/Writer: transportation, he said. We need this kind ment subjecting the Metro Area sales tax Karen L. Clark of money for transportation, he said, but to a referendum. The local option sales this bill is regressive and poorly timed. “I taxes for Greater Minnesota are subject Assistant Editor/Writer: will not tax the citizens at a time they can to popular vote, she said, and Metro Area Joshua A. Dorothy least afford it,” Jungbauer said. residents should be treated equitably. The After an hours-long recess to await amendment was rejected, 24-43. Writer: the vehicle bill from the other body, mem- An amendment requiring the gas tax Danielle Cabot bers reconvened and set aside the Senate and vehicle registration tax increases in measure in favor of its companion, H.F. the bill to be taken proportionally out 2800. Majority Leader Lawrence Pogemi- of rest of budget at the end of each fiscal Photographers: ller (DFL-Mpls.) moved to suspend the year, and rebating the funds to taxpayers, David J. Oakes rules in order to consider the bill without was offered by Jungbauer. The amendment A.J. Olmscheid three readings on separate days. Sen. failed on a voice vote. Sen. Chris Gerlach

2 (R-Apple Valley) offered an amendment changing the county state-aid highway (CSAH) formula. Under the amendment, all CSAH funds would be allocated based on a 40 percent vehicle registration and 60 percent need formula. Speaking against the amendment, Murphy said the new CSAH formula in the bill was agreed to by all 87 counties. We should not upset a hard-won agreement, he said. The amend- ment was defeated, 12-55. Sen. Warren Limmer (R-Maple Grove) offered an amendment offsetting the transportation tax increases with a re- duction in income tax rates. The amend- ment was ruled not germane; the ruling was upheld, 45-21. Ortman offered an amendment removing language limiting the availability of a lower-income gas tax credit to United States citizens or persons lawfully present in the United States. Limiting the tax credit in this way is a major policy to be adopted in a transpor- tation bill, she said. Having this provi- sion in the bill shows how quickly and absent-mindedly we are acting on this bill, Ortman said. She said no consideration has been given to how the citizenship or residency limitation will be enforced. The amendment failed, 12-54. Vandeveer offered an amendment limiting the gas tax increases in the bill to five cents a gallon, dedicating the remaining revenue to pay the debt service on bonds, and reducing the income tax rate for the lowest tier of income earners. The amendment was defeated, 18-48. Sen. David Senjem (R-Rochester) moved to lay the bill on the table until Mar. 5. Senjem said the bill was being rushed to passage before the state of the As debate on a proposed transportation funding bill lasts well into the evening of budget is known. Hann spoke in support Thurs., Feb. 21, President of the Senate James Metzen (DFL-South St. Paul) looks of the motion. “It would be wise to lay the over a copy of the bill. Photo by David J. Oakes bill aside until we hear the budget forecast next week,” he said. The motion failed on first is that the bill was built on a strategy gous step forward in helping to broker a a 21-45 roll call vote. to override a veto, Michel said. The sec- compromise to make the bill possible.” He Sen. Betsy Wergin (R-Princeton) ond is that it is as if we have blinders on, said the chamber knows that the way to said she had grave concerns about adding because we are in an economic downturn, prosperity is by having a seamless trans- to the sales tax rate. There is only one he said. “Our number one job here is to portation system. “This is serious business, another state that has a rate as high as 6.5 get the economy going again,” Michel lives are at stake,” Murphy said, “Let’s percent, Wergin said. Minnesota’s average said. vote for the bill and vote for Minnesota.” per capita sales tax is over than $100, Dibble responded, “We share the The bill was granted final passage on which is higher than other states, she goal of trying to get the economy growing a 47-20 roll call vote. said. She urged members to defeat the bill. again, but we have let the transportation Earlier in the day the Senate granted Hann said, “This is very unorthodox; we system deteriorate so much we can’t get final passage to one bill on the Consent are passing a tax increase without know- the economy going because we are stuck Calendar. S.F. 2428, authored by Sen. ing our true financial situation.” in traffic.” If we fail to pass the bill, we fail Ann Rest (DFL-New Hope), allows local Geoff Michel (R-Edina) said, “I don’t to invest in our economy, Dibble said. units of government and school districts think this will become law.” There are two Murphy said, “Today, the state Cham- to hold meetings and events after 6 p.m. fundamental flaws in the bill, he said. The ber of Commerce took a bold and coura- on Mar. 4. Rest said the bill is needed

3 Senate Highlights because the date was statutorily set before include any other claims that arose after and stating that the findings are not an precinct caucuses were moved to the August. The bill also creates an alterna- admission of liability by the state. February date by the parties. tive compensation process specifically for bridge collapse victims. It creates a OLA bridge report heard Bus accident victims mourned special master panel to consider claims, The Joint Bridge Collapse Investiga- Senators met for a brief floor session make settlement offers and enter into tive Committee chaired by Sen. Steve Wed., Feb. 20, to process bill introduc- settlement agreements. The bill requires Murphy (DFL-Red Wing) and Rep. tions and facilitate the movement of bills claims to be filed within six months of its Bernie Lieder (DFL-Crookston) met between committees. Sen. Dennis Fred- effective date and settlement offers to be Fri., Feb. 22, to review the Office of the erickson (R-New Ulm) asked members to made with one year of the effective date. Legislative Auditor’s report on the state stand in a moment of silence in sympathy Under the bill, settlement offers must be of Minnesota’s highways and bridges. The and empathy with the students and fami- based on total damages incurred. Addi- complete report can be found at: http:// lies involved in a school bus accident in tionally, settlement offers must be reduced www.auditor.leg.state.mn.us/ped/2008/ Cottonwood, Minnesota, the day before. by collateral source reductions, payments trunkhwy.htm. Frederickson said four children were killed made from the emergency relief fund, in the accident and 12 others were hospi- and any payments made by third-party talized. Two adults were also taken to the wrongdoers. The bill limits settlement of- hospital, Frederickson said. fers to $400,000 per victim but waives the $1 million per-incident cap. The measure requires victims who accept settlement Committee update Brief session held offers to release the state from all liabil- Senators gathered for a brief floor ity arising from the bridge collapse. The Agriculture and Veterans session Mon., Feb. 18, in order to process bill prohibits entities required to make bill introductions and facilitate the move- payments to victims, or that have already Budget and Policy Division ment of bills between committees. The made payments to victims, from reducing Senate recessed pending the arrival of the their required payments or seeking recov- Dairy report, livestock grant and Finance Committee report advancing the ery from the victim. land preservation bills heard transportation funding package, S.F. 2521, No amount of money the state offers The Agriculture and Veterans Budget to the Taxes Committee. to pay will ever bring anyone back, Latz and Policy Division, in its role as a free- said. However, monetary compensation is standing policy committee, began its Bridge collapse fund okayed the system we have and we work within meeting, Tues., Feb. 19, with a presenta- A proposal to compensate persons its bounds, he said. Latz acknowledged tion by Minnesota Milk Producers (MMP) harmed by the I-35W bridge collapse was that the proposal, if enacted, sets a signifi- about the state of the dairy industry in the focus of an evening meeting of the Ju- cant precedent for the future. The bridge Minnesota. Two bills were also presented, diciary Committee, Tues., Feb. 19. Mem- collapse was unique in some ways, espe- one providing livestock investment grants bers, chaired by Sen. Mee Moua (DFL-St. cially in its scope, he said. Analytically, and the other addressing community de- Paul), advanced the measure, S.F. 2824, to however, it is no different than any other velopment. The committee is chaired by the Commerce and Consumer Protection claim against the state, Latz said. Com- Sen. Jim Vickerman (DFL-Tracy). Committee. pensating the injured and the families Pat Lunermann, president of MMP, Senate Counsel Kathleen Pontius of the deceased is the right thing to do, said that Minnesota’s dairy farmers are reviewed the background of the pro- he said. Completely ignoring the current introducing robot milkers, a focus on cow posal. She said the starting point of any scheme of caps for government would be comfort and practices such as rotational suit against the state would be whether unfair and inequitable to taxpayers and grazing into the industry. Lunermann the state was at fault for any harm and to those who have been or will be hurt in outlined the industry’s priorities for 2008, whether the state was immune from suit other situations, he said. We do not need including a consistent permitting process based on the case’s facts. If the state could to feel compelled to shoulder 100 percent that allows modernization, cost-share be held liable, she said, a statutory cap of the liability, Latz said, because other, funding for environmental clean-up for all on state liability would limit individual private parties could be held liable for producers, a dairy investment credit, per- awards to $300,000 and the total liabil- their fault in the collapse. The proposal is manent milk truck weight exceptions, and ity for the incident to $1 million. The balanced and well-reasoned, he said. a milk in schools program. Lunermann $300,000 cap was raised to $400,000 for Sen. Don Betzold (DFL-Fridley) of- also emphasized the need for community claims arising on or after Jan. 1, 2008, un- fered, and members adopted, amendments infrastructure investment and wastewa- der legislation enacted last year, Pontius changing the deadlines to Oct. 1, 2008, ter capacity upgrades that would allow said. for claims to be filed and Apr. 1, 2009, for expansion of the industry, and improved S.F. 2824, authored by Sen. Ron settlement offers to be made. Hard dates road and bridge infrastructure that would Latz (DFL-St. Louis Park), retroactively are easier for everyone to work with, he attract new business. increases the individual claim cap to said, instead of having to calculate dates Lunermann also mentioned the long $400,000 to Aug. 1, 2007, in order to based on the legislation’s effective date. term goal of creating a dairy research include the bridge collapse. Pontius Members also adopted amendments clari- facility affiliated with the University of said the retroactive increase would also fying the proposal’s findings provisions Minnesota located outside of the metro. Committee update Challenges to the industry include mittee hearings. The bill was re-referred for businesses and streamlined compliance the high cost of oil and energy, which has to the State and Local Government Op- review. DEED would also require busi- increased the cost of feed, fuel, supplies erations and Oversight Committee. nesses to attest to the accuracy of their and labor, said Lunermann. He also cited reports, and provide penalties for late as challenges difficult permitting processes reports under the recommendations. and a potential Minnesota Pollution Business, Industry and Jobs Einess said that the department con- Control Agency fee structure based on the OLA recommends JOBZ overhaul curs with all the auditor’s findings. Einness size of feed lots. The Legislative Auditor’s report on pointed out that the law has been fine The committee then heard testimony Minnesota’s Job Opportunity Building tuned every year, and has a comparatively on S.F. 2704, which provides investment Zone (JOBZ) program provided a mixed low cost to the state versus other tax grants refunding 10 percent of the first review for the Business, Industry and Jobs subsidy programs. $500,000 of qualifying livestock industry Committee, Mon., Feb. 18. The report Gary Smith, president of Rochester expenditures. Wayne Voth, a dairy farmer findings identified three major program Area Economic Development, said that from Lewiston, Minn., said grants would flaws in addition to 15 recommendations the program is important to the area. help with expensive expansion projects, as to improve the program. Sixty percent of jobs in the area are well as with upgrades that would ease the The JOBZ program was passed in dependent on the Mayo Clinic and IBM, environmental impact of old fashioned 2003 to provide tax incentives for busi- said Smith, and JOBZ has allowed the farm infrastructure. nesses to relocate or expand in designated area to diversify its job base. The committee debated setting a zones of low economic development, Senator David Tomassoni (DFL-Ch- floor of $40,000 for qualifying purchases. explained John Yunker, project manager isholm) said the program was in need of While Sen. Gary Kubly (DFL-Granite with the Office of the Legislative Auditor. serious change, not just tweaking, but he Falls) said that a $40,000 floor would However, the auditor’s office has was willing to give JOBZ another chance. arbitrarily exclude smaller operations from determined that the program provides un- Chair James Metzen (DFL-South St. receiving the credit, Sen. David Hann (R- necessary or ineffective subsidies in some Paul), agreed with Tomassoni, but cited Eden Prairie) argued that the bill should cases, suffers from weak administration testimony showing that the program has encourage businesses to grow and be exemplified by poorly written agreements had successful projects. “It’s not all gloom sustainable, not just provide a discount for and ineffective compliance monitoring, and doom,” said Metzen. agriculture. No amendment was made and and does not target economically dis- the bill, sponsored by Sen. Dan Skogen tressed areas, said Yunker. Misclassification discussed (DFL-Hewitt), was laid over for possible Key recommendations would give The Business, Industry and Jobs inclusion in a future omnibus bill. more approval and oversight of the pro- Committee devoted the Wed., Feb. 20, The second bill heard, S.F. 1402, is gram to the Department of Employment hearing to a review of the Legislative sponsored by Sen. Steve Dille (R-Dassel). and Economic Development through Auditor’s Office report on the Misclas- The President Theodore Roosevelt legislation, said Commissioner Dan McEl- sification of Employees as Independent Memorial bill would require counties and roy of DEED, who supports the proposed Contractors. The panel, chaired by Sen. municipalities to consider natural heritage changes. Through implementation of James Metzen (DFL-South St. Paul), also data when updating comprehensive plans, these recommendations, DEED would heard from Commissioner Ward Einess, and consider restricting development to provide clear and specific criteria to cities Dept. of Revenue, Commissioner Steve areas with existing services. The bill also for JOBZ participation, ensure meaning- Sviggum, Dept. of Labor and Industry, and directs county boards and municipalities ful goals, develop an improved uniform Lee Nelson, Dept. of Employment and to include priority provisions in their sample agreement, and provide cost ben- Economic Development, on the various development plans for the preservation efit analyses to cities, said Yunker. departments’ responses to the report. of open land and habitat, and requires A proposed cap on benefits was the Deb Junod, Office of the Legislative counties and municipalities to adopt only recommendation that concerned Auditor, said a relatively small proportion ordinances ensuring the goals of those pri- testifiers McElroy and Commissioner of workers are misclassified, but the nega- orities. Counties and municipalities must Ward Einess of the Department of Rev- tive impacts of misclassification are felt also consider adopting the state’s livestock enue. McElroy said it may not improve broadly and the state response is limited production policy. efficiency or direction of the subsidies to and fragmented. She said misclassifica- Dille said the original intent was those who best qualify. Recommendations tion occurs in many industries and some to prevent fragmentation of agricultural for changes to the program would extend misclassification is intentional to avoid land. The bill also discourages urban benefits for ten years, rather than until the paying unemployment insurance, workers’ sprawl, decreases greenhouse gas emissions program sunsets in 2015, and would target compensation insurance, and Social Secu- and supports smart growth, said Dille. the program to economically distressed rity and Medicare taxes. She said misclas- An attorney for the Minnesota As- areas. sification leads to lost tax revenue and sociation of Townships said that the bill The audit includes seven recommen- puts compliant employers at a competitive includes mandates, and may encourage dations to improve reporting and compli- disadvantage. annexing of land. ance, including allowing DEED to use Junod said the report recommends Vickerman said objections to the bill unemployment insurance non-public data that agencies should standardize criteria, didn’t address agriculture provisions and to validate JOBZ employment. The audit establish information-sharing procedures should be dealt with in appropriate com- recommends a new subsidy reporting form and coordinate enforcement programs.

5 Committee update priority is obtaining $18.197 million to renovate the exterior of the Department of Transportation headquarters building, which has been cited for being unsafe and potentially hazardous by St. Paul and De- partment of Labor and Industry building officials. Commissioner Dana Badgerow said the state may be required to vacate the building for lack of a certificate of oc- cupancy because of the unsafe conditions. Other requests include $15.4 million for asset preservation at the State Capitol, $2.325 million to purchase a property near the Capitol Complex, $3 million for capital asset preservation, and $500,000 to predesign a new State Emergency Opera- tions Center.

Commerce and Consumer Protection Pawn shop bill discussed A bill regulating access to customer data and personal property data main- tained by pawnbrokers and restricting law enforcement access to customer data sparked considerable discussion at the Tues., Feb. 19, meeting of the Commerce and Consumer Protection Committee. Sen. Don Betzold (DFL-Fridley) said the bill, S.F. 2294, defines the data collected by a pawnbroker or secondhand goods dealer regarding a customer; defines database as a data collection system that stores customer data or personal Chris Leith, Sr., chief and spiritual advisor from the Prairie Island Dakota Commu- property data for the purpose of regulat- nity, delivers the opening prayer during the Senate’s Mon., Feb. 18, floor session. ing pawnbrokers or secondhand goods Photo by David J. Oakes dealers; clarifies the definition of report- able transaction; requires a pawnbroker to Junod said the report also recommends a prudent debt limit. To achieve these provide a law enforcement agency with that the Legislature authorize a penalty for goals, she said, the state seeks to keep debt a record of pawn transactions, provided repeated misclassification violations. service payments at no more than three that the data is authorized under Min- The full report may be found at: percent of general fund spending, to keep nesota law; and prohibits a pawnbroker or http://www.auditor.leg.state.mn.us/ the total amount of authorized debt at no secondhand goods dealer from disclosing ped/2007/misclass.htm more than 2.5 percent of statewide per- customer data and personal property data sonal income, and to retire debt quickly. to another person, unless the customer The state retires about 40 percent of consents. The bill also provides that the Capital Investment new debt within five years, and about 70 percent within 10 years, Rankin said. The state or a municipality may require pawn- Debt management discussed procedures and framework the state has brokers and secondhand goods dealers to Members of the Capital Investment had in place for many years have contrib- collect customer data, but may only access Committee, chaired by Sen. Keith Lang- uted to the state’s high bond rating, she it upon written request for specific data in seth (DFL-Glyndon), heard an overview said. Other states have had a hard time connection with a criminal investigation. of the state’s debt management policy, implementing similar programs, Rankin In addition, the bill authorizes a munici- Tues., Feb. 19. Capital Budget Coordina- said, and their bond ratings have not been pality to charge pawnbrokers and second- tor Jayne Rankin, Department of Finance, as high as a result. hand goods dealers a fee of up to $1 per said the policy’s goals are to maintain or Committee members also heard the reportable transaction and an additional regain the highest bond rating, to mini- Department of Administration’s bond fee of 50 cents for administrative costs. mize state borrowing costs, and to provide requests. Assistant Commissioner Nicky Paul Cassidy, director, government a reasonable financing capacity within Giancola said the department’s highest relations, Leonard Street and Deinard,

6 and Brad Rixman, Pawn America, spoke Bridge victims’ fund gains Members were primarily concerned in support of the bill. Cassidy said the A proposal creating a special com- with the measure’s provisions relating to current law governing the Minneapolis pensation process for victims of the subrogation. Subrogation is the right of Automated Pawn System (APS), which I-35W bridge collapse was approved by a person who compensates someone to was created in 1997 and provides a tool members of the Commerce and Consumer step into the second person’s shoes for the to assist law enforcement in tracking Protection Committee, Thurs., Feb. 21. purposes of seeking reimbursement from pawn store transactions, allows subscrib- The panel, chaired by Sen. Linda Scheid someone else, Latz said. He said the most ers unfettered access to data maintained (DFL-Brooklyn Park), advanced the mea- common example is a health insurance by the database, whether or not there is sure to the Finance Committee. company that pays for its insured’s medical a criminal investigation. He said the cur- S.F. 2824, authored by Sen. Ron expenses after a car accident. The health rent APS system is vulnerable to random Latz (DFL-St. Louis Park), retroactively insurer seeks subrogation by pursuing the examination of personal information increases the cap on individual claims injured insured’s claims against another because there is no mechanism to monitor against the state to $400,000 to Aug. 1, driver, he said. or audit access to the APS. In addition, 2007, in order to include the bridge col- Scheid offered an amendment requir- he said some municipalities charge a fee lapse. The individual cap was $300,000 ing entities seeking subrogation to assert of as much as $3 per transaction to fund until Jan. 1, 2008, Latz said. A long- their claims within 60 days of the panel municipal oversight of pawnshops. standing $1 million limit on the state’s determining an award for a victim. Under Opponents of the bill said the mea- total liability for an incident remains un- the amendment, a subrogation claim is sure interferes with a municipality’s ability changed under the bill. The bill also cre- waived if it is not asserted within 60 days. to regulate pawnshops. Mayor Scott Lund, ates an alternative compensation process The amendment directs the commis- Fridley, said, “I am adamantly opposed to specifically for bridge collapse victims. It sioner of finance to withhold payment if a the bill because of the illegal activities as- creates a panel of three attorneys, includ- subrogation claim is asserted and to place sociated with pawnshops.” He said the $3 ing one retired judge, to consider claims, the funds in escrow until the subrogation per transaction fee charged by the city was make settlement offers and enter into issue is resolved. If a subrogation claim is needed to hire an extra police officer to settlement agreements. Under the bill, successfully asserted, the amendment pro- monitor the two pawnshops in Fridley. settlement offers must be based on total vides that the award reverts to the state. Betzold said the bill does not do away damages incurred and must be reduced “This is a worthwhile approach,” Scheid with APS nor does it prevent law enforce- by collateral source reductions, payments said, to make clear the state’s intent to ment from accessing data. “The bill simply made from the emergency relief fund, make sure the victims get this money, requires that law enforcement have a and any payments made by third-party not someone else. The amendment was reason to access the data,” Betzold said. wrongdoers. The bill limits settlement of- adopted. Committee Chair Linda Scheid fers to $400,000 per victim, but waives the Sen. Mary Olson (DFL-Bemidji) (DFL-Brooklyn Park) noted that sec- $1 million per-incident cap. The measure offered an amendment providing that ondhand goods dealers were a relatively requires victims who accept settlement the state is entitled to subrogation only recent addition to the bill and that it offers to release the state from all liabil- after a victim has been fully compensated might be appropriate to give interested ity arising from the bridge collapse. The by third parties. Olson said the amend- parties more time to study the measure. bill prohibits entities required to make ment mirrors existing language regarding The bill was laid over and will be heard at payments to victims, or that have already state subrogation and health plans. Latz a later date. made payments to victims, from reducing said he was concerned about whether the The committee also heard a bill, their required payments or seeking recov- amendment was consistent with language S.F. 2390, modifying the collection and ery from the victim. in the bill regarding collateral source pay- use of Social Security numbers. The bill, Latz acknowledged that the proposal, ments, which are received by the victim sponsored by Betzold, clarifies that the if enacted, sets a significant precedent before the state makes a settlement offer. transfer or disclosure of an individual’s for the future. The bridge collapse was Deducting collateral source payments, Social Security number to a third party is unique, especially in its scope, he said. regardless of whether the victim has been allowed if the transfer or disclosure has no Analytically, however, it is no different fully compensated, he said, but not claim- independent economic value to the seller than any other claim against the state, ing funds received after the state makes a or is incidental to a larger transaction and Latz said. Compensating the injured and settlement payment could be inconsistent. if the number is initially collected for the the families of the deceased is the right Olson agreed to withdraw her amendment purpose of identifying the individual. The thing to do, he said. Completely ignoring and continue to discuss the matter with measure also allows the use of a Social the current scheme of caps for govern- Latz. Security number as the primary account ment would be unfair and inequitable to identifier in conjunction with an em- taxpayers and to those who are hurt in ployee or member retirement or benefit other situations, he said. We do not need Economic Development Bud- plan. Steve Johnson, Fair Information to feel compelled to shoulder the entire get Division Practices Coalition, said the bill strikes a liability, Latz said, because other, private balance between businesses and consum- parties could be held liable for their fault All Veterans Memorial heard ers in sharing information. The bill was in the collapse. The proposal is balanced The Economic Development Budget approved and advanced to the Judiciary and well-reasoned, he said, and is sup- Division heard 12 bills Mon., Feb. 18, Committee. ported in principle by the governor. including proposals that would forgive

7 Committee update debt for the St. Paul River Centre and the model relying on a sales tax has not promenade connecting Lions Park to Xcel Energy Center, develop bioscience worked. Kathy Lantry, president of the St. Frogtown Park; a regional trail head park research facilities at the University of Paul City Council, said there is an urgent and shelter; and a canoe portage route. Minnesota, and construct an All Veterans need for debt relief, and funds used to pay The development would be located on a Memorial in Richfield. The commit- the debt would be used instead for future former industrial site. tee, chaired by Sen. David Tomassoni development and maintenance needs. Two proposals sponsored by Sen. Dan (DFL-Chisholm), took no action on the Moua also presented S.F. 2714, ap- Larson (DFL-Bloomington), rounded proposals. propriating $500,000 of bond proceeds to out the hearing. S.F. 730 provides $4.632 S.F. 2318, authored by Sen. Paul purchase and make renovations to office million for the city of Richfield to acquire Koering (R-Fort Ripley), appropriates $2 and program space for St. Paul Youth land for and develop a new north-south million in bond proceeds to the Public Services. Nancy LeTourneau, executive arterial street. The development would Facilities Authority for a grant to the director for St. Paul Youth Services, said create a residential buffer and parkway Garrison, Kathio, West Mille Lacs Lake the program serves kids on the edge and with bike paths next to a new north-south Sanitary District to develop a wastewa- ensures they stay on the right track. runway at Minneapolis-St. Paul Interna- ter collection system in the township of Sen. John Doll (DFL-Burnsville) tional Airport. Garrison, city of Garrison, and Kathio sponsored S.F. 1947, allocating $10 mil- S.F. 2711 provides $200,000 in bond lion for development of the Burnsville Township. Performing Arts Center. Under the bill, proceeds to the city of Richfield for Sen. Lawrence Pogemiller (DFL- at least $15 million must be committed to the design and construction of the All Mpls.) presented his bill, S.F. 2434, which the project from non-state sources. Eliza- Veterans Memorial, being built in the allocates $6.85 million in bond proceeds beth Kautz, mayor of Burnsville, said an city-owned Veterans Memorial Park. The to Minneapolis to acquire land for and arts center would help make arts available All Veterans Memorial will acknowledge design the University Research Park to citizens south of the river, describing it the six branches of military service at the project area near the University of Minne- as a “regional amenity.” Nearly 150,000 first American flag raising of the battle sota-Twin Cities. The project would be people pass through Burnsville every day of Iwo Jima, according to testifiers, and composed of four bioscience buildings and because of its location near major high- will feature a bronze bust of Minnesotan a new road. Mike Christianson, from the ways, said Kautz. Charles “Chuck” W. Lindberg. Lindberg Department of Employment and Econom- S.F. 2772, sponsored by Sen. Scott helped raise the first flag on February 23, ic Development, described Minneapolis as Dibble (DFL-Mpls.), establishes a loan 1945, and spent much of his life educating “a healthcare town,” and said the develop- program funded by bond revenues for the public about the historic event, said ment could attract bioscience commerce local communities to help pay for support- Len Gudmundson, president of Honoring into the area. ing infrastructure to transit areas. Under All Veterans Memorial. The bill says the S.F. 2768, sponsored by Sen. LeRoy the bill, loans or grants may not exceed $2 total cost of the project will be $711,500, Stumpf (DFL-Plummer), requests $12.889 million and may not be used for opera- with the city and nonprofit organizations million in bond proceeds for the design tion of transit. Dibble said the grants will contributing $511,500. and construction of an ice arena complex help communities with the efficient use of land in transit development. Tomassoni to replace an existing facility. The exist- Local bonding projects heard ing arena, also used by the University of suggested that the policy portion of the bill be redirected to the Transportation Members of the Economic Develop- Minnesota-Crookston, must be relocated Committee for review, and that the bond ment Budget Division, chaired by Sen. to accommodate a planned flood control funding mechanism be advanced separate David Tomassoni (DFL-Chisholm), project, according to the bill. Aaron from the policy language. devoted their Wed., Feb. 20, meeting Parrish, Crookston city administrator, S.F. 2504, sponsored by Cohen, to reviewing a variety of local bonding described the project as a flood mitiga- provides $3 million in bond proceeds for proposals. tion project. The bill requires the city redevelopment of Orchestra Hall and S.F. 1919, sponsored by Sen. Joe of Crookston to commit at least $1,721 Peavey Plaza in downtown Minneapolis. Gimse (R-Willmar), appropriates million to the project. Cohen said the orchestra has outgrown $415,000 to the city of Spicer for a S.F. 2705, sponsored by Sen. Mee the space both in size and significance. A historic military airplane enclosure and Moua (DFL-St. Paul), and S.F. 2709, member of the orchestra described prob- visitor center adjoining the Glacial Lakes sponsored by Sen. Richard Cohen (DFL- lems with the acoustics of the stage, in Trail. Gimse said the bill requires an St. Paul), were presented together. S.F. addition to access limitations for disabled equal amount to be raised from nonstate 2705 asks forgiveness for the $41.25 mil- artists backstage. sources. Sen. Thomas Bakk (DFL-Cook) lion remaining state loan for construction A total of $2.118 million is appro- authored a bill, S.F. 2479, reappropriates of the Xcel Energy Center, to be funded priated by S.F. 2366, sponsored by Sen. a grant from the Knife River-Larsmont by bond proceeds. Michelle Fischbach (R-Paynesville), for Sanitary District to the Duluth/North Cohen’s bill, S.F. 2709, provides $43 a grant to the city of Cold Spring. The Shore Sanitary District. Bakk said if no million to pay off the entire amount of grant would fund land acquisition and aid becomes available, some residents bond obligations issued by the city in public facility development, including would be forced to pay $160 per month 1996 for the St. Paul River Centre. Cohen expanded docking facilities, a community for sewer services. said the St. Paul River Centre was the center housing the Cold Spring Public Former Senator Dave Kleis, now the only state convention center built without Library, the Cold Spring History Mu- mayor of St. Cloud, spoke in support of state support, and the initial funding seum, and a senior center; a riverfront S.F. 2413. The bill, carried by Sen. Tarryl

8 Clark (DFL-St. Cloud), authorizes an ap- as a place for young people to gather and Iron Junction to expand the sewer system propriation of $15 million for an expan- will provide space for exercise in an area to approximately 17 properties in the sion to the St. Cloud Civic Center. Clark with a high rate of crime. recently annexed part of the city. said the expansion includes approximately S.F. 2823, sponsored by Sen. Satveer S.F. 2443 appropriates $1.825 million 66,000 square feet of new space and a Chaudhary (DFL-Fridley), appropriates to the city of Virginia for the Mining Haul 300-stall parking ramp. Kleis said the proj- $6 million for the capital costs of envi- Road economic development project. S.F. ect is needed to revitalize the downtown ronmental remediation and installation 2445 appropriates $861,000 to the city of area and to generate jobs and economic of a methane gas collection system in the Gilbert for the city’s wastewater treatment activity in St. Cloud. The bill requires area commonly known as the northwest facility. Tomassoni said both bills require that an equal amount be committed to the quadrant of the city of New Brighton. matches from nonstate sources. project from nonstate sources. Tomassoni carried five bills. S.F. 2439 Members also heard presentations Sen. Linda Berglin (DFL-Mpls.) appropriates $1.2 million to the city of by representatives of the Public Facilities sponsored a bill, S.F. 2121, providing Floodwood for a business park. The bill Authority and the Minnesota Historical $900,000 for an expansion of the Minne- specifies that an equal amount must be Society. Terry Kuhlman, executive direc- apolis East Phillips Cultural and Com- committed to the project from nonstate tor, said the PFA provides low-interest munity Center. Berglin said the additional sources. S.F. 2441 appropriates $25 mil- loans and other assistance to local govern- funds will add a second floor to the build- lion for a 60,000 square foot expansion ments for wastewater treatment and other ing for a wellness center. A portion of the of the Hibbing Memorial Building that public infrastructure projects. Kuhlman bond proceeds are also slated to incorpo- will include an ice sheet for skating and explained the PFA has been very success- rate energy systems that will help create hockey, a pool, a community and fitness ful in leveraging federal funds to help with an ecologically sustainable green building. center and additional parking space. S.F. various projects. Nina Archabal, director, Clyde Bellecourt said the center functions 2447 appropriates $200,000 to the city of Minnesota Historical Society, outlined

Senators Chris Gerlach (R-Apple Valley) and John Marty (DFL-Roseville) consult prior to the Mon., Feb. 18, floor session. Photo by David J. Oakes

9 Committee update the plans for the Fort Snelling restoration and Local Government Operations and bill removes an incentive for libraries to project. David Kelliher, legislative liaison, Oversight Committee. participate in a regional system, describing Minnesota Historical Society, said the Minnesota as “a leader in library coopera- total bonding request is for $36.5 million Early childhood education certifi- tion.” for the upkeep, maintenance and con- Committee members Sen. Terri struction of facilities on the society’s 36 cation variances advance Bonoff (DFL-Minnetonka) and Sen. historic sites and museums. The Education Committee, chaired Patricia Torres Ray (DFL-Mpls.) suggested by Sen. Charles Wiger (DFL-Maplewood), the bill be laid over to give them time to heard two bills Wed., Feb. 20, one learn about the potential effects on the Education addressing early childhood education regional library systems. However, the bill certification and the second allowing all passed on a voice vote and was re-referred Permanent school fund bills heard libraries in the state access to an online The Mon., Feb. 18, meeting of the to the Finance Committee. database. The committee then laid over The committee then laid over the Education Committee was devoted to the governor’s appointments for three reviewing bills related to the permanent governor’s appointments to the Board of education boards for further discussion. School Administrators, the Perpich Cen- school trust fund. The panel, chaired by Sen. Tom Saxhaug (DFL-Grand Sen. Charles Wiger (DFL-Maplewood), ter for the Arts and the Board of Teach- Rapids) sponsored S.F. 2796, allowing ing until committee members have the also heard a bill relating to the establish- for early childhood education certifica- ment of a P-20 Partnership in Education. opportunity to speak with appointees that tion variances. The bill was referred to were not present for the hearing. Wiger Wiger authored two measures the floor. Language in 2007’s education eliminating the permanent school trust said there was no scheduling pressure to bill inadvertently removed the ability to move the confirmations immediately. fund subtraction. S.F. 2422 eliminates the allow an individual who is not certified, permanent school trust fund subtraction but is qualified to teach in early childhood and simplifies education finance. S.F. 2392 education, to be hired under a variance E-12 Education Budget Divi- eliminates the permanent school trust or exception from the Board of Teaching. sion fund subtraction and dedicates permanent Saxhaug’s bill would restore the previous school trust fund revenue for technol- intent allowing for variances and excep- ogy. Both measures were advanced to the Bonding requests heard tions. The E-12 Education Budget Division Committee on Finance. Karen Manske, Chisago Lakes Family devoted the first hearing of the session, S.F. 2811, sponsored by Sen. Ann Center coordinator, said that particularly Tues., Feb. 19, to consideration of several Lynch (DFL-Rochester), also relates to in rural areas, an early childhood certi- bonding requests. The panel, chaired by the permanent school trust fund. The fied professional may not be available for Sen. LeRoy Stumpf (DFL-Plummer), will measure alters the membership of the positions that are often only part-time, send its recommendations to the Capital permanent School Trust Fund Advisory and an elementary education certified Investment Committee for further action. Committee, redefines the committee’s teacher frequently fills the position with a S.F. 2682, carried by Sen. Dan Skogen duties and requires the commissioner variance. A community expert exception of natural resources to report on ways (DFL-Hewitt), appropriates $10 million was also previously available to those who for library accessibility and improvement to maximize the revenue generated could demonstrate competency and skill, from school trust fund lands. The bill grants. S.F. 2360, sponsored by Sen. Linda such as those with childcare experience. Scheid (DFL-Brooklyn Park), appropriates also requires the advisory committee to S.F. 2821, sponsored by Sen. Ann report to the Legislature each year any $3 million for a grant to ISD #279, Osseo, Lynch (DFL-Rochester), states that the for the Northwest Hennepin Family Cen- recommendations for the management Electronic Library for Minnesota (ELM) ter in Brooklyn Center. The bill specifies of school trust lands to secure long-term must be made available through all that at least an equal amount must be economic returns for the fund. The bill public and private media centers without was approved and re-referred to the State restriction. Books, magazines, information committed from nonstate sources. and Local Government Operations and and articles are available electronically Sen. Ron Latz (DFL-St. Louis Park) Oversight Committee. through the online library, explained carried a bill, S.F. 2603, authorizing funds Wiger also sponsored a bill estab- Lynch. Lynch said the original legislation for the Perpich Center for Arts Educa- lishing a P-20 Partnership in Education. directs ELM to be available to all Min- tion. The measure appropriates a total Under the bill, the partnership will have nesotans, not just those with access to a of $999,000 with $206,000 slated for an members from a variety of education library participating in a regional system. update to the master plan and predesign organizations and agencies. Wiger said Audrey Betcher, director of the Roch- for capital project needs for the campus; the purpose of the partnership is report ester Public Library said that five libraries $355,000 designated for asset preserva- on ways to improve access to and the in the state do not have access because tion; $385,000 earmarked for window re- quality of early childhood education, they are not part of the regional library placement in the Delta dorm and $53,000 improve the transitions from early learn- systems, and the database should not be slated for installation of a prefabricated ing to elementary education and from used as leverage to make these libraries storage and workshop building. high school to post-secondary education, join the regional systems. Four bills relating to the state improve educator quality, and develop a Elaine Keefe testified on behalf of the academies in Faribault were carried by statewide student data system. The bill Minnesota Library Association, which is Sen. Dick Day (R-Owatonna). S.F. 2584 was approved and advanced to the State opposed to the bill. Keefe argued that the appropriates $2.716 million for asset

10 preservation on both Minnesota State Alternative pathways into teaching of the contract and any early termination Academies and S.F. 2624 appropriates were also discussed by the committee. fees. The bill also regulates a wireless car- $3.301 million for the renovation of Mott Seagren commented on the potential of rier’s inclusion on a customer’s bill charges Hall on the Minnesota State Academy for inviting industry professionals to enter for goods or services provided by a third- the Deaf campus. Day said both measures teaching during or after successful careers party. Olson said the measure also requires were included in the governor’s bonding in other fields and bringing their exper- the carrier to inform a customer, if the recommendations. In addition, S.F. 2774 tise into the classroom after training in customer accepts or requests a service or appropriates $200,000 to facilitate a day pedagogy. promotion or changes in the customer’s treatment center for deaf and hard-of- Attracting the brightest students to wireless plan, that the acceptance or hearing children with mental health issues pursue teaching in college is another pri- request will result in the extension of the at the Pollard Hall on the Minnesota ority for the governor. Seagren explained minimum contract term or create a new State Academy for the Deaf campus. S.F. ideas to identify exceptional college contract with a minimum term. 2585 appropriates $100,000 to predesign students and encourage them to consider Members adopted an amendment the renovations of Frechette Hall on the teaching. She commented on the rigor- stating that a wireless provider may not by Minnesota State Academy for the Deaf ous standards that potential teachers must contract prohibit complaints to state or campus. Members altered the placement of some of the dollar amounts to reflect meet in other countries, such as Japan. federal agencies or recourse to the courts. priorities outlined by the director, Roxane The final proposal Seagren presented Olson said the amendment puts in place a Mitchell. is a statewide Digital Toolbox for teachers procedure for disputes. S.F. 1422, authored by Sen. Leo and students. The online resource would Karen Olson, deputy attorney gener- Foley (DFL-Coon Rapids), appropri- create a “legacy of experience” for teach- al, said that wireless telephone services are ates $240,000 from the maximum effort ers around the state to access curriculums the number one source of consumer com- school loan fund for a capital loan to ISD and ideas. Sen. Amy Koch (R-Buffalo) plaints and that most of the complaints #11, Anoka-Hennepin, to acquire land commented that capturing the curriculum arise from the length of the contracts. adjacent to Riverview Elementary School of inspiring teachers in her own life would Karen Olson said the bill is tailored to and for improvements of a capital nature have been an invaluable gift for future provide protection to consumers without to develop and restore wetland and native students. conflicting with federal law. Members also prairie habitat on the land. Sen. Julie Stumpf concluded the conversation heard testimony from consumers outlining Rosen (R-Fairmont) sponsored a measure, by addressing continuing challenges to the problems with wireless carriers. S.F. 2608, appropriating $200,000 for a state, particularly in rural districts, includ- Former Attorney General Skip Hum- cooperative facilities grant to ISD #2134, ing declining enrollment, failed referen- phrey, representing AARP, also spoke United South Central. dums, closing schools and consolidation. in support of the measure. He said the S.F. 2548, carried by Sen. Dan Sparks legislation is a good first step in an effort (DFL-Austin), appropriates $950,000 for to help consumers deal with the problems a grant to ISD #242, Alden-Conger, for Energy, Utilities, Technology arising from the lack of clear disclosures in a new multifunction facility in Alden to and Communications wireless contacts. provide various services to all age groups. Wauneta Browne, AT&T, spoke in Several division members, while support- Wireless consumer’s bill heard opposition to the bill. She said the bill ive of the concept, said that the measure A bill, S.F. 833, providing wireless goes beyond the scope of the division’s would cause added expense to the wireless phone consumer protections was the jurisdiction. Members approved a motion phone companies and that many of the to change the bond amount to $180,000 focus of the Tues., Feb. 19, meeting of the provisions would prove onerous. Browne to reflect the education portion of the Energy, Utilities, Technology and Com- said the bill also will result in unintended request. munications Committee. Sen. Mary Olson consequences. She said that the bill as (DFL-Bemidji), chief author, said the written would present difficulties in the measure provides common sense consumer sale of prepaid phones because the terms Teacher development tops gover- protections. “We owe a debt of gratitude of service for the prepaid phones serve as nor’s education priorities for ’08 to the wireless telephone industry because contracts and all of the disclosure require- Commissioner Alice Seagren pre- the products and services they offer have ments would apply. Advances in technol- sented the governor’s education proposals been of great benefit to society,” Olson ogy could also be hampered by the bill, to the E-12 Education Budget Division said. She said the bill is not designed to Browne said. Thurs. Feb, 21. The division, chaired by be onerous on the industry, but to put in The bill was approved and re-referred Sen. LeRoy Stumpf (DFL- Plummer), place consumer protections in areas that to the Commerce and Consumer Protec- joined the commissioner in focusing have engendered numerous consumer tion Committee. discussion on teacher development in the complaints. The first portion of the hearing was math and sciences. Olson said the bill requires a wireless devoted to a discussion of a background Seagren described plans for math and carrier to provide a consumer with a copy of wireless regulation in Minnesota and science academies and institutes for teach- of the contract, provide a coverage map an overview of federal law. Members also ers to improve professional development to the consumer at the time of sale, make heard an informational overview from and content knowledge, respectively. The price and fee disclosures at the time of Mike McDermott, Verizon Wireless, on professional focus would complement new sale and clearly disclose at the time of sale the history and development of the wire- math and science standards, said Seagren. whether a price is guaranteed for the term less telephone industry.

11 Committee update Environment and Natural stakeholders work through and understand a priority, she said. Rest noted that the the draft recommendations and comment Great Lakes account for 85 percent of the Resources on potential impact, feasibility and likely nation’s freshwater and 20 percent of the support. world’s freshwater. Henry VanOffelen, a LCCMR plan heard natural resources scientist at the Minne- Members of the Environment and Ballast water regulation heard sota Center for Environmental Advocacy, Natural Resources Committee, chaired by provided committee members with back- Sen. Satveer Chaudhary (DFL-Fridley), A measure regulating the discharge and exchange of ballast water in Lake ground on VHS and the introduction and met Mon., Feb. 18, to hear the Legisla- spread of non-native species. VHS spreads tive-Citizen Commission on Minnesota Superior was considered by members of the Environment and Natural Resources easily from fish to fish, he said, and is an Resources’ statewide conservation and Committee, Wed., Feb. 20. extremely dangerous pathogen of both preservation plan. The presenters, Jean S.F. 2517, sponsored by Sen. Ann fresh- and saltwater fish. The Duluth- Coleman, David Mulla and John Shard- Rest (DFL-New Hope), requires a permit Superior and Two Harbors ports are the low, said the overall goal of the project is for the uptake, discharge and exchange of two largest receivers of ballast water to achieve a better future for Minnesota’s ballast water in the Minnesota waters of discharge, VanOffelen said, and therefore natural resources. Phase I of the project Lake Superior. The bill requires the com- are at highest risk for the introduction and was aimed at creating a common under- missioner of the Pollution Control Agen- spread of any invasive species. standing of change and drivers of change cy to adopt rules and guidelines regarding “Today’s problem in the Great Lakes affecting natural resources, they said. ballast water and sediment, requires vessel is tomorrow’s problem in the inland Phase II of the project includes prior- owners and operators to maintain onboard lakes,” said Gary Botzek, representing ity area mapping, recommending conser- ballast water record books, and requires the Minnesota Conservation Foundation vation strategies, trend analysis supporting the adoption of a rapid response plan to and Audubon Minnesota. We need to the recommendations and evaluating kill, remove or minimize the spread of fight the threat of invasive species in the conservation strategies, they said. The invasive species in Lake Superior and an Great Lakes, rather than in our thousands Phase II portion also considered energy emergency plan to prevent the introduc- of inland lakes, he said. Botzek said the production and use, agricultural land tion of viral hemorrhagic septicemia need to send a message at the federal level use options and land and aquatic habitat (VHS) into state waters. and the need for the state to act are not strategies, they said. This bill builds on work done at mutually exclusive. Once the states step In late April there will be stakeholder the federal level, Rest said. While we all forward, the federal government will be outreach meetings in three locations would like the federal government to act forced to act, he said. across the state, the presenters said. They responsibly to protect the Great Lakes, it There is a need to take action, said said the purpose of the meetings is to have has not made protecting these vital assets Assistant Commissioner Paul Eger, Pol-

From left, Senators David Hann (R-Eden Prairie), Steve Dille (R-Dassel) and Dennis Frederickson (R-New Ulm) converse in the Senate Chamber during floor debate on a transportation funding bill, Thurs., Feb. 21. Photo by David J. Oakes

12 lution Control Agency. However, there sources was added to the bill with the muting cyclist Dave Pramann. Bloom- is activity at the federal level, he said. It author’s agreement. ington city council member Steve Elkins would be preferable to wait a little while, The Forest Legacy program is request- also said that the bridge would become an while making plans to act if the federal ing $30 million through S.F. 2708, spon- environmental liability if not restored. government does not move on the issue sored by Sen. Tom Saxhaug (DFL-Grand S.F. 2510 sponsored by Sen. Dan this summer, he said. Eger also discussed Rapids). The money would fund purchases Larson (DFL-Bloomington) appropriates detailed concerns with the bill, includ- of privately owned forest land to prevent $225,000 to construct dredge material site ing several areas where the bill called for fragmentation and ensure public access. projects to maintain the port of Shakopee. PCA action that overlaps or conflicts Art Norton, a representative of the Forest Len Kremer, president of the Lower Min- with responsibilities of the Department Legacy Partnership, said that the program nesota River Watershed District, said that of Natural Resources. A representative of has already advanced two-thirds of the local communities have shouldered the the Duluth Seaway Port Authority said way toward meeting its goal of securing full cost for nearly 60 years. ports and vessel owners and operators 75,000 acres. Sen. Amy Koch (R-Buffalo) spon- are concerned about the emergence of a S.F. 2464, authored by Sen. Jim Vick- sored S.F. 2456, requesting $8 million in patchwork of regulations and would prefer erman (DFL-Tracy), requests $300,000 in bond proceeds to acquire the Bertram uniform, federal regulation. bond proceeds to fix a dam in Windom. Chain of Lakes Regional Park from the Because the committee ran out of City Administrator Steve Nasby said that YMCA. Koch described the land as beau- time, the bill was laid over for further the dam is structurally sound, but the Des tiful and pristine. The city and the county consideration. Moines River has extended around the would match state funds. Wright County In other action, the panel, chaired by dam and is eroding the riverbank. Any Park Administrator Marc Mattice said Sen. Satveer Chaudhary (DFL-Fridley), new design would consider DNR recom- that this is an opportunity to preserve the approved a bill classifying the Comfort mendations for protecting fish habitat. park in an area pressured by development Lake-Forest Lake Watershed District as Sen. James Metzen (DFL-South St. and urban sprawl. a watershed management organization. Paul) presented three proposals addressing Sen. Rick Olseen (DFL-Harris) spon- S.F. 2480, authored by Sen. Rick Olseen improvements to trail and park systems in sored S.F. 2563, directing $1.4 million in (DFL-Harris), was advanced to the Taxes his district. S.F. 2466 directs $1.4 million bond proceeds toward the $3.8 million Committee. in bond proceeds to construct a span arch purchase price of Ojiketa Regional Park bridge crossing a county road in South St. land. The property has recently become Paul. The bridge would connect 52 miles available for purchase by the city of Chis- Environment, Energy and of regional trails connecting Hastings to ago. The land was once a Camp Fire Girl Natural Resources Budget the Twin Cities. Anderson said that while campsite, and includes old growth oak they have heard many trail proposals, con- stands and cranberry bogs, said Chisago Division necting systems is a high priority. City Administrator John Pechman. Parks, trails get bonding boost S.F. 2453 requests $4.6 million for The Environment, Energy and Natu- renovations to Heritage Village Park. At Final bonding requests heard ral Resources Budget Division, chaired least $2.3 million must be committed by The Environment, Energy and Natu- by Sen. Ellen Anderson (DFL-St. Paul), nonstate sources. The project, already ral Resources Budget Division wrapped up listened to 12 bonding proposals Tues., under construction, would provide major hearing bonding proposals at the Thurs., Feb. 19, many focusing on improvements public access to the Mississippi River in Feb. 21, hearing. The panel, chaired by and repairs for parks and trails. addition to construction of a Railroad Sen. Ellen Anderson (DFL-St. Paul), also S.F. 2436, sponsored by Sen. Scott Historic Center and restoration habitat. prioritized a list of projects to recommend Dibble (DFL-Mpls.), provides $2 million The third bill, S.F. 2350, provides to the Capital Investment Committee. to replace the lighting system throughout $1.5 million for restoration of a swing S.F. 2460, authored by Sen. Jim Vick- the Grand Rounds Parkway. The new bridge over the Mississippi River that con- erman (DFL-Tracy), appropriates $2.5 lights are energy efficient and would not nects Inver Grove Heights and St. Louis million to Jackson County for a new re- pollute the night sky with light, said Dib- Park. Metzen said that stakeholders would gional environmental science and nature ble. Dibble described the current system as like to preserve at least part of the bridge. education center with interpretive trails “decrepit, old, broken-down.” The buried S.F. 2701, sponsored by Anderson, to serve southwest Minnesota. Vickerman components are becoming safety hazards requests $800,000 to renovate the fish said the education center will be con- and leaking energy into the ground, said habitat display at the Minnesota State structed to incorporate “green” technolo- Jon Wertjes, director of transportation Fair. Anderson said the display is over 25 gies. S.F. 1248, sponsored by Sen. Charles and parking services. years old and suffering from decay and Wiger (DFL-Maplewood) appropriates Dibble also requested $10 million breakdown of some of the fish tanks. money for a grade separated crossing of through S.F. 2358, providing grants to Sen. Jim Carlson (DFL-Eagan) spon- the Gateway Trail at Highway 120. Wiger identify and implement green and energy sored S.F. 751, requesting $2 million to said the trail is very popular, with more efficient design for new state building reconnect Dakota and Hennepin County than 200,000 persons using that segment. projects funded by bonding. An amend- by restoration of the Cedar Avenue Bridge Wiger said the original plan had been for ment to require all new pre-design plans for recreation. Five or six years ago the a tunnel at the crossing, but construction to consider supplying two percent of the bridge was condemned and shut down, work on that portion of the highway has building’s energy from onsite renewable diverting bike traffic miles away, said com- been completed. The bill was amended

13 Committee update to delete a specific dollar amount and to Murphy said the omnibus finance ing 25 percent for any purpose related to leave the type of crossing unspecified. bill is not too different from the package transit and roads. Sen. Pat Pariseau (R-Farmington) passed by the Legislature last year. He The measure also specifies that sponsored two bills. S.F. 689 appropriates said the differences include $250,000 for county state-aid highway fund distribu- $2 million for a pedestrian bridge over a grant to the Northstar Corridor De- tions follow the current statutory formula, the Cannon River from Lake Byllesby velopment Authority to fund advanced except that the excess sum raised by the Regional Park to Lake Byllesby County engineering, updated environmental increased gasoline tax and increased reg- Park in Dakota County and Goodhue documentation property appraisals and istration tax is to be apportioned with 40 County. S.F. 2570 appropriates money for negotiations with the railroad to extend percent based on motor vehicle registra- a regional park and wildlife area adjacent commuter rail service on the Burlington tions and 60 percent based on money to the Vermillion Highlands Wildlife Northern Santa Fe rail line between Big needs. Management Area. Lake and Rice. The measure includes Murphy said the bill also prohibits a S.F. 374, carried by Sen. Kathy $7.211 million for highway debt service road authority or private operator from Sheran (DFL-Mankato), appropriates and $3.653 million for 40 additional state tolling an existing highway and from re- $475,000 to improve ditch systems and patrol troopers, Murphy said. quiring commercial motor vehicles to use waterways in the Lake Titlow watershed. The bill authorizes $2.262 billion in toll facilities. The bill also prohibits road Anderson authored a bill, S.F. 2952, ap- bonding for a variety of transportation and bridge privatization for toll purposes. propriates $5 million for grants to political needs, Murphy said. The bill also contains In addition, the bill directs the commis- subdivisions for capital projects for the several revenue raising provisions, he said. sioner of transportation to develop a pro- beneficial use of wastewater. The bill accelerates the vehicle deprecia- gram to repair and replace trunk highway Members then turned their atten- tion schedule and removes the caps on the bridges, Murphy said. tion to a list of bonding project priorities. The committee, chaired by Sen. Anderson said the division did not have a vehicle registration tax, increases the gas tax by 5 cents per gallon to 25 cents per Richard Cohen (DFL-St. Paul), adopted target amount, but that past bonding cy- several amendments. One amendment cles seem to have about 21 percent of the gallon, imposes increases in special fuel and excise taxes and indexes the motor removes $1.5 million that had been total bonding package for environmental designated for Capitol Security. Murphy projects. She said using the 21 percent fig- fuel tax rates based on the comparison of the Consumer Price Index for all urban said the amendment reduces general fund ure, a rough target for the division is about spending. A second amendment, delet- $201 million. Anderson said the projects consumers in the two previous calendar years. Murphy said the indexing provi- ing a provision relating to a land transfer were divided into an “A” and a “B” list, concerning Medtronic, also reduces with some of the higher priority items sion is troublesome to many people and that work on the provision is ongoing. general fund spending by $1.221 million. receiving partial funding and the remain- Several technical amendments were also However, he said the indexing provision ing funding carried on the lower priority adopted. Cohen said the budget shortfall is needed to provide debt service on the list. Members made one change in priority that has been forecast makes general fund by authorizing $100,000 in predesign and bonds. The measure also increases the spending in the bill, about $2.7million, of design funding for S.F. 2460, the regional fee on vehicle rentals and short-term great concern, particularly in the future environmental science and nature educa- leases from three to five percent of the budget years. The bill was approved and tion center in Jackson County, and plac- sales price. Finally, Murphy said the bill re-referred to the Tax Committee. ing the project on the “A” list. Anderson establishes a lower-income motor fuels tax In other action, the committee also said the priority lists also included some credit of $25 per year per taxpayer whose approved a bill, S.F. 2564, modifying wastewater infrastructure funding, water taxable net income falls within the lowest TANF maintenance of effort programs. reuse funding and phosphorous reduc- income tax bracket. The measure, sponsored by Sen. Linda tion funding under the jurisdiction of the Sen. Scott Dibble (DFL-Mpls.) ex- Berglin (DFL-Mpls.), permits the commis- Public Facilities Authority, over which plained portions of the bill authorizing the sioner of human services to count a larger the division has no authority. metropolitan transportation area sales tax. amount of current general fund expen- He said the measure authorizes each met- ditures in the working family credit as Finance ropolitan and adjacent county to impose maintenance of effort for TANF purposes. an additional one half of one percent sales Berglin said the bill reduces the possibility Transportation package gains tax and an excise tax of $20 per vehicle that the state may lose part of its federal A comprehensive transportation in the metropolitan transportation area. TANF funds to penalties. funding package cleared another hurdle The tax rate will decline to one quarter Mon., Feb. 18, when the measure, S.F. of one percent after June 30, 2028. Under 2521, was approved by the Finance Com- the bill, the additional revenue will be Health, Housing and Family mittee. The funding bill, sponsored by used for transit projects that are consistent Security Sen. Steve Murphy (DFL-Red Wing), with the transit portion of the Metropoli- contains total direct supplemental ap- tan Council policy plan. The bill specifies Health plan reviewed propriations of $308.641 million to the that at least 50 percent of the revenue be A bill creating a new Minnesota Dept. of Transportation, Metropolitan used for capital and operating assistance Health Plan to cover all Minnesotans, Council transit, and administration and for transit and planning and operation of funded through premiums based on transportation-related activities of the transit ways, 25 percent be used for trunk ability to pay and other revenue sources, Dept. of Public Safety. highways or local roads and the remain- was the primary focus of the Mon., Feb.

14 Senators Julianne Ortman (R-Chanhassen), left, and Ann Rest (DFL-New Hope) closely examine a bill on the Senate floor, Thurs., Feb. 21. Photo by David J. Oakes

18, meeting of the Health, Housing and been a significant fall-off of employers cover all necessary care, including mental Family Security Committee. The bill, offering health insurance, from 70 percent health services, chemical dependency S.F. 2234, sponsored by Committee Chair eight years ago to 60 percent today,” he treatment, dental care, prescription drugs John Marty (DFL-Roseville), provides for said. Marty said, “We are currently spend- and home care and the plan must allow a single-payer plan to provide high quality ing about $6,500 for every man, woman patients to choose their own providers. health care to all citizens. “We need to and child in Minnesota each year, yet we In addition, the new plan must be funded make sure that all Minnesotans are cov- still have many people without access to through premiums based on ability to pay, ered and that all Minnesotans have access health care.” must focus on preventive care and early to health care,” Marty said. He said health Marty said the bill lists nine prin- intervention, must ensure an adequate care costs are rising rapidly, with more ciples that the new health plan must number of qualified health care profes- than 1.1 million Minnesotans spending meet. Under the bill the health plan must sionals and facilities, must continue Min- more than 10 percent of their income ensure all Minnesotans receive high qual- nesota’s leadership in medical education, on health care. Over all, more than half ity health care, the plan must not restrict, training, research and technology and of all bankruptcies are because of medi- delay or deny care or reduce the quality must provide adequate and timely pay- cal expenses, Marty said. “There has also of care to hold down costs, the plan must ments to providers.

15 Committee update Marty outlined the provisions of the bill would provide affordable coverage terms of service for members of the EMS bill, including eligibility, benefits, funding, to all Minnesotans. The measure was ap- Regulatory Board. Current law limits payments, governance and implementa- proved and re-referred to the Commerce members to one four-year term, Koering tion. Committee members had numerous and Consumer Protection Committee. said. Members also adopted an amend- questions relating to the funding of the In other action, the committee heard ment delaying for one year, until 2010, plan, the availability of care and the gov- a bill, S.F. 1830, establishing licensure the requirement for ambulance licensees erning structure. requirements for medical laboratory sci- to have trauma triage and transport guide- Dr. Ann Settgast spoke in support of ence professionals. The bill, sponsored lines consistent with the criteria issued by the measure. She said she has supported by Sen. Gary Kubly (DFL-Granite Falls), the Trauma Advisory Council. single-payer health care coverage for also creates a Medical Laboratory Science The final bill, S.F. 2667, authored by many years. She said the current system Professional Licensing Advisory Council. Sen. Linda Berglin (DFL-Mpls.), makes has many inequities and complexities. “It The bill establishes licensing require- ments for medical laboratory scientists; permanent the moratorium on radiation is unclear to me why we do not consider therapy facilities in a 14 county area. health care a basic human right,” Settgast categorical medical laboratory techni- cians; medical laboratory technicians; Berglin said a two year moratorium was said. She said a single-payer system will enacted last year in order to allow time for dramatically cut administrative costs and medical laboratory specialists in molecular biology; medical laboratory specialists in study to evaluate the need for additional is the only sustainable option. radiation therapy centers in the 14 coun- Mary Cowan, a citizen advocate, also cytogenetics; histocompatibility technolo- gists; other specialists and categoricals; ties. The study showed that the existing spoke in support of the measure. “Our radiation treatment capacity is sufficient system is broken,” she said, “And if other cytotechnologists; histotechnologists; and countries can provide health care to all histotechnicals. until at least until 2015 and that there is their citizens, why can’t we?” Supporters of the bill said the licens- enough radiation capacity in the specified Other supporters spoke of their ing requirements will ensure greater counties. In addition, Berglin said that experiences with the current health accuracy and safety in medical testing. technological advancements will further care system and advantages of the plan Opponents argued that licensing is not increase capacity and efficiency in existing outlined in the bill. Dr. Morrie Hodges, needed and that medical laboratory sci- facilities. The counties, Berglin said, are former chief of cardiology, Hennepin ence professionals are extremely compe- Hennepin, Ramsey, Dakota, Washington, County Medical Center, compared the tent. No action was taken on the bill. Anoka, Carver, Scott, St. Louis, Sher- provision of health care to the provision burne, Benton, Stearns, Chisago, Isanti of police and fire services, as a right rather First responders bill advanced and Wright. Berglin said adding more ra- than a privilege. The Health, Housing and Family diation facilities in those counties, which Julie Brunner, Minnesota Council already have excess capacity, would drive of Health Plans, said the council sup- Security Committee, chaired by Sen. John Marty (DFL-Roseville), met Wed., Feb. up health care costs. ports the goal of universal coverage for Sen. Kathy Saltzman (DFL-Wood- all Minnesotans. However, she said the 20, to take action on three bills. Members granted approval to all bury) said by making the moratorium per- current system does some things very well. manent, hospitals will be forced to come She said technology in the United States three measures and advanced them to the Senate floor. together to develop joint facilities in the is the envy of many other developed na- future. She said the bill is a reasonable, tions. She said no country has a perfect S.F. 2377, authored by Sen. Tony balanced way to contain costs. system and in every case governments are Lourey (DFL-Kerrick), requires that an challenged to keep up with rising costs. advanced life support ambulance with a However, Sen. David Hann (R-Eden Throwing out the entire system is not the primary service area outside the Metro Prairie) said the bill interferes with the way to provide health care for all Min- Area be staffed by a first responder driver workings of the marketplace. He said nesotans, Brunner said. The rising cost and a paramedic. The bill then allows competition drives prices down and the of health care makes it nearly impossible each subsequent emergency ambulance bill limits competition. Dr. Tom Flynn, to provide a universal system, she said. response to be staffed by one registered Minnesota Oncology Hematology, P.A., Utilization and technology, not adminis- first responder driver and an emergency said the bill interferes with patient choice, tration, are driving costs upward, Brunner medical technical or a paramedic. Lourey access and convenience. said. “We have very low administrative said the bill will be of particular help Berglin responded that the facilities costs in Minnesota’s nonprofit health in Greater Minnesota where there is a are extremely costly to construct and that care systems,” Brunner said. “Countries problem in recruitment and retention of expansion can only drive health care costs with entirely tax supported systems are upward. turning to the private sector to address ambulance personnel. “The bill will help rising costs,” Brunner said. A single-payer staff ambulances in a safe and responsible system in Minnesota is not the answer, manner,” he said. Buck McAlpin, presi- Health and Human Services she said, and although our system in Min- dent, Minnesota Ambulance Association, nesota is not perfect, it is one of the best and James Rieber, chair of the Emergency Budget Division in the nation. Medical Services Regulatory Board, spoke The panel recessed and resumed in in support of the measure. Auditor’s, health care transforma- the early evening. Members continued A second bill also concerned emer- tion task force’s reports heard hearing testimony on the Minnesota gency medical services. The bill, S.F. Discussion of two reports comprised Health Care plan before taking action on 2418, sponsored by Sen. Paul Koering the work of the Health and Human the bill. Marty concluded by saying the (R-Fort Ripley), lifts the limitation on Services Budget Division, Tues., Feb. 19.

16 The panel, chaired by Sen. Linda Berglin tions. The task force’s plan calls for adopt- facilities may receive a rate increase of less (DFL-Mpls.), heard a report from the Of- ing aggressive goals to reduce the rates than one percent, if any, said Thurlow. fice of the Legislative Auditor (OLA) and of overweight and obesity, tobacco use, The second proposal would examine a report from the Health Care Transfor- and the use of alcohol and other drugs; the methodology of a proximity adjust- mation Task Force. increasing the transparency of health care ment for facilities, and the third would The legislative auditor’s report focuses prices and quality, combined with more clarify language ensuring increases are on the financial management of the state’s patient-centered decision-making and based on the most recent cost of living public health care programs. Joel Alter, incentives for providers to innovate on information available. OLA, reviewed the report’s findings and ways to improve quality and reduce cost; Iris Freeman of Advocacy Strategy recommendations. Major findings include restructuring payment systems to encour- opposed the rebasing strategy, describing national research showing mixed results age evidence-based, high-value health it as complicated and uneven. Freeman regarding the impact of managed care care; reducing the size and cost of the suggested reworking the legislation in on costs, outcomes and access; identified health care system by reducing overuse of 2009 and ensuring a phase-in period not statewide advantages to providing health care, administrative costs and overuse of to exceed four years. care to low-income residents via managed new technologies; and establishing afford- To conclude the meeting, Don Allen, care; limited state agency review of health ability standards for health insurance and Department of Human Services, presented plans’ administrative spending; higher an expectation that individuals maintain a detailed update on the implementation per-enrollee program costs in Minnesota’s a minimum level of health insurance of the 2007 mental health initiatives, Medical Assistance program compared coverage. in addition to an overview of a recently to the national average for its counter- The full task force report is available released report to the Legislature regard- part programs; a recognition of efforts online at http://www.health.state.mn.us/ ing the case management roles of counties by county-based public health plans to divs/hpsc/hep/transform/ttfreportfinal.pdf. and health plans. improve services in Greater Minnesota, balanced against insufficient information about the relative quality of county-based Health division reviews mental Higher Education Budget health plans; and inadequate updating health initiatives progress and Policy Division of fee-for-service reimbursement rates in Testifiers representing the Health public health care programs. The report Care Transformation Task Force contin- U of M visited recommends requiring the Department of ued to field questions from the Health Members of the Higher Education Human Services to report on its progress and Human Services Budget Division on Budget and Policy Division, chaired by in implementing cost containment strate- Wed., Feb. 20. The agenda continued Sen. Sandra Pappas (DFL-St. Paul), used gies, increasing DHS scrutiny of health with a discussion of nursing home rebas- their Tues., Feb. 19, meeting to visit the plans’ administrative spending, and mod- ing, and an update on 2007 mental health University of Minnesota-Twin Cities. estly increasing fee-for-service rates for legislation implementation. The panel, primary care physicians. The full report is chaired by Sen. Linda Berglin (DFL- available online at http://www.auditor.leg. Mpls.), also collected bonding recommen- Systems lay out bonding requests state.mn.us/ped/2008/healthcare.htm. dation ballots. The Higher Education Budget and The Health Care Transformation Patti Cullen of Care Providers of Policy Division, chaired by Sen. Sandra Task Force was charged with developing Minnesota began a presentation advocat- Pappas (DFL-St. Paul), heard the capital an action plan for transforming the health ing an adjustment to long term care rebas- investment proposals of the University of care system in ways that improve afford- ing legislation passed last year. Rebasing Minnesota and Minnesota State Col- ability, access, quality of health care, and adjusts rates for care to meet current costs. leges and Universities (MnSCU) systems the health status of Minnesotans. Sanne Cullen introduced a few concerns Thurs., Feb. 21. Magnan, commissioner of health and a with the legislation. The eight year phase- University of Minnesota President member of the task force, said Minnesota in of rebasing is back-loaded, Cullen said, Robert Bruininks presented the U of M’s is known as one of the healthiest states which would not help facilities in finan- capital investment proposal with a video. and for having one of the lowest unin- cial crises now and in the first few years. The university system is requesting $225 sured rates in the nation. Nonetheless, Negotiation of higher rates for specialized million in bonding. The $225 million Minnesota health care is beset with cost care is scheduled for 2016, which is too far includes a request for $100 million in and quality problems, she said. Health out, said Cullen. Higher Education Asset Protection and care spending increased 52 percent from Kari Thurlow, vice president of Ad- Replacement (HEAPR) funds over the bi- 2000 to 2005, Magnan said, and the cost vocacy for Minnesota Health and Housing ennium. Bruininks said that the proposal of insurance rose 68 percent from 2000 to Alliance, recommended three changes is part of a 6-12 year capital investment 2006. She noted declines in employer-pro- to pursue in the law. The first would set a process that relies on strong, continuous vided health insurance, increases in the ceiling for rate increases to fund a rate in- and predictable state financial support. number of uninsured Minnesotans, and crease floor with existing dollars, ensuring Highlighted projects include a new wide variation in quality among provider a minimum one percent increase for every science teaching and student services groups. facility, explained Thurlow. In addition to center, a University of Minnesota-Duluth Human Services Commissioner Cal cost of living adjustments, the floor could engineering building addition, a new Bell Ludeman, co-chair of the task force, sum- ensure a three to five percent increase for Museum, classroom and research facility marized the task force’s key recommenda- most facilities. Under current law, 125 renovations and upgrades.

17 Committee update The 37 project bill’s provisions in detail. He said members request prioritizes a back- of the Business Law Section, as they work log of HEAPR requests with the various business statutes, note throughout the system inconsistencies and send them to the state at No. 1, said McCor- bar for inclusion in bills like S.F. 2575. mick, followed by specific The nonprofit LLC provisions permit the additions and building formation of LLCs for nonprofit purposes, renovations for seven Knoer said, and ensure that nonprofit campuses in the state, fol- LLCs are subject to the same regulations lowed by system-wide sci- as nonprofit corporations. William Klein, ence lab improvements. an attorney at Gray Plant Mooty, said Of the first nine priori- that many nonprofit corporations seek to ties, eight are the entirety operate a division or form a joint ven- of the governor’s recom- ture as an LLC but cannot do so under mendations, though Minnesota law. Minnesota nonprofits the governor’s HEAPR now set up Delaware LLCs, Knoer said, recommendation stands which are not regulated by the Minnesota at $40 million, according attorney general. The bill seeks to ensure to MnSCU. proper, Minnesota-based regulation by the The chancellor also attorney general and an easier route for proposed statutory chang- Minnesota nonprofits that want to form es to allow for the dis- LLCs, he said. posal of surplus property, Members, led by Chair Mee Moua adjust general authority (DFL-St. Paul), approved three additional for construction, increase bills. S.F. 2511, authored by Sen. Ann revenue fund bonding au- Rest (DFL-New Hope), reestablishes advi- thority from $150 million sory groups that were eliminated last year, to $250 million, add an including the Health Care Peer Review Owatonna operation as a Committee and advisory committees for named campus location, the Minnesota breeders’ fund. S.F. 2379, and convert unspent sponsored by Sen. Thomas Bakk (DFL- project authorizations to Cook), makes the $50,000 cap on dis- HEAPR. placed business allowances apply to both Both systems empha- federal and state funded projects. Bakk University of Minnesota-Duluth mascot “Champ the said that when the state’s eminent domain Bulldog” makes an appearance, Wed., Feb. 20, as part of sized that green, sustain- able and energy efficient law was revised in 2006, the $50,000 cap the University of Minnesota’s Day at the Capitol. was inadvertently removed from federally design and materials will Photo by A.J. Olmscheid funded projects, meaning that a business be considered for renova- displaced by a federally funded project Sen. Claire Robling (R-Jordan) took tions and design. was eligible for only $10,000. Both bills the opportunity to ask Bruininks why were recommended for placement on the tuition rates would be rising 7.5 percent Judiciary Consent Calendar. despite a 13 percent increase in funding Sen. Don Betzold (DFL-Fridley) in 2007. Bruininks said that headlines are Corporations, LLCs bill okayed carried a bill, S.F. 624, making technical misleading, and while tuition will increase Members of the Judiciary Committee changes and updating provisions regarding due to past state funding cuts and main- met in the afternoon of Tues., Feb. 19, to the solemnization of marriages. The bill taining of department budgets, increases consider four measures, including a corpo- was approved last year, but was returned to in private fundraising will result in grants the committee at the end of the session. and scholarship awards to about half of rate law bill recommended by the Min- nesota State Bar Association Business Law Members adopted an amendment making all students. Twelve percent of students further technical corrections and remov- will have no tuition increase based on Section. The bill, S.F. 2575, was advanced need, said Bruininks, and state money will to the full Senate. ing provisions that were enacted in other buy down costs for most middle-income Sen. Linda Scheid (DFL-Brooklyn legislation. The bill was advanced to the students. Park), chief author, said the measure Senate floor. MnSCU’s capital investment pro- makes technical amendments to the posal requests $273 million in general Business Corporations Act, the Limited Real property bills heard obligation bond financing, including Liability Company (LLC) Act and the The Judiciary Committee, chaired $110 million in HEAPR funds over the Uniform Limited Partnership Act of 2001. by Sen. Mee Moua (DFL-St. Paul), met biennium. James McCormick, chancellor The bill also permits LLCs to be formed Thurs., Feb. 21, to consider several mea- of MnSCU, said that the 53 campuses are for nonprofit purposes, she said. Dennis sures dealing with real property. experiencing an all time high for four year Knoer, an attorney at Briggs and Morgan, S.F. 2795, sponsored by Sen. Ron Latz enrollment. walked committee members through the (DFL-St. Louis Park), provides for the

18 conveyance of interests in real property by available and that the lender will trans- Sen. Rick Olseen (DFL-Harris) pre- transfer on death deeds. Kevin Dunlevy, mit the homeowner’s name, address and sented S.F. 2900, a bill allowing renters to chair, Real Property Section, Minnesota telephone number to an approved foreclo- pay utilities directly to the utility com- State Bar Association, said the Real sure prevention agency. The borrower is pany and subtract those payments from Property Section has been working on the required to refer specified information to a their rent if the utilities are not being paid bill for several years. Latz said transfer on foreclosure prevention agency, under the by the landlord. death deeds allow property to be trans- bill. Dunlevy said the bill describes the S.F. 2917, sponsored by Sen. John ferred from parent to child, for example, form to be used and the information to be Marty (DFL-Roseville), applies the preda- without going through probate. The bill on the form. The bill requires the foreclo- tory lending law passed last session to exempts transfer on death deeds from the sure advice notice given to homeowners manufactured homes. While predatory deed tax and excepts transfer on death in default to more information about the lending has been a problem for the manu- deeds from the requirement that a deed foreclosure process and how to access factured home industry, representatives of may not be recorded unless there is cer- the foreclosure prevention counseling manufactured homeowners testified that tificate that there are no delinquent taxes. services, he said. A number of provisions the bill would negatively affect loans for The bill also clarifies acknowledgments relating to the redemption of property manufactured homes, because the loans made in a representative capacity, clarifies during the redemption period are also are structured differently and carry smaller the application of certain common law modified, under the bill. One of the modi- balances than a traditional home loan. doctrine to registered land and eliminates fications specified that the interest rate The bill was referred without recommen- obsolete language. The bill was approved payable upon redemption by a mortgagor dation to the Commerce and Consumer and advanced to the Finance Committee. is the rate stated in the certificate of sale. Protection Committee for continued Sen. Ann Rest (DFL-New Hope), Members heard testimony from Jim work. sponsored a bill, S.F. 2914, setting forth Franklin, Minnesota Sheriffs’ Association. Higgins sponsored S.F. 2908 and S.F. foreclosure data practices requirements. Franklin said he had concerns that the bill 2910, which were both recommended to The measure also requires a study to would increase the workload for sheriffs pass and sent to the floor. The first bill develop a statewide foreclosure data and might lead to having to increase ensures tenants of properties in foreclosure collection and reporting system. The staffing. In addition, Franklin said the bill are notified, and gives them the ability to bill outlines the information that must might also increase investigative expenses. withhold their last month’s rent in lieu be included on a foreclosure notice of Because of time constraints, no of a refund of their security deposit. The pendency. Rest said by centralizing the further testimony was heard and no action second bill mandates expungement of a data, it will be easier for agencies to aid was taken on the bill. renter’s eviction notice if the eviction is homeowners facing foreclosure. Sev- due solely to a foreclosure. The chair sponsored S.F. 2915, which eral Senators, though, said making the Property law changes proposed information easier to obtain may make modifies the awarding of civil penalties The Committee on Judiciary, chaired and punitive damages in hearing proceed- homeowners more vulnerable to exploita- by Sen. Mee Moua (DFL-St. Paul), heard tion. Rest said that members must balance ings by an administrative law judge under bills relating to foreclosure, predatory the Human Rights Acts. The bill also the opportunity to aid individuals facing lending, renters rights and mortgage fraud foreclosure with the risk of increasing the modifies a provision relation to residential Fri., Feb. 22. homeowners’ vulnerability. The bill was mortgage fraud sentencing. The measure Sen. Linda Higgins (DFL-Mpls.) approved and re-referred to the State and was advanced to the full Senate. authored S.F. 2918. The bill requires any Local Government Operations and Over- sight Committee. publication of notice of sale to include Property Tax Division S.F. 2912, sponsored by Sen. Linda any reduction of redemption period Scheid (DFL-Brooklyn Park), makes a notice, and the last publication before sale Tax trends, Green Acres heard number of changes to provisions relat- must include any intent to petition for a The Property Tax Division met ing to foreclosure. Scheid said the bill is reduction. The bill also allows for easier Thurs., Feb. 21, to hear reports outlining aimed at helping people going into fore- establishment of abandonment. property tax trends and agricultural land closure. “The earlier we can reach them, S.F. 2912, authored by Sen. Linda Sc- preservation programs. The panel, chaired the better,” she said. heid (DFL-Brooklyn Park), requires lend- by Sen. Rod Skoe (DFL-Clearbrook), also Dunlevy outlined the specific provi- ers to provide information on foreclosure discussed the effects of mortgage fore- sions of the bill. He said the bill reinstates counseling. A party foreclosing a property closures and changes in taxable market the procedure for the sheriff’s execution would also be required to provide that value on property taxes. Representatives sale on personal property, requires the cer- information at the time of notice. The bill from the Dept. of Revenue said for 2008, tificate of sale of realty in connection with also requires a postponement of a sheriff’s property taxes statewide will increase by an execution or judgment to include the sale if the sheriff’s office hasn’t received a $494.1 million or 7.3 percent. Eric Wil- interest rate in effect on the date of the response from an owner or representative lette, Dept. of Revenue, also reviewed the sheriff’s sale and specifies that the interest within seven days of a sheriff’s request. increase in foreclosures and the resulting payable for a redemption of realty is the Changes to mortgage redemption laws decline in market value for some of the rate stated in the certificate of sale. The are also made. The bill was recommended properties. bill requires the default notice to inform to pass and sent to the Commerce and Jody Hauer, Office of the Legislative the borrower that foreclosure counseling is Consumer Protection Committee. Auditor, presented a report on “green

19 Committee update acres” treatment of agricultural land. crime lab in Anoka County. The proposal bonding requests from agency officials for Hauer said the green acres program ef- specifies that the facility is for the use of the State Emergency Operations Center fectively equalizes taxes, but does not help Anoka, Sherburne, and Wright Counties, and the Department of Corrections. all eligible farmland owners. In addition, and that the appropriation is contin- she said certain eligibility criteria pose gent on a three-to-one local match. S.F. Bonding recs finalized difficulties and implementation has been 2245, authored by Sen. Debbie Johnson Members of the Public Safety Budget inconsistent. She said the program’s ef- (R-Ham Lake), authorizes $6 million to Division met Wed., Feb. 20, to final- fectiveness is limited because the program construct, furnish and equip a crime lab at ize their recommendations for bonding the Anoka County public safety facility. is not statewide, some landowners fail to projects. The panel, chaired by Sen. Linda The panel also heard a report on the apply and other landowners are not aware Higgins (DFL-Mpls.), placed the various appropriateness of additional regional of the program. She said the problems requests they heard during the first two with the eligibility criteria include the forensic crime labs from the Forensic Laboratory Advisory Board. The report weeks of the session onto a high-medium- subjective nature of classifying of land as low preference list and forwarded the list agricultural and the lack of precision in recommends an overall increase in foren- sic laboratory services to meet demand, a to the Capital Investment Committee. agricultural land classification. Hauer said For the Department of Corrections, the report recommends that the Legisla- systematic expansion of regional forensic crime laboratories, and consideration of the highest priority is the third phase of ture clarify who and what types of land specific factors before using state funds the Faribault correctional facility expan- should benefit and eliminate the income to support regional forensic services. The sion, at $16.341 million in FY 08 and criterion. factors include capacity and need, demo- $37.05 million in FY 10. The second Hauer said that there are two separate graphic structure and existing services, priority is the ventilation system at the farmland preservation programs; one for local or regional commitment of resources, Oak Park Heights correctional facility, at the Metro Area and the other for Greater operational governance and scientific $2.44 million in FY 08. The department’s Minnesota. Lower taxable value in the independence, compensation parity, ac- emergency asset preservation needs, at Twin Cities area, protections against creditation, and training. $8.619 million in FY 08, comprise the interference with normal farming opera- Panel members also heard a number third priority. On the medium list are $6 tions and protections against annexation of other requests for public safety-related million in FY 08 for the vocational educa- are some of the advantages of the pro- bonding. S.F. 2227, authored by Sen. tion building at the Red Wing correc- grams, Hauer said. However, she said the Dennis Frederickson (R-New Ulm), tional facility and $4.05 million in FY 08 programs do not effectively preserve land appropriates $975,000 to the city of for the perimeter security system at Oak for the long term and there is insufficient Marshall to predesign, design, construct, Park Heights. The low list contains only enforcement for farmland preservation furnish, and equip Phase II of the Min- one item, $550,000 in FY 08 and $7.138 programs. nesota Emergency Response and Industry million in FY 10 for the perimeter security The report recommends the Legisla- Training (MERIT) Center, including fence at the Shakopee women’s correc- ture consider other strategies to preserve driving courses, shooting range, a multi- tional facility. land for long-term agricultural use, specify use, three-story gas fire sims, hazmat area, The other projects fall within the who has the authority to enforce exist- tactical maze, and other training facilities. Department of Public Safety. The high- ing programs and determine whether Sen. Steve Murphy (DFL-Red Wing) car- est priority on the list is $500,000 in FY the spending of mortgage and deed fee ried a bill, S.F. 1849, providing $6 million 08 to predesign a new State Emergency revenues is unacceptable. to complete design for and to construct, Operations Center. Second is $5 million furnish, and equip a new vocational in FY 08 and $10.191 million in FY 10 for education building with a combined the Camp Ripley Public Safety Training Public Safety Budget Divi- classroom and shop complex at the Min- Center. A public safety training center to sion nesota Correctional Facility-Red Wing. S.F. 2437, sponsored by Sen. Dan Larson serve Southeastern Minnesota, at $3.655 Crime lab requests heard (DFL-Bloomington), appropriates $8 mil- million in FY 08, was placed third. Fourth Members of the Public Safety Budget lion to the city of Minneapolis to design, is $8 million in FY 08 for the Minneapolis Division met Mon., Feb. 18, to hear a construct, furnish, and equip improve- Emergency Operations and Fire Train- variety of bonding requests, including ments, including an emergency operations ing Center. The final item on the high several requests for forensic crime labs. center, to the city’s existing fire training list is $6 million in FY 08 for the Anoka S.F. 2438, authored by Division Chair center. S.F. 2578, authored by Sen. Steve County Regional Forensic Crime Lab. Linda Higgins (DFL-Mpls.), provides $2.7 Dille (R-Dassel), provides $164,000 to the The medium list consists of five projects: million to acquire land, predesign, and city of Annandale to predesign, design, $7.8 million for a public safety training design a crime lab in Minneapolis. Three construct, furnish, and equip improve- facility in Dakota County, $2.7 million in bills seek to establish a crime lab in Ano- ments in its tactical training center, FY 08 and $12.3 million in FY 10 for the ka County. S.F. 873, sponsored by Sen. including improvements to the indoor live Minneapolis Forensic Crime Lab, $1.452 Betsy Wergin (R-Princeton), appropriates fire shoothouse for air quality and noise million in FY 08 for a public safety train- $6 million to construct, furnish and equip mitigation, a steel breaching door, moving ing facility in Grand Rapids, $975,000 a crime lab at the Anoka County public target systems within the shoothouse and in FY 08 for the Minnesota Emergency safety facility. S.F. 911, carried by Sen. Leo outdoor range, and a 40-foot rappelling Response and Industry Training Center in Foley (DFL-Coon Rapids), provides $6 tower for high angle fire, rescue, and po- Marshall and $164,000 in FY 08 for the million to construct, furnish and equip a lice tactical training. Members also heard Annandale Tactical Training Center. The

20 low list includes: $6.04 million in FY 08 be raised to fund the facility. The measure presidential declaration of major disaster. for a regional emergency operations center was approved and re-referred to the Taxes Rest said the measure provides authoriza- in Northfield, $3.2 million in FY 08 for Committee. tions for 14 agencies and includes waivers the Scott County Public Safety Training Sen. James Metzen (DFL-South St. from requirements contained in existing Facility and $3 million in FY 08 for a pub- Paul) sponsored the bill, S.F. 2620, ratify- programs. The measure was approved and lic safety training facility in Princeton. ing public employment labor agreements advanced to the Judiciary Committee. Higgins said a request the panel and compensation plans. The measure S.F. 2542 clarifies that the authority received for a law enforcement center at includes seven bargaining units and two of the Hennepin County Housing and Alexandria Technical College had been compensation plans for employees in the Redevelopment Authority includes the re-referred to the Higher Education Bud- executive branch. Metzen said the average entire area within the boundaries of the get and Policy Division because it was a increase is about 3.25 percent per year. county. The bill was approved and re-re- better fit with the other panel’s work. The contracts cover most of the employ- ferred to the Taxes Committee. S.F. 2402 Before making their recommenda- ees in the executive branch, with only modifies provisions governing the Board tions, the panel heard a final request. S.F. two contracts still in negotiations, Metzen of Accountancy. Rest said the bill updates 2338, carried by Sen. John Doll (DFL- said. Under the bill, the salary limit current law relating to accountancy. The Burnsville), provides $6 million to Dakota for the administrator of the Minnesota bill was approved and re-referred to the County to design, construct, furnish and Zoological Garden is eliminated. Metzen Judiciary Committee. equip a public safety technology and sup- said of the eight major zoos in the country, port center. the Minnesota director is paid the least. Gaming bills okayed Under the bill, any salary greater than Two measures were considered by 95 percent of the governor’s salary must members of the State and Local Govern- State and Local Government come from non-state funds. The bill was ment Operations and Oversight Sub- Operations and Oversight approved and advanced to the Committee committee on Gaming, Wed., Feb. 20. on Finance. The panel, chaired by Sen. Tony Lourey Labor pacts ratification gains S.F. 2656, authored by Sen. Linda (DFL-Kerrick), advanced both bills to the The State and Local Government Higgins (DFL-Mpls.), requires the Divi- full committee. Operations and Oversight Committee sion of Emergency Management in the S.F. 2500, authored by Sen. Ann Rest met Mon., Feb. 18, to consider a variety Dept. of Public Safety to maintain and (DFL-New Hope), permits the new har- of bills ranging from a bill to approved administer an emergency management ness racing track in the city of Columbus, public employee labor agreements to a bill training curriculum and to make the Running Aces Harness Track, to simulcast requiring executive branch employees to curriculum available to state employ- races of all breeds of horses that are simul- undergo emergency management training. ees whose essential job duties involve cast at Canterbury Park in Shakopee. Un- The panel, chaired by Sen. Ann Rest emergency management. Higgins said der current law, the new track may only simulcast races of horse breeds that race (DFL-New Hope), began by considering an LCC Preparedness for Terrorism and at the track. Representatives of the track a bill allowing cities of the first class to Disasters Working Group was created last year and in the course of their work, the and the city spoke in support of the bill. contribute money to county historical Don Steinke, a resident of Columbus and societies. S.F. 2690, authored by Sen. Ann group found that local units of govern- ment require emergency management member of a community group opposed to Lynch (DFL-Rochester), allows cities of training, but the state does not. The bill the track, spoke against the bill. the first class to contribute an amount up specifies that each state agency assigned S.F. 2533, also carried by Rest, makes to .02418 percent of the taxable market a role as a disaster or emergency response two technical changes to state gambling value of the city to the county historical organization in the state emergency opera- regulations. The bill amends the defini- society, if the historical society is affiliated tions plan must have a least one employee tion of “gambling device” in the criminal with the Minnesota Historical Society. who has completed the entire emergency code to clarify that an object is a gambling Lynch said the city of Rochester has been management training curriculum. device whether or not it is actually played. contributing to the Olmstead County His- Rocco Forte, emergency preparedness The measure also repeals a statute permit- torical Society, but would not be able to director, city of Minneapolis, said one of ting the manufacture of gambling devices contribute after the city becomes a city of the real advantages of emergency man- in Minnesota that are not legal here, but the first class in 2010 without the change agement training is the opportunity to are legal in the state of shipment. Rest in the law. The measure was approved and network and get to know counterparts in said that the law is unenforceable, because advanced to the Senate floor. other government agencies. there is no way to verify that the devices S.F. 2689, sponsored by Sen. David The bill was approved and re-referred are actually legal in their destination Tomassoni (DFL-Chisholm), authorizes to the Judiciary Committee. states. the establishment of the White Commu- Rest authored the final three bills on nity Hospital District in St. Louis County the agenda. S.F. 2607 establishes proce- Elections proposals gain and authorizes the district to levy property dures for state agencies to assist communi- Members of the State and Local taxes. Tomassoni said the Iron Range is ties to recovering from a natural disaster. Government Operations and Oversight still reeling from the loss of the LTV min- The bill provides a framework for state Subcommittee on Elections gathered ing company and it has been difficult to agencies to use future appropriations to Wed., Feb. 20, to consider seven bills. All adequately fund the hospital. By organiz- aid communities in recovering from a the proposals were forwarded to the full ing as a hospital district, revenue could natural disaster in areas included in a committee.

21 Committee update Two measures permit counties’ line difficulty getting to the polls because of posals. S.F. 1297 provides for automatic officers to be made appointive, rather than an incapacitating health reason, who are updating of a voter’s registration when elective, subject to a reverse referendum disabled, or who are residents of assisted the voter files a permanent change of by petition. S.F. 2534, carried by Sen. living facilities. The measure also permits address with the U.S. Postal Service. S.F. Gary Kubly (DFL-Granite Falls), allows agent delivery of ballots during the seven, 2574 lengthens by one week the special Yellow Medicine County to make the rather than four, days preceding an elec- election calendar for seats in the Legisla- offices of recorder and auditor-treasurer tion. ture and Congress. The measure requires appointive. S.F. 2472, sponsored by Sen. Sen. Chris Gerlach (R-Apple Valley) candidates to file two weeks, rather than Kathy Sheran (DFL-Mankato), authorizes sponsored a bill, S.F. 2552, permitting one week, before the special primary. The Nicollet County to make the office of the continued use of voter registration bill also permits the Secretary of State, applications in existence on July 31, 2007, auditor-treasurer appointive. rather than county canvassing boards, to S.F. 208, authored by Sheran, modi- until they are consumed. Fraser explained that registration applications were re- conduct recounts of special primaries and fies absentee voting procedures. Sen. Ann quired to be redesigned last year, but that special elections. Rest (DFL-New Hope), who chairs the many agencies, local units of government full committee, explained that last year and civic groups still have old applications State Government Budget the bill had been approved by the full on hand. The bill permits them to con- committee and sent to the Finance Com- tinue to use the applications or to dispose Division mittee because of cost concerns. All of the of them and request the new application. provisions with a potential fiscal impact S.F. 2553, carried by Rest, provides shorter Sports centers’ proposals heard have been removed, said Beth Fraser, deadlines for the post-election audits of Over $15 million in bonding propos- Secretary of State’s Office. The bill ex- election results provided by electronic als for community sports facilities across pands the group of people who may use an voting systems. Minnesota were the focus of the Mon., agent for delivery and return of absentee Subcommittee Chair Dan Larson Feb. 18, meeting of the State Government ballots to include persons who would have (DFL-Bloomington) authored two pro- Budget Division. The panel, chaired by

Senators John Doll (DFL-Burnsville) and Sandy Rummel (DFL-White Bear Lake) look over proposed legislation during the Thurs., Feb. 21, floor session. Photo by David J. Oakes

22 Sen. Don Betzold (DFL-Fridley), took no panel accompanied the Dept. of Adminis- Taxes action on the requests, which it heard as tration Capital Budget Request presented it prepares to forward recommendations to by Commissioner Dana Badgerow and IC, JOBZ evaluations reviewed the Capital Investment Committee. Assistant Commissioner Nicky Giancola. A report from the legislative auditor S.F. 2312, authored by Sen. Keith Rest’s bill, S.F. 666, requests $63.9 presented to the Taxes Committee Tues., Langseth (DFL-Glyndon), provides $4 million in bond proceeds for capitol build- Feb. 19, described the degree of misclas- million to the city of Moorhead for a ing restoration. The new proposal breaks sification of independent contractors by Northwestern Minnesota Regional Sports the project into phases, and each phase-in Minnesota employers. The committee also Center. The measure requires an equal does not presuppose commitment for the heard a presentation on the legislative au- amount of matching funds from nonstate next, said Rest. Projects would address ditor’s report on Minnesota’s Job Opportu- sources. S.F. 2348, carried by Sen. Kathy critical maintenance, in addition to acces- nity Building Zone (JOBZ) program. Saltzman (DFL-Woodbury), appropriates sibility and security improvements. A new The independent contractor audit $5 million to the Minnesota Amateur roof, dome restoration and ventilation found one in seven employers inaccu- Sports Commission to make grants to system security would be targeted by the rately identified at least one employee as local units of government for the purpose funds. an independent contractor in 2005. In of constructing public ice facilities. S.F. The Department of Administration addition, the report states that enforce- 2349, sponsored by Sen. Dennis Freder- ment and response is limited and uneven presented five proposals, including the ickson (R-New Ulm), provides $100,000 between the Dept. of Employment and governor’s $13.4 million request for the to the city of Marshall to predesign the Economic Development, the Dept. of Southwest Regional Amateur Sports Capitol building. Badgerow described the Revenue, and the Dept. of Labor and Facility. S.F. 2355, authored by Sen. Sat- request as “triage on the Capitol.” The Industry. veer Chaudhary (DFL-Fridley), provides repairs would limit further deterioration The auditor recommends that the $125,000 to predesign the renovation of but would not necessarily begin the work three agencies standardize classification, Building 189 located within the former of a full restoration, said Badgerow. An information sharing procedures and en- the Twin Cities Army Ammunition Plant additional $2 million is also marked for forcement. The auditor also recommended to serve as a regional, multi-use recre- continued restoration planning, according putting a penalty into law for repeated ational amateur sports facility for the to the request. instances of misclassification because northern Metro Area. Restoration of the Transportation currently penalties only exist for program Betzold carried the Amateur Sports Building façade is the department’s first violations resulting from misclassification. Commission’s request for asset preserva- priority request according to Giancola, Commissioner Ward Einess of the tion at the National Sports Center in who said, “We just have to have it this Department of Revenue and Commis- Blaine. The measure, S.F. 2496, authorizes year—it must be done.” Spalling, or flak- sioner Dan McElroy of DEED agreed with $1.5 million. S.F. 959, sponsored by Sen. ing, granite slabs and rusting structural the recommendations. Einess said that the Geoff Michel (R-Edina), appropriates support systems have resulted in citations Revenue Department may be the biggest $550,000 to the Three Rivers Park Dis- from the city of St. Paul and the Depart- impediment to standardizing criteria be- trict for construction made necessary by ment of Labor and Industry, said Gian- cause it must follow federal classifications. unforeseen site conditions at the Hyland cola. Einess suggested the department be given K70 ski jump in Bloomington. S.F. 2599, The third department of administra- the authority to not recognize a federal authored by Sen. Ann Lynch (DFL- tion request is $2.325 million to purchase “safe harbor” clause that makes enforce- Rochester), provides $4 million to design, property up for sale adjacent to the ment difficult. construct, furnish, and equip the phase Capitol Complex. Formerly a church, the McElroy said that a fair amount has II expansion of the National Volleyball building would be razed for visitor park- already happened in his department in Center in Rochester. S.F. 2787, sponsored ing in the short term, and future capital response to the report. by Sen. Ellen Anderson (DFL-St. Paul), development in the long term, according Nancy Leppink of the Dept. of Labor and Industry, said that enforcement from authorizes $250,000 to predesign the St. to Badgerow. the perspective of her department is Paul Regional Amateur Sports Facility, The fourth request would make complaint-driven, and focuses on viola- which will include facilities for soccer, $3 million in bonds available for the lacrosse, football, and baseball. tions of labor laws such as OSHA and statewide capital asset preservation and enforcement provided under those laws. repair account, which provides money Capitol building restoration, Leppink said that the nature of the system for response to catastrophic events such identifies problems after the fact. agency bonding requests heard as flooding, in addition to unanticipated The presenter said that while a “rela- The State Government Budget hazardous material abatement needs such tively small proportion of workers were Division, chaired by Sen. Don Betzold as asbestos clean-up. misclassified,” that misclassification results (DFL-Fridley), viewed a corroded pipe The fifth request provides $500,000 in lost tax revenue from unemployment to accompany a Capitol building restora- for predesign of the State Emergency Op- insurance taxes and income tax withhold- tion proposal authored by Sen. Ann Rest erations Center. Currently the center oc- ing, in addition to creating a competitive (DFL-New Hope), Wed., Feb. 20. The bill cupies leased space in downtown St. Paul, disadvantage for compliant employers. was laid over for possible inclusion in the and in violation of Federal Emergency The JOBZ report found that while committee’s bonding proposals. A granite Management Agency requirements. the program has successfully created jobs

23 Committee update in Minnesota, it has also provided inap- onus is on cities, which do not have the federal government, the state’s legislative propriate subsidies to some businesses and staff or resources to enforce accuracy, said auditor and academics, telling us how far suffers from poor administration. Einess. behind we are, he said. The proposal in- Committee Chair Thomas Bakk Bakk said the JOBZ zones have not cludes various tax increases, Murphy said, (DFL-Cook) is both an author of the targeted economically disadvantaged ar- but it also demands that the transporta- original JOBZ legislation in 2003, and a eas. “I don’t know how we undo all those tion system be significantly improved. critic of the program’s outcome. zones now,” said the chair. “If we’re going to raise taxes, we’re going The JOBZ program was passed However, the program has provided to demand results,” Murphy said. For in 2003 to provide tax incentives for a more competitive atmosphere in towns example, he said, the bill requires all state businesses to relocate or expand in 10 bordering North Dakota, according to bridges considered deficient to be repaired designated zones of low economic devel- Sen. Keith Langseth (DFL-Glyndon). “I or replaced by 2018. This bill is an eco- opment, explained John Yunker, project really don’t think we should throw it out,” nomic development bill that creates jobs manager with the Office of the Legislative said Langseth, who cited two large dealer- and rivals the bonding bill for significance Auditor. The state carries 93 percent of ships that had expanded into Minnesota and impact, he said. the costs of the program, said Yunker, and rather than North Dakota. At Murphy’s request, members there is no cap or limit on the program’s Sen. Julianne Ortman (R-Chanhas- adopted an amendment bringing the bill growth. sen) criticized the program for taking into substantial conformity with the other The auditor’s office has determined a business away from a distressed town body’s proposal. A key difference between that the program has provided unneces- within the Metro Area, which is not eli- the other body’s version and the amended sary or ineffective subsidies in some cases, gible. “I’m not sure that it’s lived up to the Senate version, he said, is that the revised suffers from weak administration result- expectations,” she said. Senate proposal does not index the gas tax ing in poorly written agreements and Sen. David Senjem (R-Rochester) for inflation. In shifting to this version of ineffective compliance monitoring, and spoke in favor of improving, rather than the bill, Murphy said, we have given up a does not target economically distressed discarding, the program, claiming the lot of items and reduced several propos- areas, which was the original intent, said subsidies allow small towns to compete in als. Murphy walked members through the Yunker. The report says that job creation a multi-state arena. “I simply urge we not bill’s provisions. was probably 20-30 percent lower than be too hasty,” said Senjem. The revenue provisions in the bill DEED claims. The panel continued with a discus- include a five-cent increase in the gas tax, Yunker emphasized three of fifteen sion of where Minnesota’s advantages phased in through Sept. 15, 2008; a new recommendations made by the report. in job growth may lie, and where the gas tax debt service surcharge of up to 3.5 The first would give more approval and state could focus attention to stimulate cents; elimination of the caps on the mo- oversight of the program to the Depart- economic growth. Members also discuss tor vehicle registration tax; creation of a ment of Employment and Economic cuts in spending that the committee has $25 gas tax credit for low-income Minne- Development through legislation. The been asked to make in light of a budget sotans; an increase in the short-term mo- second recommendation is a cap on the shortfall. tor vehicle rental fee from three percent program, which would force local gov- to five percent; authorization for a Metro ernments to prioritize which businesses Area half-cent sales tax and a $20 motor can enter the program. The third recom- Additional revenue for transpor- vehicle sales excise tax; and authorization mendation is to develop standard criteria tation, transit okayed for voter-approved local transportation for participation and make sure that the An ambitious proposal to raise bil- taxes in Greater Minnesota. program targets economically distressed lions of dollars for a generation’s worth I am disappointed that this proposal areas. of road and bridge building and main- uses the sales tax to fund transportation McElroy said DEED supports the tenance, and to improve transit systems and transit projects in the Metro Area, proposed changes, and reminded Legisla- in both the Metro Area and Greater said Sen. John Marty (DFL-Roseville). tors that JOBZ is a relatively new program Minnesota, was approved by members I strongly believe we need more money that has had some major successes. DEED of the Taxes Committee, Wed., Feb. 20. for transit, but this is not the right way to is already making changes, according to The panel, chaired by Sen. Thomas Bakk provide it, he said. The sales tax is unfair McElroy, and is supporting legislation this (DFL-Cook), advanced the measure to and regressive, he said, and there is no session to acquire the authority to enforce the full Senate. connection between the source of the standards and approve or deny agree- Sen. Steve Murphy (DFL-Red Wing), revenue and where it is spent. Sen. Scott ments. chief author of S.F. 2521, said the state Dibble (DFL-Mpls.), lead proponent of Einess said the program deserves the is seriously behind in its responsibility the local sales tax provisions in the bill, scrutiny, but can be fixed, particularly to provide a safe, efficient and modern said he agreed that the sales tax is not with more state oversight. “We probably transportation system. According to a the ideal source of revenue. But we have erred on the side of too much local con- report from Growth and Justice, Murphy gotten bogged down by philosophical trol,” said Einess. The revenue commis- said, the state would have invested almost disagreements about who should pay for sioner agreed with McElroy that the most $14 billion more in highways over the transit in the Metro Area, he said, and important recommendation may be to last 20 years, if it had kept spending at par we need to find a solution. More than require businesses to attest to the accuracy with 1986 levels. We are inundated with two dozen metropolitan areas have used a of their subsidy reports. Currently the reports from dozens of other groups, the local sales tax to fund transit and trans-

24 portation, Dibble said. Other revenue amendment. Putting some of the revenue Sen. Rod Skoe (DFL-Clearbrook) sources do not come close to providing into a flexible account recognizes that offered an amendment modifying the the needed funds, he said. transportation needs are always evolving Greater Minnesota sales tax authorization This bill is impressive and it starts to in the Metro Area, he said. Sometimes from a fixed 0.5 percent to up to 0.5 per- address the problem, said Sen. Julianne roads and bridges are a higher priority, cent. Not all projects will require the full Ortman (R-Chanhassen). She suggested and at other times transit is the more 0.5 percent increase, he said. The amend- the bill would be improved by reducing urgent need, Murphy said. Dibble noted ment was adopted. the Metro Area sales tax from 0.5 per- that transit improvements are often ac- Representatives of the business com- cent to 0.25 percent and dedicating all companied by adjacent road and bridge munity raised concerns about the measure. the funds to transit, rather than splitting projects. Cutting the revenue available is Tom Hesse, Minnesota Chamber of Com- the funds between transit and roads and the wrong thing to do, said Sen. Lawrence merce, said the business community has bridges. The proposal makes some of the Pogemiller (DFL-Mpls.). At some point, consistently opposed the use of a Metro money look like a slush fund where the this bill gets too small to be worth doing, Area sales tax to pay for transit and trans- money can be moved around, she said. he said. This is not just a sales tax bill, portation. Businesses pay about 45 percent A lower tax increase would be less of a Ortman said. It includes many other taxes, of the sales tax, he said. Other regions burden to low-income taxpayers, she said, she said, and the people who are paying that have adopted a dedicated sales tax and the dedication will help the proposal these taxes cannot afford them all. “Why have lower tax burdens than Minnesota, sell itself. Ortman offered an amendment do we have to bite off more than Minne- Hesse said, so they have the capacity to reducing the sales tax rate and dedicating sotans can chew,” she said. The amend- raise revenue without negatively affecting the funds to transit. Murphy opposed the ment was not adopted. their competitive position. If the Legis- lature does want to go down the sales tax path, the tax should be imposed at the lowest rate possible, be subject to voter approval, and expire in 2020, he said.

Transportation Budget and Policy Division State Patrol strategic plan heard Members of the Transportation Budget and Policy Division devoted their Tues., Feb. 19, meeting to consideration of the State Patrol’s strategic plan. Col. Mark Dunaski, chief of the State Patrol, reviewed the strategic plan and fielded questions from the panel, chaired by Sen. Steve Murphy (DFL-Red Wing). The strategic plan includes several overarch- ing goals, as well as strategies to achieve the goals and desired outcomes that can be used to measure progress. The goals include reducing deaths, injuries, prop- erty damage and life-changing events on Minnesota roadways; maximizing service to the public and assisting allied agen- cies; effectively acquiring and strategically deploying resources while enhancing organizational efficiency; and recruiting, developing and retaining a high-quality, diverse workforce. The complete strategic plan is avail- able online at http://www.dps.state.mn.us/ patrol/Doc/Strategic2006_09/MSP%20 Strategic%20Plan%2011-12-06.pdf.

Lieutenant Governor and Commissioner of Transportation Carol Molnau addresses Schedule available online members of the Legislative Audit Commission, Tues., Feb. 19, as Legislative Auditor Next week’s schedule is online: Jim Nobles listens in the background. Molnau was responding to a report from the http://www.senate.mn/schedule/schedule. Office of the Legislative Auditor on the Department of Transportation and the status php?cmte_type=&ls=85&date=02/25/200 of the state’s highways and bridges. Photo by David J. Oakes 8&type=weekly

25 Senate Briefly

Page 2 Highlights

Page 4 Committee update

Patrick Schifferdecker, who portrays a voyageur guide at the Minnesota Historical Society’s Northwest Company Fur Post site, poses in the Capitol Rotunda, Mon., Feb. 25, as part of the Historical Society’s day at the Capitol. Photo by A.J. Olmscheid

February 29, 2008 Senate Highlights Transportation veto overridden Senators overrode the governor’s veto of an ambitious transportation package, Mon., Feb. 25. The measure, H.F. 2800, was repassed, 47-20. This is an opportunity to change the course of Minnesota, said Sen. Steve Murphy (DFL-Red Wing), the bill’s spon- sor. With this bill, we can build a better transportation system and improve our economy, he said. Overriding a veto is not something any of us takes lightly, he said. A veto override is an extraordinary step, Murphy said, called for by the extraor- dinary time we are in. This bill has been “praised and demonized,” he said, in part because “it is difficult to vote to increase taxes.” But the bill represents an oppor- tunity to improve lives, he said. Murphy cited State Patrol statistics showing there were over 78,000 crashes, almost 500 fa- talities, over 35,000 life-changing injuries, and economic loss of over $1.5 billion on Minnesota roadways last year. With this bill, we can improve highway safety, stall and reverse highway congestion, and improve our economic outlook, he said. Sen. Scott Dibble (DFL-Mpls.) praised Murphy for his work on the bill, calling it a compromise effort and a balanced bill with benefits for every corner of Min- Sen. Steve Murphy (DFL-Red Wing), right, receives a hug from Sen. Scott Dibble nesota. Good transportation is vital to a (DFL-Mpls.) in the Senate Chamber following a successful transportation package good Minnesota, he said. veto override Mon., Feb. 25. Photo by A.J. Olmscheid If you measure the size of this bill against overall spending, said Sen. Steve only a 3.9 percent increase in spending. Robling (R-Jordan). We want people to Dille (R-Dassel), we are talking about Dille urged members to support the pack- buy new cars, to help our auto manufac- age. We need to reinvest in our infrastruc- turers, auto dealers and all the people they Senate Briefly is a publication of ture and think about the number of deaths employ. the Minnesota Senate Publications that result from our poorly maintained Murphy said waiting was unnecessary. roads, he said. This is not general fund spending, he said. Office. During the regular Legislative This is serious business, and we need Our gas tax, our transportation funding, Session, it is produced weekly. The to slow down and think about it, said Sen. is constitutionally dedicated, he said. publication is a service of the Minne- David Senjem (R-Rochester). We talk Murphy said the state had waited, had sota Senate. It can be made available about finding compromise and working delayed, for too long over the years as the in alternative formats. toward the middle, he said, but it did transportation system fell apart. A lot of not happen with this bill. This is power this bill reflects what the governor asked Editor/Writer: politics, Senjem said. He urged members for, including bonding and a tax credit Karen L. Clark to consider the imminent economic fore- for low-income Minnesotans, he said. We cast, which will likely predict a $1 billion tried to compromise and the governor ve- Assistant Editor/Writer: general fund shortfall. Before we see the toed the bill anyway, Murphy said, so we Joshua A. Dorothy hard numbers, we are on the precipice of need to decide if we want to do something enacting the largest tax increase in our or not. state’s history, he said. This bill piles on In other action, members met briefly Writer: to people who cannot afford health care, in the morning to approve a bill modify- Danielle Cabot who are barely scraping, he said. Senjem ing the Temporary Assistance for Needy urged Senators to work on a bill that Families program. S.F. 2564, sponsored by Photographers: brings everyone, including the governor, Sen. Linda Berglin (DFL-Mpls.), permits David J. Oakes together. This bill creates a disincentive the Dept. of Human Services to claim A.J. Olmscheid against Minnesotan’s buying new, safer, other state spending as maintenance of energy-efficient cars, said Sen. Claire effort in order to reduce the required work

2 participation rate. The bill was granted management team that can “forge a new service. This vote is a watershed event, he preliminary passage on General Orders. beginning” in transportation, he said. said, and rejecting her runs counter to our Senators also processed routine business Several members of the Minority commitment to cooperate. I do not think before recessing for the afternoon to await Caucus rose in Molnau’s defense. The she has done wrong, Senjem said, but if the message indicating the other body had other side of the aisle has adopted as a she has, then we should consider offering acted to override the veto. mantra that Molnau has not done a good forgiveness not rejection. job, said Sen. Dick Day (R-Owatonna). It This is not about individuals, it is Molnau rejected as MnDOT head is the Legislature’s duty to give the depart- about serving the citizens of the state, Lt. Gov. Carol Molnau was removed ment and its leadership enough resources, said Majority Leader Lawrence Pogemiller from her position as transportation com- he said, and if the problem has been a lack (DFL-Mpls.). We confirmed Molnau in missioner by Senators, Thurs., Feb. 28. of resources, we should blame ourselves, her first term, but now we have a record of The Senate voted not to confirm her, not the commissioner. The lieutenant her job performance, he said. We have a 22-44. governor’s primary duty is to be ready to legislative auditor’s report on transporta- Today, we are asked to discharge our assume the governorship if it becomes va- tion, he said, and we can see our crum- constitutional duty regarding a governor’s cant, said Sen. David Hann (R-Eden Prai- bling transportation system. This is not appointee, said Sen. Steve Murphy (DFL- rie). That does not prevent anyone from about Molnau, it is about leadership and Red Wing). It is a responsibility none of serving as a fine agency commissioner, he a failure of leadership from the governor, us takes lightly, he said. Molnau has been said. I have not yet heard a good reason to who has refused to accept responsibility serving in a dual capacity, he said, and remove her as commissioner, he said. This for his mistakes, Pogemiller said. We need “these two full-time jobs are too much for is not about her performance, it is just to step up, he said, and show Minnesotans anyone to be able to discharge appropri- raw politics and a raw exercise of power, that “their tax dollars will be represented ately.” She has told us that the depart- Hann said. She is the hardest working by leaders, not by political friendships.” ment did not need more money, Murphy person I have ever known, said Sen. Members on both side of the aisle agree said, but we have numerous reports and Claire Robling (R-Jordan), someone who that we have lacked sufficient resources our own experiences proving otherwise. has always held two or three jobs. Molnau for transportation, he said, but Molnau This is about having “the right person has given her life to public service, said told us repeatedly that we did not need in the right place for the right time,” he Minority Leader David Senjem (R-Roch- more revenue. She and the governor said. We have a duty and ability to move ester), and her performance as commis- were cheerful at veto ceremonies for prior Minnesota forward with a new MnDOT sioner is symbolic of her commitment to transportation bills that sought to provide more revenue and resources, Pogemiller said. A change in transportation leader- ship is in order, he said. Before the final vote on the appoint- ment, Senators rejected, 22-43, a motion from Sen. Steve Dille (R-Dassel) to table the matter. Senators took up two additional ap- pointments. The first was of Dan McElroy as a member of the Board of Trustees of the Minnesota State Colleges and Uni- versities. This appointment left commit- tee without recommendation, said Sen. Sandra Pappas (DFL-St. Paul), but I now want to encourage members to support McElroy’s confirmation. Having observed him over the interim and talked to other members of the MnSCU Board of Trust- ees, she said, it is apparent that he works well with the other board members and adds to the board in a positive manner. I think many members had a problem with a trustee also serving as an agency com- missioner, Robling said; McElroy is the commissioner of the Dept. of Employment and Economic Development. His dual role is a perfect fit, Robling said. Minne- sota needs jobs and needs people trained for those jobs, she said. What we need is Sen. Don Betzold (DFL-Fridley), left, signs an official Minnesota Sesquicentennial someone who understands both eco- banner in the Senate Retiring Room following the Mon., Feb. 25, floor session. Also nomic development and training workers, pictured is Sen. David Hann (R-Eden Prairie). Photo by David J. Oakes

3 Senate Highlights Robling said. McElroy’s appointment was prices are to blame for the recession, said and $1.5 million to make armories and confirmed, 59-3. The final appointment Stinson. However, the federal economic training facilities accessible for persons considered was that of Jon Hopeman as an stimulus package will be a boon to the with disabilities. The governor’s recom- attorney member of the Board on Judicial economy in mid-2008, according to the mendation includes full funding of the Standards. He is a distinguished attorney, report, as consumers increase household life/safety and accessibility requests and who has been repeatedly respected and spending on non-auto consumer durables. $5.5 million for asset preservation. Palmer recognized by his peers, said Sen. Mee Expected real GDP growth in 2008 has noted that Guard armories are among the Moua (DFL-St. Paul). The appointment fallen to 1.4 percent. most visible and used facilities in many was confirmed, 62-0. Committee members discussed ways Greater Minnesota communities. Many In other action, Senators granted the Legislature could make revenue less of the projects qualify for federal funding, final passage to one bill on the Calendar volatile, and how they could provide often at a 50 percent match, Palmer said. and one bill on the Consent Calendar. short-term economic stimulus. Stinson Sen. Tarryl Clark (DFL-St. Cloud) carried S.F. 2564, sponsored by Sen. Linda Berglin said that it would be very hard for the a bill, S.F. 3152, focusing on one item in (DFL-Mpls.), permits the Dept. of Human Legislature to do any short term stimu- the asset preservation category: the need Services to claim other state spending as lus, with the exception of investment in for a new roof at the St. Cloud National maintenance of effort in order to reduce maintenance and improvement of existing Guard Training and Community Center. the required work participation rate. S.F. infrastructure early in the session, which Division members advanced the depart- 2379, sponsored by Sen. Thomas Bakk could put trades people to work by late mental requests to the Capital Investment (DFL-Cook), makes the $50,000 cap on spring. Bonding projects, new construc- Committee, along with a recommenda- displaced business allowances apply to tion and transportation investments tion that, in light of limited resources, the both federal and state funded projects. are not considered short term boons, he requests be prioritized as the department Bakk said that when the state’s eminent explained, but rather long-term growth proposed. The department’s priority order domain law was revised in 2006, the investments. is asset preservation, facility/life safety $50,000 cap was inadvertently removed alterations, and accessibility upgrades. from federally funded projects, mean- The requests of the Dept. of Veterans ing that a business displaced by a feder- Panel hears from Oberstar Affairs were presented by Commissioner ally funded project was eligible for only The Transportation Budget and Clark Dyrud. Dyrud briefly reviewed the $10,000. Both measures were approved Policy Division, chaired by Sen. Steve without dissent. Murphy (DFL-Red Wing), met Fri., Feb. department’s core functions, including the 29, to conduct a wide ranging discussion recently added responsibility for veter- ans homes. In November, the governor Near $1 billion shortfall, mild of transportation issues. Congressman James Oberstar (D-Minn.), who chairs the abolished the Veterans Homes Board and recession forecasted U.S. House Committee on Transporta- transferred responsibility for the homes A short, mild recession for the first tion and Infrastructure, briefed members from the board to the department, Dyrud two quarters of 2008 and a $968 million on federal transportation matters and the said. The requests originally totaled shortfall for FY 2008-2009 are the conclu- impact of federal actions on Minnesota’s $90.18 million in FY 2008. The governor’s sions of the February 2008 economic fore- transportation system. recommendations include only $42.061 cast data presented to the Taxes Commit- million of the requests, including $25.999 tee, Fri. Feb. 29. Finance Commissioner million for a new nursing building at the Tom Hanson and State Economist Tom Minneapolis Veterans Home, $7.835 mil- Stinson presented an overview and an- lion to upgrade the HVAC system for one swered questions from the panel, chaired building on the Minneapolis home, $7 by Sen. Thomas Bakk (DFL-Cook). Committee Update million for department-wide asset preser- A sharper than anticipated drop in vation, $1 million to demolish a severely tax revenue is mostly to blame for the Agriculture and Veterans deteriorated structure at the Minne- budget shortfall, explained Hanson. He Budget and Policy Division apolis home, and $227,000 to satisfy the agreed that declining revenue could be required state match for federal funding exacerbated by extending federal tax cuts Bonding requests considered to renovate and expand the nursing care scheduled to expire and the shift of leased Capital investment projects for facility in Silver Bay. Dyrud said almost vehicle taxes from the general fund to the veterans and military operations were the two-thirds of the cost of the new nursing transportation budget, a directive of the focus of the Tues., Feb. 26, meeting of building at the Minneapolis home will be recently passed transportation funding the Agriculture and Veterans Budget and reimbursed by the federal government. bill. The report describes a small increase Policy Division. The agency is asking for full funding, he in spending estimates, almost entirely in Brig. Gen. Tim Cossalter and Comp- said, so that construction can begin im- health and human service programs. troller Terry Palmer, Minnesota National mediately. The reimbursement will cancel The potential shortfall of $1.1 bil- Guard, reviewed the Dept. of Military to the general fund, Dyrud said. The lion in FY 2010-2011 roughly doubles Affairs’ bonding requests. The depart- departmental requests were forwarded to in 2010-2011 if inflation is considered, ment’s FY 2008 request includes $7 mil- the Capital Investment Committee, also according to the report. lion for asset preservation at armories and prioritized as the department proposed. The depressed housing market, an in- training facilities statewide, $1 million for The department’s priority order is asset secure credit market and increased energy required life/safety alterations to armories, preservation, the Minneapolis demolition, Committee update the new Minneapolis facility, the Silver ment in small crops is important, and pline, said a representative of the Office Bay match, and the Minneapolis HVAC reiterated an example of the presenters of Military Affairs. Bill sponsor Sen. Rick upgrade. that soybeans were once a small, alterna- Olseen (DFL-Harris) said in other states Three bills relating to new or ex- tive crop. where it already operates the program has panded veterans affairs were heard. I’m all S.F. 2756, sponsored by Sen. Gary successful graduation rates, and more than for building new homes, but we need to Kubly (DFL-Granite Falls), would allow 90 percent of graduates go on to achieve move slowly and deliberately, said Chair for transport of anhydrous ammonia in high school or equivalency diplomas. The Jim Vickerman (DFL-Tracy). It is easy to 5,000 gallon tankers by transport trucks bill was recommended to pass and sent to build a home, he said, but the hard part is used in agriculture. Current law allows for the Finance Committee. funding its future operations. Vickerman 1,000 gallon tanks, transported by pickup urged members to allow the department trucks. Testifier Ken DeBuhr of Western to get its feet under it in managing the Consolidated Cooperative said 5,000 gal- Business, Industry and Jobs veterans homes and then offer guidance lon tanks allow for more efficient and safer NWA merger discussed to Legislators in expanding the veterans transport. The bill was recommended to Calling the future of Northwest Air- homes system. S.F. 2745, authored by Sen. pass and re-referred to the State and Local lines “a serious issue to all Minnesotans,” Joe Gimse (R-Willmar), provides $7.905 Government Operations and Oversight Sen. James Metzen (DFL-South St. Paul) million for a new 90-bed veterans home in Committee. convened the Business, Industry and Jobs Kandiyohi County. The request was for- A second proposal sponsored by Committee, Mon., Feb. 25, for the first warded to the Capital Investment Com- Kubly, S.F. 2405, would exempt military of several hearings on a potential merger mittee, to be prioritized after the depart- pensions and retirement payments from between the airline and Atlanta-based mental requests. S.F. 2407, sponsored by Minnesota taxable income and from Delta Air Lines. Sen. Gary Kubly (DFL-Granite Falls), re- alternative minimum taxable income up Northwest (NWA) has been good quires the Department of Veterans Affairs to $15,000 a year. A representative of to the state, providing more than 11,000 to establish and operate a new veterans Renville County Veterans Affairs said jobs, Metzen said, and the state has been home in Montevideo. The bill prohibits that veterans deserve more, and the tax good to the airline, including a 1992 aid state funding for design and construction on pension income is a disincentive for package designed to keep the airline afloat and authorizes the department to accept veterans considering moving to Min- and independent. “We’re not out for a contributions from private individuals, nesota to begin second careers, often in witch hunt,” Metzen said, but committee businesses and other non-state sources. rural communities. Wisconsin and South members simply want to know what is S.F. 2803, carried by Sen. Dan Skogen Dakota have no such tax, said veteran going on, especially the scope of possible (DFL-Hewitt), provides $9.97 million Merlin Ellefson, and this results in a loss job losses. for a new special care unit and additional of highly trained and motivated individu- Members began by examining two clinical space at the Fergus Falls Veterans als. The bill would cost $17,000 in lost prepared statements. NWA sent a pre- Home. Both S.F. 2407 and S.F. 2803 were tax revenue to the state in 2009, accord- pared statement saying it looks forward advanced to the Finance Committee. ing to the Dept. of Revenue. The bill was to future “constructive dialogue,” but recommended to pass and re-referred to cannot comment on merger speculation. Vets’ pension deduction heard the Committee on Taxes. The airline’s objective is the long-term The Agriculture and Veterans Budget S.F. 2327, sponsored by Sen. Paul survival of the Minneapolis-St. Paul hub and Policy Division, in its role as a free- Koering (R-Fort Ripley), would add a and the Minnesota jobs the airline sup- standing committee, chaired by Sen. Jim veteran’s spouse and child to the defini- ports, according to the statement. The Vickerman (DFL-Tracy), met Thurs., Feb. tion of resident student. The spouse or second statement was from U.S. Rep. 28, to hear a presentation on the diversi- child could then receive resident tuition James Oberstar (D-Minn.), chair of the fication of Minnesota’s cropping system in rates and grants, said Koering. Current U.S. House Transportation and Infrastruc- addition to bills on ammonia tanks, mili- statute qualifies these family members for ture Committee. Oberstar’s statement tary pensions, resident status for spouses resident status only for members of the expressed his opposition to the merger, and dependants of veterans, and a study armed forces on active federal military and any airline consolidation, because on the National Guard Youth Challenge service. The committee was unclear about consolidation is likely to produce higher Program. how the proposal would affect higher fares and decreased service. Representatives of diverse agricul- education grant funding, and said that the Peter Sausen, Dept. of Finance, ture research, including Rural Advantage Higher Education Budget and Policy Divi- briefly reviewed the status of NWA’s and the Minnesota Hazelnut Council, sion should review the proposal. The bill agreements with the state. A key provi- addressed the status of various multifunc- was recommended to pass and re-referred sion in the 1992 public financing package tional agriculture opportunities. Linda to the Finance Committee. was an agreement to operate maintenance Meschke, president of Rural Advantage, S.F. 2840 directs the Dept. of Military bases in northern Minnesota, Sausen said. spoke about third crops that reach a Affairs to study possible participation in The state’s interest was secured by a grant higher level of best management practices. the National Guard Youth Challenge Pro- of stock in the company, which the state Other concepts presented were perennial gram. The program would enroll students immediately sold to capture its value, he grass seed production, cover crops, woody 16 to 18 years old, who have dropped out said. A Duluth facility has been vacated perennials, and perennial grains. Sen. Rod of school and are unemployed, in a boot by NWA, Sausen said, and the Duluth Skoe (DFL-Clearbrook) said that invest- camp-like program that develops disci- Economic Development Authority has

5 Committee update entered into an agreement with Cirrus very dependent on the degree to which The second presentation was from Design to use at least part of the facility to NWA violates the covenants. the Hormel Institute. The Hormel construct the company’s new jet aircraft. Additional incentives for maintaining Institute’s mission is to promote science Northwest and its subsidiaries and af- significant Minnesota operations, An- education and research with applications filiates employ more than 13,600 Minne- derson said, include the airline’s revenue in medicine, said Gail Dennison, direc- sotans, said Dan McElroy, commissioner of sharing in MSP’s concessions revenue tor of development and public relations. the Dept. of Employment and Economic and rent reductions for an MSP facility. It is investigating the causes of cancer to Development. That amounts to about 46 If NWA no longer operates a Minnesota develop new basic strategies for its preven- percent of the company’s global employ- headquarters and does not maintain a hub tion, treatment and cure, she said. The ment, he said. The MSP hub is likely not at MSP, he said, the airline would lose its institute’s partnership with the University at risk, McElroy said, because of its central share of the airport’s concessions revenue of Minnesota and collaboration with location in North America and its easy and the rent reductions would be elimi- the Mayo Clinic, Dennison said, support nated. In the scope of a multi-billion dol- access to polar routes to Europe and Asia. scientific achievement recognized globally lar merger, accelerated payments on a few in leading academic journals. The hub has been called a “North Coast hundred million dollars of loans may not gateway,” he said, and MSP is one of the be significant, but it is a pressure point, most reliable hubs because it rarely fogs Lanners said. The loss of the concessions Capital Investment out. I am hoping to persuade the board of revenue and the higher rent, he said, are a new airline that Minneapolis-St. Paul significant, annual, ongoing losses for a $958 million-plus bonds bill gains is a great place to operate an airline from, merged airline, he said. Lanners said the A bonding package providing for over he said. McElroy said the Twin Cities are commission views all the issues as tools $1 billion in total spending was approved a great place for a corporate headquarters, in any discussion with NWA or a merged by members of the Capital Investment having been named the lead metro area airline. Committee, Tues., Feb. 26. The proposal’s for businesses in 2007 by MarketWatch. Members also heard briefly from Matt next stop is in the Finance Committee. Minneapolis-St. Paul is a recognized world Marsh, chairman of the Champion Air Chair Keith Langseth (DFL-Glyn- don) said the panel received over $3.5 bil- leader in offering smart employees for unit of the Air Line Pilots Association. lion in requests, with a target of less than businesses and a very high quality of life Marsh said Champion Air is privately owned, but has a historic relationship $1 billion in general obligation bonds. To in order to recruit employees to move for with NWA. We hope to work with NWA help members evaluate needs and deter- the corporation, he said. and perhaps create an opportunity for mine priorities, he said, the panel held Jack Lanners and Tom Anderson Champion pilots to transfer to NWA, 301 on-site visits and meetings. “You learn discussed the potential merger from the Marsh said. far more on site than you ever do at the Metropolitan Airports Commission’s Capitol,” Langseth said. He said the pack- standpoint. Delta would be one of better BioBusiness Alliance, Hormel age keeps the state well within its unoffi- partners for NWA, from MSP’s stand- cial debt limit; the state seeks to keep debt point, said Lanners, the MAC chairman. Institute overviews heard service payments to no more than three There is not a lot of overlap in the two Collaborative efforts in science and percent of general fund spending. Accord- carriers’ systems, he said, and MSP would emerging industries were the focus of the ing to the Dept. of Finance, the state is become the westernmost hub of a merged Wed., Feb. 27, meeting of the Business, at 2.42 percent right now, Langseth said. Industry and Jobs Committee, chaired by carrier. We have protected our financial This bill will not get us to three percent, Sen. James Metzen (DFL-South St. Paul). he said. interests to the best of our abilities, Lan- Dale Wahlstrom, CEO, reviewed the ners said. We have provided incentives activities of the BioBusiness Alliance, While the total package exceeds $1 for NWA and other carriers to grow and which is devoted to building the biosci- billion, the debt service obligation to expand their MSP operations, he said. ence industry, retaining and creating jobs, support the bonds is distributed among The airport is in a good position as a top- and positioning Minnesota as a global several funds. The bulk of the package, rated facility with low operational costs leader in biobusiness. One the organiza- $958.785 million, is supported by debt for airlines, Lanners said. Anderson, the tion’s newest collaborations, Wahlstrom service payments from the general fund. MAC general counsel, reviewed the three said, is Destination 2025, an effort The proposal also includes $25.455 mil- agreements between the airline and the undertaken with Deloitte Consulting. lion in traditional general fund spending. MAC. The Hub Covenant sets passenger The project seeks to develop a 20-year The package includes $133.999 million and flight requirements, the Headquarters strategic plan and roadmap for the nature for the University of Minnesota; $271.085 Covenant requires the airline’s headquar- and timing of investments needed to million for the Minnesota State Colleges ters to stay in Minnesota, and the Em- ensure Minnesota’s sustainable long-term and Universities; $35.24 million for the ployment Covenant requires the airline competitive position, he said. Destination Dept. of Education, including $32 million to maintain certain employment levels in 2025 focuses on medical devices, pharma/ for Independent School District No. 38, the state, he said. The principal conse- biologics, animal health, food, renewable Red Lake; $6 million for the Minnesota quence of violating any of the covenants energy and biomaterials. Another initia- State Academies; and $999,000 for the is an acceleration of the repayment of tive, Wahlstrom said, is the BioBusiness Perpich Center for Arts Education. The MAC loans made to NWA, Anderson Resource Network, a virtual network to proposal provides $99.66 million for the said. The acceleration provisions are support emerging and established biobusi- Dept. of Natural Resources, including detailed and complex, Anderson said, and ness enterprises. $33.9 million for flood hazard mitiga-

6 tion grants and what Langseth default to include a separate, called a $100,000 “placeholder” differently-colored notice of for Lake Vermilion State Park; the availability of foreclosure $27.5 million for the Pollution prevention counseling to help Control Agency, including $25 homeowners. The bill also million for a new closed landfill clarifies the interest payable cleanup program; $7.5 million for a redemption of foreclosed for the Minnesota Zoo; $21.225 realty. Scheid said the bill was for the Dept. of Administra- really within the jurisdiction tion, including $15.4 million to of the Judiciary Committee, restore the State Capitol; and which has already devoted con- $9.725 million for the Amateur siderable work to the bill, but Sports Commission. that she brought the bill before The package includes $8 the Commerce and Consumer million for the Dept. of Military Protection Committee because Affairs; $23.532 million for the committee oversees the the Dept. of Veterans Affairs; banking industry. $16.01 million for the Dept. The second bill, S.F. of Public Safety; $21.5 million 2881, makes a number of small for the Dept. of Transporta- changes needed after last year’s tion, including $2 million for major mortgage legislation, a high-speed rail line between Scheid said. There are always Chicago and St. Paul and $1.5 a few things that get missed or million for passenger rail service overlooked in acting on com- between the Twin Cities and prehensive legislation, she said. Duluth; and $136.62 million Ron Elwood, Legal Services for the Metropolitan Council, Advocacy Project, highlighted including $70 million for the some of the bill’s provisions, Central Corridor light rail line. including an increase in the The proposal provides $12.65 cap on contract-for-deed pro- million for the Dept. of Human tections. The current $100,000 Services; $32.341 million for cap is ancient in terms of home the Dept. of Corrections, over values, Elwood said, and the half of which is to expand the Champion Air Pilot Captain Matthew Marsh expresses bill brings the cap in line with Faribault correctional facility; concerns to members of the Business, Industry and Jobs Com- modern home values and ties it $206.825 million for the Dept. mittee, Mon., Feb. 25, about the effect a potential merger to a market index. of Employment and Economic between Northwest Airlines and Delta Air Lines may have on S.F. 3154, the final bill, Development, including $40 the airline industry. Photo by David J. Oakes clarifies what documentation a million for the Duluth En- lender may rely on to evaluate tertainment and Convention to be issued by the University, provide a borrower’s ability to repay, Center, $10 million for a Crookston ice that the state is not legally or morally said Mary Baymler, Burnet Home Loans. arena, and $30 million for infrastructure obligated to pay the bonds, and establish The bill does not undo last year’s restric- to support a new steel plant in Itasca a schedule for state payment of up to 80 tions on “no-doc loans,” Scheid said. The County; and $12.694 million for the Min- percent of the debt service. proposal is meant to permit reputable nesota Historical Society. businesses making responsible loans to Additionally, the proposal includes a continue to do so, Scheid said, as long number of policy items. It requires state Commerce and Consumer as the lenders are relying on verifiable agencies preparing predesigns for new Protection documents that indicate a borrower has a buildings to consider meeting at least two reasonable probability of repaying. percent of the building’s energy needs Home lending bills gain from wind and solar sources located on Three bills relating to home loans Cell consumers bill considered the site. The proposal extends the state’s were the focus of the Commerce and The Committee on Commerce and sustainability requirements for new state Consumer Protection Committee, Tues., Consumer Protection, chaired by Sen. buildings to major renovations of state Feb. 26. The panel advanced the bills, Linda Scheid (DFL-Brooklyn Park), met buildings. It also creates a biomedical all carried by Chair Linda Scheid (DFL- Thurs., Feb. 28, to consider two proposals. science research funding program for the Brooklyn Park), to the full Senate. The first alters aviation liability insur- University of Minnesota. Senate Counsel S.F. 2912 is designed to help people ance; the second establishes a cell phone Peter Wattson said the biomedical science work their way out of the foreclosure pro- consumer protection act. program provisions limit the number of cess before they lose their homes, Scheid S.F. 2491, sponsored by Sen. Yvonne buildings funded to four, require the bonds said. The bill requires the first notice of Prettner Solon (DFL-Duluth), prohibits

7 Committee update insurance companies from denying claims mer), heard a cooperative facility grant S.F. 3125, authored by Sen. Tom of insured persons based on actions or bonding proposal and two bills addressing Saxhaug (DFL-Grand Rapids), increases failure to act unless there is a direct causal the repeal of a school trust fund deduc- the basic formula allowance to $5,226 in connection to the claimed losses. The bill tion, Tues., Feb. 26. FY 09, fully funds the special education is in response to a Grand Marais plane S.F. 2951, authored by Sen. Sharon aid allowance and reduces special educa- crash in 2003. Two third-party passengers Erickson Ropes (DFL-Winona), directs tion excess cost aid. Fiscal Analyst Eric were denied coverage because the pilot’s $20 million in bond revenues for a coop- Nauman said the bill, in FY 08, adds $106 policy was retroactively denied due to erative facility grant to build a new school million to the general education entitle- unrelated circumstances. The bill is the in the Rushford-Peterson School District. ment, adds $108 million to the special product of an aviation meet and confer Flooding in August hurt the town’s tax education entitlement, and saves almost group, said Prettner Solon. John Ka- base and damaged the high school build- $34 million in the special education ex- vanagh of the Aircraft and Pilots Associa- ing, said Erickson Ropes. The high school cess cost entitlement. The appropriations tion said that the bill is a compromise that building was built in 1906, according to impact is projected to be $162 million in balances the rights of the third parties Superintendent Chuck Ehler, and had ac- new FY 09 spending and $455 million in with the concerns of the pilots and insur- cessibility and air quality issues before the new FY 10-11 spending, Nauman said. ance companies by narrowing the scope flood. A referendum in 2002 failed, said Representatives of several education of deniability. The bill was recommended Ehler. The bill was sent to the full Finance groups spoke in favor of the measure. Last to pass and re-referred to the Judiciary Committee for re-referral to the Capital year’s education bill was good, but it was Committee. Investment Committee. not enough, said Scott Croonquist, Asso- Sen. Mary Olson (DFL-Bemidji) Sen. Charles Wiger (DFL-St. Paul) ciation of Metropolitan School Districts. authored S.F. 833, developing a Wireless presented two bills addressing the school A lot of last year’s money was one-time Telephone Consumer Protection Act. In trust fund deduction. The first, S.F. 2422, money, he said, which does not address general, the bill requires that carriers pro- repeals the deduction. The K-12 land ongoing problems. The additional special vide billing information upfront, increase trust holds 2.5 million land acres and education funding was simply a restora- disclosure of information and conditions, one million acres in mineral resources, tion of previous cuts, he said. Once the and allow for more consumer recourse in according to Grace Schwab, Minnesota one-time money and special education the case of a complaint. School Boards Association. Revenue from Olson explained that the ubiquity dollars are factored out, Croonquist said, management of that land is deposited into the increases in education funding were and usefulness of cell phones puts people the trust fund for investment and inter- about three percent in FY 08 and less than at a bargaining disadvantage when dealing est accrual. Interest from the fund is then with companies. Olson also said that the distributed to school districts. Current law one percent in FY 09. Without the kind industry has rejected all regulation, and requires that for every dollar a district re- of funding in S.F. 3125, schools will see has not offered any language as an alterna- ceives from the fund, a dollar is subtracted significant layoffs next year, he said. With- tive. from the general fund allotment, ex- out this bill, we are looking at even higher Karen Olson, deputy attorney plained Wiger. Repealing that deduction stakes in the coming referendum season, general, said the Attorney General’s would cost about $27 million in 2009, said Brad Lundell, Schools for Equity in Office supports the bill, which addresses according to fiscal analyst Eric Nauman. Education. Districts with failed referenda problems with the industry and the large Wiger’s second bill, S.F. 2392, would saw massive cuts this year, he said, and volume of consumer complaints. direct that deduction into technology those cuts will be dwarfed by the cuts that Keith Weigel of AARP said it was the upgrades and investments in the schools. are likely to come without significant in- organization’s top consumer protection Sen. David Hann (R-Eden Prairie) vestment. We need a funding system that issue for this year. recommended allowing school districts meets our students’ needs, Lundell said. However, Gerry Keegan of Cellular to determine where the money should This bill is the hope for schools, said Telecommunications International As- go, rather than directing it specifically to Mary Cecconi, Parents United. Districts sociation said that the industry is evolving technology. are ending many activities in middle rapidly without regulation toward better Discussion also touched on how the service, and regulation would increase schools this year, she said, and next year state could maximize return from the the program cuts will extend to the high rates and decrease innovation. lands and mineral resources. The bill was amended to exclude schools. Other districts are no longer of- S.F. 2422 was laid over for possible in- fering foreign languages and AP classes, pre-paid cell phones and clarify language clusion in an omnibus education bill. The regarding notification of business or bulk she said. Districts have done all they can, division took no action on S.F. 2392. account consumers. The chair requested Cecconi said, including spending their that the bill be laid on the table for fur- fund balances, making cuts for a decade, ther discussion. Funding increase proposal heard working to pass levies and marketing for A proposal to increase the basic new students. In addition, parents have education formula allowance and special formed foundations, held bake sales, and E-12 Education Budget education aid was the centerpiece of the become savvy campaigners, she said. Division Wed., Feb. 27, meeting of the E-12 Educa- There is no more to be done at the local tion Budget Division. The panel, chaired level, she said, schools need state help. Trust fund deduction considered by Sen. LeRoy Stumpf (DFL-Plummer), The bargain with schools has been that The E-12 Education Budget Division, laid the measure aside for further consid- the state was going to take care of the chaired by Sen. Larry Stumpf (DFL-Plum- eration. basics, and the schools would seek levy au-

8 thority for additional programs, she said. nance products by Jan. 1, 2009. Schools right to refuse to drive after documenting However, a consistent theme throughout are then directed to follow the guidelines needed bus repairs. levy referendum appeals since 2001 has when economically feasible, said Rest, and Gaylen Lenz of the Minnesota School been maintenance, not growth, she said. review those plans annually. Bus Drivers Association said the bill Division members also heard a report David Bearman, a Plymouth citizen, interferes with competitive negotiations, from Minnesota’s Promise, a partner- said that the bill would reduce absentee- and emphasized that contractors are just ship of education and civic organizations ism in children who may not be exposed as safe as, if not more safe, than in-house formed to craft a clear and compelling vi- to the chemicals at home, and improve operations. Shelly Jonas of the Minnesota sion of the future of public education. The the health of employees. The bill does not School Bus Drivers Association said the report identified ten essential elements ban schools from purchasing non-green bill forces school districts to interfere with of a high-performing educational system: products, like disinfectants, if they choose, free enterprise. Testifiers argued the right- early childhood education, educator qual- said Rest. The bill was recommended to to-refuse subdivision and pay for inspec- ity, academic rigor, family and community pass and referred to State Government tion requirements are redundant. Thomas involvement, multicultural community, Budget Division. Deans of the School Boards Association data and research, funding, time, spe- The second proposal, S.F. 2369, said that the reporting paperwork would cial education, and health and wellness. requires schools to request criminal back- make contracts more expensive. According to the report, every level of ground checks from the Bureau of Crimi- The bill was recommended to pass education—the state, school districts and and re-referred to the Finance Committee. nal Apprehension on athletic coaches individual schools—must have a clear Wiger emphasized that the author would and obtain the information before the understanding of the role it plays in help- continue to work with the stakeholders. individual begins coaching. Robbinsdale ing students succeed, of how its efforts re- inforce what happens at the other levels, Assistant Superintendent Nancy Rajanen said she supported the bill, yet reminded Library, literacy bills okayed and of how to build on prior activity. Two measures relating to libraries and The full report is available online the panel that it is not a perfect system. The background checks may not be com- literacy were approved by members of the at http://www.minnesotaspromise.org/ Education Committee, Wed., Feb. 27. publications/documents/MNpromise_fi- plete if data is not reported to the bureau. The bill also does not apply to volunteers, S.F. 3157, sponsored by Sen. Kathy nal-1-25.pdf. Saltzman (DFL-Woodbury), requires who may or may not be tested depend- school districts to have at least one ing on district policy. However, Rajanen licensed library media specialist in each Education said the bill would help districts show due school building. Under the bill, licensed Student safety bills heard diligence in their hiring procedures. The library media specialists are to build age The Committee on Education, bill was recommended to pass and sent to and developmentally appropriate collec- chaired by Sen. Charles Wiger (DFL-Ma- the Judiciary Committee. tions of print and electronic resources, plewood), heard bills addressing student S.F. 2597, sponsored by Sen. Kathy collaborate in teaching information and safety, Mon., Feb. 25. Saltzman (DFL-Woodbury), requires technology literacy standards and develop S.F. 2988, sponsored by Sen. Rick schools to check with the Board of learning activities that improve student Olseen (DFL-Harris), requires Type III Teaching website to determine whether achievement. Saltzman said 21 states have school transportation vehicle drivers to a prospective employee had been subject a similar requirement. The librarians of meet the same background checks and to disciplinary action related to sexual today are not the librarians many of us physical, drug and alcohol testing require- conduct. The school hiring authority grew up with, she said. Today’s library me- ments of bus drivers. Type III vehicles are must also require the applicant to provide dia specialists help students find resources cars, station wagons, vans, or buses that information on current and past disciplin- in a number of media, not just traditional seat 10 or fewer passengers. The bill also ary actions. A representative of Education print resources, Saltzman said. Several requires drivers to be trained in safety, be- Minnesota spoke in favor of the proposal. library media specialists and students havior and operation, and includes driving The bill was recommended to pass and discussed the importance of quality library a type III bus in the alcohol-related school sent to the Judiciary Committee. services in schools. A representative of bus driving crimes. S.F. 3078, sponsored by Sen. Scott the Minnesota School Boards Association William Berglund, father of a girl Dibble (DFL-Mpls.), requires disclosure said school boards also value library ser- killed in a Type III accident last year, on contracts between transportation vices, but have to make difficult choices in testified that had he and his wife known services and school districts. The bill the face of limited resources. The bill was that their driver did not meet the same requires contractors to report on their forwarded to the Finance Committee. standards as a bus driver, they would never operations, including drivers’ records, S.F. 3156, carried by Saltzman and have used the transportation service. The company retainment policies and training. Sen. Gen Olson (R-Minnetrista), defines bill was recommended to pass and sent to Many districts don’t have written policies five strands of comprehensive, scientifical- the Judiciary Committee. regarding transportation contract require- ly based reading instruction. The strands Sen. Ann Rest (DFL-New Hope) ments such as driver standards, costs, and are phonemic awareness, phonics, fluency, sponsored two bills. S.F. 2804 directs the transit times, said Dibble, and the bill vocabulary development and reading commissioner of education to establish would require them to do so. The bill also comprehension. The bill also provides for guidelines for the purchase of environ- requires drivers to be paid for daily inspec- a reading instruction competence assess- mentally sensitive cleaning and mainte- tions of their vehicle, and gives them the ment for all pre-K and elementary instruc-

9 Committee update tors. Finally, the bill provides for grants for author. This bill is designed to make sure energy improvement and the development pre-K through grade 2 teachers to attend we measure what we value, not just value of building energy performance standards. approved reading instruction programs. what we measure, Rummel said. Com- Sen. Gary Kubly (DFL-Granite Saltzman and Olson discussed the impor- missioner Alice Seagren said the Depart- Falls) sponsored two measures. S.F. 1698 tance of high-quality literacy education ment of Education is concerned that some provides for grants to schools and public as a foundation for future instruction. of the bill’s growth-based expectations buildings installing heating units that Students need to learn about the structure for student achievement are not suffi- use biomass fuels. Kubly acknowledged of language, and they need to be taught in that, with a $500,000 appropriation, it is multiple ways, Saltzman said. Reading is ciently rigorous. However, Seagren said, the department will work with the bill’s unlikely the bill will gain final passage this not a content area, it is an underlying skill year. However, he said the ideas in the bill that must be learned in order to master all proponents to improve the expectations deserved hearing. Bob Ryan, Sunrise Agra the content areas, Olson said. The mea- and adjust other provisions of concern. Fuels, described a new technology for us- sure was advanced to the State and Local Because members ran out of time, the bill ing biomass fuels. The bill was laid over to Government Operations and Oversight was laid over for further consideration. Committee. allow time for clarifying amendments to Committee members, chaired by Sen. be drafted. S.F. 2749 creates a wind energy Charles Wiger (DFL-Maplewood), also Energy, Utilities, Technology conversion system aggregation program. heard a bill on the use of multiple perfor- and Communications Kubly said the purpose of the program is mance measures to fairly and accurately to create a clearinghouse to coordinate report student achievement and school Renewable energy bills heard and arrange umbrella sales arrangements performance. S.F. 2882 reflects the work Most of the Tues., Feb. 26, meeting in order to place large orders for wind of an advisory group created in last year’s of the Energy, Utilities, Technology and energy conversion systems. Members education finance bill, said Sen. Sandy Communications was devoted to discus- adopted an amendment providing for an Rummel (DFL-White Bear Lake), chief sion of bills relating to renewable energy, appropriation for the purposes in the bill.

Several hundred nurses express their support for legislation to improve patient care and address health care costs during a rally in the Capitol Rotunda, Tues., Feb. 26. Photo by A.J. Olmscheid

10 The bill was approved and advanced to important to education, business and the priation. The bill spells out what must be the Finance Committee. overall economy,” she said. In addition, included and specifies the data classifica- Committee Chair Yvonne Prettner access to high speed Internet could also tion of the information. The measure was Solon (DFL-Duluth) authored a bill, S.F. benefit the environment by allowing more laid over for further work. 2706, providing for the development and people to telecommute, Prettner Solon S.F. 2262, authored by Sparks, repeals application of building energy usage per- said. a number of obsolete rules relating to formance standards. Prettner Solon said Todd Hauschildt, Minnesota High telecommunications. The measure was ap- the concept of the bill has wide support Tech Association, said the United States proved and recommended for placement from architects, the Center for Sustain- and Minnesota are falling behind in on the Consent Calendar. S.F. 2939, car- able Building Research and a variety of broadband Internet access and speed. He ried by Sen. John Doll (DFL-Burnsville), other groups. She said the bill accepts the said broadband is crucial for economic modifies provisions relating to alternative challenge of a national sustainable build- development. He compared access to telecommunications regulation plans. The ing 2030 program. Under the program, broadband Internet to the coming of rail- bill was approved and advanced to the Prettner Solon said, new buildings would roads to small towns in the 19th Century Senate floor. have energy-efficiency standards that in providing opportunities for economic would result in a 50 percent increase in development. Leadership breeds innova- energy-efficiency and a corresponding tion and more applications will evolve, Environment and Natural reduction in carbon emissions from fossil- Hauschildt said. He said there is tremen- Resources fuel energy. She said the bill will encour- dous support from the business community age design innovation and cost effective- in a broadband Internet policy. Low emission standards bill heard ness. The bill is mandatory only for state Shirley Walz, Thomson West, spoke A bill, S.F. 481, requiring the adop- buildings and voluntary for private sector in support of the bill and outlined the tion of California standards regarding low- buildings, Prettner Solon said. actions other states are taking to develop emission vehicles was the sole focus of the A number of architects and energy broadband. She described an all Internet Mon., Feb. 25, meeting of the Environ- advocates spoke in support of the measure. home with a two-way, gigabit capable In- ment and Natural Resources Committee. The bill was approved and re-referred to ternet connection to provide DVD-quality Chair Satveer Chaudhary (DFL-Fridley) the State and Local Government Opera- videoconferencing, and other technology. said he wanted the committee to hear the tions and Oversight Committee. Mayor George Tourville, Inver Grove explanation of the bill and hear as much S.F. 3096, authored by Sen. Scott Heights, also spoke in support of the bill. testimony as possible at the meeting. He Dibble (DFL-Mpls.), creates a program for He said users of all kinds are recogniz- said the bill would then lie over until a government energy conservation invest- ing the need for higher Internet speeds if later hearing. ments. He said the bill is designed to we are to remain competitive with other Sen. John Marty (DFL-Roseville) allow local units of government to embark cities, states and countries. Tourville said, said the bill deals with the global warming on energy improvement projects. The “We are falling behind and we need to problem in a way that fits nicely with leg- bill was approved and advanced to the develop broadband improvements.” islation adopted last year. “Greenhouses Finance Committee. Ed Garvey, Dept. of Commerce, said gases emitted from the transportation Sen. John Doll (DFL-Burnsville) aggressive development of Internet speed segment are a large portion of the overall sponsored a bill, S.F. 3081, making ad- and accessibility are important for the problem, and if not addressed will place justments to provisions relating to cold state. He said the department is available even more pressure on other segments of weather rule past due payment agree- to provide technical and administrative the economy,” Marty said. ments. The bill was approved and sent to support. He said California has tougher emis- the Senate floor. Sen. Dan Sparks (DFL-Austin) sion standards because the standards were offered an amendment adding a labor enacted before federal standards. States Broadband bills gain representative from the communications may adopt either California or federal Much of the Thurs., Feb. 28, meeting industry to the task force. The amend- standards, Marty said. He said twelve of the Energy, Utilities, Technology and ment was adopted. Members also adopted other states have adopted the California Communications Committee was devoted an amendment specifying that one mem- standards. “We would be taking a big step to discussion of bills relating to broadband ber represent Greater Minnesota counties, forward in reducing greenhouse gases,” Internet access and telecommunication one member represent Greater Minnesota Marty said, “It costs a bit more, averaging regulation. cities, one member represent Metropoli- $7 per month, but with gasoline at $3 per Committee Chair Yvonne Prettner tan counties and one member represent gallon, there is a net savings because cars Solon (DFL-Duluth) authored a bill, S.F. Metropolitan cities. are more efficient.” 1918, creating the Ultra High-Speed The bill was approved and advanced Marty said the bill will also encour- Broadband Task Force. Prettner said the to the State and Local Government Op- age the use of E85 vehicles. “Last year, bill is designed to bring Minnesota into erations and Oversight Committee. we pushed the utilities forward, it is the 21st century by requiring task force Prettner Solon also sponsored a bill important we take the necessary steps in to make recommendations regarding the requiring the commissioner of commerce transportation,” he said. creation of a state ultra high-speed broad- to contract for a statewide inventory and Jim Erkel, Center for Environmen- band goal and a plan to implement that mapping of existing broadband service. tal Advocacy, spoke in support of the goal. “Access to high speed Internet is The measure also provides for an appro- measure. He said the standards are set so

11 Committee update that all models of vehicles will be able to Green Solutions Act, S.F. 2818, which ment of a regional system. Chaudhary sug- meet the required levels and that major she described as a market-based approach gested that it may strengthen Minnesota’s technological changes will not be needed. to limiting greenhouse gas emissions. The position. Molly Schultz, Conservation Minnesota, goals of a program are to advance the The bill also prescribes three studies. said in a study done last fall, 80 percent transition to a low greenhouse gas emit- The first directs the commissioner of com- of the state’s population support adoption ting economy in a manner that maximizes merce and the commissioner of pollution of the California standards. “We found public benefit and minimizes public costs, control to report to the Legislature on strong support across demographic groups said Anderson. the status of the Midwest Greenhouse and party affiliations,” Schultz said. Min- Committee Chair Satveer Chaudhary Gas Accord by Dec. 1, 2008. The second nesotans know automakers are dragging (DFL-Fridley) emphasized that the bill report would analyze how decisions on their heels in developing more efficient would receive many more hearings, and expenditures from the climate trust fund cars, she said. the focus of the committee was to deter- may be made. David Thornton, assistant commis- mine if a system would have a positive The third study addresses the eco- sioner, Minnesota Pollution Control impact on Minnesota’s environment. nomic impact of cap and trade implemen- Agency, said currently, Minnesota meets The bill asserts that the Legislature tation, including rate changes, measures all federal air quality standards. finds a cap and trade program instrumen- of the degree to which fund expenditures Scott Lambert, Minnesota Auto tal to reducing green house gas emissions and reduction actions reduce economic Dealers Association, spoke in opposition in a cost effective manner, and sets reduc- impact and achieve cuts in greenhouse gas to the bill. He said the dealers are con- tion goals at 15 percent of 2005 levels by emissions, and analysis of ways to avoid cerned about the fuel economy standards. 2015, 30 percent by 2025, and 80 percent putting Minnesota industries at a com- “It is a matter of inventory; we want to by 2050. The bill requires the state to im- petitive disadvantage with competitors have the vehicles consumers want,” Lam- plement a cap and trade program for the outside of a cap and trade system. bert said. He said the California standards industries of electricity generation, large Committee member LeRoy Stumpf go too far, too fast. “The federal standards industrial facilities, transportation fuels, (DFL-Plummer) made a motion in support push the industry, the California standards natural gas for heating, and landfills. The of advancing the economic impact study push the industry over the cliff,” Lam- commissioner of commerce has discretion without the bill’s recommendations. Testi- bert said. He said enacting the bill would to add to that list under certain criteria. fiers including Bob Schulte of Central mean people would drive older vehicles Allowances for greenhouse gas emis- Minnesota Municipal Power Agency and longer causing more emissions, and it sions, also known as permits, must be Mike Robertson of the Minnesota Cham- would mean Minnesota would abdicate air distributed to individual facilities through ber of Commerce supported taking no quality standards to an unelected board in an auction system, in other words, there action until a study had been completed. California. would be no free allotments under cur- The majority of testifiers opposed to Eric Hyland and Laura Dooley, rent language, explained Anderson. This the bill emphasized that while they do not representing the Alliance of Automotive point was contested by many energy and oppose a cap and trade system, they would Manufacturers, also spoke in opposi- industry representatives during testimony, rather see it implemented on the federal tion to the bill. Dooley said automotive in favor of a gradual shift to 100 percent level first, and the regional level failing a manufacturers share the goal of reducing auctioning, or a mix of the two systems. J. federal program. greenhouse gases, but do not believe a Drake Hamilton of Fresh Energy said that Anderson emphasized that she is patchwork of standards is the way to reach the bill creates an economic incentive for interested in working with all stakeholders that goal. She said the standards are too carbon reductions. to reach a compromise and improve the aggressive and will lead to prohibitions Proceeds from the auctions would bill. The committee supported Ander- on the sale of light trucks and SUVs in be deposited into a climate trust fund. son’s motion to re-refer the bill without the marketplace and discourage the use of Expenditures from the fund must support recommendation to the Energy, Utilities, ethanol fuels. the bill’s goals, and could be used for con- Technology and Communication Com- Roger Moore, president, Minnesota sumer dividends, grants, incentives and mittee. Corn Growers Association, said corn financial aid for consumers and businesses growers are committed to alternative energy sources. He said, though, that the to support energy efficiency, and invest- Land sales and exchanges okayed corn growers are concerned about unin- ments for public infrastructure and worker The Environment and Natural tended consequences that might come training and retraining. The fund could Resources Subcommittee on Public Lands about under the bill, particularly regarding also provide financial support to study and and Waters, chaired by Sen. Dan Skogen renewable fuels. implement terrestrial carbon sequestra- (DFL-Hewitt), met Thurs., Feb 28, to tion. hear a series of bills authorizing the sale of The governor is directed to incorpo- tax-forfeited lands. Greenhouse gas emission cap and rate these principles in development of a Members advanced one measure to trade program guidelines reviewed regional cap and trade system already in the Environment and Natural Resources The Committee on Environment and the works, the Midwest Greenhouse Gas Subcommittee on Forestry. S.F. 2651, au- Natural Resources heard testimony on Accord. Edward Garvey of the Minnesota thored by Sen. Tom Saxhaug (DFL-Grand the cap and trade program for greenhouse Office of Energy Security said that passing Rapids), provides for expedited exchanges gas emissions Wed., Feb. 27. Sen. Ellen a state cap and trade program constrains of public land involving the state and Anderson (DFL-St. Paul) introduced the negotiations with other states in develop- governmental subdivisions of the state.

12 Saxhaug said consolidation of public land by Sen. Richard Cohen (DFL-St. Paul), The bill requires a phase-out of the reduces management costs and aids in the advanced the bill to the full Senate. chemicals in toys for ages three and under reduction of forest fragmentation. S.F. 2766 appropriates a total of in line with those passed in California, S.F. 2985, carried by Skogen, makes $479,000 to fund urgent needs in four explained Lindsay Dahl of Healthy additions and deletions to various state agencies. It provides $175,000 from the Legacy. Many manufacturers already parks, recreation areas and forest lands. general fund for the Minnesota Sesqui- produce phthalate-free products, and they In addition, the bill modifies the critical centennial Commission. Cohen, the bill’s are banned entirely in Europe according habitat private sector matching account author, said he had been informed that to Dahl. and includes state aquatic management the commission was out of money and Julie Goodman, senior toxicologist areas in the outdoor recreation system. that, without the additional funds, com- for Gradient Corp. testified on behalf of S.F. 2650, carried by Saxhaug, pro- mission staff would be laid off within a day the American Chemistry Council. She vides for the disposition of lease proceeds or two. The bill also provides $304,000 presented studies that have concluded and authorizes the sale of tax-forfeited from the special revenue fund to permit that bisphenol-A has no effect at low land in Itasca County. S.F. 2665 and S.F. the Board of Chiropractic Examiners, doses. 2666, sponsored by Sen. Ray Vande- Board of Dentistry, and Board of Veteri- Harry Fisch, director of the Male Re- veer (R-Forest Lake), authorize the sale nary Medicine to deal with significant productive Center and professor of clini- and conveyance of tax-forfeited land in contested hearings. cal urology at Columbia University pre- Washington County. S.F. 2802, authored Sen. Linda Berglin (DFL-Mpls.) said sented his own university-funded research by Skogen, provides for the sale of tax- she was uncomfortable proceeding because on behalf of the chemical industry, finding forfeited land in Otter Tail County. Sen. the state is facing a significant shortfall. no rise in a reproductive defect blamed LeRoy Stumpf (DFL-Plummer) sponsored Spending more money without knowing on phthalates. The March of Dimes has a bill, S.F. 3060, authorizing the sale of what cutbacks we will need to make is accepted his findings, said Fisch. land in Marshall County. S.F. 3086, car- ill advised, she said. Cohen said he was The bill was recommended to pass ried by Sen. Thomas Bakk (DFL-Cook), evaluating requests skeptically as they 8-4 and sent to the Commerce and Con- provides for the sale of tax-forfeited land came in, to identify only those that were sumer Protection Committee. in St. Louis County. S.F. 3095, authored absolutely necessary. S.F. 2999, authored by Sen. Ellen An- by Sen. James Metzen (DFL-South St. derson (DFL-St. Paul), requires manufac- Paul), provides for the sale of tax-forfeited Health, Housing and Family turers of cosmetics to disclose on the label land in Dakota County. Saxhaug carried a if dibutyl phthalate is an ingredient in the bill, S.F. 2977, providing for the expedited Security fragrance. The remainder of the fragrance exchange of public land procedures and ingredients must be listed on the manu- modifying the procedures for wetlands for Products’ safety considered facturer’s website. wildlife acquisition. The Committee on Health, Hous- Anderson said that the Food and S.F. 3233, sponsored by Sen. Gen ing and Family Security reviewed two Olson (R-Minnetrista), provides for the bills Mon., Feb. 25. Chaired by Sen. John Drug Administration does not have the sale of land in the city of Wayzata. A pro- Marty (DFL-Roseville), the panel focused authority to regulate the cosmetics indus- posal, sponsored by Sen. Rod Skoe (DFL- on regulating chemicals found in con- try, with the exception of a few prohibited Clearbrook), provides for a land sale in sumer products. products, while the European Union has Clearwater. Finally, the panel considered S.F. 1858, sponsored by Sen. Sandy banned 110 chemicals in personal care S.F. 2687. The bill, carried by Sen. David Rummel (DFL-White Bear Lake), bans products. Tomassoni (DFL-Chisholm), authorizes bisphenol-A and phthalates in children’s Students Katie Gasper of Bethel St. Louis County to enter a 30-year lease toys and products. Phthalates are used College and Madeline Kovacs of Ma- of tax-forfeited land for a wind energy to soften plastics used in products such calester College presented the products community-based energy development as teethers, and bisphenol-A is used to they use and the chemical components project. The measure also authorizes the harden plastics such as sippy cups and as that could have harmful effects according commissioner of natural resources to enter a liner for food containers, said Rummel. to the Skin Deep online database. Both a 30-year lease of school trust land for the Both chemicals disrupt hormones and noted products that may have hormonal same project. are linked to developmental problems, and reproductive effects, in addition to All of the above bills were amended particularly of the reproductive system, listings for fragrance, which they said does onto S.F. 2985, which was approved and according to Dr. David Wallinga, food not actually specify which ingredients are advanced to the full Environment and and public health program director for the included. Natural Resources Committee Institute for Agriculture and Trade Policy. Phil Griffin and Sharon D’Agostino Sen. David Hann (R-Eden Prairie) of Johnson & Johnson said that they had Finance questioned the science of the claims, and worked with Anderson and largely support asked why the panel should ban a product disclosure of ingredients, however, they do Deficiency bill okayed that the Environmental Protection Agen- not support the disclosure of fragrance in- Members of the Finance Committee cy has not targeted as dangerous. The gredients. D’Agostino said that fragrances met Mon., Feb. 25, to approve a measure committee adopted a Hann amendment are protected trade secrets of fragrance providing funds for identified deficiencies to delete subdivisions claiming the effects manufacturers that supplies to personal in state entity budgets. The panel, chaired of the chemicals as legislative findings. care product manufacturers.

13 Committee update A roll call vote advanced the bill to reduces Medical Assistance verification portability, and affordability of health the Commerce and Consumer Protection requirements, allows delayed verifica- insurance products. Rosen explained that Committee, 7-2. tion for state health care programs, and Section 125 plans allow individuals to provides an additional month of eligibility purchase health plans directly through Health care reform bill heard for state health program enrollees who the insurance exchange or through an Members of the Health, Housing fail to submit renewal documentation in employer. She said Section 125 plans refer and Family Security Committee devoted a timely manner, Berglin said. The bill to the section of the federal tax code that both an afternoon hearing and an evening also increases the MinnesotaCare an- allows the purchase of health insurance meeting to consideration of a major nual inpatient hospital limit, increases with pre-tax dollars. Under the bill, by health care reform package. The commit- the program income limit and eliminates Jan. 1, 2009, all employers with 11 or tee, chaired by Sen. John Marty (DFL-Ro- the four-month uninsured requirement. more employees are required to establish a seville), approved the bill, S.F. 3099, and Berglin said the bill also establishes a new Section 125 plan to allow their employees laid the bill over for further discussion. MinnesotaCare premium scale based on to purchase health insurance. Chief Author Linda Berglin (DFL- the affordability standard and exempts Berglin said the Health Care Trans- Mpls.) said the bill is the result of work new households from the first month of formation Commission established under done by the Health Care Access Commis- MinnesotaCare premiums. The elimina- the bill is charged with developing a de- sion and the governor’s Transformation tion of the income limits for parents on sign and implementing a plan for a health care payment restructuring system. Under Task Force over the course of the interim. MinnesotaCare is contingent on meeting the bill, the commission must develop a Berglin said the Health Care Access the cost containment goals and sufficient uniform definition for “baskets of care,” Commission working groups undertook funding. Sen. Paul Koering (R-Fort Ripley) establish a mechanism for soliciting and a grueling schedule in order to develop accepting bids from health care providers the recommendations for change that are outlined provisions in the bill dealing with providing health insurance to long- and health care systems, and develop a contained in the bill. method for monitoring and evaluating the She said the bill has three major term care workers. Koering said the work- ing group he chaired struggled with get- effectiveness of the payment restructuring components—a major investment in systems. public health, payment reform to allow ting information and recommended that the commissioner of human services be Sen. Ann Lynch (DFL-Rochester) providers more flexibility, and expansion outlined portions of the bill establishing required to do a study. He said the bill re- of coverage to the uninsured. the Health Care Value Reporting Orga- quires the commissioner to report recom- She said every member of the Health nization. “This is the quality piece of the Care Access Commission and the Trans- mendations for a rate increase that would reform package,” Lynch said, “the benefit formation Task Force felt comfortable be dedicated to purchase employee health set will be more transparent and value that savings will occur with the reforms in care coverage in the private market. In oriented.” The bill requires the develop- the bill and that those savings will allow addition, the commissioner is required to ment of a cost-effective, evidence-based expansion of eligibility. develop cost estimates for three levels of benefit set. Sen. Tony Lourey (DFL-Kerrick) out- coverage, Koering said. Payment reform based on incentive lined the provisions in the bill providing Berglin said the bill also addresses payments for high quality and efficient for the development of health care homes. health insurance purchasing and af- care is a major part of the reform package, The concept of health care homes for fordability. The bill establishes a health Berglin said. She said the Health Care individuals is to provide coordinated care insurance exchange, establishes Section Transformation Commission is required for individuals with complex or chronic 125 plans, establishes a Health Care to develop a payment system that links conditions, Lourey said. He said the bill Transformation Commission, establishes the level of payments to providers to the provides delivery reform to reestablish the a standard health benefit and sets design quality and efficiency of care. Berglin trust link between patient and provider. and health technology assessments. She said there will be three levels under the Health care homes are a way to get out said the bill also restructures the health reformed payment system, which will of the tyranny of the visit; those are the care payment system, establishes a savings encourage innovation to improve costs widgets we count right now, Lourey said. recapture assessment, establishes cost and quality. He said that by changing how providers containment goals, specifies an affordabil- The bill also establishes a health deliver care and allowing them to be more ity standard for health coverage costs and improvement program. Sen. Patricia flexible we can derive phenomenal costs provides subsidies for certain persons with Torres Ray (DFL-Mpls.) explained the savings and better care. “We need to tap employer-subsidized coverage. public health component of the bill. She into peoples’ inherent wish to be healthy,” Sen. Julie Rosen (R-Fairmont) said under the bill, grants are provided to Lourey said. We want to be a partner in explained the creation of the health insur- local community health boards for local moving the delivery forward by hooking ance exchange and Section 125 plans. programs targeted at reducing the number the patient up with a health care team, he “There is true reform here,” Rosen said, of Minnesotans who are obese, reducing said. “the health insurance exchange is estab- tobacco smoking and reducing the abusive Berglin said another goal of the bill is lished to improve the insurance market use of alcohol and drugs. Torres Ray said to increase access and continuity of care. and serve as a market clearing house.” the public health portions of the program To that end, the bill increases automa- She said the exchange will facilitate bet- will be funded by a small percentage of tion and coordination of state health ter market functioning and will provide hospital and health plan company net care program eligibility and renewals, individuals with greater access, choice, patient revenue.

14 Committee members heard exten- sive testimony, both for and against the measure. Dick Pettingill, president and CEO, Allina Hospitals and Clinics, said, “The old tools and methods for provid- ing health care need to be revamped and realigned.” He said Allina and the state share a common mission to deliver exceptional care all along the health care continuum. Pettingill said, “I am express- ing Allina’s strong support for the health care reforms in the bill.” He said Allina’s care model involves caring for the acutely ill, promoting wellness and managing the chronically ill. “Our new care model calls for payment reform and evidence based practices to become more efficient and more effective,” Pettingill Ann Robinow, independent health- care consultant, said her expertise lies in incentive alignment for providers and consumers. She said without payment reform costs will continue to increase at unsustainable levels. Sustainable costs savings cannot be realized until providers use resources most effectively, Robinow said. Dr. Jerry Potts, chief, Dept. of Family Medicine, Hennepin County Medical Center, said he applauded efforts to look a payment systems that force us to be less than optimal in our care for our patients. The concepts of medical home and pay- ment reform will help in providing care, Potts said. Pete Benner, former director of AFSCME Council 6 and a member of the Using a rubber duck as an example, Healthy Legacy Project Coordinator Lindsay working groups and the task force, said the Dahl describes to members of the Health, Housing and Family Security Committee, proposal for reform need to be looked at as Mon., Feb. 25, the harmful effect a hormonal disrupting chemical contained in the a package. Proposals for public health are toy can have on young children. Photo by David J. Oakes essential to control costs, Benner said. Tom Forsythe, vice president, Gen- also supports moving away from payment to make insurance more understandable, eral Mills, said he has worked on health based on volume. Berglin said. care reform for a long time. “The point I Heidi Michaels, insurance agent, said Don Gerhardt, CEO, Lifescience would make is that payment reform and she was opposed to the health insurers Alley, said the bill will make it difficult for delivery reform is absolutely essential in exchange. The exchange will have a nega- small and mid size med tech companies health care reform,” Forsythe said. tive effect on access, because the informa- to thrive because of a section in the bill Mary Jo George, Minnesota Nurses tion, promotion and assistance envisioned requiring a Technology Advisory Com- Association, said the current method of for the exchange is already happening in mittee to review new technologies for the payment and fragmentation of health the marketplace; it is my job description, benefit set. care delivery needs to be replaced with a Michaels said. She said the creation of Bruce Ruebin, Minnesota Hospital more holistic delivery system and payment the exchange does not increase choice or Association, said there is much to be reform. provide portability or reduce costs, but has enthusiastic about, but the association is Phil Griffin, representing the Min- the opposite effect. “There is a problem in concerned about the community benefit nesota Council of Health Plans, said the health care, but not a problem with insur- tax. It is an additional cost that has to be council supports expanding eligibility ance,” Michaels said. Berglin countered borne and will fall heaviest on those with and supports the efforts to improve public that one of the objectives of the exchange lowest income, Ruebin said. He said some health, but has concerns about the financ- is to provide assistance in obtaining the types of care, such as trauma care, don’t ing mechanism. Griffin said the council Section 125 plans. The second purpose is lend themselves to bundled payment. The

15 Committee update association strongly opposes a new tax on ery other piece. The provisions in the bill Dr. Jane Pederson, director of medi- hospitals, he said. concerning payment reform create incen- cal affairs, discussed the work of Stratis Beth Hartwig, Minnesota Business tives for providers and the other portions Health, an independent organization that Partnership, said the partnership sup- of the bill aid consumers, Berglin said. leads collaboration and innovation in ports a majority of the proposals, because Berglin offered, and members ad- health care quality and safety. Pederson they are market based. However, she said opted, an amendment clarifying lan- said Stratis Health can be a resource to the partnership opposes mandating that guage including health care plans in the policymakers for advancing e-health and employers provide Section 125 plans. Erin assessment on hospitals and clarifying health information technology. She said Sexton, Minnesota Chamber of Com- that the assessment expires in five years. the organization also promotes transparen- merce, echoed Hartwig. Sexton added, The assessment provides revenue for the cy and the reporting of quality data to the the savings recapture mechanism adds public health portions of the bill. She also public. In addition, the organization works fees and taxes on what we already have. offered an amendment on the statewide to reduce health disparities, foster quality The chamber is supportive of the concept health improvement plans. She said the in rural health care and support patient- of the health insurance exchange, but we Dept. of Health worked on the language centered care across the health care con- want people to have choice and we urge and the amendment provides for a three- tinuum, Pederson said. Stratis Health also that you not limit products, Sexton said. phase plan—assessment, planning and provides information and analysis on com- Dr. Robert Meiches, Minnesota implementation. In addition, the amend- plex health care policy issues and serves as Medical Association, said the MMA rec- ment provides for evaluating the program. a local liaison for Medicare quality-related ognizes the system is broken. He said the The amendment was adopted. policies and programs, she said. MMA strongly supports the public health Sen. Patricia Torres Ray (DFL-Mpls.) Dr. Gary Oftedahl, medical direc- and medical home provisions. Meiches offered an amendment that requires lin- tor, outlined the work of the Institute for said the MMA is concerned some of the guistic services to be covered in the care Clinical Systems Improvement (ICSI). language is too restrictive and will hamper coordination fee determined by the com- He said the organization was formed 15 the medical home concept. Most of the missioner. The amendment was adopted. years ago to improve the quality and value concerns are about the payment reform Marty offered an amendment adding of health care to patients. He said ICSI provisions, he said. No one sees payment dental care, mental health services, chem- is an independent, non-profit collabora- reform the same way, so there needs to be ical dependency, emergency transporta- tion comprised of 60 medical groups and much more clarity, Meiches said. tion services and prescription drugs to the sponsored by six Minnesota health plans. Committee members adopted several benefit set. Berglin said she envisioned Oftedahl said ICSI advocates for consum- amendments providing clarification to that those services would be included in ers, acts as a resource for providers and is provisions relating to weight trends. In the benefit set, but that it is more a matter a catalyst for improvement. ICSI helps addition, the panel adopted an amend- of timing. The amendment was adopted. create guidelines on how to prevent or ment including health plans in the public A second amendment, authored by manage a symptom or disease and provides health improvement assessment. Sen. Marty, deletes sections relating to the medical groups and hospitals with train- Yvonne Prettner Solon (DFL-Duluth) Health Care Transformation Commission ing and collaborative programs in quality offered, and members adopted, an and the level III payment reform. Berglin improvement, he said. amendment adding the Duluth residency said, “I strongly oppose the amendment Oftedahl also described a program program to the entities receiving funds for because the payment reforms in the bill initiated by ICSI—Diamond. He said primary care education initiatives. will generate much of the savings in the the Depression Improvement Across health care system.” Marty said, “We have Minnesota, Offering a New Direction Health care reform bill gains a very complex system now, but in the bill (Diamond) program is one of the most A major revamping of Minnesota’s a new bureaucracy is put in place.” Berglin promising approaches to managing care of health care system was approved at the said the bill will move us forward, a long patients with depression. He said depres- Fri., Feb. 29, meeting of the Health, way forward, but the amendment does sion affects an estimated 400,000 Min- Housing and Family Security Committee. not. Sen. Paul Koering (R-Fort Ripley) nesotans, yet is often undetected or, if The panel, chaired by Sen. John Marty said the amendment totally derails the bill detected, not effectively treated. Oftedahl (DFL-Roseville), advanced the bill to and should be voted down. The amend- said under the Diamond scenario, patients the Commerce and Consumer Protec- ment was not adopted. are correctly diagnosed, care is coordinat- tion Committee. S.F. 3099, authored by ed, patients are educated and monitored, Sen. Linda Berglin (DFL-Mpls.), reforms and fewer patients re-enter the health care payment methods, establishes a statewide systems. In addition, Diamond provides public health program, establishes health Health and Human Services a new payment model for reimbursement care homes to provide coordinated care, Budget Division for new processes proven to lead to better provides for increased access to health outcomes and a single billing code for a care and establishes a health care insur- Health care reports heard bundled set of services. He said Diamond ance exchange to assist individuals in Members of the Health and Human could become a model for managing other obtaining health care. Services Budget Division, chaired by Sen. chronic diseases. Members picked up the debate from Linda Berglin (DFL-Mpls.), gathered Members also heard an overview of the previous hearing. Berglin said the bill Tues., Feb. 26, to hear a series of reports Minnesota’s Steps initiative from Cara holds together and each piece supports ev- on health care. McNulty, Dept. of Health. She said Steps

16 to a HealthierUS is an initiative from the The task force found that the current differently; payment reform will increase U.S. Dept. of Health and Human Services payment system has misaligned incentives competition and consumers will get better that identifies and promotes programs because it is based on individual services, care at less costs.” He said the baskets-of- that encourage small behavior changes to Leitz said. The task force found that there care model allows consumers to go to the foster healthy behaviors, prevent disease are limited or no incentives for preven- marketplace and, based on quality and and reduce disparities in health care. She tion, quality care, innovation or value, costs, to make informed choices. said the initiative aims to help Americans he said. He said the overarching goals In other action, the division, chaired live longer, better, healthier lives by re- of payment reform are to put the right by Sen. Linda Berglin (DFL-Mpls.), also ducing the burden of diabetes, overweight, financial incentives in place to achieve heard a presentation on Maine’s Dirigo- obesity and asthma by addressing physical higher quality care, lower health care Choice plan. Dr. Lynn Blewett, University inactivity, poor nutrition and tobacco costs, enable more consumer engagement of Minnesota School of Public Health, use. She said the Steps program addresses and encourage more market competition described the financing of the plan. The risk factors for premature and prevent- among providers and plans. recovery of reductions in charity care, able deaths, decreased quality of life and The task force recommends empower- reform initiatives reducing the rate of financial costs through four settings: ing individuals with information and pro- growth in the health care system, em- community, worksites, schools and health viding choices, improving the coordina- ployer and individual contributions, the care. Four communities, Minneapolis, tion and management of care and increas- federal match for Medicaid and voluntary Rochester, St. Paul and Willmar, are the ing the transparency and competition on savings targets from insurance carriers cre- focus of the program, McNulty said. She price and quality, Leitz said. In addition, ate savings offset payments used to finance said Minnesota receives about $2.1 mil- the task force recommends establishing the program, Blewett said. DirigoChoice lion for the imitative. provider accountability for total cost and is a private health insurance product that At the close of the meeting Ber- quality of care and sustaining the neces- provides small employers access to subsi- glin announced the division’s bonding sary incentives for investment in design- dized health insurance through one large priorities. She said the first priority was ing the way health care is delivered. private insurer and includes sliding scale early childhood development grants, the Leitz said the Transformation Task subsidies for enrollees, Blewett said. second was the St. Paul Gillette Chil- Force recommends payment reform be dren’s Hospital and the third was the asset done in three stages. In the final stage, Higher Education Budget preservation request for veterans homes. patients would choose provider groups or The fourth priority was the state portion care systems based on costs and quality. and Policy Division Leitz said if the recommendations were of a new nurse building at the Minneapo- Governor’s bonding recs heard lis Veterans Home and the fifth was the followed, pricing would be simplified, The Tues., Feb. 26, meeting of the Ah Gwah Ching hospital redevelopment. providers would establish a single price for each service set by the marketplace, and Higher Education Budget and Policy Two projects tied for sixth place in the plans would structure benefits so that con- Division was devoted to discussion of the priority list: the Moose Lake sex offender sumers pay more for high cost, low quality governor’s bonding recommendations for program project and the Tubman Fam- providers. In addition, within the total the University of Minnesota and the Min- ily Violence Center project, Berglin said. cost of care model, providers would also nesota State Colleges and Universities Finally, the Hennepin County Medical establish transparent prices for baskets of (MnSCU). In addition, the panel, chaired Center health education project and the services, such as maternity or hip replace- by Sen. Sandra Pappas (DFL-St. Paul), White Earth juvenile treatment facility ments. considered two bills and some language tied for seventh place. Under a new payment system, changes needed in the bonding bill to ac- provider incentives would change from commodate five specific issues. Payment reform discussed rewards for higher volume to rewards for Susan Heegaard, director, Minnesota The lion’s share of the Wed., Feb. 27, better care management and there would Office of Higher Education, reviewed Health and Human Services Budget Divi- be incentives to re-design care delivery the governor’s recommendations. She sion meeting was devoted to discussion systems, Leitz said. In addition, he said said the governor proposed $129 million of the payment reform recommendations pricing simplification and bundled pricing for MnSCU and $129 million for the from the Transformation Task Force. would help consumers navigate the sys- University of Minnesota. The governor Scott Leitz, assistant commissioner, tem, promote greater market competition recommends that $40 million of each ap- Minnesota Dept. of Health, presented the and reduce the amount of resources spent propriation be used for system-wide asset task force’s findings. He said the task force on negotiating discounts and health plan preservation, Heegaard said. Heegaard identified several issues to be addressed. networks. said the governor recommends that of the “Our current system creates poor value Two members of the task force, Tom total amount appropriated to MnSCU, and has misaligned incentives,” Leitz said. Forsythe, vice president, General Mills, $25 million be appropriated to complete He said the task force addressed the issues and Dr. Charlie Fazio, chief medical of- the Trafton Science Center in Mankato, of unsustainable cost increases, low quality ficer and senior vice president, Medica $15 million be appropriated for Brown health care relative to the amount spent, Health Plans, spoke in support reforming Hall Science renovation in St. Cloud, $14 uneven distribution across the population the payment system as recommended million to renovate the transportation and and distortions in the types of health care by the task force. Forsythe said, “If we technology labs in St. Paul, $9 million that get delivered. can’t pay differently, we won’t get care be appropriated for the Sattgast Science

17 Committee update building addition in Bemidji, $20 million fies that the University is responsible for make a direct contribution to the state’s for classroom renovations at Normandale payment of at least 20 percent of the costs economy through the creation of new jobs and Inver Hills and $6 million to renovate of each facility. Under the bill, before the and new products and services. The bill small science labs system wide. commissioner of finance may make any was approved and advanced to the full The governor recommends that of payments to the Board of Regents, the Finance Committee. Cohen also moved the total appropriation for the University commissioner must certify that the board that the bill be included in the division’s of Minnesota, $48 million be appropriated has approved the maximum project cost, recommendations to the Capital Invest- for a new science teaching and student the amount of the annual payments of ment Committee. services building in the Twin Cities, $26 principal and interest required to service Pappas said the division’s bonding million be appropriated for Folwell Hall each series of bonds issued by the Univer- recommendations included funding all of renovation in the Twin Cities, $10 mil- sity and the actual amount of the state’s the University of Minnesota’s requests, lion be appropriated for a civil engineer- annual payment to the University. The MnSCU’s requests, the language changes ing addition in Duluth and $5 million be bill also provides for appropriations to the required by MnSCU, and S.F. 3094. In ad- appropriated to renovate a community University to retire the debt on the bonds. dition, Pappas said the division is request- services building in Morris. The measure also requires a portion of ing that the higher education systems’ The panel also considered S.F. 2963, any revenues derived from research at the priorities be followed in the event that full a bill that appropriates $200,000 for the facilities be used to reduce the state’s debt funding of the requests cannot be met. West Central Research and Outreach service payment. Station in Morris to improve pasture land Cohen said the Senate has been Access, prep programs discussed and construct a milking facility for an supportive of the requests for biomedical Programs serving communities under- organic dairy herd. The bill, sponsored by research facilities. Cohen said the bill will represented in the higher education stu- Sen. Gary Kubly (DFL-Granite dent population, including Falls), was laid over for possible low-income families and inclusion in the division’s rec- first-generation students, ommendations to the Capital were the focus of the Investment Committee. Thurs., Feb. 28, meeting of Al Johnson, MnSCU asso- the Higher Education Bud- ciate vice chancellor for facili- get and Policy Division. ties, said there were five issues Mary Lou Dresbach, that needed to be addressed Office of Higher Education, through language changes. The began the hearing with an first is language to provide for overview of the programs, acquisition of a building in which primarily seek to Owatonna, he said. Johnson reach out to under-rep- said other issues concern the resented communities to disposition of surplus state prepare students for higher property, reports to legislative education and make higher committee chairs on expendi- education options more ac- tures of more than $3 million, cessible to them. Division an increase in the maximum members, chaired by Sen. aggregate principal amount for Sandra Pappas (DFL-St. revenue bonds and a require- Paul), then heard from a ment that any funds left after sampling of programs and completion of a project to be initiatives. used for asset preservation We live in a very projects. Members approved all different world, with a the language changes. job market that is chang- The division also heard a ing dramatically, said bill, S.F. 3094, establishing a Catherine Jordan, CEO biomedical science research fa- of Achieve! Minneapolis. cilities funding program for the We cannot afford to lose University of Minnesota. The any of our young people, measure, sponsored by Sen. she said, and they all need Richard Cohen (DFL-St. Paul), a plan to graduate high provides that the program school prepared to go on provide appropriations to the Holding a handmade sign, 11-year-old Rhianne Lustig of Owaton- to higher education and Board of Regents of the Uni- na participates in a rally in the Capitol Rotunda, Wed., Feb. 27, the workforce. Achieve! versity of Minnesota for up to in support of ending violence against women. Rhianne’s brother is a coordinating organiza- 80 percent of the costs of four Riley was a victim of domestic violence when he was murdered by tion where students can get projects. The bill also speci- their mother’s boyfriend in 2006 at the age of two. more information about Photo by David J. Oakes

18 their options and be directed to where to continue toward a pharmacy degree. He ternative, and lessen the burden on cited they need to go, she said. Jordan said the said he, as the oldest child, is encourag- individuals. Otto said that the subject is organization is also proactive and goes to ing his siblings to start planning for their complicated, and clarification of the law where apprehensive students and parents educational futures. would be very helpful. are. The overview was followed by S.F. Mike Lopez, associate vice chancel- 155, sponsored by Sen. Leo Foley (DFL- lor for student affairs, reviewed MnSCU’s Judiciary Coon Rapids). The bill’s original form recruitment and retention programs. Administrative penalties, Social banned administrative fees for traffic vio- He said the initiatives include intensive lations, but was amended in the Transpor- tutoring, extended orientation programs, Security number sale debated tation Committee to allow the fees under and partnerships between institutions. The Judiciary Committee, chaired by certain guidelines. A Foley amendment to We have kept underrepresented students Sen. Mee Moua (DFL-St. Paul), heard a restore the bill to its original intent was at the center of our mission, said Barbara variety of bills Tues., Feb. 26, including a not approved by a 4-5 divided voice vote, Read, a vice president at Inver Hills Com- ban on administrative penalties for traffic and the bill was laid on the table. munity College. “Finish what you started” offenses and a change to Social Security Bill Gillespie of the Minnesota Police is our new motto, she said, in order to number protection provisions. State and Peace Officers Association opposed encourage students who start higher Auditor Rebecca Otto presented a report administrative fines. Gillespie said that education to stick with it. We are also on administrative penalty systems in local local management of the fines is a ripe op- reaching out to the middle band of high government. portunity for corruption or misuse. school students and encouraging them to Sen. Linda Higgins (DFL-Mpls.) Mark Sather, city manager of White prepare themselves for higher education, sponsored S.F. 2861, changing the due Bear Lake and representing the League of Read said. She said the school puts under- date of the Gang and Drug Oversight Minnesota Cities, is in favor of the fines. represented students in learning groups Council’s annual report to the Legislature. The city issues administrative fees for traf- for additional attention and peer support. The actual data that the report is drawn fic violations predominantly in residential from is provided too late for the council Being in a learning community helped neighborhoods when citations would not to prepare a report by the current Feb. 1 me develop confidence in myself and my normally be issued, he said. The citations deadline, said Higgins. The bill moves the abilities, especially as a first-generation deadline to March 15. The committee have decreased speeding complaints to the student, said Maichia Her, an Inver Hills approved the measure, and it was referred city council, said Sather. student. to the floor. Moua said that under current law The Power of YOU program was cre- S.F. 2656, also sponsored by Hig- local government can’t write administra- ated to remove real and perceived barriers gins, requires the Homeland Security tive tickets for traffic violations, which is to college attendance, said Phil Davis, Division to maintain and administer the the exclusive jurisdiction of the state, and president of Minneapolis Community and state emergency management curriculum the real discussion lies in whether that law Technical College. There is a serious gap and make that training available to state should be changed. in higher education that costs the Min- employees whose essential job duties The committee then spent time con- nesota economy $1.4 billion every year, involve emergency management. Each sidering S.F. 2390, sponsored by Sen. Don he said. The program is open to spring state agency with an assigned role as a Betzold (DFL-Fridley). The bill adjusts graduates of Minneapolis and St. Paul disaster or emergency response organiza- law that has not yet gone into effect that public, charter and alternative schools tion in the state emergency operations may prevent the issuing of credit reports who enter MCTC, St. Paul College or plan must have at least one employee who to Minnesota citizens. The bill clarifies Metropolitan State University full-time has completed the entire training curricu- that the law does not prohibit the transfer in the fall, he said. Davis said the program lum. Rocco Forte, Minneapolis emergency or disclosure of a Social Security number centers on three initiatives: outreach to preparedness and disasters director, spoke if it has no economic value to the seller encourage students to attend college, in favor of the bill. The committee ap- or is relevant to a larger transaction and financial support to close the gap between proved the measure, and it was referred to is initially collected for the purpose of federal financial aid and the cost of at- the floor. identification. tendance, and increased academic support Otto gave a brief overview of the The bill adds an exception to the services for students. The early results special study on administrative penalty prohibition on assigning or using a Social show significant promise, he said, with programs in the state. The auditor’s office Security number as a primary account substantial increases in first-year comple- found that some local governments have identifier when it is in conjunction with tion and second-year re-enrollment rates. administrative penalty programs for traffic an employee or member retirement or Our business community will benefit from enforcement outside the state system. benefit plan, a request from life insurance a more diverse, educated workforce, said Proceeds from the penalties are collected companies, explained Betzold. Current Beverly Turner, Travelers Companies. by the local governments and are not provisions restrict access to employees The program benefits the community recorded on driving or insurance records. who require Social Security numbers in and makes good business sense, she said. Local governments claimed the programs the performance of their jobs. The bill Several student participants praised the respond to inequitable distribution of state clarifies that restriction to allow access by program. “If it wasn’t for the Power of tickets, generate revenue to replace lost agents or contractors who require Social YOU, I wouldn’t be here,” said Cheng LGA, decrease court congestion, increase Security numbers in the performance of Lee, a St. Paul College student who plans enforcement through a cost-effective al- their jobs, said Betzold.

19 Committee update Sen. Warren Limmer (R-Maple Sen. Mee Moua (DFL-St. Paul), consid- hiring authorities to request criminal his- Grove) challenged the exclusion of ered was a measure relating to released tory background checks on anyone hired language that prevented the lease, loan, or offenders’ reentry into society. to provide athletic coaching or other trade of Social Security numbers that the S.F. 2790, sponsored by Sen. Linda extracurricular or co-curricular services. Senate debated last year. Judy Cook, of Higgins (DFL-Mpls.), includes a num- S.F. 1965, authored by Sen. Linda Berglin the Fair Information Practices Coalition, ber of initiatives to enhance offenders’ (DFL-Mpls.), expands a license variance said that the additional language required successful reentry into society. The bill set-aside grandfather clause to include extensive clarification, and the current requires courts either to defer prosecution persons in the field of adult corrections. bill only addresses the term of sale so that for some first-time, low-level drug posses- Both bills were advanced to the full Sen- the law can go into effect. The bill was sion offenders or to enter a written finding ate. passed as amended and re-referred to the stating substantial and compelling reasons S.F. 2988 governs type III school bus- floor. why a deferral is inappropriate. The es, which are normal passenger vehicles S.F. 2607, sponsored by Sen. Ann measure requires the Dept. of Corrections used to transport fewer than ten people. Rest (DFL-New Hope), establishes a pro- to develop a formal marketing plan to The bill, carried by Sen. Rick Olseen cedure for state agencies to assist commu- attract businesses and industries to employ (DFL-Harris), extends many provisions nities recovering from a natural disaster inmate services. The bill creates a process governing school bus operation, such as in areas of the state that are included in a for a released offender to petition for a a prohibition on personal cell phone use presidential declaration of major disaster. certificate of good conduct, if the person and special DWI provisions, to type III ve- The bill is the product of a working group is not under correctional supervision, is hicles. The bill was approved and re-re- over the summer, and creates guidelines not required to register as a predatory sex ferred to the State and Local Government under which state appropriations would be offender, has been law-abiding for at least Operations and Oversight Committee. made, said Rest. The bill was recommend- three years, demonstrates rehabilitation, Members also considered, but took ed to pass and re-referred to Finance. and can satisfy a number of other require- no action, on two bills. S.F. 2597, spon- Rest also sponsored S.F. 2402, updat- ments. The certificate creates a presump- sored by Sen. Kathy Saltzman (DFL- ing the Board of Accountancy statutes. tion of rehabilitation, under the bill, Woodbury), requires the Board of Teach- The sections relevant to the Judiciary and relieves the person of any collateral ing to place a notation on a teacher’s Committee provide that hearings con- sanction relating to housing, employment licensure record if the teacher has been ducted by the board related to disciplinary or professional licensing. The bill requires disciplined for sexual misconduct with a action are closed to the public, and data the commissioner of corrections to review student. When a school hiring authority is related to the hearing is private until the the department’s guidelines for revocation checking a prospective teacher’s licen- board has issued a decision. The bill also of parole and conditional release, creates sure record, the bill requires the school modifies the grounds under which the a working group on controlled substance hiring authority to contact the board to Board can refuse advancement of a license laws and a task force on a potential re- determine the substance of the disciplin- application or practice privileges to entry court pilot program, and requires ary actions. S.F. 3035, carried by Moua, include instances when a person has been the commissioner of corrections to study prohibits the use of arrest and charging convicted of a felony or misdemeanor. the need for and feasibility of establishing records for private employment purposes The third relevant section applies statutes re-entry facilities to assist in offenders’ when the arrest or charge does not result dealing with communications, work- reintegration. in a conviction. ing papers, and client records to persons Higgins said the bill addresses the In other action, members approved granted a practice privilege. The bill was serious problem of barriers to reentry for the appointment of Randy Staver as a recommended to pass and referred to the released offenders. We know that other- public member of the Board on Judicial wise basic things are key to successful re- Senate floor. Standards. entry, she said. Having a job is one of the S.F. 2642, sponsored by Moua, biggest indicators of success in reentering clarifies law regarding the Safe At Home society, she said. This is thoughtful legisla- program, which protects victims of Judiciary Budget Division tion that addresses a serious problem, said domestic violence. Some of the changes Ramsey County Attorney Susan Gaertner, Supplemental requests heard include clarification of what mail will be representing the County Attorneys Asso- Members of the Judiciary Budget forwarded in the program, creation of a ciation. Prosecutors care about justice, she Division, chaired by Sen. Leo Foley (DFL- process for the staff to provide data to said, and this bill is all about justice. “It Coon Rapids), devoted their Tues., Feb. the Bureau of Criminal Apprehension, isn’t justice when someone has paid their 26, hearing to the supplemental budget and consent for a P.O. box to be used on debt to society and still can’t get a job or a requests of the Judicial Branch and the participants’ drivers licenses. The bill was place to live,” Gaertner said. Representa- Board of Public Defense. recommended to pass and re-referred to tives of several other law enforcement, Jeff Shorba, deputy state court ad- the Transportation Committee. public safety and criminal defense groups ministrator, said the supplemental request also spoke in support of the measure. The for the Judicial Branch is primarily for Offender reentry proposal okayed bill was advanced to the State and Local compensation. He said last year’s appro- Members of the Judiciary Committee Government Operations and Oversight priation of $26.11 million was less than met Thurs., Feb. 28, to consider a lengthy Committee. the budget request for $38.914 million. agenda of proposed legislation. Among S.F. 2369, sponsored by Sen. Ann In addition, caseload increases, security the bills committee members, chaired by Rest (DFL-New Hope), requires school and strategic initiatives combine for an

20 additional $6.739 million. Shorba said the ate’s termination policy specifying that offices of county recorder and auditor- supplemental request is for $1.15 million an employee who fails to report for work treasurer appointive. S.F. 2472, carried for mandated services, such as interpret- for three consecutive work days without by Sen. Kathy Sheran (DFL-Mankato), ers, psychological testing, and jury costs. notifying the Senate in advance, except in authorizes the Nicollet County Board to Judge Edward Lynch, First Judicial an emergency when the employee is un- make the office of county auditor-treasurer District, reviewed the steps the court able to give notice, is considered to have appointive. Both bills were approved and system has been taking to stretch the voluntarily resigned their position. sent to the Senate floor. available funds. He said the courts are Senators also acted on the disposition S.F. 2552, authored by Sen. Chris abolishing or holding open 178 positions, of a bill that had been sent to the com- Gerlach (R-Apple Valley), provides that approximately six percent of staff, through mittee because of an objection to the bill’s voter registration applications in existence attrition or layoff; initiating a voluntary committee report. The bill, S.F. 1965, on July 31, 2007, may be distributed, sub- separation program; encouraging volun- authored by Sen. Linda Berglin (DFL- mitted and processed. Gerlach said there tary leave without pay; closing public Mpls.), expanding the situations in which are about 1 million old registration forms counters; cutting operational budgets; and the commissioner of human services on hand and that the bill simply allows delaying Conciliation Court calendars. must consider granting a variance from a the old forms to be used up. The bill was Lynch said that increased caseload and licensure disqualification, was sent to the approved and sent to the full Senate. S.F. mandated services such as interpreters and Judiciary Committee. 208, sponsored by Sheran, provides for the psychological services place continuing delivery of absentee ballots to an agent strains on the budget. Judge Lucy Wie- Appointments made who has been designated to bring the bal- land, chief judge, Fourth Judicial District, The Rules and Administration lots to a voter who would have difficulty described the cost cutting measures under- Subcommittee on Committees, chaired by getting to the polls because of health taken in Hennepin County. She said 40 Sen. Lawrence Pogemiller (DFL-Mpls.), reasons or who is disabled or who is a positions, or 10 percent of staff, are being met briefly Thurs., Feb. 28, to appoint resident of a facility providing assisted liv- held open. In addition, counter services members to a variety of commissions and ing services. The bill also increases from are not available after 1 p.m. and several committees. The members appointed four to seven the number of days before programs have been curtailed. Sen. Linda Berglin (DFL-Mpls.) to the an election that a voter may designate Kevin Kajer, chief administrator, Advisory Committee on Human Services an agent to deliver ballots to the voter. Board of Public Defense, reviewed the Laws and Administrative Requirements, The bill was approved and sent to the full supplemental request for the board. He Sen. David Tomassoni (DFL-Chisholm) Senate. said the board is requesting $500,000 in to the Iron Range Off-Highway Vehicle FY 2008 to offset Hennepin County’s costs Recreation Area Advisory Committee Judicial selection discussed to move and relocate the office because and Sen. David Senjem (R-Rochester) to The State and Local Government of asbestos contamination. In future fiscal the Legislative Commission on Planning Operations and Oversight Committee, years, the board is requesting $3.9 million and Fiscal Policy. chaired by Sen. Ann Rest (DFL-New to replace funding by Hennepin County. In addition, Sen. Joe Gimse (R-Will- Hope), devoted much of the Wed., Feb. The board is also requesting $1.637 mil- mar) was appointed to the Legislative Au- 27, meeting to discussion of a measure lion for a loan repayment assistance pro- dit Commission and Sen. Bill Ingebrigtsen providing for a constitutional amendment gram for all part-time public defenders and (R-Alexandria) was appointed to the to change the process for the selection of for full time defenders hired prior to Oct. Subcommittee on Ethical Conduct and to state court judges. 1, 2007. He said the federal government the Correctional Facility Site Selection S.F. 2401, authored by Rest, proposes has a loan repayment program for public Committee. a constitutional amendment to require defenders hired after Oct. 1, 2007. He said that judges appointed by the governor law school loans are a major obstacle in stand for a retention election at the retaining public defenders. State and Local Government regularly scheduled election held three Operations and Oversight years after the appointment. If a major- Rules and Administration ity of voters vote no, the office would be Elections bills gain declared vacant and the governor would Personnel matters okayed The State and Local Government appoint a new judge. If the voters vote The Rules and Administration Operations and Oversight Committee yes, the judge would serve an eight year Committee met briefly Mon., Feb. 25, to met in a truncated hearing Mon., Feb. 25, term. In addition, under the changes in consider several internal personnel mat- and granted approval to four bills relat- the constitution, the governor is required ters. The panel, chaired by Sen. Lawrence ing to elections. Committee Chair Ann to fill a vacancy by appointing a qualified Pogemiller (DFL-Mpls.), adopted changes Rest (DFL-New Hope) said the other bills person from a list of three potential can- to the Senate roster to reflect updated on the agenda would be heard as soon as didates submitted by a selection commis- title changes and temporary hires for the possible. sion. Under the bill, the governor could session. The committee also approved a Two bills dealt with appointing, reject the list of candidates proposed by vacation and sick leave donation program rather than electing, county officers. the commission. If the list is rejected, the for an employee whose sick leave will S.F. 2534, sponsored by Sen. Gary Kubly commission must provide another list of run out at the end of the month. Finally, (DFL-Granite Falls), authorizes the Yel- three candidates within 60 days. The bill members approved a change in the Sen- low Medicine County Board to make the sets forth the provisions for appointing the

21 Committee update commission. In addition, Rest said the bill Republic Party of Minnesota vs. White to recognize volunteers, service efforts and also sets up a judicial performance com- decision by the U.S. Supreme Court retiring town officers or to host or support mission to evaluate judges in a nonparti- (which held that judicial candidates could a community celebration. In addition, san manner. The measure also provides for express viewpoints during campaigns, raise the measure was amended to provide that the appointment and duties of the judicial money and accept political endorsement) voters may let the town board buy grounds performance commission. Judges would have not come to pass. Only 10 percent for a public park or improve a park. The stand for retention elections at the end of of judicial elections are contested and in- bill was approved and advanced to the full their terms and the performance commis- volve fundraising, while under a retention Senate. sion would assist voters in evaluating the election system 40 percent of the elections S.F. 2500, sponsored by Rest, allows performance of judges standing for reten- would involve fundraising, Hoffman said. the new track in Columbus Township to tion election. The retention proposal is not an improve- share purse set-aside and breeders fund Al Quie, former governor, said people ment over the current system, he said. revenues with the Canterbury Racetrack. have an inherent desire for judicial Judge Susan Miles, 10th Judicial Rest said the bill also allows the new track impartiality. Quie said that there were District and vice president of the Min- to simulcast all breeds of horses that are three ideas incorporated in the measure. nesota District Judges Association, also simulcast at Canterbury. The measure was Under the bill, the people do have a spoke in opposition. She said retention approved and sent to the Senate floor. chance to decide whether a judge contin- elections on sitting judges may result in ues, the public evaluation process is only judges having changes of heart on issues available when a judge stands for reten- important to special interest groups. Miles State Government Budget tion and there is put in place a judicial said retention elections don’t guarantee Division selection committee. Roger Moe, former impartiality. In addition, she said there is Senate Majority Leader, said Quie was a significant price tag associated with the Reports heard the one who put in place merit selection performance evaluations portion of the The State Government Budget for judges. Moe said injecting partisan bill. Judge Kathleen Gearin, 2nd Judicial Division, chaired by Sen. Don Betzold politics into judicial elections results in District, said all 29 judges in the district (DFL-Fridley), met Mon., Feb. 25, to hear judges being subject to partisan pres- oppose retention elections. Gearin said reports from the Office of the Legislative sures. Justice Barry Anderson, Minnesota open elections have led to more women Auditor, the Dept. of Finance and the Supreme Court, also spoke in support of and minorities becoming judges. Department of Employee Relations. the measure. Anderson said the reform Phil Carruthers, former Minnesota Cecile Ferkul, deputy legislative measures in the bill are helpful in main- House Speaker, Tom Prichard, Minnesota auditor, presented three recently released taining an impartial judiciary. He send Family Council, and Steve Reeves, past reports. She described reports relating to the trend is for more money to be spent president, Minnesota Chapter - National the state employee management system on judicial elections, not only by judicial Asian Pacific American Bar Associa- (SEMA4) personnel and payroll controls, candidates, but by special interests groups. tion, also spoke in opposition to the bill. internal control over statewide financial The advertising is geared toward persuad- Carruthers said the bill throws the system reporting, and information warehouse ing the public that a judge, or a judge’s of checks and balances out of whack by integrity and confidentiality controls. opponent, has already made up his or her concentrating power in the hands of Ferkul said that the Dept. of Em- mind on issues. Retention elections and the governor and the chief justice of the ployee Relations and the Dept. of Finance performance evaluations are also helpful, Supreme Court. Prichard said the bill re- have controls to ensure that employee pay Anderson said. moves judicial accountability because the and accrual rates are correct. However, Lucy Wieland, chief judge, 4th selection process involves an unelected she said the report identified some inter- Judicial District; Brian Reusche, Joint commission and elections are delayed for nal control deficiencies. She said the two Religious Legislative Coalition; Keesha a specified amount of time. departments have not developed a com- Gaskin, Minnesota League of Women Sen. Don Betzold (DFL-Fridley) said prehensive plan and processes to manage Voters; Dan Mikel, AFL-CIO Retirees he would like to be proactive, but that he personnel and payroll-related risks, the Council; Mike Ford, Minnesota State Bar had concerns about the bill as written. He Dept. of Employee Relations’ criteria for Association; and Michael R. Sieben, trial moved to re-refer the bill to the Judiciary delegating personnel duties were not well lawyer, all spoke in support of the mea- Committee without recommendation. defined and the two departments have not sure. Rest moved to amend the motion to adequately limited the ability of employ- Judge John Hoffman, 10th Judi- specify the that the bill be re-referred the ees to perform incompatible payroll and cial District, spoke in opposition to the bill to the Judiciary Committee with a personnel transactions in SEMA4. measure. The Minnesota District Judges recommendation to pass. The Rest motion The report on internal control over Association has been studying the elec- failed. The Betzold motion to re-refer to statewide financial reporting found that tions process for many years and has made the Judiciary Committee without recom- the Dept. of Finance’s controls, including recommendations along the way, Hoffman mendation was approved. controls over information provided by said. He said the association takes the Earlier in the hearing, the panel ap- other agencies, did not sufficiently miti- position that the merit selection of judges proved two bills. S.F. 2807, authored by gate the risk of potential misstatements in and the election of judges with the des- Sen. Tom Saxhaug (DFL-Grand Rapids), the financial statements, she said. Ferkul ignation of an incumbent is the preferred provides town boards with the authority, said some account balances were misclas- system. He said concerns arising from the if approved by the voters, to spend funds sified in the draft financial statements.

22 Finance Commissioner Finance Tom Hanson, left, and State Economist Tom Stinson hold a press conference, Thurs., Feb. 28, to release the latest state budget forecast, which predicts a potential $935 million shortfall. Photo by David J. Oakes

She said several other state agencies need announced state hiring freeze, the state report on IT funding strategies for the to improve controls over financial report- travel policy and the state employee group 21st century. To transform government ing. insurance program (SEGIP). programs, the report calls for flexible and In the report on information ware- creative approaches to funding, Lally house integrity and confidentiality Tech, revenue reports heard said. The report suggests consideration of controls, Ferkul said the Dept. of Finance Members of the State Government vendor participation, innovation funding, generally had adequate controls to protect Budget Division, chaired by Sen. Don bonding and user funding. Lally also dis- the integrity and confidentiality of its data Betzold (DFL-Fridley), met Wed., Feb. cussed the document preservation report. in the information warehouse, but there 27, to hear reports on funding the state’s The report identifies competing standards were some weaknesses. future information technology needs, for document preservation and determines Commissioner Tom Hanson and preserving the state’s electronic docu- that no existing standard addresses all of Deputy Commissioner Stephanie An- ments for future generations, protecting government’s goals in preserving docu- drews, Dept. of Finance, updated the the state’s technology infrastructure, and ments for future accessibility. The report panel on the technology budget systems ensuring that taxpayers comply with the argues against adopting a standard solely review of accounting, human resources state’s tax laws. for the sake of adopting a standard. Lally and budgeting systems. Commissioner John Lally, director of planning and outlined several of the report’s recommen- Patricia Anderson, Dept. of Employee Re- program management in the Office of dations for next steps, including engaging lations, updated the panel on the recently Enterprise Technology, discussed the stakeholders in developing collabora-

23 Committee update tive solutions to common problems in people are slower to pay outstanding to where they should be, but the bill es- government electronic records manage- obligations. sentially undoes the change, he said. By ment. Chris Buse, OET chief informa- increasing the class rates, Nesbig said, the tion security officer, outlined the threats bill singles out utilities among commer- government technology faces and the Taxes cial-industrial property owners. steps the state is already taking to main- Utilities object to increase The class rate increase is meant to tain security. Buse noted that some threats Representatives of several utilities protect our host communities from losing emerge from weaknesses in common addressed members of the Tax Committee, revenue after the values are lowered, said commercially-available software identified Tues., Feb. 26, as the panel began its work Jim Duevel of Xcel Energy. We value our by persons with malicious intent who tar- on the year’s first tax bill. Chair Thomas host communities and try to maintain a get government and other large entities. Bakk (DFL-Cook) said the bill, S.F. 2935, good relationship with them, he said, but The state stays abreast of these weaknesses contained mostly non-controversial provi- we believe the class rate increase is inap- as part of its security strategy, Buse said, sions from last year’s vetoed tax bill. There propriate. Duevel noted that utilities have and provides directives, resources, and ap- are still a few provisions we are negotiat- been overpaying property taxes for years, plications to assist other state agencies in ing with the governor in order to get his based on the inaccurate valuations, and protecting their information assets. signature, Bakk said. He said the plan for will not recover the overpayment. The Deputy Commissioner Dan Salomone the year was to have a second tax bill that rule change only corrects the valuation reviewed the Revenue Department’s tax might include more controversial items going forward, he said. Raising utilities’ compliance initiatives. The return on and would, in part, close an anticipated class rates for personal property reverses investment has declined in our efforts to budget shortfall. 15 years of tax policy to not expand the identify and collect from noncompliant After hearing a review of the bill’s personal property tax, he said. Duevel taxpayers, Salomone said. The declining provisions from the committee’s counsel, also noted the significant ongoing capital return is attributable to several factors, panel members heard from a number of investment at utility facilities as a reason including the need to hire more staff for utility company representatives. A provi- to reject the class rate increase. additional compliance efforts and staff sion in the bill increases the property tax The business community has to make turnover, he said. It may be that we have class rates for utilities’ personal property. some commitment to our state, Bakk said. already collected “the low-hanging fruit,” This is a basic fairness issue, said Kirk When I came to the Legislature in 1995, Betzold said, after putting resources into Nesbig of CenterPoint Energy. The utility the commercial-industry rate was above compliance for several years. Salomone industry is the only industry that pays the five percent. Now we are down to two said economic conditions also contribute. property tax on its personal property, he percent and the utilities say that is too Revenue projections are expected to fall said, and has been paying based on market much, he said. Sen. Julianne Ortman (R- in tough economic times, he said, but we values that have been inaccurately high. Chanhassen) said the fundamental reality also know that collections fall, because A departmental rule change adjusts values is that utility ratepayers, average Min- nesotans, pay the utilities’ taxes through their utility bills. There is no question that consumers always pay, Bakk said, but I highly doubt that anyone will see their utility bills go down if we lower the utilities’ taxes further. The real question is who should bear the burden of changing the valuation, the host communities only or a broader segment, he said. The administration has significant concerns about the class rate increase pro- visions, said Commissioner Ward Einess, Dept. of Revenue. Some portrayed this bill as a “fast track bill” limited to consen- sus items from last year’s bill and as much federal conformity as the state can afford, he said. The new valuation rule seeks to mitigate the harm to communities, Einess said, by phasing in the lower valuations over three years. Additionally, the gover- nor proposed transition aid to help soften the blow, he said. The Legislature rejected the transition aid proposal in favor of a Tane Danger, communications director and fundraising coordinator for the Minne- class rate increase last year, Einess said, sota Sesquicentennial Commission, addresses members of the Transportation Com- and the governor’s veto message on the mittee, Thurs., Feb. 28, to show support for a proposed commemorative license plate tax bill flagged only four primary areas of in celebration of the state’s 150th birthday. concern, including the class rate increase. Photo by David J. Oakes

24 Bakk said the class rate provision in the site is to redevelop land on Tanners Lake, Murphy (DFL-Red Wing), approved all bill is not the same as the provision in current home to two restaurants classified the bills and advanced the measures to the last year’s vetoed bill. The proposed class as blighted by the state. full Finance Committee. rate is lower than last year’s, he said. The S.F. 2601, sponsored by Sen. Julie S.F. 2204, authored by Sen. Linda Sc- Senate Tax Committee “is not going to Rosen (R-Fairmont), allows for decertifi- heid (DFL-Brooklyn Park), allows physi- throw the host communities under the cation of revenue derived from a TIF dis- cally disabled individuals to obtain two bus,” Bakk said, and let them carry the trict in the city of Wells. Rent payments sets of disability license plates. Scheid said burden of the rule change. Einess said from downtown redeveloped property that current law specifies that only one there is time to work on a solution to help would be used for further development set of plates be available for an individual, host communities. Only 20 percent of the and improvement, according to City but often disabled individuals drive more change will be realized this year, under Administrator Ronda Allis, rather that than one car. The bill was amended to the rule’s phase-in, he said. The governor treated as a TIF payment. The district specify that one set of disability plates may also choose to help soften the blow itself was decertified in 2006. may be for a motorcycle. Margot Imdieke, through his supplemental budget proposal, S.F. 2480, sponsored by Sen. Rick Ol- Minnesota Council on Disability, said the Einess said. seen (DFL-Harris), establishes a Comfort council will review the applications for Representatives of local govern- Lake-Forest Lake watershed management the additional set of plates on a case-by- ments spoke in favor of the proposal. organization spanning the Washington case basis. Cities would not be excited about siting County and Chisago County border and Sen. Geoff Michel (R-Edina) spon- future utility facilities in their communi- allow the organization to operate under sored two bills. S.F. 1329 authorizes special ties under the new rule and without some watershed district statutes reserved for plates remembering victims of impaired relief, said Jennifer O’Rourke, League counties exclusively within the Metro drivers. Michel said the purpose is to raise of Minnesota Cities. The governor’s Area and joint power entities at least par- awareness about impaired driving and at aid proposal was merely temporary, not tially in the Metro. That status increases the same time honor victims. Michel also permanent, said Keith Carlson, Minne- the districts’ potential levy authority, sponsored a bill, S.F. 3069, authorizing the sota Inter-County Association. The only said Olseen. A letter from Gary Kreisel, issuance of 250 special plates for use in real solutions are permanent state aid or chair of the Washington County Board of the 2008 United States Golf Association a class rate change, he said. Carlson said Commissioners, supported the proposal in Women’s Open Championship. Michel permanent aid is unlikely, considering the addition to a requirement, not in the bill, said the plates would only be used for the state’s budgetary situation, leaving a class that requires approval by the Washington duration of the tournament on passenger rate change as the only viable option. The and Chisago county boards for the annual vehicles donated for the championship. class rate proposal solves the problem for budget and any levies. That requirement S.F. 2365, authored by Sen. Ann Rest everybody, not a limited class of commu- would be unprecedented in the state, said (DFL-New Hope), establishes Minnesota nities that would benefit from transition Sen. Rod Skoe (DFL-Clearbrook). sesquicentennial special license plates. aid, said Bradley Peterson, representing A hospital district is established in The measure provides that a $10 fee be the Coalition of Utility Cities. It is ap- the east end of the Iron Range by S.F. paid to cover the costs of the plate and propriate to have the burden spread to all 2689, sponsored by Sen. David Tomassoni an additional $25 be contributed to the ratepayers in Minnesota, not just the host (DFL-Chisholm). The hospital facility, Minnesota Sesquicentennial Commission. communities, he said. Peterson noted that located in Aurora, is also connected to a Rest described the various celebrations cities take on extra burdens in hosting nursing home said Tomassoni. The district scheduled to unfold this year in commem- utilities, such as environmental issues and would be able to levee through referen- oration of Minnesota’s 150th birthday. special training for emergency responders. dum and make grants to the hospital and She said the plates will be an additional nursing home for capital improvement way to celebrate. Special taxing district bills heard and maintenance under the bill. Jim Car- Sen. David Tomassoni (DFL- The Committee on Taxes, chaired by roll, CEO of White Community Hospital, Chisholm) sponsored a bill, S.F. 2077, Sen. Thomas Bakk (DFL-Cook), heard said that financial challenges have pre- authorizing special Bronze Star veteran’s two tax increment finance (TIF) propos- vented upkeep and improvements to the license plates. S.F. 3080, carried by Sen. als, a watershed district proposal and a hospital and nursing home, but there is John Doll (DFL-Burnsville), allows hospital district proposal, Wed. Feb. 27. hope for growth in the area due to poten- for the issuance of a 60-day permit for All bills were laid over for possible inclu- tial projects already being considered. vehicles on their first registration period, sion in an omnibus tax bill. if the license plates being applied for are S.F. 2388, authored by Sen. Charles special license plates. S.F. 3191, authored Wiger (DFL-North St. Paul), extends Transportation Budget and by Sen. Richard Cohen (DFL-St. Paul), two TIF redevelopment districts for an Policy Division authorizes the issuance of American Red additional 10 years. The first site is now Cross plates to individuals who pay a $10 Oakdale Mall, currently about 80 percent Special license plate bills gain fee and contribute $25 to the American unoccupied, said Craig Waldron, city The Transportation Budget and Red Cross disaster preparedness and relief administrator. Plans include office and Policy Division members met Thurs., Feb. account. S.F. 2337, sponsored by Sen. Jim retail space, and the possible addition of a 28, to hear a series of bills concerning Carlson (DFL-Eagan), allows World War hotel and condos, said Bob Streetar, com- special license plates. The panel, acting as II Memorial special license plates to be munity development director. The second a policy committee, chaired by Sen. Steve issued to motorcycles.

25 Senate Briefly

Page 2 Highlights

Page 6 Committee update

Fourth graders from Bel Air El- ementary School, New Brighton, wave flags during their Patriot Concert in the Capitol Rotunda, Mon., Mar. 3. Photo by A.J. Olmscheid

March 7, 2008 Senate Highlights Foreclosure bills gain the idea of not publishing the postpone- other St. Paul projects that had seen their The Mon., Mar. 3, floor session was ment was to reduce the number of times allocations cut, she said, which proved to devoted primarily to the consideration of items had to be published. The amend- be unworkable. Pappas said the St. Paul three bills aimed at helping Minnesotans ment was not adopted. delegation was committed to helping the avoid mortgage foreclosure. The bills were Limmer also offered an amendment city and would be pursuing other options. granted preliminary passage on General to provide that the consumer be noti- The amendment was adopted. Orders. fied of the availability of the foreclosure Minnesota has been consistent for Sen. Linda Scheid (DFL-Brooklyn counseling services, rather than fore- years in keeping debt service payments Park) sponsored the first measure. She closure counseling services be given the to less than three percent of general said that the bill, S.F. 2912, is the prod- name of a homeowner facing foreclosure. fund spending, said Sen. Betsy Wergin uct of a working group composed of a Scheid said the truth of the matter is that (R-Princeton). Such discipline has kept wide spectrum of representatives from only the name, address and phone number Minnesota’s credit rating among the best the private sector and Legislators to aid are given to the counseling services. Sen. in the nation, she said. Wergin noted individuals facing home foreclosures. She Linda Higgins (DFL-Mpls.) also spoke the bill contains language directing the said the increase in foreclosures is affect- against the amendment. Higgins said that Department of Finance to restrict its bond ing individuals, neighborhoods and whole very often by the time individuals contact sale to keep debt service payments within communities. Scheid said the bills before the counseling services it is too late. She the three percent guideline for the current the body are aimed at helping people said the bill’s provisions allow for earlier biennium. She offered an amendment avoid foreclosure early in the process. intervention. The amendment failed on a directing the department to restrict future S.F. 2912 provides for notification of the 13-44 roll call vote. bond sales to keep debt service payments availability of counseling services early in Scheid offered an amendment to within the three percent guideline in the process, prescribes counseling forms correct terminology referring to foreclo- future biennia. The amendment was for pre-foreclosure notice of foreclosure sure prevention counseling agencies. The adopted. Sen. Steve Murphy (DFL-Red prevention counseling, modifies creditor amendment was adopted. Wing) offered an amendment removing redemption provisions and redemption Higgins sponsored two bills. S.F. 2910 a $4 million appropriation related to the processes, and requires certificates of sale provides for an automatic expungement Urban Partnership Agreement. Murphy of realty to include the interest rate in of unlawful detainers for renters who are said the appropriation was already made in effect, Scheid said. caught up in a landlord’s foreclosure pro- the recently enacted transportation fund- Sen. Warren Limmer (R-Maple ceedings. Higgins said the renters, through ing bill. The amendment was adopted. Grove) offered an amendment to delete no fault of their own, have unlawful de- Sen. Geoff Michel (R-Edina) said a provision in the bill providing that the tainers on their records, which can affect he was concerned about the bill’s size. If notice of postponement of sale need not future attempts to rent property. Higgins we followed the three percent guideline, be published. The effect, Limmer said, is also authored a bill, S.F. 2918, providing the bill should be only about $820-830 to have the postponement notice pub- for proof of abandonment for purposes of a million in general fund supported bond- lished and provide the opportunity for reduced mortgage foreclosure redemption ing, he said. In light of a recession and a more people to be involved. Scheid said period. projected shortfall, Michel said, “it seems Members also granted final passage like it would be prudent for us to put this to one bill on the Consent Calendar. The bill on a diet.” Langseth said the bill does Senate Briefly is a publication of bill, S.F. 2861, changes the due date of not exceed the three percent guideline. the Minnesota Senate Publications the Gang and Drug Oversight Council’s Even if it did, he said, the bill contains Office. During the regular Legislative annual report to the Legislature. an internal restriction on bond sales to Session, it is produced weekly. The stay within the three percent mark. This publication is a service of the Minne- is the time to build and bond, Langseth sota Senate. It can be made available Bonding bill okayed said. Contractors admit that their bids are Senators granted final passage to the smaller in down times, because they want in alternative formats. bonding bill, Tues., Mar. 4. S.F. 3295 au- the work and they want to keep their thorizes the sale of over $1 billion in state crews together for when business picks up, Editor/Writer: bonds for capital improvement projects, he said. State construction work helps the Karen L. Clark with over $965.17 million of the package economy and being able to get good deals supported by debt service payments from for projects helps the state, Langseth said. Assistant Editor/Writer: the general fund. The bill was granted final passage, Joshua A. Dorothy Sen. Keith Langseth (DFL-Glyndon), 51-7, and then tabled to await its com- chief author, briefly reviewed the bill panion. Writer: before members began discussing the In other action, Senators took up Danielle Cabot measure and offering amendments. Sen. several measures on General Orders and Sandra Pappas (DFL-St. Paul) offered an granted them preliminary passage. amendment removing an appropriation S.F. 3154, sponsored by Sen. Linda Photographers: to cover part of the city of St. Paul’s debt Scheid (DFL-Brooklyn Park), clarifies David J. Oakes service payments for the RiverCentre. what documentation a mortgage lender A.J. Olmscheid The amendment restores funding for may rely on to evaluate a borrower’s abil-

2 Senators Joe Gimse (R-Willmar), left, and Rod Skoe (DFL-Clearbrook) consult in the Senate Chamber during the Thurs., Mar. 6, floor session. Photo by David J. Oakes ity to repay. Loans made based on limited (DFL-New Hope), reinstates two advisory final passage to bills on the Senate Cal- documentation, often called “no doc” groups that were inadvertently abolished endar. loans, were restricted in last year’s effort last year. One measure, S.F. 2667, generated to address predatory lending, Scheid said. S.F. 2377, sponsored by Sen. Tony considerable debate. The bill, authored by There are, however, situations where the Lourey (DFL-Kerrick), modifies ambu- Sen. Linda Berglin (DFL-Mpls.), makes loans are appropriate and lenders need lance staffing requirements. Lourey said permanent the moratorium on the con- guidance to permit them to continue to the bill balances patient safety and needed struction of radiation therapy facilities. make appropriate “no doc” loans, she said. flexibility, especially in Greater Minne- Berglin said the area has excess capacity We have and will continue to have the sota communities that have recruitment now and for the next ten years and that most stringent limits on predatory lending and retention issues. S.F. 2796, carried by there is no need for further construction. in the nation, Scheid said. S.F. 2881, also Sen. Tom Saxhaug (DFL-Grand Rapids), Sen. David Hann (R-Eden Prairie) said carried by Scheid, updates the state’s usury fixes an unintended consequence of early the decision on whether or not facilities law regarding contracts for deed. childhood and family education licensure should be built is not for the Legislature Sen. Linda Higgins (DFL-Mpls.) provisions modified last year. S.F. 2418, to make. He said those decisions belong in authored a bill, S.F. 2908, ensuring that authored by Sen. Paul Koering (R-Fort the marketplace. “If we are interested in tenants of properties in foreclosure are Ripley), allows Emergency Medical having low cost, high efficiency facilities, notified. The bill also permits tenants to Services Regulatory Board members to there must be a competitive factor,” Hann withhold their last month’s rent in lieu of serve two consecutive terms and delays for said. a security deposit refund. S.F. No. 2909, one year trauma triage and transportation Sen. Linda Scheid (DFL-Brooklyn sponsored by Sen. Rick Olseen (DFL-Har- guidelines. Park) offered an amendment extending ris), modifies a tenant’s right to pay utility the moratorium for two years, until 2010. bills when the landlord’s failure to pay Scheid said, “We are making medical the bills will lead to a service disruption. Permanent moratorium on new decisions in this bill and we shouldn’t be Authored by Sen. Kathy Sheran (DFL- radiation therapy facilities okayed doing that.” She said, “I have never seen Mankato), S.F. 2471 permits 16-year-olds, Most of the Wed., Mar. 5, floor ses- an instance where eliminating competi- with written parental consent, to donate sion was devoted to considering bills on tion has driven costs down.” Sen. Kathy blood. S.F. 2511, carried by Sen. Ann Rest General Orders. Members also granted Saltzman (DFL-Woodbury) said that ex-

3 Senate Highlights tending the moratorium just extends the referendum. The amendment failed on a to locate their headquarters in Minnesota. debate for two more years. Berglin said, 7-50 roll call vote. The amendment also repeals the collec- “We don’t need to keep returning to this Senators also granted final passage to tion and refund of sales tax on capital issue, it is clear we are at overcapacity for three bills. S.F. 2912, authored by Scheid, equipment. This amendment encourages at least the next ten years.” The amend- makes changes in foreclosure laws and job creation and business activity for ment failed on a 23-40 roll call vote. The provides for mortgage foreclosure preven- companies large and small, Wergin said. measure was approved on a voice vote. tion counseling. S.F. 2910, authored by This amendment is good policy, but we do Members also granted preliminary Sen. Linda Higgins (DFL-Mpls.), modifies not know what it costs, Bakk said. On the passage to an additional seven bills. H.F. provisions relating to the expungement Senate floor, we cannot have the kind of 3055, sponsored by Sen. Richard Cohen of eviction records. S.F. 2918, carried by public interaction we need to about the (DFL-St. Paul), is the deficiency appro- Higgins, provides for proof of abandon- provisions, Bakk said. The amendment priation bill for specific state agencies. ment for purposes of a reduced mortgage was defeated, 28-36. An amendment, Cohen said the only general fund appro- foreclosure redemption period. offered by Sen. Dick Day (R-Owatonna), priation is $175,000 for the Sesquicenten- repealing the deduction of wind energy nial Commission. He said the appropria- First tax bill passed conversion revenue from school districts’ tion is to pay the commission’s small staff. Senators granted final passage to the general education aid was not adopted. The other appropriations are primarily for session’s first tax bill, Thurs., Mar. 6. The An amendment allowing tuition licensing boards, Cohen said. chief author, Sen. Thomas Bakk (DFL- expenses to qualify for the education tax S.F. 2690, authored by Sen. Ann Cook), described the bill, H.F. 3201, as credit, raising the credit from $1,000 to Lynch (DFL-Rochester), allows the city of essentially noncontroversial. $5,000 per child, and removing the in- Rochester to continue funding the county Everything in the bill was in last come cap on the availability of the credit historical society. Lynch said Rochester year’s vetoed tax bill, Bakk said, except for was offered by Sen. David Hann (R-Eden will soon become a city of the first class some federal conformity items that incor- Prairie). Bakk opposed the amendment, and current law prohibits cities of the porate changes made by to the federal tax saying removing the cap makes the first class from funding county historical code during the interim. Bakk reviewed amendment very, very expensive. The societies. the provisions that were removed from amendment was defeated, 20-39. Sen. Sen. Gary Kubly (DFL-Granite Falls) the bill in order to make it noncontrover- Warren Limmer (R-Maple Grove) offered sponsored a bill, S.F. 2534, making the sial, including: requiring inflation to be an amendment offsetting the recently- enacted transportation tax increases offices of county auditor-treasurer and included in economic forecasts, additional with reductions in the income tax. This county recorder appointive, rather than aid for local governments, aid for the Mall amendment costs hundreds of millions of elective, in Yellow Medicine County. The of America expansion, a change in the class rate for utilities’ personal property, a dollars and makes our overall tax structure measure was given preliminary passage on tightening of provisions governing foreign more regressive, Bakk said. The amend- a 47-13 roll call vote. S.F. 2472, carried by operating corporations, authorization for ment was not adopted, 22-40. Sen. Kathy Sheran (DFL-Mankato), pro- local deed taxes, and most local option Sen. John Marty (DFL-Roseville) of- vides for the appointment of the county sales tax requests. To pay for the federal fered an amendment removing a provision auditor-treasurer in Nicollet County. S.F. conformity in the bill, Bakk said, the June increasing the amount of gas tax revenues 3081, carried by Sen. John Doll (DFL- accelerated sales tax payment is increased attributed to ATVs. The provision takes Burnsville), sets filing deadlines for reports from 78 percent to 80 percent of the tax money away from highways and diverts and regulating customer utility payment due. it to ATV trails, he said. Many of us sup- agreements during the cold weather Sen. Paul Koering (R-Fort Ripley) ported the gas tax increase because we period. offered an amendment exempting from wanted the money to address our trans- Sen. Ann Rest (DFL-New Hope) the sales tax materials and supplies used to portation needs, Marty said. Minnesota authored two measures. S.F. 2402 makes a construct a number of new water treat- has over 15,000 miles of ATV trails, more number of changes to provisions govern- ment facilities. The sales tax on these than neighboring states, he said, but we ing the Board of Accountancy. S.F. 2500 projects is a tremendous burden for the nonetheless have serious problems with provides for the sharing of purse set-aside taxpayers of the communities build- ATV riders causing damage to private and and breeder’s fund revenue and allows ing these facilities, Koering said. Bakk public property that is not part of a state for racing simulcasting at the new horse opposed the amendment, saying it was trail. The increased attribution recognizes racing track in Columbus Township. Sen. well-intentioned but bad policy. The the growth in ATV use, Skoe said. The Ray Vandeveer (R-Forest Lake) offered amendment costs the state millions of money will be used to develop a larger, two amendments. The first amendment dollars from the general fund, he said. The better trail system that ATV riders can requires the new track to contribute amendment was not adopted. use, Skoe said, in order to avoid damaging one percent of the simulcast revenue or Sen. Betsy Wergin (R-Princeton) land where ATV should not be ridden. $30,000, whichever is less, to community offered an amendment lowering the cor- Damage was reduced after resources were service organizations. The amendment porate franchise tax for corporations that provided to create a proper snowmobile failed on an 8-49 roll call vote. The sec- increase their employment by 500 jobs in trail system, he said. The amendment was ond amendment specifies that no gam- one year. The amendment also accelerates defeated, 25-39. bling facility may be located or expanded the single-sales factor transition, which Hann offered an amendment denying in the state unless approved by local Wergin said would encourage companies local government aid to cities with ordi- nances prohibiting public safety officials creasing property taxes, he is reluctant to Sen. Dan Sparks (DFL-Austin), repeals from undertaking any law enforcement single out one group of taxpayers. He said obsolete telecommunications rules. action to detect the presence of undocu- the bill vetoed by the governor last year After an afternoon recess, members mented persons or to verify immigration contained aid to cities and counties that reconvened in order to follow proce- status. Cities should not direct their could have helped ease the property tax dural necessities to establish a confer- law enforcement officers not to enforce burden on all Minnesotans. The amend- ence committee on the bonding bill. the law, Hann said, but if they do, then ment failed, 31-33. The Senate version of the bonding bill the rest of us should not be supporting Sen. David Senjem (R-Rochester) was approved and tabled, Tues., Mar. 4. them financially. The amendment does offered an amendment reducing the rates Senators amended the Senate language not prevent the cities from adopting the for taxes with revenue that flow into the onto the vehicle measure, H.F. 380. Sen. ordinances, it simply gives them a choice, health care access fund if the fund has a David Hann (R-Eden Prairie) then of- he said. Most of local government aid goes projected surplus. We have a surplus of fered an amendment transferring an $11 to supporting police and fire operations, over $300 million in the health care ac- million appropriation from the polar bear said Sen. Linda Higgins (DFL-Mpls.). cess fund, he said. The amendment does and gorilla exhibit at the Como Zoo to The amendment guts the efforts of cities not cost anything, but it will help health the cooperative facilities grant program to enhance their public safety, she said. care consumers by reducing the provider for school districts. We need to consider If the cities are not enforcing the law, tax when we have a surplus. The amend- our priorities, Hann said, and consider they probably do not need the money for ment was defeated. Senjem offered an- whether this money is better spent on our public safety, said Sen. Bill Ingebrigtsen other amendment exempting agricultural school districts or on an animal exhibit. (R-Alexandria). Public safety profession- land and timberland from the tax base for It is hard to think of anything that is used als say that requiring local police to check school capital improvement levies. The by more families to educate their children immigration status makes undocumented amendment was not adopted, 27-36. than a zoo, Langseth replied. The amend- persons less likely to cooperate with police H.F. 3201 was granted final passage, ment was rejected, 22-44. H.F. 380 was as victims or witnesses, said Sen. Scott 63-2. granted final passage, 57-9. Dibble (DFL-Mpls.). The amendment was In other action, eight bills on the defeated, 29-35. Calendar were granted final passage; the Limmer offered an amendment freez- bills had been granted preliminary passage ing for two years property taxes on second Historical database available at the Tues., Mar. 4, floor session. S.F. homes and cabins. The amendment was The Legislative Reference Library 3154, sponsored by Sen. Linda Scheid not adopted, 5-55. Limmer also offered an has developed a database, “Legislators amendment imposing levy limits on cities (DFL-Brooklyn Park), clarifies what docu- Past and Present,” containing information with populations larger than 2,500. The mentation a mortgage lender may rely on about Legislators who have served since amendment was defeated, 7-54. Sen. Julie to evaluate a borrower’s ability to repay. territorial times. The database’s informa- Rosen (R-Fairmont) offered an amend- S.F. 2881, also carried by Scheid, updates tion was compiled from official legislative ment increasing the long-term care tax the state’s usury law regarding contracts directories, obituaries, news clippings, credit. She said the amendment is aimed for deed. S.F. 2908, authored by Sen. family files and other sources. It contains at encouraging individuals to obtain long- Linda Higgins (DFL-Mpls.), ensures that information about terms of service, educa- term care insurance. Bakk said the amend- tenants of properties in foreclosure are tion, occupation, party or caucus affilia- ment was a good idea because the current notified and permits tenants to withhold tions, leadership positions, represented credit is probably too small. However, he their last month’s rent in lieu of a security communities and more. said there is a cost to the general fund and deposit refund. S.F. 2909, sponsored by The database also includes informa- that if more people apply for the credit the Sen. Rick Olseen (DFL-Harris), modifies a tion about Minnesota Legislators who cost could be more substantial. Bakk urged tenant’s right to pay utility bills when the served in other government functions, Rosen to introduce a bill on the topic. It landlord’s failure to pay the bills will lead ranging from the local level to the na- might well be that savings in other areas to a service disruption. Authored by Sen. tional level. It even indicates which Min- offset the cost of the credit, but it should Kathy Sheran (DFL-Mankato), S.F. 2471 nesota Legislators also served in another be discussed more thoroughly, Bakk said. permits 16-year-olds, with written paren- state’s legislature. (There were five: Cyrus The amendment was not adopted. tal consent, to donate blood. S.F. 2511, Aldrich in Illinois, Francis Cornell in An amendment, offered by Sen. Juli- carried by Sen. Ann Rest (DFL-New New York, Mark Dunnell in Maine, Willis anne Ortman (R-Chanhassen), providing Hope), reinstates two advisory groups that Gorman in Indiana and Knute Nelson in a property tax cap for seniors in the state were inadvertently abolished last year. Wisconsin.) was also debated. Ortman said the amend- S.F. 2377, sponsored by Sen. Tony Lourey “Legislators Past and Present” is avail- ment specifies that 2008 is the base year (DFL-Kerrick), modifies ambulance staff- able online at http://www.leg.state.mn.us/ and in subsequent years property taxes ing requirements. S.F. 2796, carried by legdb/index.asp could not rise. Ortman said there is no Sen. Tom Saxhaug (DFL-Grand Rapids), cost to the general fund, but there is a cost fixes an unintended consequence of early Schedule available online for local units of government. She said the childhood and family education licensure Next week’s schedule is online: amendment will make a real difference in provisions modified last year. Senators also http://www.senate.mn/schedule/schedule. Minnesotans’ lives. Bakk said that, though granted final passage to one bill on the php?cmte_type=&ls=85&date=03/10/200 he is sympathetic to the problem of in- Consent Calendar. S.F. 2262, carried by 8&type=weekly

5 Committee update Agriculture and Veterans This topic has been batted around for measure was advanced to the Judiciary six years, said Bruce Kleven, representing Committee. Budget and Policy Division a number of commodity growers’ groups. S.F. 2878, carried by Dille, contains An educational website is the best idea so various recommendations from the Board Pesticide disclosure bill heard far, he said, but the bill is still in a work of Veterinary Medicine. The bill accepts Three bills were considered by in progress. Pesticide application records an alternative program for evaluating the members of the Agriculture and Veter- are kept in case of an investigation, he veterinary education of foreign-trained ans Budget and Policy Division, sitting said. Kleven compared them to personal veterinarians, known as the Program for as a free-standing policy committee, at income and expense records kept in case the Assessment of Veterinary Education their Tues., Mar. 4, meeting. The panel, of a tax audit. It makes no more sense Equivalence. The bill also permits Europe- chaired by Sen. Jim Vickerman (DFL- to require pesticide records to be sent to an board-certified veterinarians to receive Tracy), devoted the bulk of its meeting to the Dept. of Agriculture, he said, than it a University of Minnesota Veterinary consideration of a bill expanding access to would to require people to send pay stubs Medical Center specialty clinician license. pesticide application information. and bank records to the IRS. Kleven said The measure permits the Board of Veteri- Sen. Sharon Erickson Ropes (DFL- the “right to know” argument could be nary Medicine to serve orders by standard Winona), chief author of S.F. 2994, said turned around to require disclosure of the U.S. mail or personal service, rather than consumers can easily find information sources of pharmaceuticals that remain in by certified mail. Finally, the bill makes about foods and medicine, such as what is treated wastewater dumped into rivers and technical changes to veterinary dispens- in soda or fast food. People should be able streams. He said a sample of water from ing and prescription provisions in order to to find out what is in pesticides and when the Mississippi River south of Minneapolis make the language consistent with Min- they might be exposed to them, she said. revealed traces of birth control and other nesota Board of Pharmacy and U.S. Food The bill permits residents to use a medicines that were likely flushed through and Drug Administration provisions. The website to find out what crops are grown the sewer system. The drift problems dis- bill was approved and re-referred to the in a county and when and where pesti- cussed by the Greater Minnesota residents Finance Committee. cides will be applied, with a disclaimer are examples of illegal conduct, Kleven that pesticides may be applied off-sched- ule in case of unforeseen outbreaks. The said. Pesticides are tightly controlled, Dog ownership bill okayed bill also requires the creation of a toll- with limits on when and how they can be Members of the Agriculture and Vet- free number with pesticide application applied, he said. Kleven said the bill in erans Budget and Policy Division, sitting information. A monthly filing of pesticide part reflects insufficient communication as a free-standing policy committee, met application records with the Department between residents. Good communication Thurs., Mar. 6, to consider six bills on an of Agriculture is also required, under the would improve many situations, he said. array of topics, including dangerous dogs bill. Erickson Ropes said she had met with Erickson Ropes said that not every- and the former Veterans Homes Board. stakeholders in order to find an agreeable one communicates well. Some farmers are S.F. 2876, carried by Sen. Ellen An- solution. We have some agreement, she more congenial to their neighbors than derson (DFL-St. Paul), enhances regula- said, but it is not complete, especially others, she said. She asked members to ad- tion of dangerous dogs. The bill requires regarding the monthly filing. vance the bill without recommendation. dogs deemed dangerous to be sterilized, Becky Sheets, a Staples resident, The bill will need to return to the division provides for hearings for owners of danger- discussed her chemical sensitivity result- for consideration of its fiscal implica- ous dogs that are seized by animal control ing from years-long exposure to pesticides. tions, she said. Erickson Ropes pledged to authorities, and prohibits persons with a She said her area has evolved from a com- continue working with Kleven and others history of certain animal-related offenses munity of family farms with regular crop as the bill progressed. Sen. Steve Dille from owning dogs. This bill is about own- rotation to an intensive potato production (R-Dassel) said there should be broader ers, Anderson said, not specific breeds area with nearly daily spraying. I can tell studies as to whether pesticide reactions of dogs. She said she does not support when spraying is happening from miles are a widespread problem. All we have are banning breeds to address the problem away when it is windy, Sheets said, and I anecdotes that pesticide use is or is not of children being attacked by dogs. We can even tell what class of pesticide is be- a problem, he said. The bill is not about need to take our obligation to protect the ing sprayed. Going inside and closing my research, dosages or drift, Erickson Ropes public seriously, she said, while acknowl- doors is not an option, because the pesti- said. It is simply about providing residents edging the rights of dog owners. cide permeates everything, she said. The with information about applications, she Bill Forbes, Minnesota Animal spring after spraying started near our farm, said. Control Association, said that most bites there were no lambs from our sheep, said A motion to re-refer the bill to the are to children and that most victims Otter Tail County resident Norma Smith. Judiciary Committee without recommen- already knew or knew of the dog. These The following year, there were lambs, she dation failed on a divided voice vote. are usually not stray dogs, but might be said, but they were not healthy. She said S.F. 3067, sponsored by Sen. Mary Ol- the dog down the street, he said. The the liver of one dead sheep was discolored. son (DFL-Bemidji), permits the secretary current penalties for dangerous owners are Sara Rummel, Clean Water Action, said of state to waive any reinstatement fee for not properly aligned, Forbes said. Under it is important for Minnesotans to have a business entity that has been administra- current law, the dog gets put to sleep and access to information so they can make tively or statutorily dissolved for failure to the owner has no further consequences, smart, responsible choices to protect their file an annual report, if a principal of the he said. We need to turn the law around own health. entity is a returning combat veteran. The and get at the real problem, which is the

6 owner, not the dog, Forbes said. He said rather than governing. S.F. 3282 statutori- was to expire June 30, 2008. S.F. 3262 there is no hard data, but most informa- ly ratifies the abolishment of the Veterans adds a member representing the forest tion indicates that problem owners have a Homes Board and the transfer of its duties products industry to the NextGen Energy history of run-ins with the law. to the department. The transfer was ac- Board, makes the board permanent, and Al Kasinskas, a member of the complished in Nov. 2007 by a governor’s provides that any unencumbered balance Minnesota Responsible Animal Owners executive order. The bill also establishes a from an FY 08 appropriation for the board Alliance, spoke against the bill. He said new deputy commissioner in the Dept. of is available in FY 09. Both bills were re-re- the proposal takes responsibility away Veterans Affairs to oversee veteran health ferred to the State and Local Government from local units of government and places care. The bills, both sponsored by Sen. Operations and Oversight Committee. culpability on individuals. There is an Sharon Erickson Ropes (DFL-Winona), absence of sufficient recordkeeping on dog were advanced to the State and Local bites, Kasinskas said. Government Operations and Oversight Business, Industry and Jobs S.F. 2876 was approved and re-re- Committee. ferred to the State and Local Government S.F. 3003, authored by Sen. Claire Worker’s comp changes progress Operations and Oversight Committee. Robling (R-Jordan), requires wholesalers The Business, Industry and Jobs Two bills relating to the transfer of of lawn fertilizer containing phosphorus Committee, chaired by Sen. James Metzen authority for the state’s veterans homes to provide retail establishments with signs (DFL-St. Paul), heard eight bills relating from the Veterans Homes Board to the stating the legal limitations on the fertil- to the trades, a business development or- Department of Veterans Affairs were ap- izer’s use. The bill was re-referred to the ganization, independent contractor audits, proved. S.F. 3281 establishes a Veterans Business, Industry and Jobs Committee. safe cosmetics and worker’s compensation, Health Care Advisory Council. Christine Chair Jim Vickerman (DFL-Tracy) spon- Mon., March 3. Kiel, Dept. of Veterans Affairs, said the sored two bills. S.F. 3050 extends the life Boiler operation licensing is modi- new council would serve in a similar ca- of the Minnesota Agriculture Education fied under S.F. 3140, sponsored by Sen. pacity to the board, but would be advisory Leadership Council to 2013. The council Kathy Sheran (DFL-Mankato). The bill

Flanked by alternative fuel vehicles in front of the Capitol, Sen. John Marty (DFL-Roseville) addresses a gathering of proponents of cleaner cars, Mon., Mar. 3. Photo by A.J. Olmscheid

7 Committee update authorizes issuance of a provisional license proper classification of owner-operators as identification number, rather than relying under specific circumstances to businesses independent contractors. The panel voted on Social Security numbers. The bill was that want to use employees who have to delete language repealing the industry- approved and re-referred to the Com- a lower class license than is currently specific criteria for independent contrac- mittee on State and Local Government required by law. Other changes include tor status under DEED. The repealer en- Operations and Oversight. allowing the commissioner of employment courages standardization of the definition and economic development to establish as suggested by the legislative auditor, said SEED program approved educational equivalencies for boiler opera- Tomassoni. However, John Hausladen, The Business, Industry and Jobs tion licenses and chief engineers, and president of the Minnesota Trucking As- Committee, chaired by Sen. James Metzen increasing the horsepower limitations of sociation, said that repealing the language (DFL-South St. Paul), heard bills related licenses. Joel Amato, chief boiler inspec- would broaden the definition and make to economic development authorities, tor for the state, said the bill addresses a an auditor’s job more difficult. Hausladen technology innovation grants, the gov- shortage of engineers in the state, and also said this is not an issue in the trucking ernor’s SEED program, a business invest- encourages youth participation in the in- industry today because the description of ment tax credit, and a standard JOBZ dustry by allowing16-year-olds to operate independent contractor for the industry subsidy agreement, Wed., Mar. 5. historical boilers or hobby steam engines. is very good and even a model for other Sen. Tom Saxhaug (DFL-Grand The bill was approved and re-referred to states. In addition, Hausladen argued the Rapids) presented S.F. 2806, which adopts the State and Local Government Opera- bill unduly targets the industry, and DEED the Human Resources Agency conflict of tions and Oversight Committee. already has audit authority. interest statutes for economic develop- Sen. Linda Scheid (DFL-Brooklyn Don Gerdesmeier of Teamsters Joint ment agencies. Current EDA statute pro- Park) and Sen. Gary Kubly (DFL-Granite Council #32 supported the bill, emphasiz- hibits any financial interest by a member. Falls) presented bills modifying opportuni- ing language that would direct focus onto The proposal requires that any potential ties to apply for a restricted journeyman employers who have already been found conflict of interest be documented and re- or restricted master plumber license, S.F. to have improperly misclassified employ- viewed by the commissioner. Ed Zabinski, 2786 and S.F. 2663, respectively. The first, ees in other jurisdictions. The bill was ap- president of the Grand Rapids EDA, said sponsored by Scheid, changes the applica- proved as amended and sent to the floor. tion deadline to Oct. 1, 2008, and allows The Safe Cosmetics Act, S.F. 2999, that loosening the language would help for applicants with at least two years of requires cosmetics manufacturers to attract and retain volunteers from the practical plumbing experience as a plumb- disclose the ingredient dibutyl phthalate business community who may otherwise ing contractor. Kubly’s bill extends the ap- on the product’s label. In addition, dBT face steep legal action. The bill was ap- plication deadline to Jan. 1, 2009. Kubly in any fragrance must be disclosed on the proved and re-referred to the Judiciary suggested that the panel move Scheid’s label, and the remainder of fragrance in- Committee. bill, which matches language in the other gredients in the product must be listed on S.F. 3107, sponsored by Sen. Dan body. S.F. 2786 was recommended to pass the manufacturer’s website. Bill sponsor Sparks (DFL-Austin), provides $750,000 and sent to the floor. Sen. Ellen Anderson (DFL-St. Paul) said to the University of Minnesota base S.F. 2969, also sponsored by Scheid, that research is revealing some chemicals appropriation and directs the money to modifies electrical, plumbing, water con- in cosmetics may be linked to cancer or short-term innovative technology and ditioning, boiler and high-pressure piping have reproductive toxicity. Dibutyl phtha- economic development research and out- professional statutes. The bill is clean-up late is considered an endocrine disruptor, reach grants. Tim Mulcahy, vice president language to a 200 page code consolidation said Anderson. of research at the U of M, said his office bill from the 2007 session, said Scheid. Nancy Lauden from Estee Lauder would solicit ideas from researchers and S.F. 2468, sponsored by Sen. David said that while she disagrees with many of partners of the U of M and evaluate them Tomassoni (DFL-Chisholm), changes Anderson’s points, the industry wants the for a grant on various criteria including the name of Minnesota Technology, Inc. consumer to feel informed. Lauden also their commercial potential. The bill was to Enterprise Minnesota, Inc. and makes emphasized that the fragrance industry is approved and re-referred to the Finance changes to the organization’s statutes. extremely proprietary and manufacturers Committee. The bill eliminates the requirement that are contractually obligated to not reveal The Strategic Entrepreneurial Eco- the president’s salary may not exceed 95 fragrance formulas. The bill was laid over nomic Development (SEED) initiative, percent of the governor’s salary and elimi- for further discussion. S.F. 3109, sponsored by Sparks, was also nates obsolete language referencing the S.F. 3218, sponsored by Sen. Thomas considered by the panel. DEED Com- corporation as a state agency for account- Bakk (DFL- Cook), adopts recommen- missioner Dan McElroy walked members ing and budgeting requirements. The bill dations of the Workers’ Compensation through the proposal, which lays out 22 also revamps the organization’s primary Advisory Council. The meat of the bill, tactics designed to develop and grow duties. The bill was recommended to pass according to Bakk, raises the maximum entrepreneurs, provide new capital for and re-referred to the Finance Committee. weekly compensation for temporary total rural businesses, and help rural Minnesota S.F. 2688, also sponsored by Tomas- disability from $750 to $850, and increas- gain a competitive advantage. McElroy soni, directs the Dept. of Employment and es the time an injured worker can receive said that the governor has requested about Economic Development to conduct suffi- total disability benefits from 104 weeks $20 million from the general fund and cient audits of trucking industry employers to 130 weeks. Another provision allows $50 million in the bonding bill for the to determine if there is a pattern of im- the Department of Labor to use a worker programs.

8 Many of the programs focus on com- Committee Chair Linda Scheid and audiences by ensuring that perform- munities with a declining population or (DFL-Brooklyn Park) sponsored two mea- ers are who they say they are. He said the above average unemployment, said McEl- sures. S.F. 2930, regulates debt manage- practice of groups appropriating another roy. Some of the proposals include a rural ment services. Scheid said the bill makes group’s name is a sophisticated form of enterprise microloan program to encour- changes to the definition of accreditation identity theft. The bill was approved and age non-profit investment, establishment and repeals an obsolete criminal provi- sent to the Senate floor. of offices within DEED to maximize tech- sion. The definition of accreditation The health care reform bill, S.F. 3099, nology and entrepreneurship, numerous means certification as an accredited credit was described by Chief Author Linda grant programs, and one-time appropria- counseling provider by the Council on Berglin (DFL-Mpls.) and Sen. Julie Rosen tions for projects such as Marketing Rural Accreditation, the Bureau Veritas Quality (R-Fairmont). Berglin said the portion Minnesota. The bill also funds develop- International N.A., or BSI Management of the bill that brought the measure to ment of a pooled bond program to benefit Systems America, Inc., under the bill. the committee is the health insurance small communities. Scheid said an exception is made for ap- exchange and Section 125 plans. The bill The bill was approved and re-referred plicants licensed in Minnesota as a debt is the product of work done by the gover- to the State and Local Government Op- prorater immediately before Aug., 1, 2007. nor’s Transformation Task Force and the erations and Oversight Committee. Sen. James Metzen (DFL-South St. Health Care Access Commission, Berglin Sen. Thomas Bakk (DFL-Cook) Paul) offered an amendment making said. She said the insurance exchange authored S.F. 3271, providing a tax credit changes to the law enacted last year. The provision allows employees, who do not to insurance companies that invest in amendment deletes a requirement for the have health care insurance through their small to medium sized Minnesota busi- debtor’s signature for changes to the debt employers, to purchase insurance with nesses. A similar program is in place in management services agreement requested pre-tax dollars. In addition, she said the about ten other states, said Bakk. National by the debtor and for increases of less than exchange also makes it easier for small insurance companies that pay Minnesota $10 requested by the creditor because of employers to provide insurance. premium taxes could receive tax credits inaccurate information. In each case, an Rosen said the insurance exchange equal to 80 percent of the investment of updated payment schedule or notifica- functions as an insurance market clearing designated capital after a specified number tion is required within seven days, under house. She said the exchange will help of years. Michael Korengold of Enhanced current law. The amendment was adopted. provide information, assistance and tech- Capital Partners Inc. said that in other The bill was advanced to the Judiciary nical expertise to employers and individu- states benefits from job creation more Committee. als wishing to purchase health insurance. than cover the cost of the delayed tax Scheid also sponsored a bill, S.F. Rosen said Section 125 plans refer to the benefits. Bakk said that the proposal may 3132, regulating medical debt informa- federal tax code section that allows the not be doable this year if it pushes tax tion. Scheid said the bill is about protect- purchase of medical coverage with pre-tax credits into the tails, but it is good to start ing patients’ medical debt information. dollars. She said the bill requires employ- the conversation. The bill was approved The purpose of the bill is to protect a ers with 10 or more employees to offer a and re-referred to the Committee on patient’s financial and medical debt infor- Section 125 plan. Employees will be able Finance. mation to ensure the provision of health to save a great deal because they will be A proposal to establish a standard care services, products, or devices despite paying the premiums with pre-tax dollars. subsidy agreement for JOBZ program a patient’s medical debt, Scheid said. “We Members devoted the balance of the applicants was heard. S.F. 3115, spon- don’t want to see patients denied medical meeting to hearing testimony on the bill sored by Sen. Julie Rosen (R- Fairmont), care because of medical debt,” she said. and discussing amendments. Dominic would replace language that guides local The measure was also approved and ad- Sposeto, Independent Insurance Agents, governments’ consideration of executing vanced to the Judiciary Committee. said the language dealing with the an agreement. The standard agreement Sen. Dan Sparks (DFL-Austin) insurance exchange is much better than would be between the applicant, the busi- sponsored a bill, H.F. 1314, regulating the language considered last year. He said the ness, and the department, and includes advertising and conducting of live musical employer mandate does cause concern specific requirements for job creation, performances or productions. Sparks said because there a number of plans already retention and capital investment, accord- the bill makes a distinction between a available. ing to Rosen. The bill was approved and recording group and a performing group. Steve Ehlen, Holland & Frank, said re-referred to the Taxes Committee. He said the bill is aimed at groups that there are already programs available that perform under the name of a group that make the insurance exchange unneces- has had hit records or other success in sary. There is no reason to set up the Commerce and Consumer the past. Jon “Bowser” Bauman, formerly exchange, Ehlen said, because a number Protection of the group Sha Na Na and currently of companies can already provide the in- representing the Vocal Group Hall of formation and expertise needed to choose Health care reform bill gains Fame Truth in Music Committee, said among plans. Darcy Hitesman, Hitesman The Commerce and Consumer the bill aims at protecting the names and & Associates PA, echoed Ehlen’s concerns Protection Committee met Tues., Mar. reputations of successful groups by having about the mandates contained in the bill. 4, to hear several bills and begin work on at least one member of the perform- Mike Hickey, National Federation the insurance portions of the health care ing group be a member of the successful of Independent Business, said there are reform bill. group. Bauman said the bill protects artists a lot of good ideas in the bill, but there

9 Committee update Sen. Dan Skogen (DFL-Hewitt) offered an amendment simplifying the language relating to what must be sup- plied to the consumer at the time of sale. He said the carriers need more flexibility in providing information to the customer. Olson said the amendment is a step back- ward and removes a lot of the consumer protection in the bill. Skogen withdrew the amendment. Michael Bennett, AT&T, said AT&T has asked consumers, through extensive focus groups, what they want at the time of sale. Consumers have told us they want a printed simple summary with estimates of the first bill and on-going bills. He said, “We compete with other carriers on who can be the most consumer friendly.” In addition, Bennett said the complaint rate to the Attorney General’s Office has gone down 40 percent. He urged members to oppose the bill. Olson responded that problems such as unauthorized contract extensions are still taking place and that the number of complaints is significant. Members approved the bill and Senators Charles Wiger (DFL-Maplewood), left, and Dan Larson (DFL-Blooming- re-referred the measure to the Judiciary ton) closely examine a bill during the Tues., Mar. 4, floor session. Committee. Photo by David J. Oakes The committee also discussed a bill, S.F. 2747, creating a Minnesota school are some issues. He said the mandate for also moved to delete provisions relating to employee insurance pool. Chief Author employers to offer Section 125 plans is public health and the hospital assessment Don Betzold (DFL-Fridley) said the Sen- very problematic. He said the NFIB is also that funds the public health programs. ate has passed the bill twice, once in 2005 concerned about the premium tax falling Berglin said that the public health por- and again in 2007. disproportionately on small employers. tion of the bill was recommended by the Betzold said the bill was vetoed last Erin Sexton, Minnesota Chamber of Transformation Task Force and the Health year, but that the proposal before the Commerce, said the bill takes significant Care Access Commission. The amend- committee contains changes to address steps toward reforming the health care ment failed. The bill was approved and the concerns of the governor. He said the system, but there is concern about the re-referred to the Judiciary Committee on measure now requires oversight by the Section 125 mandate, the additional as- a 5-4 roll call vote. commissioner of commerce and specifies sessment and the savings assessment. that no self-insured plan may be offered Sen. Ray Vandeveer (R-Forest Lake) Consumer cell phone bill gains for the first two years. The commissioner moved to delete the provisions of the bill A bill providing consumer protec- of commerce must approve a self-insured relating to the health insurance exchange. tions for cell phone users was one of the plan before it may be offered, Betzold said. Berglin said the establishment of the highlights of the evening portion of the The bill sets up a statewide school exchange serves two purposes, to allow Commerce and Consumer Protection employee insurance pool, not a plan, individuals to purchase health insurance Committee’s Tues., Mar. 4, hearing. Betzold said. “I think with the state-wide and to help individuals and employers ob- S.F. 833, sponsored by Sen. Mary Ol- purchasing power of school employees, tain information about health insurance. son (DFL-Bemidji), sets forth definitions, health insurance plans will be more af- Rosen said the exchange is an integral requires disclosures, requires a listing of fordable,” he said. He said the bill requires part of the reform package. The amend- government taxes and fees and requires at least six plans to be included in the ment failed. consumer authorization for third party pool. The bill is not the solution to rising Vandeveer moved to delete the billing. Olson said the bill was before the health care costs, but it is another tool, health care savings reinvestment assess- panel because of the third party billing Betzold said. ment in the bill. Berglin said that no provisions. Olson offered an amendment Tom Dooher, president, Education assessment is generated unless there are removing references to “third party,” but Minnesota, spoke in support of the bill. significant savings. She said the provision still requiring authorization for charges Dooher said the health care crisis has is another critical piece of the entire pack- for services such as Internet browsing or effects on the ability to attract and retain age. The amendment failed. Vandeveer e-mail. The amendment was adopted. teachers. Insurance costs have doubled in

10 the last few years, Dooher said. He said S.F. 3116, sponsored by Chair Linda structured, Johnson said. He said S.F. 2822 at least six districts do not offer health Scheid (DFL-Brooklyn Park), provides for contains a number of ambiguous defini- insurance and more are contemplating not penalties and attorney fees for vexatious tions that could extend the bill’s reach offering insurance. Jennifer Schaubach, insurance claims practices. The bill de- beyond its intended, first-party scope. Minnesota AFL-CIO, said the bill is an fines vexatious practices as conduct that is However, Scheid said that her conversa- important step in moving health care deliberately arbitrary, capricious, frivolous, tions with Clark indicated a willingness reform forward in the state. not supported by a law or a valid exten- to continue conversations about the best John Gross, Dept. of Commerce, said, sion of law, and without any expectation way to proceed. S.F. 2822 was advanced to “We don’t believe the bill will reduce by the insurer that the conduct is in good the Judiciary Committee without recom- costs statewide; it may help small districts faith. The bill specifies that disagreements mendation. and because of consolidation reduce some about the value or amount of proceeds In other action, committee mem- administrative costs.” In addition, Gross owed, arson or fraud investigations, and bers advanced two additional bills, both said the bill removes local control from reliance on counsel are not vexatious sponsored by Sen. John Marty (DFL- the school districts. For districts that have conduct. Roseville). S.F. 2265 prohibits nonrenewal achieved low-cost, high-quality coverage, Only about half the states have a of a homeowner’s insurance based upon a the bill does nothing to help. statute regarding insurer’s good faith, denied or unpaid claim. S.F. 2917 provides Grace Schwab, Minnesota School Scheid said. Other states with a good faith for the regulation of lending and default Boards, said a mandatory pool does not standard have adopted it judicially, she practices regarding manufactured homes. lower costs, but it does eliminate com- said. She noted that Wisconsin’s standard Both bills were advanced to the full Sen- petition and remove incentives for local is often held up for adoption in Min- ate. districts. She said a mandatory pool does nesota, but that it is a judicial rule, not a not address the real drivers in health care statute. If we are going to have a statute Chemicals prohibited costs, including an aging workforce and governing insurer conduct, it should be The Commerce and Consumer Pro- new technology. Phil Griffin, representing carefully and tightly drawn, Scheid said. tection Committee, chaired by Sen. Linda the Minnesota Health Plans, also spoke in This bill is an attempt at compromise, she Scheid (DFL-Brooklyn Park), met Fri., opposition to the bill. said, between those who believe we need Mar. 7, to consider two measures prohibit- The measure was approved and re-re- a good faith law and those who believe ing chemicals used in plastics. ferred to the State and Local Government consumers are sufficiently protected now. S.F. 1858, sponsored by Sen. Sandy Operations and Oversight Committee. Bob Johnson, Insurance Federation of Rummel (DFL-White Bear Lake), pro- In other action, the panel, chaired by Minnesota, spoke in support of the bill, hibits Bisphenol-A and Phthalates in Sen. Linda Scheid (DFL-Brooklyn Park), saying it was designed to carefully address products for young children. Rummel said advanced three additional bills. S.F. 2979, the small minority of property or casualty the bill is aimed at protecting reproduc- authored by Sen. LeRoy Stumpf (DFL- claims that are not handled appropriately tive health and the health of children. Plummer), exempts auctioneers from the by the insurer. The bill was approved and She said the bill will protect children from registration and reporting requirements re-referred to the Judiciary Committee. dangerous hormonal disruptor chemicals applicable to professional fund-raisers S.F. 2822, carried by Sen. Tarryl Clark used in toys and baby bottles. “Alterna- when the auctioneers are conducting (DFL-St. Cloud), provides remedies if an tives do exist and responsible manufactur- charitable auctions. The bill was ap- insurer denies a claim without reason- ers are beginning to use them,” Rummel proved and advanced to the Senate floor. able basis and with either knowledge said. Gretchen Musicant, commissioner S.F. 2716, carried by Olson, authorizes of or reckless disregard for the lack of of health, city of Minneapolis, said many use of the principal, as well as the inter- reasonable for the denial. In general, we individuals already contain levels of a va- est, in a town cemetery fund to care for have wonderful insurers who respond to riety of chemicals that may have adverse and beautify the cemetery. The bill was claims, Clark said, but sometimes we have health effects. approved and re-referred to the State and problems. This bill tries to make sure Julie Goodman, toxicologist, Gradi- Local Government Operations and Over- people can get what they pay for, she said. ent Corporation, said studies have shown sight Committee. S.F. 2007, sponsored by The bill is essentially limited to property polycarbonate plastics, which contain Sen. Jim Carlson (DFL-Eagan), changes and casualty coverage, said Wil Fluegel, Bisphenol-A, are safe for use in baby the percentage of damage, from 70 to 60 Minnesota Association of Justice. It also bottles. percent, of a car’s actual cash value, before limits the insured’s liability to costs and Scheid said that it seems best to err the damage must be disclosed to a buyer. damages and allows, but does not require, on the side of caution when it comes to The measure was approved and re-referred courts to award reasonable attorney fees, the safety of very young children. to the Judiciary Committee. Fluegel said. The bill was approved and advanced We do not need a bad faith law, to the Business, Industry and Jobs Com- Insurer good faith bills heard because our current consumer protection mittee. Two measures relating to insurers’ laws are sufficient, said Marcus Marsh of Members also considered a bill, S.F. duty to deal with their insureds in good the Association of Farm Mutual Insurance 651, prohibiting the manufacture, process- faith were heard by members of the Com- Companies. Marsh said the bill will drive ing or distribution of products containing merce and Consumer Protection Com- premium rates up at a time when consum- more than one-tenth of one percent of mittee over the course of two meetings, ers are seeing many other costs rise. The commercial decabromodiphenyl ether. Thurs., Mar. 6. other proposal is more tightly crafted and Sen. Ann Rest (DFL-New Hope), pre-

11 Committee update sented the bill on behalf of Sen. Sandra until a referendum became available, S.F. 2678, sponsored by Stumpf, Pappas (DFL-St. Paul), and said the explained a representative of the school replaces about $80,000 in lost sparsity chemical, commonly referred to as PBDE, district. aid to ISD #356, Lancaster with transi- is used as a flame retardant in the exte- Blasting from a nearby mining tional aid. The sparsity aid was reduced rior casings of televisions, computers and operation is to blame for a bowed wall in when a neighboring school district shifted monitors, in upholstered furniture, and in a school in ISD #706, Virginia, said bill facilities, explained Stumpf, throwing the mattresses and mattress pads. Rest said the sponsor Sen. David Tomassoni (DFL- district’s budget out of balance. bill provides for a limited phase-out and Chisholm). S.F. 3249 transfers up to focuses on home exposures to children. $100,000 from a debt redemption fund Educator training grants heard The bill also provides that a manufacturer to the district’s general fund for repairs, The E-12 Education Budget Division, or user may apply for a three-year exemp- without making a levy reduction. chaired by Sen. LeRoy Stumpf (DFL- tion by filing a written request with the Sen. Tony Lourey (DFL-Kerrick) Plummer), heard grant proposals and state commissioner of the Pollution Control sponsored S.F. 2868, transferring up to aid modification bills, Wed., Mar. 5. The Agency. The measure authorizes an $300,000 from the capital fund to the bills were laid over for possible inclusion exemption upon a finding that there is no general operating fund of ISD #2580, East in the education finance omnibus bill. alternative that performs the same techni- Central. The school is four years old and S.F. 3244, sponsored by Sen. Dan needs minimal maintenance and repairs, cal function, is commercially available, is Skogen (DFL-Hewitt), provides $400,000 said Superintendent Jeff Peura. Instead, economically practicable and provides net for a grant to the Principals’ Leadership health and environmental benefits. Peura explained, the money would be- come part of a plan to resolve the district’s Institute, a staff development program The bill was approved and advanced for principals. Funding for the program to the Business, Industry and Jobs Com- debt in the next two years. ISD #671, Hills-Beaver Creek has expired last year, said Skogen. mittee. S.F. 2669, sponsored by Sen. Sandy In other action, members heard a bill upgraded its 1920’s school building for disabled access and now wants to transfer Rummel (DFL-White Bear Lake), in- providing for foreclosure deferments. S.F. creases state aid compensation for early 3396, sponsored by Sen. Ellen Anderson the $260,000 remainder of the disabled childhood screenings. Tammy Dunrud, (DFL-St. Paul), provides that an eligible accessibility fund into the health and assistant coordinator of Forest Lake Area foreclosed borrower has the right to defer safety fund and the general fund accord- ing to Superintendent David Deragisch. Schools, said that the program ran a defi- a foreclosure sale until the expiration of In addition, S.F. 3344, sponsored by Sen. cit last year, drawing money from other the deferment period. Anderson said the Jim Vickerman (DFL-Tracy), authorizes a programs. Sen. Tarryl Clark (DFL-St. crisis in subprime loan foreclosure has far $100,000 transfer from the capital expense Cloud) said that creating incentives for reaching effects on neighborhoods and account to the district’s general fund. early screening should be a priority. local governments. Supporters stressed the S.F. 2801, sponsored by Sen. Ann S.F. 3436, sponsored by Sen. John need to allow individuals time to work Lynch (DFL-Rochester), makes a techni- toward payment arrangements that would Doll (DFL-Burnsville), appropriates cal correction. A fund balance penalty $200,000 to the Minnesota Historical prevent foreclosures. “The dragnet is too exception given to ISD #2899, Plainview- wide, under the bill, because it catches all Society to provide content based pro- Elgin-Millville community education fund fessional development and curriculum foreclosures,” said Kevin Dunlevy, Min- after a consolidation gave an aid adjust- nesota State Bar Association. Dunlevy development to teachers. The grant would ment but did not take into account the continue to fund professional develop- said the bill also raises some constitutional corresponding levy adjustment. ment workshops throughout the state, said questions. Members laid the bill over for A school district that operates and the education outreach program director further discussion. maintains an ice arena may levy for 100 percent of operating costs under S.F. 2371, of the Historical Society. authored by Sen. Charles Wiger (DFL- S.F. 2964, sponsored by Sen. Patricia E-12 Education Budget Maplewood). The bill affects nine school Torres Ray (DFL-Mpls.), increases rates Division districts in the state, said Wiger. In 2003, for adult basic education aid. The bill the limit was reduced to 90 percent as aid limits grants to a single organization to 15 District fund transfers heard was reduced and shifted to levy obligation, percent of the total supplemental services The E-12 Education Budget Division explained Wiger. Since then, the percent aid and adjusts the growth of state total heard fund transfer proposals and a few has been restored for rental property and adult basic education aid for fiscal years clean up bills, Tues., Mar. 4. The division, other facilities, but has yet to be restored beyond 2008. The proposal is intended to chaired by Sen. LeRoy Stumpf (DFL- to district-operated ice arenas. help recruit skilled workers in the field, Plummer) laid the eight bills over for pos- Another disability access fund said Torres Ray. The bill also increases the sible inclusion in an omnibus education transfer is authorized by S.F. 2379. ISD dollar amount the state may pay toward finance bill. #750, Rocori has completed all their GED test fees from $20 to $40. ISD #411, Balaton may transfer up to access projects, leaving $82,000 in the S.F. 3312, also sponsored by Rum- $70,000 from its operating capital account fund, according to bill sponsor Sen. Tarryl mel, provides $400,000 to the Minne- to its undesignated general fund under Clark (DFL-St. Cloud). The money would sota Humanities Center in FY 2009 for S.F. 2514. The proposal, authored by be transferred for three capital invest- professional development and curriculum Sen. Dennis Frederickson (R-New Ulm), ment projects, said Superintendent Scott supplements available to teachers in the would help cover one year of expenses Staska. humanities, such as language, history,

12 civics and literature. Stanley Romanstein, Michelle Weber, Minnesota Dept. of employment contracts between a local president of the Minnesota Humanities Education, said the department’s concerns school board and a class of school district Center, said funding could develop pod- include allowing districts to have enough employees such as teachers or custodians, casts available to the many young teach- time to put together a plan and provid- where the spouse of a school board mem- ers throughout the state demanding web ing funding for the task force in the bill. ber is a member of the class of employees access to staff development resources. Weber said, though, that the department contracting with the school board. The is willing to continue working on the bill was approved and advanced to the provisions of concern. Senate floor. Education The measure was approved and Betzold also sponsored a bill, S.F. Achievement gap bill gains advanced to the State and Local Govern- 2754, authorizing a school hiring au- The Education Committee met Mon., ment Operations and Oversight Commit- thority to contract with a third party to Mar. 3, to hear a variety of bills. One tee. conduct background checks. The bill also measure, S.F. 3151, provides a plan to A bill, S.F. 3250, providing for a details requirements for the contracts be- reduce the educational achievement gap. world class schools vision statement was tween the school hiring authority and the Chief Author Patricia Torres Ray (DFL- also before the committee. Chief Author third party. An amendment was adopted Mpls.) said the bill is the product of work Sandy Rummel (DFL-White Bear Lake) requiring that the third party entity abide done during the interim on the achieve- said the bill sets up a working group to by the Data Practices Act. The measure ment gap. Torres Ray said it became monitor the progress of the state in meet- was approved and re-referred to the Judi- very clear that the achievement gap is a ing the world-class schools goals and to ciary Committee. very complex issue. The goal of the bill propose strategies, make recommendations is to eliminate differences in academic and draft legislation. She said the bill Variety of bills gain performance among groups of students arises from Minnesota’s Promise, a col- A number of proposals were before defined by race, ethnicity and income, laborative call to action to transform the members of the Education Committee as she said. We found a number of districts education system. Rummel said the bill they gathered, Wed., Mar. 5. in Minnesota are already moving forward provides a coherent plan from the Capitol S.F. 3194, authored by Sen. Terri with plans to reduce the achievement to the classroom. Bonoff (DFL-Minnetonka), provides gaps within their populations, she said. Rummel said the bill outlines ten for the adoption of statewide technol- However, there has not been enough time strategies for improvement throughout the ogy standards and guidelines for school to evaluate the results of those initiatives, education system, including early child- districts to use in improving students’ aca- Torres Ray said. hood education, academic rigor, educator demic achievement. Under the bill, the quality, family and community involve- Torres Ray said the proposal has four standards must encompass instructional ment, cultural inclusiveness, appropriate important components. The first requires technology, technological tools, shared use of data and research, adequate fund- districts that have significant disparities services, data practices, data management, ing, and special education. Testimony in and facilities infrastructure. Sen. Kevin to develop a plan to close or dramatically support of the bill stressed the importance Dahle (DFL-Northfield) sponsored a bill, narrow the differences in a academic of improving education to meet the needs achievement among students. The second of a global economy. S.F. 3029, creating a five-year pilot pro- provides a framework for using best prac- The bill was approved and re-referred gram allowing alternative learning centers tices to implement the plan for closing the to the State and Local Government Op- and charter schools to identify systemic gap. The third part provides for the state erations and Oversight Committee. improvement measures to best serve eli- to convene an advisory task force to look Committee Chair Charles Wiger gible students. S.F. 2815, carried by Sen. at different components of excellence in (DFL-Maplewood) authored a bill, S.F. Tom Saxhaug (DFL-Grand Rapids), modi- education. The final component provides 3001, incorporating the Department of fies the required language for levy renewal for a practical state plan to eliminate the Education’s recommendations for com- referenda. The bill removes a reference to academic performance differences among bined technical and policy changes. a property tax increase and requires the groups of students. Commissioner Alice Seagren said the language to state that the question is on Audrey Appelsies, Children, Youth bill makes changes to financing provi- the renewal of an existing levy. All three and Family Consortium, University of sions, charter school provisions, testing measures were approved and re-referred to Minnesota, said that for the sake of the provisions, special programs provisions the State and Local Government Opera- state’s economic future, it is incumbent and life-long learning provisions. Tom tions and Oversight Committee. that the state provide leadership, direction Melcher, Dept. of Education, took mem- Committee Chair Charles Wiger and support to reduce educational dispari- bers through a section by section explana- (DFL-Maplewood) sponsored a bill, S.F. ties. Meria Carstarphen, superintendent, tion of the bill. Wiger said the bill would 2420, providing for assessments in the St. Paul Schools, said it is critically be laid over for further consideration. earth and space, life, and physical sciences important to reduce disparities and have In other action, the panel advanced in grades 10 through 12. Adding tests is more students graduate. Rogelio Munoz, several additional bills. S.F. 2653, not adding courses, said Lee Schmitt, a executive director, Chicano Latino Affairs authored by Sen. Don Betzold (DFL- professor of education at Hamline Univer- Council and the state councils of color, Fridley), establishes a conflict of inter- sity. High schools can teach these sciences said that individual districts are making est exception for contracts for which in a number of courses, he said. Only by great strides, but there is no statewide plan competitive bids are not required by law. testing in the sciences will schools and in operation. Specifically, the exception applies to teachers know how much success they are

13 Committee update having in teaching the subjects, he said. cation Minnesota. The panel heard from a Maplewood), traveled to the Xcel Energy The bill was advanced to the Finance variety of educators and representative of Center in St. Paul, Fri., Mar. 7, to hear Committee. S.F. 2940, authored by Sen. education-related groups on the impor- an overview of the Minnesota State High Jim Carlson (DFL-Eagan), permits school tance of measuring student and school School League. The league is a nonprofit, boards to opt, by resolution, whether to achievement and the advantages and voluntary association of high schools that choose board nominees by primary. The disadvantages of different measurement provides opportunities for athletics and bill also requires the Dept. of Education models. Commissioner Alice Seagren fine arts competition for high school stu- to report on its data collection procedures thanked Rummel for addressing several of dents. The league is governed by special and recommend a streamlined, web- the department’s concerns, but said there statutory provisions in chapter 128C. based reporting system. The measure was was still more work to be done. Rummel forwarded to the State and Local Govern- said the discussions are making signifi- Energy, Utilities, Technology ment Operations and Oversight Commit- cant headway with several stakeholders tee. involved. She moved to advance the bill and Communications Sen. Sandy Rummel (DFL-White to the Finance Committee. This is the Bear Lake) carried a bill, S.F. 2882, on policy committee and we need to resolve Cap and trade system amended the use of multiple performance measures The Committee on Energy, Utili- the policy issues here before we send this to fairly and accurately report student ties, Technology and Communications achievement and school performance. bill on, said Sen. David Hann (R-Eden inspected two bills addressing greenhouse Members began their consideration of Prairie). He moved to table the bill; the gas emissions, Tues., Mar. 4. the bill at a prior hearing, Wed., Feb. 27. motion to table prevailed. S.F. 3337, sponsored by Committee Rummel offered, and members adopted, Chair Yvonne Prettner Solon (DFL- an amendment reflecting the results of MSHSL reviewed Duluth), creates a process for the state discussions among interested parties, Members of the Education Commit- to develop policies for implementation including the Dept. of Education and Edu- tee, chaired by Sen. Charles Wiger (DFL- of Minnesota Climate Change Advisory

Senators Thomas Bakk (DFL-Cook), left, and Richard Cohen (DFL-St. Paul) confer during floor debate in the Senate Chamber, Thurs., Mar. 6. Photo by David J. Oakes

14 Group recommendations and the Next Language proposes a team of six Legisla- of Commerce said that since the program Generation Energy Act of 2007. tors to be observers of the regional nego- was scrapped, the criteria have changed The bill outlines six principles for tiations, in addition to a legislative report to emphasize energy savings, not just cost policy, including emphasis on conserva- on negotiations to be provided by the effectiveness, and the program would be tion and efficiency, public education and Office of Energy Security. In addition, any welcome. The bill was approved and sent government leading by example. In addi- system must be okayed by the Legislature to the Senate floor. tion, the bill requires an annual report to before becoming law. S.F. 3093, sponsored by Sen. Scott the Legislature and to the public on the The bill was approved and re-referred Dibble (DFL-Mpls.), extends the terms of reductions, including a plan for attaining to the State Government Operations and guaranteed energy savings contracts to 20 the reductions. Oversight Committee. years and reduces the payments slightly. A Brad Lehto of the AFL-CIO said representative of the Minneapolis Hous- AFL-CIO leadership has adopted even Conservation bills considered ing Authority said the bill would help stronger standards in anticipation of state The Energy, Utilities, Technology save an additional $10 million in costs for action and supports the approach being and Communications Committee, chaired housing that shelters many low income taken. by Sen. Yvonne Prettner Solon (DFL- and elderly residents. The bill was ap- The bill was approved and sent to the Duluth), heard four bills related to energy proved and re-referred to the Committee floor. conservation and one bill related to utility on State and Local Government Opera- S.F. 2818, sponsored by Sen. Ellen shut-offs, Thurs., Mar. 6. tions and Oversight Anderson (DFL-St. Paul), establishes S.F. 2775, sponsored by Sen. Leo Fo- legislative interest in a potential cap and ley (DFL-Coon Rapids), requires notifica- Environment and Natural trade system. Anderson outlined proposed tion of a customer’s gas or electric utility amendments drafted in response to the shut-off to the corresponding water utility. Resources last hearing of the Green Solutions Act, The bill would prevent frozen pipes and offering guidelines for what a cap and damage in homes that may be abandoned Dove hunting ban heard trade system in Minnesota could look like. or in foreclosure, said Robert Schreier, A ban on the hunting of mourning Anderson’s amendments were adopted. director of community development for doves was one of three measures heard by Addressing a major friction point of Brooklyn Park. The bill was approved and members of the Environment and Natural the bill’s first committee review, the new re-referred to the Committee on Judiciary. Resources Committee, Mon., Mar. 3. The language suggests auctioning of emis- Sen. Julie Rosen (R-Fairmont) panel, chaired by Sen. Satveer Chaudhary sion permits to the extent economically proposed a bill, S.F. 2949, providing for (DFL-Fridley), laid the measure over for feasible, and would direct any revenue the issuance and appropriation of bond possible inclusion in an omnibus environ- from auctions to benefit consumers, public proceeds for a local renewable energy mental policy bill. good, and to help high-energy-consuming initiative and micro energy loan program. S.F. 2329, sponsored by Sen. Scott industries reduce their costs. Mike Bull, assistant commissioner of re- Dibble (DFL-Mpls.), essentially repeals Sen. Julie Rosen (R-Fairmont) argued newable energy and advanced technology, the 2004 authorization for mourning dove that the bill still assumes that auctions said the bill works well with the direction hunting. The bill strikes mourning doves will be included, and any references to of the Next Generation Energy Board. from the statutory list of game birds and auctioning should be removed. The bill was approved and re-referred to prohibits the taking of mourning doves. However, the appropriate parallel is the Finance Committee. Mourning doves are small songbirds that to public ownership of airwaves, said Sen. S.F. 3311, also sponsored by Rosen, are not hunted for the traditional reasons Scott Dibble (DFL-Mpls.), and no one clarifies the terms of a propane prepur- game birds are hunted, Dibble said. He should use a public resource for free—or chase program, specifying that up to $4 said there is no wildlife management profit from its use—without paying back million of a year’s federal low income reason to hunt mourning doves. He noted to benefit the public. home energy assistance appropriation may that mourning doves are monogamous and New language also directs the system be held over for use in the next year to often mate for life. If one member of the to apply to as many industries as economi- prepurchase propane. In addition, funds mating pair is killed, the other is unlikely cally feasible, rather than specifying a list held over may also be used for other to re-mate and continue breeding, Dibble of industries that will be included. An- authorized low-income home energy as- said. derson also deleted a legislative findings sistance purposes. The bill was approved Representatives of several animal article, unnecessary definitions, establish- and sent to the Senate floor. rights and environmental organizations ment of a climate trust fund and language S.F. 3089, sponsored by Sen. Kevin spoke in favor of the bill. Mourning that she said was too rigid in directing the Dahle (DFL-Northfield), reinstates a doves are small and yield only about two governor and implementation. The scope program including qualifying strategic ounces of edible meat per bird, said Susan of studies being commissioned is also tree planting as conservation improve- Brunnels, Midwest Avian Adoption and greatly expanded under the amended bill. ment expenditures. Paul Morlock of Law’s Rescue Services. She noted that mourn- The bill is a reflection of the Leg- Nursery in Hastings called it a common ing doves are erratic flyers, making them islature’s intent, and is a way for the sense, low tech proposal because of the difficult to hit and kill. It is possible that Legislature to participate in the Midwest energy benefits of planting trees, describ- aggressive mourning dove hunting could Greenhouse Gas Accord being negotiated ing it as an investment that appreciates drive the species to extinction, she said. by regional governors, said Anderson. over time. A representative of the Dept. John Arthur, Minneapolis chapter of the

15 Committee update Audubon Society, said the organization debris as cover material at landfills. Chief The bill was approved and re-referred to once supported mourning dove hunting, Author James Metzen (DFL-South St. the Finance Committee. but has now reversed its position. Hunting Paul) said the debris can contribute to the Two additional bills were laid over for mourning doves seems to be approached creation of hydrogen sulfide gas, lead- possible inclusion in an omnibus environ- as little more than target practice by some ing to serious environmental and health mental policy bill. S.F. 2404, sponsored hunters, Arthur said. If hunters need problems. However, Leo Raudys of the by Sen. Gary Kubly (DFL-Granite Falls), something to shoot at, they have other Pollution Control Agency said the use of provides for the issuance of an annual options, he said, including clay pigeons construction debris is tightly controlled. state park permit at no charge to veter- and numerous other game birds. When It has been used at an industrial landfill ans with total and permanent service- mourning dove hunting was legalized, we in Buffalo for about 18 months, he said, connected disabilities. S.F. 3014, authored were told there would be 50,000 hunt- and monthly inspections have indicated by Sen. Kathy Sheran (DFL-Mankato), ers in three years, said Howard Gold- no problems. The bill was laid over for modifies the restriction on firearms that man of the Humane Society. We have possible inclusion in the omnibus envi- can be carried in deer zones. seen at most 15,000 hunters, he said, ronmental policy bill. meaning “this is an experiment that has S.F. 2800, authored by Sen. Ellen Game and fish measures discussed failed.” Goldman noted that mourning Anderson (DFL-St. Paul), requires store Bills relating to game and fish and the dove hunting has broader environmen- chains and individual stores of more licensing of individual sewage treatment tal effects, including an increase in the than 5,000 square feet of retail or whole- system professions occupied the members discharge of toxic lead. sale space to operate an in-store plastic of the Environment and Natural Re- Chaudhary noted that many other bag recycling program. Anderson noted sources Committee at their Tues., Mar. 4, game birds are also hunted with lead shot. that Minnesotans use 2.6 billion plastic meeting. Sen. Tom Saxhaug (DFL-Grand Rap- bags every year. Susan Hubbard, Eureka Sen. Satveer Chaudhary (DFL- ids) countered the small-yield argument Recycling, discussed the environmental Fridley), committee chair, sponsored S.F. by noting that sunfish also yield only a impact of plastic bags and the need for 3425. The bill makes a number of changes couple ounces of meat, but the state per- recycling. Plastic bags, like all plastics, do to provisions relating to game and fish. mits anglers to take them. not biodegrade, she said, and will be with The measure modifies report require- Representatives of several outdoors us for thousands of years to come. Jamie ments for the game and fish fund, changes and sport-hunting organizations spoke in Pfuhl, Minnesota Grocers Association, the disposition of the pheasant habitat opposition to the bill. Hunters and anglers noted that many retailers already offer improvement account, modifies the wild are self-regulating groups, said Gary Leaf, recycling. She said the focus should shift turkey management account, changes Sportsmen for Change. The conservation away from a mandate and toward con- groups in the private sector are very much sumer education. At Anderson’s request, hunting and fishing licensing and taking in tune with the species they monitor, he members deleted rulemaking and penalty provisions and authorizes rulemaking. said. Leaf noted that many game species provisions before advancing the bill to The measure was laid over because of time were in dire straits until hunters took up the Commerce and Consumer Protection constraints. their causes and encouraged responsible Committee. Sen. Dan Sparks (DFL-Austin) practices, reviving the species. It is insult- Sen. Mary Olson (DFL-Bemidji) sponsored a bill, S.F. 3386, modifying the ing to compare mourning dove hunting carried S.F. 2943, which provides for licensing requirements for individual sew- to target practice, he said. The bulk of a designating Star Lakes or Rivers. Under age treatment system professionals. The hunter’s time is spent looking at nothing, the bill, a lake association may apply for bill was laid over for possible inclusion in waiting for an animal or bird to appear, designation as a star lake or river if it the panel’s omnibus bill. Leaf said. Hunting mourning doves is develops and updates a comprehensive not easy, he said. As long as the science management plan, maintains a member- Outdoor heritage council okayed continues to support mourning dove hunt- ship or participation of at least half the Among the bills considered by ing, he said, the hunt should be permit- private shoreland owners, participates in members of the Environment and Natural ted. If the science indicates that hunting the PCA citizen water quality monitoring Resources Committee, Wed., Mar. 5, was is harming the species, then hunters will program, and meets at least annually with a measure creating a council to oversee a come forward to protect the species, Leaf DNR staff regarding the comprehensive portion of the sales tax proceeds from a said. management plan. The bill also creates a proposed constitutional tax increase and Ed Boggess, deputy director of the star lake board and permits the erection of dedication for natural and cultural re- Fish and Wildlife Division, said the DNR star lake or river signs. The measure was sources. The bill, carried by Chair Satveer supports continuing the mourning dove advanced to the State and Local Govern- Chaudhary (DFL-Fridley), was approved. hunt. The mourning dove is the most ment Operations and Oversight Com- S.F. 3488 creates an outdoor heritage abundant game bird species in the United mittee. S.F. 3056, carried by Sen. Dennis fund to receive part of the dedicated tax States, he said. The Minnesota hunting Frederickson (R-New Ulm), requires pro- revenue. The Lessard-Heritage Enhance- season is set under a federal framework ceeds from the sale of DNR administra- ment Council, under the bill, is to be and the mourning dove population is tive sites to be used to acquire facilities or composed of six Legislators and ten public monitored annually, he said. renovate existing buildings for administra- members, including at least four women Members also considered a bill, S.F. tive use, or to acquire land for, design and and one member of an ethnic minority. 2451, prohibiting the use of construction construct DNR administrative buildings. The bill requires the council to propose,

16 with the support of at least 11 of its members, a biennial budget plan for spending from the outdoor heritage fund. Chaudhary said the proposal adopts a structure similar to that of the Legislative-Citizen Commission on Minnesota Re- sources. People want clarity and transparency said former Sen. Bob Lessard. It is important to have a council like this so that sportspersons, and citizens in general, can see where the money is going, he said. Mem- bers adopted an amendment, offered by Sen. Tom Saxhaug (DFL-Grand Rapids), requiring entities appointing members of the council to consider geo- graphic diversity when making their appointments. The bill was re-referred to the State and Local Government Operations and Oversight Committee. Committee members heard four additional bills. S.F. 3425, sponsored by Chaudhary, is the omnibus game and fish policy Senators Tom Saxhaug (DFL-Grand Rapids) and Gen Olson (R-Minnetrista) look over proposed bill, containing recommenda- legislation in the Senate Chamber, Thurs., Mar. 6. tions from the Dept. of Natu- Photo by David J. Oakes ral Resources. Among other things, the bill clarifies that any S.F. 2877, authored by Sen. Pat adopt a state forest road map after a public shelter left on the ice must be licensed, Pariseau (R-Farmington), modifies the hearing is held. The map must show standardizes the minimum hunting age restricted hours for raccoon hunting. state forest roads at the time the map is for moose, deer and elk hunting, permits Under current law, the restrictions apply adopted, be prepared at a scale compliant archery hunters of non-deer big game to from sunset to sunrise; the bill applies the with county recorder standards, include carry a firearm, and establishes a statewide restrictions from a half hour after sunset section numbers and include a list of legal limit of four walleye daily and in posses- to a half hour before sunrise. The proposal descriptions of all parcels crossed by state sion. The bill was advanced to the State was laid over for possible inclusion in the forest road prescriptive easements. The and Local Government Operations and omnibus policy bill. S.F. 3246, sponsored bill also spells out the procedure for mak- Oversight Committee. by Sen. Dennis Frederickson (R-New ing appeals. Sen. David Senjem (R-Rochester) Ulm), permits the DNR to issue adminis- S.F. 2651 creates a Minnesota forests carried a bill, S.F. 3057, modifying restric- trative penalty orders to address violations for the future program, establishes a tions on the practice of shining artificial of water program laws. Frederickson said revolving account, provides for expedited lights to spot, locate or take wild animals. administrative penalty orders are an addi- exchanges of public land and modifies the The bill completely prohibits shining tional enforcement mechanism for dealing sustainable forest incentive program. when a person is carrying a firearm or bow. with violators. The bill was forwarded to Both measures were advanced to the For unarmed persons, the bill prohibits the Judiciary Committee. full Environment and Natural Resources shining on highways and in fields, wood- Committee. lands or forests from one hour after sunset until sunrise; on fenced, agricultural land; Forestry bills gain and on residential property from a moving Two bills dealing with forestry were Finance motor vehicle. The bill sets forth excep- heard at the Thurs., Mar. 6, meeting of tions for taking raccoons, hunting fox or the Environment and Natural Resources Bonding bill okayed coyote, carrying out safety activities and Subcommittee on Forestry. Chair Tom A measure authorizing the sale of engaging in outdoor recreation that does Saxhaug (DFL-Grand Rapids) sponsored over $1 billion in state bonds for capital not involve spotting, locating or taking a both bills. improvement projects was approved by wild animal. The measure was laid over S.F. 2976 modifies requirements for the Finance Committee, Mon., Mar. 3. for possible inclusion in an omnibus envi- alternative recording for state forest roads. The bulk of the package, $965.17 million, ronmental policy bill. Under the bill, the commissioner may is supported by debt service payments

17 Committee update from the general fund. S.F. 3295, carried Tom Stinson and State Budget Director not limit an enrollee’s provider choice or by Sen. Keith Langseth (DFL-Glyndon), James Schowalter reviewed the forecast, access to services. was advanced to the full Senate. which projects a shortfall of $935 million S.F. 3241, sponsored by Sen. Sharon Committee Chair Richard Cohen in the current biennium and a shortfall Erickson Ropes (DFL-Winona), makes (DFL-St. Paul) said one of the panel’s of $1.086 billion in FY 10-11. The full several changes to the implementation focus areas was the general fund spending forecast document is available online of prepaid health care programs and to within the bill, which amounts to $30.455 at http://www.finance.state.mn.us/ffeu/ the county based purchasing health plan million. Langseth explained why several forecasts/2008feb/2008feb.pdf. option. The bill also makes changes to the projects needed to be paid directly out of dispute resolution process. Erickson Ropes the general fund. For example, the bill said the bill also requires the commission- includes $3.9 million from the general Health, Housing and Family er to approve a county based purchasing fund for a diversion channel near Browns Security health plan proposal for any Minnesota Valley, to avoid future flooding. Langseth county or counties establishing a county said the project cannot be bonded for, County based purchasing debated based purchasing entity as a single-plan because the diversion channel is on the Bills dealing with county based contract for all counties eligible under fed- South Dakota side of the border, even purchasing for state health care programs eral law. The bill also specifies that there though it will benefit Minnesota. The bill were the focus of the afternoon portion of be no more than two plans, including the also includes an additional $5 million for the Health, Housing and Family Secu- county based purchasing plan for those debt service, because the Dept. of Finance rity Committee meeting Mon., Mar. 3. counties not federally eligible for single- projected a bonding package of only $645 The panel, chaired by Sen. John Marty plan status. S.F. 3299, also sponsored by million, Langseth said. (DFL-Roseville), heard four bills relat- Erickson Ropes, exempts counties located Before advancing the bill, members ing to county based purchasing and one in rural areas from the requirement for adopted a number of amendments. Several bill incorporating the legislative auditor’s county based purchasing proposals to of the amendments clarify various rider recommendations for strengthening state ensure a reasonable choice of providers. provisions. Cohen offered, and members agency administration of health care Representatives of a number of coun- adopted, an amendment providing future programs. ties spoke in support of the measures. Sup- bonding authority for the Minnesota The first of the county based purchas- porters said the locally based provision of Housing Finance Agency to construct, ing bills, S.F. 3181, modifies the dispute health care ensures more transparency and acquire, preserve, and rehabilitate perma- resolution process between a county and effectiveness for consumers. Opponents, nent supportive housing for families with the commissioner of human services over including representatives of health plans, children and individuals who experience county based purchasing of state health argued that the sole-source provisions of long-term homelessness or are at risk care programs such as General Medical the county based purchasing programs of becoming long-term homeless. Sen. Care, MinnesotaCare, the Medical As- limit choice for consumers. Julie Brunner, Sandra Pappas (DFL-St. Paul) offered an sistance prepayment program and other Minnesota Council of Health Plans, said amendment providing $3.5 million to prepaid health care services. Under the that the bills are not consistent with pro- pay debt service for the St. Paul River- bill, the three-person mediation panel is posed health care reforms, nor do the bills Centre. The amendment redirects funds composed of a representative of the com- provide consumers with optimal services. from other St. Paul projects within the missioner of human services, a representa- Members took no action on the bills bill to maintain balance. Pappas said she tive of the president of the Association of at the afternoon portion of the hearing. was reluctant to reduce funding for other Minnesota Counties and one representa- projects, but that the RiverCentre debt tive selected jointly by the commissioner Advanced hygienist bill okayed is the city’s highest priority. Among the and the designee of the Association of A proposal to create a new, mid- projects to be reduced in the amendment Minnesota Counties. The measure, spon- level dental practitioner was approved is a restoration effort at the State Capitol. sored by Sen. Tony Lourey (DFL-Kerrick), by members of the Health, Housing and The Capitol is one of the most beautiful also requires the commissioner to submit a Family Security Committee at an evening buildings in the state from the outside but report describing the activities undertaken meeting, Mon., Mar. 3. The panel, chaired falling apart on the inside, said Sen. Don by the commissioner to comply with the by Sen. John Marty (DFL-Roseville), Betzold (DFL-Fridley). It is not a St. Paul requirements of county based purchasing. advanced the bill to the Finance Com- project, the Capitol is a statewide asset, Sen. Ann Lynch (DFL-Rochester) mittee. said Sen. Claire Robling (R-Jordan). She carried a bill, S.F. 3031, requiring the S.F. 2895, authored by Sen. Ann moved to amend the amendment, restor- commissioner of human services to assign Lynch (DFL-Rochester), establishes a new ing funding for the Capitol and further eligible individuals to the county based level of practice for an advanced dental reducing funding for the Asian Pacific purchasing health plan, if the individual hygiene practitioner (ADHP). Lynch Cultural Center. The amendment to the resides in a county that has an approved said the bill is not for or about any group amendment prevailed on a divided voice plan. The bill also requires the commis- of practitioners or any curriculum at any vote. The amendment was adopted. sioner to approve a county based purchas- institution. The bill is about expanding In other action, committee mem- ing health plan proposal submitted on access to dental care, she said, recount- bers heard a presentation on the latest behalf of Winona, Houston, Fillmore and ing the story of a 12-year-old Maryland economic forecast. Finance Commis- Mower Counties for state health care boy who died after bacteria from a dental sioner Tom Hanson, State Economist programs, if the single-plan proposal does abscess traveled to his brain. Lynch briefly

18 outlined the bill’s provisions and noted room visits could have been avoided with of dental care, she said. The ADHP would that nothing in the bill mandates the use adequate preventive and routine care. be a cost-effective, well-used member of of an ADHP in any dental clinic. The bill creates a practitioner who will the team at a safety net clinic like mine, Michael Scandrett, Minnesota Safety provide only basic restorative services, Johnson said. Net Coalition, said the lack of access to supervised generally by a dentist, he said. Several practitioners raised concerns dental care is one of the biggest problems Scandrett noted that ADHPs will be able with the proposal. Dr. Bob Brandjord, an facing patients who use the state’s safety to practice outside traditional clinic walls oral surgeon, said the bill represents a rush net clinics. Patients may wait as long as and that safety net clinics could employ to judgment. We need more information eight months to see a dentist for a routine three ADHPs for the cost of one dentist. and study before acting, he said. The state visit and two years for a complex proce- Mid-level practitioners have been used in should evaluate all potential options, he dure, he said. Scandrett noted that the 20 countries for many years, including for said, and require a planned curriculum number of dentists projected to retire in over 30 years in Canada, he said. We do and a pilot program before authoriz- coming years greatly outstrips the project- not know the depth and breadth of the ing a new practice. An outline or a list ed supply of new dentists. Seven emer- access problem, said Maureen Johnson, of competencies is not enough, he said. gency rooms in the Twin Cities reported a dental hygienist with the Salvation Dentists recognize the access problem and 10,000 visits relating to oral health, Army Good Samaritan Dental Clinic the needs of the uninsured and underin- costing more than $4.7 million, he said. in Rochester. It is startling that we have sured, said Dr. Scott Lingle, representing Scandrett noted that many emergency faith-based organizations entering the field the American Dental Association. We are concerned about patient safety, he said, and every medical procedure could be called simple until something goes wrong. The worst case is for something to go wrong when the practitioner lacks the education to know it has gone wrong, he said. When a procedure becomes some- thing more complex in a split second, Lingle said, practitioners need well- trained surgical skills to finish the job. When I was a dental hygienist, I disagreed with some of the treatment options recommended or ordered by the dentists I worked for, said Patricia Stone, a dental student. She said that when she went back to school, she did not understand why she needed to retake some science courses and take other advanced science courses. Once I started treating live patients in my third year, she said, I realized how critical that education was to patient safety. The bill was approved, 9-3. Committee members also considered a bill, S.F. 3122, creating a dental school scholarship program and expanding a loan forgiveness program to include dentists who agree to provide services through a nonprofit organization, community clinic, or federally qualified community health center for a period of at least three years. Carried by Sen. John Doll (DFL-Burns- ville), the bill also provides for commu- nity dental health coordinators, who will promote oral health through organized and coordinated community-based promo- tion and prevention programs. Finally, the bill creates a unified oral health system to help improve the administrative efficiency and effectiveness of the state’s existing Scott Taylor, Edina, shows members of the Health, Housing and Family Security public dental health programs. Members Committee, Wed., Mar. 5, an example of a pool drain cover that may have prevented adopted an amendment, offered by Lynch, the serious injuries his daughter Abigail sustained in June 2007. removing the unified oral health system Photo by David J. Oakes

19 Committee update provisions. S.F. 3122 was approved and Peter Carr, Dept. of Health, reviewed Licensing bills heard forwarded to the Finance Committee. the upward trend of STDs in Minnesota The evening portion of the Wed., In other action, committee members over the last few years. Marty said the Mar. 5, meeting of the Health, Hous- completed their work on several county- trends are all going in the wrong direc- ing and Family Security Committee was based purchasing proposals heard during tion, but with the talk of health care devoted to a variety of topics. an afternoon session. S.F. 3181, sponsored reform this year, the bill’s emphasis on Sen. Sandra Pappas (DFL-St. Paul) by Sen. Tony Lourey (DFL-Kerrick), was prevention and treatment could aid in sponsored two bills. S.F. 3417 adds an advanced to the State and Local Govern- lowering costs later on. The measure was exception to the complementary and ment Operations and Oversight Commit- approved and re-referred to the Finance alternative health care client bill of rights tee. S.F. 3031, authored by Lynch, was for- Committee. for in-patient hospital and hospice care. warded to the Finance Committee. Sen. Sen. Geoff Michel (R-Edina) spon- Pappas said complementary and alterna- Sharon Erickson-Ropes (DFL-Winona) sored a bill requiring public pools and tive health care bill of rights are meant carried two bills, S.F. 3241 and S.F. 3299; spas to be equipped with anti-entrapment to cover outpatient care. Geoff Bartsh, motions to advance each bill failed. Mem- devices and systems. The bill also expands representing Health Partners and Regions bers also considered a fifth proposal, S.F. licensure requirements to pools that are Hospital, said complementary and alterna- 3322. The bill, sponsored by Sen. Yvonne currently unlicensed, requires inspections tive health care in a hospital setting is Prettner Solon (DFL-Duluth), adopts and requires existing pools to be retrofit- covered under the hospital patient bill of recommendations from a recent legislative ted with drain covers that are in compli- rights. S.F. 2825 amends the patient bill of auditor’s report on the financial manage- ance with industry standards. Michel rights to include continuous doula support ment of public health care programs. The described the pool accident involving and information about evidence-based bill was approved and re-referred to the Abbey Taylor last summer. Michel said, nonpharmacological pain relief. Members Judiciary Committee. “We need to beef-up safety standards adopted an amendment clarifying a provi- for our public pools, especially kiddie sion relating to informing patients about Pharmacy bill gains pools.” Scott Taylor, Abbey’s father, spoke nonpharmacological pain relief. Both The Health, Housing and Family about the problem of pool safety and the measures were approved and advanced to Security Committee met Wed., Mar. 5, incidence of accidents similar to Abbey’s. the Senate floor. to consider bills relating to prescription He said the standards in the bill are not Two bills relating to physical thera- drug sales, screening for STDs and public stringent enough because the industry set pists were also before the committee. S.F. swimming pool requirements along with a the standards, which would continue to 3394, sponsored by Sen. Kathy Saltzman number of other measures. allow the same type of drain cover. Michel (DFL-Woodbury), grants a waiver of the S.F. 2941, authored by Chair John said the industry has made some improve- examination requirements to an applicant Marty (DFL-Roseville), modifies the ments, but has not moved as far as the applying for licensure before July 1, 2008, requirements for what constitutes a valid Taylors would wish. In addition, the bill who has been issued physical therapy prescription by requiring that the prescrip- allows for a discussion about what we, as licenses between 1980 and 1995 in at tion be based on a documented patient public policy makers, can do to improve least three other states and one or more evaluation that includes an examination. standards and safety, Michel said. The foreign countries. Saltzman said the bill Marty said the bill also describes what bill was approved and advanced to the arises from the experience of a constituent constitutes an examination and lists the Finance Committee. and that the Board of Physical Therapy drugs covered by the bill. Marty said the S.F. 2698, sponsored by Sen. Kathy suggested pursuing the bill as an excep- purpose of the bill is to get at the problem tion, rather than pursuing a bill providing of obtaining a prescription and purchasing Sheran (DFL-Mankato), provides for col- for reciprocity with other states. Several drugs through the Internet. Dan Pearson orectal cancer screening for uninsured and members said they were reluctant to described the conditions that led to his underinsured persons. Sheran said the bill son’s death from drugs obtained through sets forth the eligibility requirements and make an exception for an individual. Sen. the Internet. Cody Wiborg, Minnesota provides for Medical Assistance for indi- Yvonne Prettner Solon (DFL-Duluth) Board of Pharmacy, spoke in support of viduals who have colorectal cancer found said that the standards are in place for the measure and explained the types of through the screening. Sheran said it is a reason. Sen. Sharon Erickson Ropes drugs listed in the bill. The bill was ap- the third most common form of cancer, (DFL-Winona) said that setting policy is proved and advanced to the full Senate. but it is a preventable disease. Dr. David appropriate, but there are always occa- Marty also sponsored a bill, S.F. 2879, Perdue said up to 90 percent of colorectal sions that call for exceptions to be made. allowing a health practitioner to prescribe cancer can be prevented through early Sen. Linda Berglin (DFL-Mpls.) said that or dispense oral antibiotic drugs for the detection and treatment. Cindy Hillger, a review of policy might be in order, but sexual partner or partners of a patient who former WCCO television anchor, spoke the situation at hand deserved to be recti- has been diagnosed by the practitioner in support of the measure. She described fied. The bill was approved and sent to the with a sexually transmitted chlamydia or her experience as a survivor of the disease. Senate floor. gonorrhea infection. The bill also con- She emphasized the importance of screen- Prettner Solon sponsored a bill, S.F. tains an appropriation for grants to local ing and early detection in preventing 1018, changing provisions relating to health agencies and nonprofit organiza- colon cancer and the subsequent costs physical therapy. Prettner Solon said the tions to provide services for the detection and hardships associated with cancer goal of the bill is to improve access to and treatment of sexually transmitted treatments. The bill was approved and re- physical therapy. She said the bill extends infections. referred to the Finance Committee. the initial period of physical therapy treat-

20 ment without an order of referral from approved and re-referred to the Finance hospitals to develop staffing levels for di- a licensed health care provider from 30 Committee. rect care registered nurses. Erickson Ropes to 90 days; permits physical therapists to Sen. Tony Lourey (DFL-Kerrick) said she would not ask for a vote, but continue to treat patients with an order sponsored a bill, S.F. 3258, making that various stakeholders would continue of referral from advanced practice nurses; changes to optometrist licensing provi- working on the bill. She said the bill is specifies that the 90 day limitation does sions. Lourey said the bill does not change aimed at improving patient safety through not apply to prevention, wellness and the scope of practice for optometrists, but the implementation of staffing plans that exercise; and requires physical therapists, consolidates the licensure process from establish the maximum number of pa- who have been licensed for less than three steps to one step, deletes obsolete tients that may be assigned to a direct care a year, to practice for one year with an language and makes other administra- registered nurse. experienced physical therapist or under a tive changes. The bill was approved and physician’s order before treating a patient advanced to the full Senate. without a referral. The bill was approved S.F. 1520, sponsored by Sen. Patricia Higher Education Budget and sent to the Senate floor. Torres Ray (DFL-Mpls.), establishes regis- and Policy Division A bill requiring information on tration for naturopathic doctors. The bill the human papillomavirus (HPV) and defines naturopathic physical medicine as Omnibus policy bill started meningococcal disease to be provided including, but not limited to, the thera- The Higher Education Budget and through schools was also heard. S.F. 3005, peutic use of the physical agents of air, Policy Division, acting as a free-standing authored by Prettner Solon, also requires water, heat, cold, sound, light and elec- policy committee, heard five bills and be- distribution of information on the vac- tromagnetic nonionizing radiation and gan work on its omnibus policy bill, Tues., cines for the two diseases. The measure the physical modalities of electrotherapy, Mar. 4. The division is chaired by Sen. requires the information to be distributed diathermy, ultraviolet light, hydrotherapy Sandra Pappas (DFL-St. Paul). at the beginning of the sixth grade school massage, stretching, colon hydrotherapy, S.F. 3020 provides assistance to year. Prettner Solon said there is nothing frequency specific microcurrent, electri- help pay the college loans of new public in the bill requiring students to receive cal muscle stimulation, transcutaneous defenders carrying considerable student vaccinations. electrical nerve stimulation and therapeu- debt, said author Sen. Ron Latz (DFL- The bill supports providing education tic exercise. The bill outlines the scope of St. Louis Park). The bill provides up to to parents so that children may remain practice of naturopathic doctors and the $4,500 a year for ten years to full-time healthy and safe, said Diane Peterson, requirements for registration. and part-time employees. Recruitment in associate director, Immunization Action Dr. Carolyn Torkelson, University rural areas and retention in urban areas Coalition. Brigid Riley, executive director, of Minnesota, said she supported the are big challenges to the public defender profession, said Kevin Kajer, of the Board Minnesota Organization on Adolescent registration of naturopathic doctors of Public Defenders. Public defenders earn Pregnancy Prevention and Parenting, because many of the patients she treats modest pay compared to prosecution and said the HPV vaccine provides the best have complex medical conditions and private practice, and the majority are part- protection before young people become are seeking integrated treatments that time employees, which disqualifies them sexually active. Linda Sandvig, represent- involve both traditional medical treat- for a federal assistance program, explained ing School Nurses of Minnesota, said ment and naturopathic treatment. She Kajer. The federal program provides for- school nurses want parents to have a said she wanted to be able to refer patients giveness at the end of a ten year commit- number of types of information, but there to qualified naturopathic doctors. Torres ment to full-time employees. The bill was is a cost for school districts, which are Ray said consumers are choosing to pursue approved and re-referred to the Judiciary already experiencing difficulty because of integrated treatments and need to be able Committee. cutbacks. Prettner Solon said the costs to make educated choices. She said natur- Sen. Paul Koering (R-Fort Ripley) would not be too burdensome for districts. opathic doctors are licensed in a number sponsored S.F. 2327, which allows the The measure was approved and re-referred of other states. spouse of a veteran to qualify as a resident to the Education Committee. Opponents said the bill does not if the veteran maintained residency while Prettner Solon’s final bill of the eve- improve consumer safety, but does exclude in service. Residency status is already ning, S.F. 2968, establishes a regulation a number of well-respected practitioners granted to spouses of active military mem- system for technicians performing body of alternative health care. Sen. Linda Ber- bers, according to statute. While subse- art procedures and for body art establish- glin (DFL-Mpls.) said the other practitio- quent financial aid draws from a finite pot ments. Prettner Solon said that the tattoo ners could continue to practice, but they of money, according to division analysts, industry is one of the fasting growing in would not be listed in the registry. there is still a fiscal note of $16,000. The the nation. Tattooing is not a passing fad, Torres Ray said the language does not bill was laid over for further consideration. but in Minnesota there is no regulation limit other practitioners, nor is the intent Pappas said she was unclear whether the of tattoo technicians or tattoo establish- to limit other practitioners. She said it fiscal note would direct the bill to the ments, she said. Ryan Wells, owner of a is important to move forward in order to finance, rather than the policy, omnibus tattoo establishment, said he welcomed protect consumers. The bill was approved bill. regulation by the Dept. of Health to and re-referred to the Judiciary Commit- The TEACH scholarship program, maintain the integrity of the industry. tee. which helps child care providers earn a He said the bill requires licensing of both S.F. 2742, authored by Sen. Sharon college degree in early childhood educa- operators and establishments. The bill was Erickson Ropes (DFL-Rochester), requires tion or child development, is modified

21 Committee update

Senators Paul Koering (R-Fort Ripley) and Linda Higgins (DFL-Mpls.) intently examine documents during the Thurs., Mar. 6, floor session. Photo by David J. Oakes to provide for administrative costs by purposes. That article needs to be seen in Sen. Charles Wiger (DFL-Maple- S.F. 2846. The bill, sponsored by Pappas, the Judiciary Committee before consid- wood) sponsored a bill, S.F. 2370, estab- allows five percent of state funding to be eration for the higher education omnibus lishing a P-20 Education Partnership. used to run the program. bill, said Pappas. The ACHIEVE scholar- He said the partnership is established to The vehicle for the omnibus policy ship article was laid over for some further create a seamless system of education that bill, S.F. 2942, also sponsored by Pappas, clarification, and the remaining articles maximizes achievements of all students, removes a surplus appropriation sunset were laid over for inclusion in the omni- from early childhood through elementary, provision related to a grant program. Pap- bus policy bill. secondary and postsecondary educa- pas said it was experimental language that Finally, an amendment to the om- tion, while promoting the efficient use of has worked well. nibus policy bill was okayed, preventing financial and human resources. Wiger said S.F. 3387 is the agency bill for the community and technical colleges with a the bill builds on work done by the P-16 Office of Higher Education, carried by flat resident tuition rate on Jan. 1, 2008 Council and reflects the evolution of the Sen. Claire Robling (R-Jordan). The four from establishing a nonresident tuition group. Currently, Wiger said, the partner- articles clarify language regarding the rate. ship is made up of representatives from Minnesota Indian Scholarship Program, educational organizations, higher educa- ACHIEVE scholarships, licensing and MnSCU policy on credit clarified tion organizations, business groups and naming regulations for private institu- The Higher Education Budget and civic organizations. Under the bill, Legis- tions, and the Minnesota GI bill. The bill Policy Division, chaired by Sen. Sandra lators are added to the groups composing also authorizes the Minnesota Office of Pappas (DFL-St. Paul), met Thurs., Mar. the partnership. Higher Education and the Department 6, as a free-standing policy committee, to Susan Heegaard, Office of Higher of Education to share data for research consider two bills. Education, said the group has been

22 highly creative and quite structured even content of unsubstantiated complaints the account, under the bill. He said the though the group is fairly informal. She would be private when no disciplinary bill does not make fraud any easier, but it cautioned, though, that adding members action or penalty is imposed and the data doesn’t make it any more difficult; it sim- may lessen the creativity or politicize the is not civil investigative data. Other pro- ply recognizes modern realities. Members partnership. Pappas said adding members visions authorize the release of licensing of the committee approved the bill and could go either way, and that perhaps the data in cases where the government entity sent the measure to the Senate floor. bill adds too many Legislators. The bill determines that access will aid the law S.F. 2936, carried by Sen. Yvonne was laid over for further consideration. enforcement or investigative process, al- Prettner Solon (DFL-Duluth), modifies S.F. 3485, authored by Sen. Tar- low for the exercise of due process rights, plat requirements. The bill provides that ryl Clark (DFL-St. Cloud), provides an promote public health or safety or dispel the shore or margin of wetlands, which do exception from the 60 semester credit widespread rumor or unrest. not form a boundary of or within the plat, requirement for an associated or applied Much of the testimony centered on must be shown as a dashed line. Prettner science degree. Dave Johnson, mechani- provisions relating to removing the word Solon said the current law requires plat cal design instructor, St. Cloud Technical “pending” from the definition of civil legal monuments to be set at all angle and College, said the AAS degree is designed action and issues related to the licensing curve points on the outside boundary to make students employable and the provisions. Members laid the bill over for lines of the plat prior to recording. The course content at technical colleges was further discussion. bill requires plat monuments to be set at sufficient for the degree. Members laid the Betzold also sponsored a bill, S.F. all other block, lot, outlot, park, survey bill over. 2645, eliminating a requirement that line and witness corners within one year marriage dissolution petitions include the of recording the plat. The bill also spells Social Security numbers of the petitioner out the requirements for the appearance Judiciary and respondent. The bill was approved of registered land surveys, Prettner Solon Data practices bills heard and advanced to the full Judiciary Com- said. The bill was approved and advanced The Judiciary Subcommittee on Data mittee. to the full Senate. Practices, chaired by Sen. Mary Olson The subcommittee also heard a bill, Sen. Mary Olson (DFL-Bemidji) (DFL-Bemidji), met Tues., Mar. 4, to S.F. 3235, carried by Olson, making a sponsored a bill, S.F. 3067, providing for consider three measures relating to the number of technical changes in data prac- a waiver of the fee for business reinstate- classification of data. tices provisions. The measure eliminates ment for returning military veterans. Much of the hearing was devoted to the authorization for a fee for “compiling” Secretary of State Mark Ritchie said about discussion of a bill, S.F. 2345, making a copies, defines government agency as state 70 or 80 returning veterans get caught up number of changes to provisions govern- agencies, statewide systems and political in paperwork delays and the bill will ease ing civil investigative data and licensing subdivisions and corrects a cross-reference the burden on veterans returning from a data. Chief Author Don Betzold (DFL- in the law governing access to peace of- deployment. The bill was approved and Fridley) said the bill provides clarity in ficer records. Members also adopted an advanced to the Finance Committee. complex areas of the data practices law. amendment, offered by Betzold, providing S.F. 3085, carried by Sen. Don Bet- The bill adds new definitions of civil for sharing non-identifiable data between zold (DFL-Fridley), makes a number of investigative data and civil legal action the Dept. of Education and the Office of changes to the Uniform Probate Code. He and specifies that in order for data to be Higher Education for research purposes. said the first portion of the bill takes care classified, the chief attorney for the gov- The bill was advanced to the full Judiciary of a situation in which a current spouse ernment entity is responsible for making Committee. is omitted from a decedent’s most recent a reasonable determination that the data will executed before the marriage. The are civil investigative data. The general Uniform act modifications heard bill provides that the surviving spouse is classification for civil investigative data The Judiciary Committee, chaired by allowed to receive an amount equal to is as protected nonpublic or confidential Sen. Mee Moua (DFL-St. Paul), consid- the intestate share, whether there was no data, under the bill. However, the provi- ered modifications to two uniform acts at previous will or a will that left all of the sions allowing the data to be released are its Thurs., Mar. 6, meeting. estate to beneficiaries other than chil- expanded to include situations where the Sen. Ron Latz (DFL-St. Louis Park) dren, Betzold said. He said the measure release would aid the investigative process said S.F. 3070 updates provisions relat- also prioritizes beneficiaries to ensure the of the government entity or allow for the ing to custodial trust property. Latz said children of a decedent are paid first. The exercise of due process rights. The bill also the bill allows the use of a debit or credit bill also specifies that in situations where makes an exception to provisions clas- card to make payments from a custodial the homestead passes to a trustee of a trust sifying inactive civil investigative data as trust account. He said current law only of which the spouse or the decedent’s public, to eliminate a reference to pending allows funds to be withdrawn or checks descendants are the beneficiaries are civil legal action. to drawn against an account. “Checks are included in provisions dealing with the In addition, the bill makes a change going the way of the dinosaur, so the bill descent of the homestead. The notice to in the statute classifying licensing data to brings methods of accessing the accounts creditors and limitations on the presenta- include data that are not on individuals. into this century,” Latz said. Robert A. tion of claims provisions are also modified, The measure specifies that inactive com- McLeod, Probate and Trust Section, under the bill. plaint data is changed to inactive civil Minnesota State Bar Association, said the Sen. Linda Scheid (DFL-Brooklyn investigative data and that the nature or trustee still has fiduciary responsibility for Park) offered an amendment modify-

23 Committee update ing language relating to the Uniform S.F. 3035, sponsored by Chair Mee Several Senators expressed concern Anatomical Gift Act. Scheid said the Moua (DFL-St. Paul), prohibits the use of about the costs of the measure. Moua amendment conforms with language in non-conviction arrest records by private acknowledged that a calculation of the provisions relating to funeral directors. employers and provides private employers fiscal impact of the bill, prepared by Betzold said the amendment adds clarifi- with immunity from civil liability, in lim- Senate staff, estimates it reduces state cation to the language. Moua said she was ited situations, for negligent hiring of in- revenue by $107.6 million in the current reluctant to adopt amendments that are dividuals with conviction records. Under biennium. It is very hard to separate the also separate bills. Scheid withdrew the the bill, a private employer is immune if it policy from the fiscal concerns, Ortman amendment. follows the provisions applicable to public said. As a policy committee, we need to The bill was approved and advanced employers and reasonably determined that consider whether these fees, which are to the Senate floor. the conviction did not directly relate to not even dedicated to supporting judi- Scheid sponsored a bill, S.F. 1406, en- the job or the individual showed evidence cial institutions, are appropriate from a acting the Uniform Prudent Management of rehabilitation and fitness to perform the policy standpoint, Moua said. If there is of Institutional Funds Act. Scheid said job’s duties. an objection to the cost of the proposal, it the bill replaces a uniform act approved in This bill seeks to achieve a better bal- should come from and be addressed by the 1972. Generally, it provides guidance to ance in creating opportunities for people various finance panels, she said. charitable organizations for the manage- with arrest records to gain meaningful Representatives of public safety ment, investment and expenditures of employment, said Tom Johnson, a former organizations spoke in support of the endowment funds, Scheid said. She said president of the Council on Crime and bill. Bill Gillespie, Minnesota Police and it updates language and allows charitable Justice. Sen. Mary Olson (DFL-Bemidji) Peace Officers Association, noted that organizations to use modern investment said she had serious concerns about the many communities have sought to impose techniques. Harry Haynsworth, Briggs bill, especially the provision of civil im- lower administrative fines for traffic and Morgan, said the bill provides better munity for negligent hiring. However, offenses because the statutory fines and guidelines and standards for the invest- Sen. Julianne Ortman (R-Chanhassen) surcharges are so onerous. Our members ment and spending of funds held by chari- said the immunity provisions were appro- are observing an increase in unpaid fines table organizations. Members adopted a priate, but that she was concerned with because people cannot afford to pay their technical amendment and sent the bill to penalizing employers for accessing and fines, said Jim Franklin, representing the Minnesota Sheriffs Association and the the full Senate with a recommendation to relying on non-conviction arrest records Minnesota Police Chiefs Association. An pass. in making hiring decisions. This bill does unpaid fine turns into a warrant, which a very good job at striking a delicate bal- becomes an arrest and incarceration, he Employee background bills heard ance, said Sen. Linda Scheid (DFL-Brook- said. That quickly spirals into lost work, Members of the Judiciary Committee, lyn Park). The bill was advanced to the lost income and even a shift to public meeting in the morning of Fri., Mar. 7, Business, Industry and Jobs Committee. assistance and other county services, considered two bills relating to employers’ In other action, members also heard Franklin said. High fees and surcharges consideration of background information a bill, S.F. 2644, reducing or eliminating have social costs that are larger than the about potential employees. some criminal-justice-related fees enacted revenue they might bring in, he said. S.F. 2597, authored by Sen. Kathy to raise revenue during recent budget The measure was approved and re- Saltzman (DFL-Woodbury), addresses shortfalls. Carried by Moua, the bill ad- referred to the Transportation Committee. school district hiring decisions. The bill dresses the criminal offense surcharge, originally provided for a system where the DWI driver’s license reinstatement a licensed teacher’s record, maintained fee, a number of court fees and the public Property Tax Division online by the Board of Teaching, would defender co-pay. LGA changes considered include a notation if the teacher has been Over the last decade, there has been The Property Tax Division, chaired disciplined for engaging in sexual miscon- a sentiment that users of the justice by Rod Skoe (DFL-Clearbrook), consid- duct with a student. Because of multiple system should pay for it, Moua said. In the ered three bills, Thurs., Mar. 6, includ- concerns regarding the proposal, the criminal context, the concept means that ing a proposal for local government aid bill was laid over at a previous meeting. offenders should not only be punished, but (LGA) changes. Upon returning to consideration of the also have to reimburse the state for their S.F. 3159, sponsored by Sen. Law- bill, members adopted an amendment, proceedings, she said. In the civil context, rence Pogemiller (DFL-Mpls.), clarifies at Saltzman’s request, requiring school it means that low and moderate income language that defines whether sugar beet districts to contact the Board of Teaching Minnesotans are simply denied access to silos are subject to property taxes. Tra- to learn whether a prospective teacher has the judicial system. We have problems ditionally, all tanks and bins are consid- been disciplined for engaging in sexual with inequity and noncompliance, Moua ered production equipment rather than misconduct with a student. If the prospec- said. This bill asks us to take a real look at property, said Bob Hill of the Minnesota tive teacher has been disciplined, the the policy implications of the dramatic in- Sugar Beet Co-op. However, an ambiguity district will be given access to the public creases we have imposed, she said. A judi- in statute has recently been noticed, and data regarding the misconduct, under the ciary that is too expensive is inaccessible, three assessors in the state are now quali- bill. The measure was advanced to the full Moua said, which means justice is denied fying the shell of these silos as taxable Senate. to average Minnesotans, Moua said. property, said Hill. Assessing the value of

24 these shells is like assessing the value of The redistricting reform, S.F. 2211, would better represent changing diversity an egg shell but not the contents, he said. establishes a commission to redistrict in the city and make for better elections. Bob Vanasek, representing the Legislative and Congressional districts However, Mark Hibbs, a member Renville County Board, said that the bill after the next census. Under the bill, the of the school board, said there hasn’t would cut into the county’s tax revenue, Majority Leader of the Senate, the Minor- been enough community dialogue on the and may increase litigation. ity Leader of the Senate, the Speaker of proposal, and School Board President The committee laid over the bill for the House and the Minority Leader of the Maureen Bartolotta said proposed districts more consideration. House each appoint one retired judge, would have uneven numbers of schools to Skoe presented a bill making changes and the four judges would then choose a represent. to local government aid, S.F. 3234. Mark fifth judge. The commission would then The bill was approved and sent to the Steffenson, mayor of Maple Grove, said develop redistricting plans to be accepted floor. the proposal would reduce LGA volatil- or rejected by the Legislature. If three ity, which adversely affects local budgets. proposals are rejected by the Legislature, Hockey designated state sport The bill adjusts a floor for city revenue the Legislature could take over process, The State and Local Government need, simplifies the small city aid base, according to the bill. Operations and Oversight Committee met changes the city job base for disparity aid Pogemiller explained the nine criteria Wed., Mar. 5, to consider a variety of bills. to take into consideration the number of defined to guide the process. Criteria are Sen. Gen Olson (R-Minnetrista) said jobs versus the population, changes the similar to previous redistricting efforts and the timing for her bill, S.F. 2313, was most city formula aid to include these bases and fortuitous, because the State High School holds the aid steady for years after 2009, encompass court and federally mandated requirements, in addition to a factor of Hockey Tournament is starting. The mea- adjusting for inflation. sure designates ice hockey as the official The committee and testifiers com- political competitiveness. The criteria to follow, in order of state sport. Olson said the bill was brought mented on the challenges facing towns to her by two young people she met when and the local government aid program. priority are: nesting, equal population counts, contiguity and compactness, series they toured the Capitol last spring. Sen. Thomas Bakk (DFL-Cook) said the Brendan Broviak, a sixth grader from numbering, minority representation, pres- impact of seasonal recreation property still Minnetonka East Middle School, said he ervation of political subdivisions, commu- needs to be addressed. and a friend, Hannah Erhesman, came up nities of interest, political competitiveness Tom Goodwin, Apple Valley city with the idea for having hockey be the of- council member, said that while Apple and treatment of incumbents. ficial state sport. Broviak said Minnesota’s Valley is not requesting aid, first tier sub- Rest proposed an amendment that 10,000 lakes freeze over to become 10,000 urbs have needs equal to or greater than provides fail-safe actions in case of com- hockey rinks. Erhesman said Minnesota communities in Greater Minnesota. mission indecisiveness or lack of action. is considered the youth hockey capital Sen. Betsy Wergin (R-Princeton) The amendment was supported by Poge- of the country and that hockey develops sponsored S.F. 2082, which exempts cities miller and adopted. character. Olson said Minnesota is a very in special taxing districts with townships Carol Veldman Rudie of FairVote sport oriented state and that gliding over from levy limits. A levy limit on a city Minnesota testified that in order to create the ice on thin silver blades has become that distributes revenue to an adjoining political competition, districts should be an art form. The bill was recommended to township is unfair, said Wergin. Skoe said larger and have more than one elected pass and sent to the full Senate. that levy limits haven’t been around for official in each body. In addition, FairVote S.F. 2408, sponsored by Sen. Scott quite awhile, and that he didn’t foresee advocates ranked-choice voting, said Dibble (DFL-Mpls.), allows the city of them cropping up in the future. The bill Veldman Rudie. Minneapolis to adopt an ordinance to was laid over for possible inclusion in an The bill was recommended to pass restrict or prohibit the use of an engine omnibus bill. and sent to the Rules and Administration brake on motor vehicles on I-394 from the Committee. Penn Avenue interchange to the end of State and Local Government S.F. 457 divides the Bloomington I-394 in downtown Minneapolis. Dibble School District into four election districts, said the use of engine brakes, commonly Operations and Oversight from which one board member each must called “jake braking,” creates unaccept- be elected, in addition to three at-large able levels of noise. He said the engine Commission on legislative redis- members. The districts would be equal brakes are not used for safety, but rather tricting proposed in regard to population. A local approval to save wear on trucks’ brake systems. A A redistricting proposal authored clause allows the school district to initiate representative from the Dept. of Trans- by Sen. Lawrence Pogemiller (DFL-St. the change before 2010, after that a gen- portation said that prohibitions against Paul) was the focus of the State and Local eral election would be held to determine engine braking are not generally placed on Government Operations and Oversight participation. freeways because freeways are considered Committee, chaired by Sen. Ann Rest “This does not bring radical change,” truck routes. The measure was approved (DFL- St. Paul), Mon., Mar. 3. The panel said Larson, who said the wards would and re-referred to the Transportation also reviewed S.F. 457, sponsored by Sen. encourage community participation, but Committee. Dan Larson (DFL-Bloomington), estab- limit the power of any one area. Sen. Charles Wiger (DFL-Maple- lishing single-member school board elec- Jim Sorum of the Bloomington wood) sponsored a bill, S.F. 2370, estab- tion districts in Bloomington. School District said that the change lishing a P-20 education partnership.

25 Committee update Wiger said that a P-20 partnership brings Solon said the commissioner of adminis- the chairs of the legislative Tax Commit- together interested parties from early tration was in support of the bill. S.F. 1918 tees. Sheran said many types of bills have childhood education, K-12 education, creates the Ultra High-Speed Broadband a fiscal impact on local units of govern- secondary education, higher education, Task Force to develop recommendations ment, not just tax legislation, and it is business, and other interested parties to for the development of a comprehensive important for Legislators to understand create a seamless system of education that statewide plan designed to achieve a state the consequences of legislation on the lo- maximizes achievements of all students. ultra high-speed broadband goal that cal units of government. The measure was Members adopted an amendment ensuring the task considers appropriate. Members approved and re-referred to the Commit- that the partnership in the bill meets the adopted an amendment altering the com- tee on Taxes. guidelines established by the committee. position of the task force. Both bills were S.F. 2811 expands the Permanent The measure was approved and re-referred advanced to the Senate floor. School Fund Advisory Committee and to the Higher Education Committee. S.F. 2767, authored by Sen. Kathy redefines the mission of the advisory com- Sen. Yvonne Prettner Solon (DFL- Sheran (DFL-Mankato), changes the mittee. The bill, sponsored by Sen. Ann Duluth) sponsored two measures. S.F. requirements for requesting local impact Lynch (DFL-Rochester), also provides for 2706 provides for the development and notes. Sheran said under the bill, upon managing school trust fund lands and is application of building energy usage request of the chair or the ranking minor- aimed at improving the returns for school performance standards in state buildings. ity member of a legislative committee, the trust fund lands. Lynch said that advisory Committee Chair Ann Rest (DFL-New commissioner of finance must coordinate committee provisions were drafted to Hope) said the bill was before the com- the development of a local impact note comply with the committee’s guidelines. mittee because of a provision dealing with for proposed legislation. She said current The measure was approved and advanced the Dept. of Administration. Prettner law limits the ability to make requests to to the Environment and Natural Resourc- es Committee. S.F. 2988, authored by Sen. Rick Olseen (DFL-Harris), establishes qualifica- tions for type III school buses. Olseen said the bill was before the committee because of a provision relating to rulemaking. The bill was approved and advanced to the Transportation Committee. Sen. Kathy Saltzman (DFL-Wood- bury) sponsored a bill, S.F. 2605, provid- ing for staggered four-year terms for mem- bers of the Metropolitan Council. Saltz- man said that until 1994, members did serve staggered terms. Members adopted an amendment providing that the terms of council members from odd-numbered districts serving on the effective date of the bill end on Jan. 5, 2009 and that the governor must make new appointments for four-year terms. The measure was ap- proved and advanced to the full Senate. Two bills authored by Sen. Gary Kubly (DFL-Granite Falls) were also before the committee. One measure, S.F. 2749, creating a wind energy conversion system aggregation program, was sent to the committee in error and was advanced to the Finance Committee without discus- sion. S.F. 2756 authorizes farmers to use anhydrous ammonia tanks with a capacity of up to 5,000 gallons. Kubly said using larger tanks means that the tanks need not be refilled as often and more acres can be covered in one day. The measure was Eleven-year-old Hannah Erhesmann, a sixth grader at Minnetonka East Middle before the panel because of a provision School, explains to members of the State and Local Government Operations and Oversight Committee, Wed., Mar. 5, why ice hockey should be designated the state authorizing rulemaking. The bill was ap- proved and sent to the full Senate. sport. Photo by David J. Oakes

26 State Government Budget ment market is slow, limiting the state’s Council 5, Unit 8 and Council 5, Unit possibilities, Badgerow said. 225; State Residential Schools Education Division Other activities Badgerow discussed Association; Minnesota Government included the Small Agency Resource Engineers Council; and the Middle Man- Admin projects reviewed Team, which provides human resources agement Association. In addition, the Members of the State Government and finance services to small state agen- bill ratifies the State Board of Investment Budget Division met Mon., Mar. 3, to cies and boards; strict constraints on salary administration plan, the Commis- receive updates on a potpourri of activi- the use of state purchasing cards; the sioner of Employee Relations’ plan for ties at the Department of Administration. state’s central mail function; a statewide unrepresented employees, and the mana- Commissioner Dana Badgerow and other self advocacy network to focus on per- gerial plan approved by the Legislative agency staff provided brief overviews and sonal empowerment, leadership training, Coordinating Commission Subcommittee fielded questions from division members, systems change, disability awareness, and on Employee Relations. There are tenta- chaired by Sen. Don Betzold (DFL-Frid- public education; and the new Grants tive agreements on two other contracts, ley). Management Office, which offers training said Metzen. The Drive to Excellence initiative in making grant awards, links grant award- The bill also removes a salary cap focuses on looking at the state as an enter- ing staff across state agencies, and engages on the director of the Minnesota Zoo, prise, not as a series of disconnected silos in public outreach. but keeps language ensuring that any pay and processes, Badgerow said. She said the beyond 95 percent of the governor’s salary initiative has involved 13 projects so far, must come from non-state sources. The including adopting the Toyota Production Labor agreements okayed The State Government Budget Divi- zoo’s director is the lowest paid director System to increase process efficiency. Ap- of the top fifteen or so zoos in the nation, plying TPS principles to the Department sion, chaired by Sen. Don Betzold (DFL- Fridley), heard three bills, including a said Metzen. of Health’s process for issuing birth certifi- Robert Schroeder, deputy chief of cates, Badgerow said, reduced the process ratification of numerous labor agreements, and discussed interagency agreements, staff for the governor and Paula Brown, time from five days to less than one day. director of operations, answered questions We are preparing for the 2010 Cen- Wed., Mar. 5. The bills were approved and re-referred to the Committee on Finance. related to interagency agreements. They sus, Badgerow said, and want to be sure we S.F. 1128, sponsored by Sen. Sharon also explained a recent change requiring count every single Minnesotan, wherever Erickson Ropes (DFL-Winona), allows each agency to fund an additional ten they may be. The agency is working with an employee to use personal sick leave percent of its commissioner’s salary. federal officials to ensure Minnesota gets benefits provided by an employer for as many census takers as possible, she absences due to an illness or injury to said, and is trying to educate communi- the employee’s sibling, parent, grandpar- Taxes ties about the importance of getting an ent, or stepparent, in addition to a child accurate count. She said some projections Technical bill heard or spouse, which are currently covered The Committee on Taxes met Tues., indicate the state could be within 1,000 by law. Jennifer O’Rourke of the League residents of maintaining its Congressional Mar. 4, to discuss S.F. 2869, the Revenue of Minnesota Cities said the bill may Department’s policy and technical bill. representation or losing a seat. interfere with negotiated benefits on the She said the agency has put out a The bill, carried by Committee Chair local level and slow transitioning to paid Thomas Bakk (DFL-Cook), makes mostly request for proposals and expects competi- time-off. Some division members said they technical changes to individual income tive bids to conduct the state’s Targeted were concerned about the fiscal impact and corporate franchise tax provisions, Group Disparities Study. The statistical to the private sector. Heidi Holste of the sales and use tax provisions, special tax study is essential to justify granting up to a AARP spoke in favor of the bill, and the and fee provisions, property tax and aid six percent preference to targeted minor- Consortium for Citizens with Disabilities ity owned businesses, Badgerow said. If emphasized the growing importance of provisions and JOBZ provisions. The mea- the state is unable to show a historical caregivers in society. sure was laid over for possible inclusion in disparity in awarding contracts, it will S.F. 3088, sponsored by Sen. Rod the committee’s omnibus tax bill. be unable to sustain the preference, she Skoe (DFL-Clearbrook), appropriates $1 The committee also heard an over- said. Badgerow said the state is seeking to million in grants for Minnesota Public view of the Department of Revenue’s 2008 partner with local units of government, Radio to aid with conversion to digital Tax Expenditure Budget Report. The full but that many local units want to examine broadcast signals. The investment now report may be found at: http://www.taxes. very different data sets than the state. would take advantage of matching federal state.mn.us/legal_policy/other_support- Through sales of 51 surplus state funds, said Skoe. Jeff Nelson of MPR gave ing_content/2008_tax_expenditure.pdf properties, we have returned $14.4 mil- an overview of the conversion process. lion to the general fund, Badgerow said. S.F. 2620, sponsored by Sen. James Omnibus tax bill approved However, she said, the agency is unlikely Metzen (DFL-South St. Paul), ratifies la- The session’s first omnibus tax bill of to meet the mandate set in 2007, perhaps bor agreements between the state and the the session was approved by members of by as much as $4.7 million. A significant American Federation of State, County, the Taxes Committee, Wed., Mar. 5. The pending sale, of the remaining piece of and Municipal Employees, Council 5; panel advanced the measure, H.F. 3201, to the former Anoka Regional Treatment Minnesota Association of Professional the full Senate. Center, would bring the state much closer, Employees; American Federation of State, The bill, carried by Chair Thomas she said. However, the real estate develop- County, and Municipal Employees, Bakk (DFL-Cook), contains many provi-

27 Committee update sions from last year’s vetoed tax bill, Kathy Sheran (DFL-Mankato), extends equipped by manufacturers to have their with many items flagged by the governor Mankato’s sales and use tax for an urban lights on at all times, she said. This is not in his veto message removed. Mem- revitalization project in the city’s down- a burden, but an opportunity to increase bers adopted an amendment to the bill town. S.F. 3176, carried by Sen. Ron Latz safety, Rest said. Committee Chair Steve removing additional items the governor (DFL-St. Louis Park), removes a restric- Murphy (DFL-Red Wing) noted that indicated were objectionable, such as an tion on a TIF district in Hopkins. Under a several studies have indicated increased increase in the property tax class rates for 2003 special law, the city is not permitted safety from constant light operation and utilities’ personal property. Commissioner to use increments for activities outside the that many foreign countries have similar Ward Einess, Dept. of Revenue, said the TIF district other than to pay administra- requirements. However, Sen. Rod Skoe governor has indicated his supplemental tive expenses. (DFL-Clearbrook) observed that some budget proposal will include an alterna- vehicles only have automatic headlights, tive method of assisting host communities but not automatic taillights. Rest said she that will lose revenue under a new rev- Transportation Budget and was sympathetic to the concern and would enue rule. The amendment also removes a Policy Division work to amend the bill to acknowledge number of proposed local sales taxes from variations in automatic lighting systems. the bill. Einess said the governor was suf- UPA bill gains Sen. John Doll (DFL-Burnsville) sug- fering from tax fatigue and objected to the Members of the Transportation gested requiring all new vehicles sold after local sales taxes. Budget and Policy Division, sitting as a a set date to have a full set of automatic Sen. John Marty (DFL-Roseville) free-standing policy committee, met Tues., lights. With Rest’s agreement, the bill was offered two amendments. The first Mar. 4, to consider five bills, including a laid over for further consideration. amendment removes an extension of the measure authorizing state participation in Sen. Ron Latz (DFL-St. Louis Park) petrofund fee exemption for Northwest a federal program designed to reduce traf- authored two bills. S.F. 3189 includes Airlines. Sen. Rod Skoe (DFL-Clear- fic congestion. juveniles adjudicated for controlled sub- brook) noted the airline only gets the S.F. 3058, carried by Sen. Ann stance offenses in the category of drivers exemption if its headquarters remain in Rest (DFL-New Hope), authorizes state who must pass an examination and pay Minnesota, which is in doubt if the airline participation for I-35W in the federal gov- a $30 fee in order to have their licenses merges with another carrier. The amend- ernment’s urban partnership agreement reinstated. Latz said juveniles were inad- ment was defeated. The second amend- program. The bill provides for dynamic vertently omitted and the bill is meant to ment removes an increase in the amount shoulder lanes, which are shoulder lanes create consistency. The bill was approved of gas tax revenues attributed to ATVs. on which vehicles may be permitted to and re-referred to the Finance Commit- Increasing the ATV attribution diverts operate during certain periods. The mea- tee. S.F. 3257 prohibits the commissioner money from the highway user fund to an sure permits fees to be charged for single- of public safety from suspending a person’s ATV trail fund, Marty said. He said only occupant vehicles using dynamic shoulder driver’s license for driving after a license about 15 percent of ATV riding is on pub- lanes and high-occupancy vehicle lanes. suspension. Latz said some drivers get on lic trails, with about 15 percent on public a merry-go-round of suspensions, which Sen. Scott Dibble (DFL-Mpls.) of- roads and ditches and about 70 percent clogs the courts. Travis Schwantes, a pub- fered an amendment altering how revenue on private lands. The money should stay lic defender, said licenses are most often from the fees is allocated. Under the bill, in the highway fund, he said, to help with suspended for failing to pay fines, not for our dire transportation needs. Other uses after the first year of operation, the lesser serious offenses, like driving under the in- of gasoline, such as in lawnmowers and of $1 million or 75 percent of fee revenues fluence. The bill does not put public safety generators, do not divert funds from the are allocated to MnDOT for administra- risks back on the road, he said, because highway fund, he said. Skoe noted that tive and operating costs. The bill allo- serious offenses lead to license revocation when additional resources were provided cates an equal amount, not to exceed the or cancellation. The bill is aimed at driv- for snowmobile trails, snowmobilers used remaining revenues, to the Met Council ers who initially could not afford to pay the trails they were provided and stopped for transit improvements in the corridor. fines for minor traffic offenses, like driving riding in illicit locations. ATV riders Any remaining amount is split evenly with a broken taillight, he said. The bill will move to public trails once we have between MnDOT and the Met Council, was advanced to the Judiciary Committee. enough trails, he said, and we need more under the bill. The amendment directs S.F. 3137, authored by Sen. Don resources for trails. The amendment was the entire remaining amount, after the Betzold (DFL-Fridley), clarifies that the defeated. MnDOT allocation, to the Met Council. Met Council is responsible for operating In other action, members considered The amendment was adopted. S.F. 3058 and maintaining commuter rail lines and three additional bills and laid them over was approved and re-referred to the State that MnDOT is responsible for planning, for possible inclusion in a second omnibus and Local Government Operations and designing, constructing and equipping tax bill. S.F. 3217, authored by Sen. Dan Oversight Committee. commuter rail lines. Betzold said the Sparks (DFL-Austin), permits the city S.F. 3071, also sponsored by Rest, division makes sense, because the Met of Austin to use tax increments from a requires all vehicles on state highways to Council already operates the major transit specific TIF district to reimburse the city’s display vehicle lights at all times. Rest systems in the Metro Area, including light Housing and Redevelopment Author- said the bill would makes Minnesota rail and buses that will connect with the ity for PCA-mandated soil and debris the first state to require running lights first commuter rail line, Northstar. The disposition. S.F. 3009, sponsored by Sen. at all times. More and more vehicles are measure was advanced to the State and

28 Local Government Operations and Over- analyst said the position of Deputy Com- Frequently called numbers sight Committee. missioner was also the chief engineer, with an engineering license, from 1989-2007. Senate Chief engineer position approved Multifunctional leadership could Secretary of the Senate The Transportation Budget and come from many fields, and the bill would 231 Capitol (651) 296-2344 Policy Division, chaired by Sen. Steve limit the pool of talent that the state Voice mail/order bills (651) 296-2343 Murphy (DFL-Red Wing) heard seven could draw from, countered Leslie Vermil- Senate Index 110 Capitol (651) 296-2887 bills, Thurs., Mar. 6, including a bill lion of Scott County Public Works. Senate Information extending disability parking time windows Sen. Amy Koch (R-Buffalo) offered 231 Capitol (651) 296-0504 at parking meters, and a bill designating an amendment, which members adopted, Toll free 1-888-234-1112 a chief engineer in the Department of to allow the commissioner to appoint two Senate Committee Hotline (651) 296-8088 Transportation. The panel was sitting in deputy commissioners, one of which must Senate Sergeant at Arms its role as a free-standing policy commit- be a licensed engineer. The committee ap- G-1 Capitol/Chamber (651) 296-1119 tee. proved the bill as amended and re-referred Senate Counsel & Research G-17 Capitol (651) 296-4791 S.F. 3336, sponsored by Sen. Leo it to the State and Local Government Foley (DFL-Coon Rapids), is an agency TTY, Senate (651) 296-0250 Operations and Oversight Committee. Toll free 1-888-234-1216 bill on behalf of the Minnesota State Sen. John Doll (DFL-Burnsville), Patrol. Michelle Tuchner of the State sponsored S.F. 3372, making changes to Patrol explained that the bill prohibits House the long-term disability parking permit Chief Clerk of the House new and used car dealerships and leasers program. Margot Imdieke Cross of the 211 Capitol (651) 296-2314 from selling or leasing vehicles that do not Minnesota State Council on Disability House Index meet statutory glazing material require- said that before 2003 there were no limits 211 Capitol (651) 296-6646 ments. The bill requires that a prescrip- or costs for disabled permit holders to park House Public Information tion or statement of medical need must at parking meters. The bill would extend 175 State Office Building (651) 296-2146 Toll free 1-800-657-3550 state the minimum required reduction the window of use to four hours at 90 min- of light transmittance, and exempts the House Committee Hotline (651) 296-9283 ute, one hour and two hour meters, and rear and side windows of a police vehicle. House Sergeant at Arms provide a 50 percent discount on monthly The bill was approved and re-referred to 45 State Office Building (651) 296-4860 contract parking fees in city lots and the Commerce and Consumer Protection House Research ramps for those who park in designated 600 State Office Building (651) 296-6753 Committee. disability access spaces. The bill also pro- TTY, House (651) 296-9896 S.F. 3407, sponsored by Sen. Don Bet- vides for issuance of a special needs permit Toll free 1-800-657-3550 zold (DFL-Fridley), clarifies when driver’s to an employee with severe disability for license databases are accessible to other Joint agencies, and requires other agencies to all-day on-street parking with appropriate access. Legislative Reference Library consider that information private. Betzold 645 State Office Building (651) 296-3398 The bill was recommended to pass said confusion arose when the data tran- Revisor of Statutes sitioned from public to private data. The and re-referred to the State and Local 700 State Office Building (651) 296-2868 bill was approved and re-referred to the Government Operations and Oversight Capitol Information Desk Judiciary Committee. Committee. 1st Floor Capitol (651) 296-3962 S.F. 3316, sponsored by Sen. Kathy Sen. Ann Rest (DFL-New Hope) Capitol Historic Site Tours Sheran (DFL-Mankato), turns back trunk presented two bills to the committee. B-59 Capitol (651) 296-2881 Capitol Security highways 295 and 333 to the city of St. S.F. 3368 clarifies that employees of the B-5 Capitol (651) 296-6741 Peter. The bill was approved and sent to Department of Public Safety are not liable the floor. for mistakes or negligence in disseminat- Sen. Kathy Saltzman (DFL-Wood- ing driver or vehicle information. Rest bury) sponsored S.F. 2925, which requires said this might include clerical errors, and MyBills system available a chief engineer position be an appointed emphasized that the bill does not apply to The MyBills personalized bill tracking deputy commissioner by Minnesota any willful acts. The bill was approved and system is now available. Users can add Department of Transportation. The ap- re-referred to the Judiciary Committee. House and Senate bills to their lists by pointee must be a licensed professional S.F. 3201 updates Minnesota’s laws to bill number, subject, or author, and view engineer. David Martini, of the Min- comply with federal regulations in regard the legislative status of their bills, with nesota Society of Professional Engineers, to commercial driver’s licenses. The bill items with significant current floor action said there is no chief engineer position responds to deficiencies noted in an audit highlighted. Users can modify their lists at in MnDOT, and those with engineering of the CDL program, Rest said. The bill any time. The MyBills system is available experience are distanced from leadership was approved and re-referred to the Judi- from the Legislative website at: http:// positions in the department. A committee ciary Committee. www.house.mn/leg/billsublogin.asp

29 Senate Briefly

Page 2 Highlights

Page 4 Committee update

Family members of victims of the I-35W bridge collapse observe the Thurs., Mar. 13, Senate Floor Session from the West Gallery as Senators discuss creating a com- pensation fund. Photo by David J. Oakes

March 14, 2008 Senate Highlights Five bills passed Thurs., Mar. 13, floor session. The bill, Latz said there was not a legal rationale Senators gathered Mon., Mar. 10, to H.F. 2553, authored by Sen. Ron Latz for lifting the liability limits. Sen. Mary grant final passage to five measures on the (DFL-St. Louis Park), sets up a procedure Olson (DFL-Bemidji) said in the inter- Calendar. Bills on the Calendar have been to compensate victims of the collapse est of fairness and consistency she had to previously discussed by the full Senate, and appropriates about $26.5 million for oppose the amendment. Sen. Lawrence sitting as a Committee of the Whole, and a victim’s compensation fund. Latz said, Pogemiller (DFL-Mpls.) moved to delete granted preliminary passage. “All of our hearts go out to those who fell the language relating to the catastrophe H.F. 2590, carried by Sen. Paul with bridge, nothing we do with money being totally unforeseen. The amendment Koering (R-Fort Ripley), allows mem- will bring anyone’s life back, nor heal any- to the amendment was adopted. bers of the Emergency Medical Services one’s injuries.” He said the bill is making Pogemiller said this is a difficult ques- Regulatory Board to serve two consecu- long-term public policy, without doubt, tion, but the issue is, is it fair for someone tive terms. H.F. 3055, sponsored by Sen. and will have lasting effects. Latz said the who could take no defensive action to be Richard Cohen (DFL-St. Paul), provides collapse had a great emotional impact, but ruined for the rest of their life? He said deficiency funding for state agencies and the collapse has a standard legal context. every time we get in our car, we presume boards. S.F. 2667, authored by Sen. Linda I believe compensating the survivors and that we must drive defensively, because we Berglin (DFL-Mpls.), makes permanent a the families of the deceased is the right accept that there are certain risks. In this moratorium on radiation therapy facility thing to do, Latz said. If we believe in instance, there was no way people could construction. S.F. 2402, carried by Sen. a government of a rule of law, we need do anything to avoid what happened to to apply a non-arbitrary and consistent Ann Rest (DFL-New Hope), modifies pro- them, he said. The incident is absolutely system of civil justice, he said. visions governing the Board of Accoun- unique and it is a challenge to try to craft Latz said the bill is not the only tancy. Rest also carried a bill, S.F. 2500, language that will apply only to this in- providing for sharing of purse set-aside source of compensation, but it is a moder- cident, Pogemiller said. Olson responded and breeder’s fund revenue and allowing ate, balanced approach to dealing with that the amendment would set a new and for simulcast racing at the new horse rac- a specific incident. He said the proposal ing track in Columbus. is bipartisan and bicameral, with input different standard for liability. There are from the governor. The bill lifts the cur- many people who are injured who don’t rent $1 million per incident liability cap share any degree of fault and if we set a Brief session held new standard we may be opening the flood Senators met briefly, Tues., Mar. and makes the individual liability cap of gates, she said. 11, to facilitate the movement of bills $400,000 retroactive to Aug. 1, 2007. Un- The amendment failed on a 9-53 roll between committees as the first deadline der the bill, the fund will be administered approaches. by a three person special panel, which call vote. will make individual determinations of Sen. David Hann (R-Eden Prairie) liability levels and make settlement offers. offered an amendment to delete a provi- I-35W compensation fund gains The bill also provides that individuals sion appropriating $680,000 to Waite A bill providing an alternative com- who choose to accept the settlement must House. The appropriation is to provide pensation plan for victims of the I-35W agree not to pursue lawsuits against the services for the children, who were on bridge collapse was the centerpiece of the state, other municipalities or the Univer- the school bus when the bridge collapsed, sity of Minnesota. If individuals do not sponsored by Waite House. He said the Senate Briefly is a publication of accept the settlement offers, they may Waite House program does wonderful the Minnesota Senate Publications pursue lawsuits. things, but the money it is requesting does Office. During the regular Legislative Members adopted an amendment not get at what we are trying to do in this Session, it is produced weekly. The clarifying the right of subrogation and bill—provide direct relief to victims. Sen. publication is a service of the Minne- third party reimbursements. Sen. Scott Linda Berglin (DFL-Mpls.) said many of sota Senate. It can be made available Dibble (DFL-Mpls.) offered an amend- the children on the Waite House bus have ment lifting the individual liability cap parents who are poor, who do not have in alternative formats. and appropriating $38.57 million for insurance and who do not understand our settlement offers. He said money is a poor, legal system. Many of the children are Editor/Writer: vulgar method of providing compensation, having trouble in school or having post Karen L. Clark but it is what is used under the current traumatic stress system, Berglin said. She system. Latz said the bill is a battle be- said because the children were on the Assistant Editor/Writer: tween hearts and minds, because we must Waite House bus, the staff feels responsi- Joshua A. Dorothy be cognizant of the future. We would like ble and is struggling to help the children. to provide as much as possible, but it is “Sen. Latz has said it may take years for Writer: inevitable that another occasion will arise the cases to make their way through the Danielle Cabot and we will be faced with making equita- legal system, but children do not have ble compensation, Latz said. He also spoke years,” Berglin said. The amendment against language specifying the collapse failed. Berglin offered an amendment, Photographers: was a catastrophe that was totally unfore- which was adopted, clarifying provisions David J. Oakes seen and said the language could actually relating to the Waite House appropria- A.J. Olmscheid damage claims made by collapse victims. tions.

2 The bill was approved on a 63-0 roll the exemption is needed for a limited time also all believe in equal representation.” call vote. on a limited number of roads. The motion to refer the bill to the Educa- Three additional bills gained prelimi- S.F. 457, carried by Sen. Dan Larson tion Committee failed on a 21-40 roll nary passage on General Orders. S.F. 1918, (DFL-Bloomington), provides for the call vote. The bill was given preliminary carried by Sen. Yvonne Prettner Solon establishment of single-member school passage on a 41-21 roll call vote. (DFL-Duluth), provides for an Ultra board election districts in ISD #271, In other action, Senators granted fi- High-Speed Broadband Task Force. Prett- Bloomington. Sen. Geoff Michel (R-Ed- nal passage to several bills on the Consent ner Solon said the task force would make ina) spoke in opposition to the measure. Calendar. S.F. 3161, sponsored by Sen. recommendations on a state broadband Michel said the bill flies in the face of Kathy Sheran (DFL-Mankato), makes a goals and ways to reach the goal. She said local controls and is not supported by the change to the state highway system by re- better access to broadband Internet access Bloomington School Board. Larson said moving Legislative Route 335. S.F. 3364, is necessary to keep the state economi- there is general acknowledgement that carried by Sen. Tony Lourey (DFL-Ker- cally competitive. The bill also requires an there is a problem. He said the board is rick), changes the name of the Commis- evaluation of how broadband Internet can geographically challenged, because there sion on Deaf and Hard-of-Hearing People benefit education, health care institutions, are huge parts of the city that are not rep- to the Commission on Deaf, Deaf-Blind community based institutions and govern- resented on the board. Michel said the bill and Hard-of-Hearing Minnesotans and ment institutions. H.F. 1219, authored is putting the Legislature in an uncomfort- allows the commission to hold meetings by Sen. Betsy Wergin (R-Princeton), re- able position by having the Legislature act electronically. S.F. 3323, authored by Sen. moves a sunset date for weight exemptions as the Bloomington School Board. Michel Linda Higgins (DFL-Mpls.), changes a for milk trucks. Wergin said without the moved to send the bill to the Education provision relating to federally qualified exemption drivers are faced with either Committee. Larson said the bill is an elec- health centers. S.F. 3286, sponsored by breaking federal law or breaking state law. tion issue, not an education issue. Sen. Sen. John Doll (DFL-Burnsville), changes She said federal law requires milk haulers Linda Scheid (DFL-Brooklyn Park) spoke the information required on the form to pick up all of the milk at once, which in opposition to the motion. Scheid said, for filing a complaint with a health plan makes the trucks too heavy. Wergin said “We all believe in local control, but we company.

Second Assistant Secretary of the Senate Colleen Pacheco reads off Senators’ names at the start of the Tues., Mar. 11, floor ses- sion, becoming the first woman in Senate history to take the opening roll call. Photo by David J. Oakes

3 Committee update Agriculture and Veterans The bill was recommended to pass and Sen. Gary Kubly (DFL-Granite Falls) sent to the floor. sponsored S.F. 2750 appropriating funds to Budget and Policy Division The Minnesota Ambulance Associa- provide World War II service medallions tion receives $100,000 for implementa- to veterans that did not receive them dur- Veterans holidays considered tion of a veterans paramedic apprentice- ing a memorial ceremony last year. Jostens The Agriculture and Veterans Budget ship program under S.F. 3264, sponsored discontinued making them, said Kubly. and Policy Division, chaired by Sen. Jim by Vickerman. The program provides an The bill was approved and re-referred to Vickerman (DFL-Tracy), reviewed nine educational bridge for military-trained the Finance Committee. bills, Tues., Mar. 11, including two desig- medics to transition into civilian sector A memorial plaque honoring all vet- nating specific war veterans days, and the jobs, said Sen. Sharon Erickson Ropes erans is authorized for placement in the omnibus appropriations bill. Vickerman (DFL-Winona). The bill was recommend- court of honor on the Capitol grounds by was not present for the meeting, presided ed to pass and re-referred to the Finance S.F. 3006, sponsored by Sen. Patricia Tor- over by Sen. Rod Skoe (DFL-Clearbrook). Committee. res Ray (DFL-St. Paul). The bill was ini- A Korean War Veterans Day designa- tially intended to honor Mexican Ameri- The panel was sitting in its role as a free- tion, July 27, was also approved and sent can vets. The plaque would be furnished standing policy committee. to the floor. S.F. 3443 sponsor Sen. Paul by the AMVETS-Mexican American Post S.F. 2632, sponsored by Sen. Dan Koering (R-Fort Ripley) said that a medal 5 of St. Paul. Michael Medina, adjutant Skogen (DFL-Hewitt), designates March honoring service in the Korean War was of Post 5, said that Latino contributions 29 as Vietnam Veterans Day. The bill a meaningful and important gift for his in the military have been overlooked, states that 1,072 of the names listed on veteran uncle, symbolizing how important particularly by Hollywood. the Vietnam Memorial Wall in Washing- these things are to the people that served. Paul Mandel of the Capitol Area Ar- ton D.C. were from Minnesota, and many A veteran speaking on behalf of the bill chitectural and Planning Board said there more Minnesotans are surviving veterans. said, “It’s time.” wasn’t enough space to honor every de-

Eight-year-old Brooklyn Sanderson, a third grader at Rockford Elementary Art Magnet School, gets a hug from her mom, Heidi, as she stands in front of her award-winning entry in the 2008 Aviation Art Contest during an awards ceremony in the Capitol Photo by A.J. Olmscheid

4 mographic individually, and the amended tion of biodiesel, increases the minimum that the zones cannot contain more than bill was a good compromise. The bill was biodiesel requirement, creates a tiered 201 herds. S.F. 3728 provides require- approved by the committee. biodiesel content goal and provides for ments for cattle herds in a specific bovine S.F. 3450, sponsored by Yvonne Prett- adjustments of the biodiesel mandate. tuberculosis management zone within the ner Solon (DFL-Duluth), modifies lan- The bill also requires the commissioners ten-mile radius around the five presump- guage to allow a portion of Jay Cook State of agriculture and commerce to consult tive tuberculosis-positive deer sampled in Park to be turned into a state veterans with stakeholders who are experts in cold the 2006 hunter harvested surveillance cemetery. Prettner Solon explained it is weather biodiesel and petroleum diesel effort. The bill also appropriates money 140 miles from the area to the nearest vet- issue to make recommendations regarding to the Board of Animal Health for the eran’s cemetery with available grave sites. improvements in the production, blend- buyout of cattle herds that must be eutha- She said 14,000 veterans are anticipated ing, handling and distribution of biodiesel nized within the management zone. Skoe to die in the area in upcoming years, and blends to ensure the performance of the said it is vital to reduce the interaction of roughly a quarter of those are expected to fuels in cold weather. Members approved cattle and deer and the bill is an attempt seek burial in the new site. The site would the bill and advanced the measure to the to provide assistance in that effort. Skoe also serve northwestern Wisconsin, she Committee on Finance. offered an amendment providing for a said. The bill was approved and sent to Vickerman also sponsored a bill, S.F. study of the life cycle of bovine tubercu- the floor. 2983, authorizing administrative actions losis in pasture areas and allowing herds Erickson Ropes presented a second related to pesticide and fertilizer regula- to be moved until the areas achieves proposal, S.F. 3277, establishing a wound tion. Under the bill, the commissioner tuberculosis-free status. The amendment prevention and care formulary demonstra- may refuse to accept an application for a was adopted. S.F. 3725 was added as an tion program to be implemented in state registration, permit or license of a person amendment to S.F. 3728. The bill was veterans homes. The bill requires compre- from another state if that person had a approved and re-referred to the Finance hensive skin care including new diagnos- registration, permit or license denied or Committee. tic, prevention and treatment technolo- revoked or suspended by another state Sen. John Marty (DFL-Roseville) gies developed by a Minnesota company, or if the person has been convicted of a sponsored a bill authorizing the Dept. of and uses a pay for performance system. violation or if the person has a history of Health to review registrations and assess Robert Bittner of Advanced Healing violations or been subject to a final order the public health risks of carcinogenic and Systems, which designed the program, and imposing civil penalties. The measure was endocrine-disrupting pesticides and high- nurses that have used the program in their approved and advanced to the full Senate. potency nervous system toxins. S.F. 2055 facilities, testified about the effective- Sen. Tony Lourey (DFL-Kerrick) reflects a growing awareness of the po- ness of the program in healing advanced also authored two bills. S.F. 3326 changes tential dangers of some pesticides, Marty wounds, including burns and ulcers, and payment provisions for agricultural chemi- said. He said the bill does not change the preventing amputations. cal corrective action costs. The bill was responsibilities of the Dept. of Agricul- Committee members questioned approved and sent to the Senate floor. S.F. ture, but authorizes the Dept. of Health whether other options are available. Sen. 3327 authorizes the waiver of food handler to review the registrations also. Quinn David Hann (R-Eden Prairie) said the bill license fees under some circumstances, Cheney, Dept. of Agriculture, said the bill is a pitch from one company that should authorizes the waiver of the plan review is over reaching and duplicative. She said be subjected to a competitive bid process. fee, expedites the plan review process in pesticides are very strictly regulated and Erickson Ropes said that she will an area that has been declared a disaster the department tries to balance the dan- continue to work on language. area, and modifies provisions relating to gers of pesticides with the public benefit. The bill was approved and re-referred egg grades, weight classes and standards Marty said he would not pursue further to the Finance Committee on a divided for qualities. The bill also specifies the action on the bill, but would continue voice vote, 5-4. temperature for egg transport and sale, discussions with interested parties. Larry Shellito, adjutant general, gave provides for embargos and condemnations Members also reviewed the governor’s an update on various Minnesota troops of animals and clarifies provisions relating budget proposal in the agricultural area. throughout the world. Terry Palmer, to the employment of diseased persons. Cheney said the measure cuts $102,000 to National Guard comptroller, presented Members adopted an amendment contain- reduce Dept. of Agriculture administrative the veterans affairs supplemental budget ing the provisions of S.F. 3651. The bill, services, but makes a $472,000 appropria- requests. sponsored by Sen. Steve Dille (R-Dassel), tion to the Board of Animal Health in FY increases the maximum allowable somatic 2008 and a $2.52 million appropriation in Biodiesel bill advanced cell count for raw goat milk to 1.5 million FY 2009 for bovine tuberculosis eradica- The Agriculture and Veterans Budget cells per milliliter. The bill was approved tion efforts. and Policy Division, acting as a stand and re-referred to the Finance Committee. alone policy committee, met Thurs., Mar. Two bills relating to bovine tuber- Business, Industry and Jobs 13, to consider bills ranging from biodiesel culosis, both authored by Sen. Rod Skoe content requirements to safe food handler (DFL-Clearbrook), were also considered. Eco-business bills approved regulations. S.F. 3725 provides for the designation of Two measures designed to align the Division Chair Jim Vickerman (DFL- zones and the control of cattle, bison and state’s economic development policy Tracy) sponsored the biodiesel bill. The farmed cervidae within the zones. Mem- with its environmental initiatives were measure, S.F. 2724, modifies the defini- bers adopted an amendment specifying approved by members of the Business, In-

5 Committee update dustry and Jobs Committee at their Mon., administer and enforce the State Build- S.F. 3003, sponsored by Sen. Claire Mar. 10, meeting. ing Code. S.F. 3291, sponsored by Sen. Robling (R-Jordan), requires retail signage These bills are part of a package Thomas Bakk (DFL-Cook), was forwarded explaining a law banning fertilizer with intended to help make Minnesota a leader to the State and Local Government Op- phosphorus. A study put out after the ban in the new green economy, said Sen. Ellen erations and Oversight Committee. of phosphorus fertilizers recommended Anderson (DFL-St. Paul), by coordinat- ongoing public education, said Robling. ing economic development initiatives Fire retardant ban okayed Wholesalers of lawn fertilizer must pro- with environmental policies, such as the The Committee on Business, Industry vide the signs to each retail establishment renewable energy standard, the energy and Jobs, chaired by Sen. James Metzen offering its product for sale, under the bill. conservation requirement, the greenhouse (DFL-South St. Paul), faced a full agenda, Phosphorus fertilizer is allowed for use of gas emission reduction goals, the Clean Wed., Mar. 12. Nine bills were presented, establishing a new lawn, treating soil that Water Legacy Act, and the Biofuels 25 including a proposal barring private em- is phosphorus deficient, applied on a golf by 2025 initiative. Other elements of the ployers from using non-conviction records course by a trained person, or applied on package, contained in other bills, include farms growing sod for sale. The bill was tax benefits to attract green companies, in the hiring process. approved and recommended to pass. she said. S.F. 3158 directs Explore Minnesota S.F. 3669 requires the commissioner S.F. 3539 requires the commissioner Tourism to conduct a study of vacation of transportation to submit a report pro- of employment and economic develop- rental lodging in Minnesota. Bill sponsor posing a program to mitigate the impact ment to prioritize green economy projects Dan Skogen (DFL-Hewitt) said that non- of transportation construction projects seeking various state business develop- homestead vacation property owners that on small businesses in the state. Metzen ment, redevelopment or investment rent out their properties are ultimately said the bill is timely in light of passage grants. S.F. 3540 creates a Green Economy competing with resort owners. The study of the transportation bill that may spur Transformation Task Force to advise seeks to find whether these property own- more construction in the state. The bill and assist policymakers and to create a ers are charging similar rates and provid- is sponsored by Sen. Patricia Torres Ray statewide action plan to address how to ing similar protections such as fire code (DFL- Mpls.). transform the state economic system to and whether they should be subject to The committee briefly reviewed two respond to and benefit from state environ- local lodging taxes, said Skogen. The bill bills repealing sunsets, S.F. 3147 and S.F. mental policies. Sponsored by Anderson, was approved and sent to the floor. 2830, sponsored by Metzen and Sen. Dan both bills were approved and re-referred Sen. Mee Moua (DFL-St. Paul) said Sparks (DFL-Austin) respectively. Both to the Energy, Utilities, Technology and her bill, S.F. 3035, promotes economic bills were approved and sent to the Con- Communications Committee. opportunities for individuals with criminal sent Calendar. Anderson also carried a bill, S.F. records to obtain jobs. The bill prohibits The first repeals a sunset on funding 2818, providing for legislative involve- private employers from using non-convic- of a program providing access to news ment in the adoption and approval of tion records in hiring or licenses, a stan- services for deaf, blind and hard of hearing a regional cap and trade program for dard that public employers already meet. individuals. The services are not paid for greenhouse gas emission reductions. The The bill also establishes that employers by the general fund, and the repeal would governor has entered into an agreement may not be sued for negligent hiring of remove uncertainty in the population, with other governors, she said. “The train an individual with a criminal record if said Metzen. has left the station and is moving forward” the conviction does not directly relate S.F. 2830 repeals a sunset for a volun- on cap and trade, Anderson said. She said to the position, or if the applicant shows tary payroll card account program that is whether to adopt cap and trade is a settled evidence of sufficient rehabilitation. Tom now used as a model around the nation, question. Now it is time to debate how Boardman of 3M and the Council of according to Sparks. The sunset has been best to do this, and how to make sure it Crime and Justice supports the legislation, extended twice already said Sparks, and benefits our economy and our people, she saying it makes hiring easier for both the the program has not received a single said. The bill provides that any regional employee and the employer. complaint. cap and trade agreement is not effective in Minnesota until it is enacted into law A representative of the Minnesota S.F. 3055 makes it a little easier to and requires a study of the economic, Chamber of Commerce opposed the bill, employ reservists, said sponsor Sen. Amy environmental and public health costs saying private employers can already be Koch (R-Buffalo). The bill provides for and benefits of a cap and trade program. sued under the Human Rights Act for a no-interest small business loan if a key At Anderson’s request, members deleted using this information. In addition, the employee or owner is deployed and ac- a section of bill setting forth legislative chamber opposes language barring private ceptance of veterans into the dislocated intent and principles regarding emissions employers from requesting or obtaining workers program within 36 months of and a cap and trade program. Because access to non-conviction information if return. The bill also exempts unemploy- members ran out of time, the bill was laid an employee is arrested and can’t come to ment benefits paid from use in computing over for further consideration. work. A committee analyst said that the the future tax rate if a temp worker is laid In other action, the panel, chaired by bill would not prohibit an employer from off after a veteran’s return home. The bill Sen. James Metzen (DFL-South St. Paul), firing an employee that does not show up was approved and re-referred to the State approved a bill changing the method of for work, regardless of why. The bill was and Local Government Operations and determining whether a municipality must recommended to pass. Oversight Committee.

6 S.F. 973, sponsored by Sen. David Commerce and Consumer In other action, committee members Tomassoni (DFL-Chisholm), anticipates approved a bill requiring Explore Min- a forthcoming study group recommenda- Protection nesota Tourism to study vacation rental lodging in Minnesota. The measure, S.F. tion that the state be required to approve Foreclosure deferment bill okayed international trade agreements. The bill 3158, also requires the agency to report A measure offering distressed hom- any recommendations needed to pro- requires approval of the Legislature before eowners a one-year reprieve from fore- the state may be subject to an interna- tect consumers, ensure tax compliance, closure was approved by members of the promote safe rentals and promote tourism. tional agreement. In addition, the bill Commerce and Consumer Protection requires the Dept. of Administration to Chief Author Dan Skogen (DFL-Hewitt) Committee, Mon., Mar. 10. said the bill was motivated by concerns provide an annual report on international S.F. 3396 does not offer a permanent business relations and trade, including an over private cabin owners renting out solution to the problem, said Sen. Ellen their lake homes on a sort of gray market. analysis of the amount of public contract Anderson (DFL-St. Paul), chief author. work being performed overseas. The bill The bill was re-referred to the Business, It helps us get a handle on the wave of Industry and Jobs Committee. was approved and re-referred to the Com- foreclosures, she said, and offers time for a mittee on Finance. possible federal solution to take hold and Consumer complaint DB gains S.F. 3455, sponsored by Metzen, for bank outreach efforts to move forward. restricts scrap dealers from accepting kegs The Committee on Commerce and “This is an extraordinary approach,” Consumer Protection, chaired by Sen. from anyone except a representative of she said, for a foreclosure problem that the manufacturer or brewer. Scrap metal Linda Scheid (DFL-Brooklyn Park), is estimated to be second only to Great heard five bills Tues., Mar. 11, including salvage can be very lucrative, said Metzen, Depression-era problems. and 400,000 kegs are lost or stolen a year proposals to create a consumer complaint The bill permits homeowners who database and to ensure private insurance at great cost to small producers. Sen. obtained a mortgage from 2001 to 2007, provides the same mental health coverage Jim Carlson (DFL-Eagan) said that some if the mortgage is either subprime or a as public programs. kegs are not refillable and could not be negative amortization loan, to obtain a S.F. 3082, sponsored by Sen. Rick returned anyway, and an amendment was one-year deferment of foreclosure. The Olseen (DFL-Harris), ensures that out of approved to exempt non-refillable kegs. bill requires deferring homeowners to live state vehicle titles branded with a salvage The bill was approved and re-referred to in the home during the deferral period or prior salvage status carry that brand the Committee on Finance. and to make monthly payments toward forward on a Minnesota title. Larry Ollila S.F. 651 phases out manufacturing, the loan. The benefit to the lender is that of the Dept. of Public Safety said that cur- processing or distribution of a brominated the home is still occupied and still creat- rent law has a loophole allowing vehicles fire retardant chemical from external ing some income, Anderson said, while more than six years-old from another state casings of home electronics, textiles, homeowners benefit from having more to get a fresh title. The bill was approved and bedding. The chemical, decabro- time to try to work out a resolution to and re-referred to the Transportation minated diphenyl ethers (DECA), was their financial crisis. Committee. The attorney general is directed by determined to have health hazards in an Committee Chair Linda Scheid S.F. 3302 to create a consumer complaint MPCA review conducted in conjunc- (DFL-Brooklyn Park) spoke in support of database to provide information, includ- tion with a previous ban on two other the measure, saying this is an extraordi- ing summary data regarding complaints fire retardants in the same family, called nary time. “We certainly have a crisis,” involving purchases of consumer goods. polybrominated diphenyl ethers. Those Scheid said, with families and neighbor- Bill sponsor, Sen. Ron Latz (DFL-St. Louis two chemicals have been banned in the hoods feeling the impact of widespread Park), said he has had difficulty gathering European Union, according to bill sponsor foreclosures. Anderson said she estimates information to pursue consumer related Sen. Sandra Pappas (DFL-St. Paul). The the bill will help about 15,000 Minnesota legislation, and a database would help study also determined that alternatives are homeowners avoid foreclosure in 2008. with identifying legitimate problems that available. The bill was amended to extend Representatives of several banking need to be addressed. The bill was amend- the phase out date until 2012. groups expressed concerns about the bill. ed to include both goods and services. Laura Ruiz of the Citizens for Fire Banks are already helping people, said The Attorney General’s Office Safety and Albemarle Corp., a DECA Steve Johnson of the Minnesota Bankers expressed concerns, but he has not been, Association. Banks do not take foreclosure manufacturer, said the chemical was found Latz said. lightly, he said. Though this is billed as The bill was approved and sent to the safe in reviews by the European Union, a temporary fix, he said, other temporary Committee on the Judiciary. and some of the key alternatives have fixes have become permanent. Johnson S.F. 3214 ensures non-owner oc- not been proven to be safe. While studies also noted that the mortgage industry is cupied properties are also covered under have not proven that the chemical is not a completely local industry. Local mortgage fraud chapters. Bill sponsor, Sen. harmful, the dangers of fire and the chem- lenders rely on national and global finan- Linda Higgins (DFL-Mpls.), said the prop- icals released in a fire are well known, she cial support, he said, and Minnesota could erties were unwittingly left out of legisla- said. Pappas said that Ruiz’s testimony last suffer from being viewed as too different tion passed last year. The bill was recom- year caused confusion and prompted the by players in the secondary market. mended to pass and sent to the floor. MPCA’s review of DECA studies. The bill The bill was advanced to the Judi- Sen. John Marty (DFL-Roseville) was approved and sent to the floor. ciary Committee. sponsored a bill, S.F. 1362, mandating pri-

7 Committee update

The Capitol Rotunda comes alive with musical entertainment and enthusiastic participants during “Rochester on Tour at the Capitol,” Wed., Mar. 12. Photo by A.J. Olmscheid vate health insurance companies provide Sen. Mary Olson (DFL-Bemidji) S.F. 3467, sponsored by Scheid, the same coverage for mental health ser- said all treatment has a cost, but provid- updates miscellaneous commerce provi- vices as is required by public health care ing early care is a significant savings to sions to conform to federal regulations programs such as MinnesotaCare. This the system. In addition, she said, there and makes technical changes. The bill would ensure programs such as assertive is no sense in carving out a disease that also removes the requirement that an community treatment are available, said shouldn’t be treated any differently. individual in a long term care partner- Sue Abderholden of National Alliance Insurance representatives emphasized ship program must exhaust long term care on Mental Health. Marty said that health that they do provide mental health cover- policy benefits before qualifying for asset age and have every intention to continue insurance companies are finding that protection. including mental health coverage is not to do so. Marty responded that there is nothing The committee accepted a series as expensive as anticipated due to early of amendments. The amendments put intervention. inherently different between the popula- tions, rather, those with mental illness motor vehicle service contracts under Geoff Bartsh of Health Partners said in the commercial market where these the purview of the Dept. of Commerce, the greatest return on investment comes programs aren’t offered fall out of the allow for insuring of churches in a city of from treatment of mental health prob- commercial market and get picked up by the second class with the approval of the lems; however, the bill takes a benefit the public programs. set targeted for the Medical Assistance commissioner, make technical changes to Members of the committee noted an operations of commercial self insurance population and applies it to the general oversight that would bar private insurance population. from charging co-pays for these services, groups, and allow private employers who Mike Hickey of the National Federa- and Marty said it would not leave the left the state before 1998 to buy out their tion of Independent Business told the next committee without being amended outstanding liabilities in the self insurers’ committee to not advance the bill until to address that. The bill was approved and security fund. the costs are known. He said that the bill’s re-referred to the Health, Housing and The bill was approved and sent to the impact on premiums must be considered. Family Security Committee. floor.

8 Payday loan regulation considered Pat Cerillo, president of Cypress Re- caused by the failure of a tank or apparatus The Committee on Commerce and search Group, said Minnesota has a very that is owned by the homeowner. Other Consumer Protection, chaired by Sen. low usage rate compared to other states technical changes are made. The bill was Linda Scheid (DFL-Brooklyn Park), ex- and already has very restrictive interest approved and sent to the floor. amined the pay day lending industry and rates that may hover at the edge of oper- S.F. 3672 is the vehicle for the om- two bills to modify and regulate industry, ability. Cerillo said that while 36 percent nibus liquor bill, sponsored by Sen. Dan Tues., Mar. 11. interest rate may be a reasonable solution Skogen (DFL-Hewitt). The bill removes S.F. 2838 caps interest rates at 36 per- for repeat borrowers, some lenders have statute contradicting a law passed in 2007 cent on “payday” loans, short term loans stopped serving members of the military allowing the sale of strong beer on the that often charge extremely high fees and under the federal law. Cerillo said the fairgrounds, according to Joe Bagnoli, rates. Bill sponsor, Sen. Linda Higgins North Carolina study was a general popu- speaking on behalf of the State Fair. The (DFL-Mpls.), called the loans short-term lation survey not restricted to borrowers, bill was laid over for further additions. fixes that become long-term problems for and the percent of respondents that said Sen. David Tomassoni (DFL-Ch- repeat borrowers. they were worse off without payday loans isholm) presented three bills. S.F. 2924 A 36 percent cap for military mem- corresponds with the percent of the popu- allows the Cherry Corner Store in St. bers was passed on the federal level as lation that used the service. Cerillo said Louis County to receive a liquor license requested by the Dept. of Defense, said that she does support a repayment plan for if the county board allows it. The store Higgins. vulnerable borrowers. falls within 1,500 feet of a public school, Sen. Sandra Pappas (DFL-St. Paul) Elwood said the companies operated which would make sale of alcohol il- presented S.F. 3197, putting the loans just fine before the loophole was discov- legal. However, the school and store are under the consumer small loans statute. A ered, some companies still operate under separated by forest terrain and farm, said loophole in the law allows businesses to the statutes, and could continue to do so Tomassoni. The bill was approved and evade the loan and cap fees, said Pappas. under Pappas’ bill which would restore incorporated into S.F. 3672. The bill also prevents borrowers from regulation. S.F. 3484 allows farm wineries to falling into a cycle of debt by providing a Sen. James Metzen (DFL- South St. make and sell cognac and brandy. The payment plan option, Pappas said. Paul) said the bill may end up hurting the production of these products would be Erin Anderson of Minnesota people it’s trying to help. subtracted from the 50,000 gallon limit ACORN said the loans prey on minori- Sen. John Marty (DFL-Roseville) said for wine production, according to the bill. ties, women, military members and low that people aren’t stupid, but they may be The bill was approved and incorporated income workers. Thirteen states ban or desperate, and the testifiers who had only into S.F. 3672. cap lenders, she said. borrowed a few times were the excep- The committee took a reprieve from Anderson said that in North Caroli- tion. Pappas’ bill could crack down on the liquor to approve a name change for the na, the industry was shut down. Anderson abuses, said Marty, since some businesses Boxing Commission to the Combative said the state found that borrowers used still operate under the regulations. Sports Commission. Last year mixed better alternatives to their cash flow prob- A motion to approve S.F. 3197 failed martial arts were incorporated into the lems, such as borrowing from friends or on a 3-3 divided voice vote. A motion to jurisdiction of the boxing commission, relatives at much more reasonable rates, table the bill failed. A motion to advance and S.F. 3685 makes conforming changes. or beginning to talk with their lenders. the bill without recommendation failed. The bill expands the commission’s du- Ron Elwood of Legal Aid said since Both bills were finally laid on the table for ties, allows the commission to acquire 1999, there have been one million payday further consideration. grants, decreases the amount of insurance loans made in Minnesota, and the rates required by participants, and appropriates have exploded. Seven out of ten loans are Liquor bills okayed $80,000 from the general fund for opera- not following the statute dictating small The Committee on Commerce and tions. The bill also lowers the fees to be loans, he said. Sixty percent of borrow- Consumer Protection began work on more competitive with surrounding states, ers take 12 or more loans a year, and 90 the omnibus liquor bill, Thurs., Mar. 13. said Scott Ledoux, executive director. The percent take five or more loans a year, The panel, chaired by Sen. Linda Scheid bill was approved and re-referred to State according to studies by the Center for (DFL-Brooklyn Park), heard seven bills and Local Government Operations and Responsible Living. total, including proposed changes to mo- Oversight Committee. Brad Rixmann of Payday America tor vehicle insurance adjustments. Sen. Scott Dibble (DFL-Mpls.) said Minnesota has the lowest fees in Sen. Rod Skoe (DFL-Clearbrook) presented S.F. 3280, allowing issuance of a the country, and the business would shut presented S.F. 3061, modifying the liquor license to a property being redevel- down under proposed legislation. Three Petrofund program. The bill transfers oped into a restaurant near Loring Park in customers of Payday America testified expense recovery authority from the Pol- Minneapolis. The city must have a special against the bills, saying that the service is lution Control Agency to the Petroleum exception to issue the license because of crucial to making ends meet and bridging Tank Release Compensation Board and the property’s proximity to the Basilica of financial gaps during crises. requires the board to reimburse individu- St. Mary and St. Mark’s Episcopal Cathe- Stewart Tapper of UnLoan said that als for replacing PVC piping with metal dral. The bill was approved and incorpo- his company would not give a loan for piping at residential locations. The bill rated into S.F. 3672. an entire paycheck to make sure that the also exempts a heating oil vendor from re- S.F. 3508, sponsored by Sen. Mary loan is manageable to the customer. sponsibility for a spill if the spill was solely Olson (DFL-Bemidji), requires insurance

9 Committee update companies to use a manual or system in dition, the bill allows districts to levy for Tomassoni said this was a minimum its entirety to appraise a vehicle. The bill statutory operating debt up to $200,000 standard, and that physical activity in the also requires insurers to use industry recog- or one percent of the districts adjusted net school day also benefits learning. nized software or systems for reimbursing tax capacity, whichever is less. The levy Grace Schwab of the Minnesota auto body shops for paint and refinishing proceeds could only be used for cash flow School Board Association said that the materials. Olson said this would prevent purposes, under the bill. requirement would be one of a number of shops from charging more to the insurance S.F. 3420, sponsored by Sen. Ann requirements that reduce parent and stu- companies and customers. However, a rep- Lynch (DFL-Rochester), increases the dent choices. In addition, Schwab said the resentative for the auto body industry said reimbursement rate for half-pints of milk association would be gathering informa- the bill does not take labor or regional served to kindergarten students, but not tion on the fiscal impact at the local level. variations in cost into consideration. The as part of a school lunch or breakfast. The S.F. 2051, sponsored by Sen. John Doll (DFL-Burnsville), requires school bill was laid over for further work. rate is increased from 14 cents to 21 cents districts to report evidence of achieve- under the bill. Elaine Keefe, representing ment in all subjects not measured by a E-12 Education Budget the Minnesota School Nutrition Associa- state test, i.e. the arts, physical education tion, said that when the reimbursement and social studies. Testimony focused on Division rate for schools no longer covers the cost the value of standards for arts education. of milk, schools drop out of the program Doll said current law requires districts to Facility bond extensions proposed rather than pick up the remainder. check a box stating that arts education The E-12 Education Budget Division, Stumpf rounded out the presentations exists, but provides no opportunity for chaired by Sen. LeRoy Stumpf (DFL- with S.F. 2149. The bill extends pay- districts to evaluate strengths and weak- Plummer), considered five education ments of capital facility bonds over a 15 nesses. funding proposals, Tues., Mar. 11. All bills year term rather than the current 10 year Schwab said the reporting required were laid over for possible inclusion in the term. The proposal allows districts to save by the bill could be very challenging for omnibus education finance bill. money on lower rate bonds versus using small rural districts. S.F. 3355, sponsored by Sen. Ann 15 year lease-payment agreements with Rest (DFL-St. Paul), allows a school dis- higher rates, said Stumpf. Governor’s budget heard trict to hold a referendum on a day other Members of the E-12 Education than the general election if the district’s Standard modifications laid over Budget Division met Thurs., Mar. 13, general fund falls to three percent of oper- The E-12 Education Budget Divi- to review the governor’s supplemental ating costs. These referenda are currently sion, chaired by Sen. LeRoy Stumpf budget proposal and a measure appropri- allowed for districts that are operating (DFL-Plummer), heard two bills related ating funds for the Minnesota Learning in statutory operating debt, 2.5 percent to education standards and a brief review Resource Center. Both bills were laid over below operating costs, she said. Rest said of the appropriation tracking sheet for the for further consideration. the measure would allow schools, specifi- governor’s supplemental education budget S.F. 3631, carried by Division Chair cally the Robbinsdale school district, to recommendations, Wed., Mar. 12. Both LeRoy Stumpf (DFL-Plummer), contains do something before entering statutory bills were laid over for possible inclusion the governor’s budget recommendations. operating debt. in the omnibus education finance bill. Deputy Commissioner Chas Ander- S.F. 2834, sponsored by Sen. Julie The first bill heard, S.F. 382, requires son and other staff from the Dept. of Rosen (R-Fairmont), increases lease levy high school students to participate in one Education walked members through the authority from $100 to $150 per pupil. term of physical education as a state grad- package. The proposal focuses on teacher Twenty-one school districts in the state uation standard. Bill sponsor Sen. David quality, school leadership and innova- have lease costs over $100 a pupil, and Tomassoni (DFL-Chisholm) offered an tive learning, Anderson said. She said it only two had received approval from the amendment to remove language including adopts three strategies to increase the sup- commissioner to exceed the limit. The health education as well, a combination ply of highly effective teachers: retraining rate has been $100 for at least ten years, he said he has been unsuccessfully trying current teachers, recruiting high-quality said fiscal analyst Eric Nauman. to pass for five years. professionals from other fields, and retain- S.F. 3204, sponsored by Sen. Linda Dr. John Sirard of the University of ing the state’s most effective teachers. To Scheid (DFL-Brooklyn Park), creates a Minnesota’s epidemiology and commu- promote school leadership, the proposal new category for receiving integration aid, nity health division spoke of the growing funds the Principals’ Leadership Institute. providing $445 per pupil to districts with obesity rates in the U.S., and especially In the area of innovative learning, the 50 percent or higher protected population among children. Scientists are seeing in- bill provides for the development of an numbers, which mirrors the payments to creasing rates of diseases in children, such online teaching tool offering model online St. Paul and Minneapolis. For districts as Type 2 Diabetes, usually seen in adults, courses. between 15 and 50 percent, the rate is said Sirard. S.F. 3092, sponsored by Sen. Sandy $129 per pupil, under the bill. Scheid said The division debated whether a half Rummel (DFL-White Bear Lake), autho- the bill targets just a few first ring suburbs credit of physical education would have rizes a grant to the Minnesota Learning with comparable diversity populations to any effect on the health of students, and Resource Center to support its compre- the Twin Cities, which receive less fund- whether the requirement would place a hensive training program for education ing, namely Brooklyn Center, and possibly burden on student athletes trying to inte- professionals charged with helping chil- Richfield and Columbia Heights. In ad- grate other subjects into their schedules. dren acquire learning readiness skills.

10 Economic Development Chip Halbach, Minnesota Housing ria Carstarphen, St. Paul Public Schools. Partnership, said the organizations main- Each annual class of dropouts amounts Budget Division tain investments and value of property for to $4 billion of lost lifetime income, she future households and communities, and said, and causes significant ripple effects Extension of Rochester program increase the pool of affordable housing. throughout the economy. She noted that for legal immigrants approved The bill was approved and re-referred to some dropouts return to complete their The Economic Development Budget the State and Local Government Opera- education later in life, but it is always Division, chaired by Sen. David Tomas- tions and Oversight Committee. more expensive to provide remedial edu- soni (DFL-Chisholm), listened to four cation, she said. The bill was re-referred to bills, Mon. Mar., 10. The committee also Film grant considered the Judiciary Committee. re-referred one bill, S.F. 2772, sponsored A proposed grant to aid in the filming Members considered a number of by Sen. Scott Dibble (DFL-Mpls.), to the of a movie in Minnesota over the next additional measures. S.F. 2882, sponsored Committee on Finance without discus- two years was heard by members of the by Sen. Sandy Rummel (DFL-White sion. Economic Development Budget Division, Bear Lake), provides for the use of a S.F. 3073, sponsored by Sen. Linda Wed., Mar. 12. growth-based performance measure to Higgins (DFL-Mpls.), establishes a for- S.F. 3221, sponsored by Chair David report student achievement and school mula to determine deferred loan amounts Tomassoni (DFL-Chisholm), transfers performance. The committee had con- for a mortgage foreclosure prevention $500,000 from Explore Minnesota Tour- sidered the bill at previous meetings. program that aids homeowners hit by ism to the Minnesota Film and TV Board. Rummel offered, and members adopted, emergency financial need, but who could The board did not use all of its snowbate an amendment reflecting the results otherwise still afford their payments. Hig- money from a previous year, said Lucinda of recent negotiations with interested gins said the current payment cap, $5,500, Winter, the board’s executive director. We stakeholders and the Dept. of Education. is obsolete. The new formula would pro- are now in a position to bring a film to the We need to have multiple measures for vide 110 percent of the median monthly state, she said, and to tap the unused funds student performance, Rummel said. She owner cost multiplied by six. The bill was that were returned to the tourism agency. noted that we measure many things, such approved and re-referred to the Commit- The economic benefits of filmmaking are as the economy, using multiple indica- tee on Finance. much larger than the fiscal cost to the tors. Sen. David Hann (R-Eden Prairie) S.F. 2538, sponsored by Sen. Gary state, Tomassoni said. offered an amendment reflecting ongoing Kubly (DFL-Granite Falls), appropriates S.F. 2512, authored by Sen. Ann concerns expressed by the Dept. of Educa- $125,000 for construction of a Nassau fire Rest (DFL-New Hope), provides funding tion. This gives us something to build on, station. Kubly said the town can’t buy a to the Sesquicentennial Commission to with opportunities to modify the bill as new fire truck, because the current facility commemorate and celebrate Minnesota’s discussions continue, he said. If we need is too small. The bill was approved and re- 150th anniversary of statehood. S.F. 2922, to wordsmith the bill to accommodate the referred to the Committee on Finance. carried by Sen. James Metzen (DFL-South department, I am willing to keep working Sen. David Senjem (R-Rochester) St. Paul), appropriates $200,000 for a with the commissioner, Rummel said, but offered S.F. 3222, appropriating $75,000 grant to HIRED to operate its industry the bill needs to move forward. However, for the Rochester Lifetrack Resources sector training initiatives, which provide she said she opposed the amendment. The program. The program, which provides employee training developed in collabo- amendment was not adopted; S.F. 2882 employment assistance and support for ration with employers in specific, high- was laid over for possible inclusion in the legal immigrants and refugees, was a one- demand industries. omnibus education policy bill. time pilot in Rochester, said Senjem. A All three bills were laid over for Sen. Yvonne Prettner Solon (DFL- program manager of Lifetrack said that by possible inclusion in the panel’s omnibus Duluth) authored a bill, S.F. 3005, requir- transitioning families from state assistance supplemental budget package. ing information on meningococcal disease to sustainability, the program has saved and human papillomavirus (HPV) to be the state $209,000. The bill was recom- Education distributed to students in the sixth grade. mended to pass and re-referred to the The bill requires information about each Committee on Finance. Higher compulsory age okayed disease to include the disease’s causes and S.F. 2643, sponsored by Sen. Scott A proposal to increase the compul- symptoms, how the disease is spread, and Dibble (DFL-Mpls.), sets up a working sory school attendance age was approved where parents can obtain additional infor- group to inspect issues related to fore- by members of the Education Committee, mation about the disease and its vaccine. closures, with an emphasis on working Mon., Mar. 10. The bill was approved and re-referred to with community land trust organizations. S.F. 3574, authored by Chair Charles the Finance Committee. These organizations separate ownership Wiger (DFL-Maplewood), raises the The remaining bills were laid over for of a home from the land upon which it is compulsory attendance age from 16 to 18, possible inclusion in the omnibus policy built. The land is held in trust, and the beginning with the 2008-09 school year. bill. S.F. 3519, carried by Sen. Satveer home and full rights and responsibilities Representatives of the school districts in Chaudhary (DFL-Fridley), requires for the land may be sold to a low to mod- the state’s two largest cities spoke in sup- districts to establish standards and offer erate income family, which could then, in port of the measure. There is a significant courses in outdoor education. S.F. 3316, turn, sell the home to another affordable cost, to students and to the public at large, authored by Sen. Kathy Saltzman (DFL- housing buyer. in dropping out, said Superintendent Me- Woodbury), changes the time period for a

11 Committee update teacher to request a leave or extension of ing law, Hann said. The most important Sen. Terri Bonoff (DFL-Minnetonka) leave to teach at a charter school. Under thing boards do is supervise senior school carried two bills, S.F. 3153 and S.F. 3226, current law, teachers must provide 90 leadership, he said, but current law creates containing the recommendations of an days’ notice; the bill requires notice to be an untenable situation for charter schools. early childhood subcommittee. Both provided by Feb. 1 of the preceding school The amendment was not adopted. bills provide for the creation of an office year. Also carried by Saltzman, S.F. 3317 Sen. Rick Olseen (DFL-Harris) dedicated to coordinating early childhood addresses the ability of the commissioner offered an amendment removing a education, pre-K and child care programs of education to adopt and enforce rules requirement that schools place students’ administered by the Departments of regarding special education. S.F. 3415, assessment scores for ninth grade writing, Education and Human Services. Sen. Tom sponsored by Sen. Ann Lynch (DFL- tenth grade language arts and 11th grade Saxhaug (DFL-Grand Rapids) sponsored Rochester), allows licensed physicians and mathematics on the students’ transcripts. a bill, S.F. 3657, modifying the Online licensed psychologists to make a diagnosis Olseen said he was concerned the score Learning Option and Postsecondary En- and determination of attention deficit on a single test might not properly reflect rollment Options Acts. disorder or attention deficit hyperactivity a student’s abilities. Representatives of the Sen. Mary Olson (DFL-Bemidji) disorder for purposes of identifying a child Education Department said the point of carried a bill, S.F. 3079, containing the with a disability who is eligible for and in the provision was to encourage students to preliminary recommendations of a task need of special instruction and services. take the assessments more seriously, sim- force on integrating the contributions of ply by placing the score on the transcript. Minnesota American Indians into teacher Omnibus policy bill okayed The amendment was adopted. preparation and licensing requirements. A package of policy provisions was Sen. Michael Jungbauer (R-East Olson also carried S.F. 3525, which estab- approved by members of the Education Bethel) offered an amendment regarding lishes a task force for language immersion Committee during a marathon hearing, a section requiring schools to purchase programs for Dakota and Ojibwe language Wed., Mar. 12. S.F. 3001, carried by Chair environmentally sensitive cleaning and preservation. S.F. 2773, authored by Sen. Charles Wiger (DFL-Maplewood), was maintenance products when economically Sandra Pappas (DFL-St. Paul), provides advanced to the State and Local Govern- feasible. Jungbauer noted the proposal is for teacher training in rigorous content, ment Operations and Oversight Commit- traveling separately. Nonetheless, he said, such as Advanced Placement and Interna- tee. the language imposes tremendous costs on tional Baccalaureate programs. Members began by adopting an schools and is based on incomplete sci- S.F. 3064, carried by Sen. John Marty amendment, offered by Wiger, contain- ence. Under the amendment, the require- (DFL-Roseville), clarifies that students ing select provisions from bills heard over ment would become permissive authority. are expected to be present and partici- the course of the year and technical and The amendment was adopted. pate in school safety drills. S.F. 2741, also policy recommendations from the Dept. of Before acting on the omnibus educa- authored by Marty, modifies eligibility Education. tion policy bill, committee members standards for alternative facilities bond- Sen. Sharon Erickson Ropes (DFL- considered a number of individual bills. ing. Sen. David Hann (R-Eden Prairie) Winona) offered an amendment requir- S.F. 2835, authored by Sen. Ann Lynch presented a bill, S.F. 1945, on behalf of ing schools to distribute information (DFL-Rochester), permits school districts Sen. Julianne Ortman (R-Chanhassen). on meningococcal disease and human to begin their academic years before The measure allows charter school papillomavirus (HPV) to students. Several Labor Day in 2009 and 2010. Lynch students to participate in extracurricular Senators expressed concerns about the noted that Labor Day falls especially late activities in their resident school districts. amendment, saying it would impose a sig- on the calendar in the next two years. S.F. 3526, sponsored by Sen. Patricia Tor- nificant cost on districts and would open The bill restricts the start date to no res Ray (DFL-Mpls.), adds nutrition to the the door to sending other immunization earlier than Aug. 31, 2009, and Aug. 30, required academic standards and creates information home with students. Sen. 2010. The measure was approved and an Advisory Council on Health, Nutri- David Hann (R-Eden Prairie) offered an advanced to the Finance Committee. S.F. tion and Physical Education. amendment to the amendment reliev- 2816, sponsored by Sen. Kathy Saltzman ing private schools of the requirement; (DFL-Woodbury), requires a study of the the amendment to the amendment was possibility and ramifications of allowing Energy, Utilities, Technology adopted. The main amendment was not school districts to participate in the state and Communications adopted. employee health insurance plan. The Hann offered an amendment re- bill was advanced to the State and Local Energy bills gain moving a requirement that the majority Government Operations and Oversight The Energy, Utilities, Technology of a charter school’s board members be Committee. S.F. 3523, authored by Saltz- and Communications Committee met licensed teachers at the school. Under man, clarifies a required student policy on Tues., Mar. 11, to consider several bills the amendment, the law would simply cooperating and providing educators with relating to coordinating energy policy and permit a majority to be teachers. We information about school matters. The environmental policy. statutorily prohibit employees from serv- measure was approved and re-referred to Sen. Ellen Anderson (DFL-St. Paul) ing on the board of a traditional public the Judiciary Committee. carried two bills. S.F. 3539 provides school, presumably because of conflict The remaining bills were laid over direction to conform the state’s economic of interest concerns, he said. But in the for possible inclusion in the omnibus bill. development policies with the state’s charter school context, we have conflict- Sen. Tarryl Clark (DFL-St. Cloud) and environmental policy. The bill specifies

12 footprints. The bill was approved and re- referred to the Business, Industry and Jobs Committee. S.F. 3546 provides a property tax exemption for personal property at an electric generation facility. The measure was approved and re-referred to the Com- mittee on Taxes. S.F. 2657, authored by Sen. Dan Sko- gen (DFL-Hewitt), provides a tax credit for small wind power generator instal- lations. The bill was also approved and re-referred to the Taxes Committee. Sen. Jim Carlson (DFL-Eagan) authored a bill, S.F. 1948, memorializing the governor to take action to prepare a plan of response and preparation to meet the challenges of peak oil. Carlson said the resolution is aimed at focusing attention on the fact that world oil production is nearing its point of maximum production and will enter a prolonged period of irreversible decline. The measure was approved and advanced to the Rules and Administra- tion Committee.

Broadband inventory approved The Committee on Energy, Utilities, Technology and Communications, chaired by Sen. Yvonne Prettner Solon (DFL-Du- luth), approved four bills and laid over a solar energy mandate for further consider- ation, Thurs., Mar. 13. The chair presented three bills. S.F. Kirk Schneidawind, left, with the Minnesota School Boards Association, testifies 3520 repeals a wind easement sunset in support of a bill to allow schools to start before Labor Day in the next two years. provision passed last year. The language Also appearing before the Education Committee, Wed., Mar. 12, was Dover-Eyota needs to be reconsidered by stakeholders Superintendent Bruce Klaehn. Photo by A.J. Olmscheid with more input from real estate profes- sionals in addition to environment and that projects that advance or promote a activities, including ownership of renew- energy representatives, said Prettner green economy be added to the list of re- able energy projects. The measure also Solon. development projects the commissioner of provides for the issuance of bonds to pay The committee approved an amend- employment and economic development for construction of a renewable energy ment repealing a request for information must prioritize when determining which project and authorizes an ad valorem tax from Manitoba Hydro-Electric Board on projects receive grants. Anderson said to pay the cost of energy purchased or the economic and environmental impact the bill also requires the commissioner acquiring interest in the projects. The of the plant. A representative of the and the Jobs Skills Partnership Board to measure was approved and advanced to Cree first nation said the statute makes promote job training that complements the State and Local Government Opera- no acknowledgment of context affecting green economy business development. tions and Oversight Committee. their communities, and is a poor example The measure was approved and re-referred Sen. Michael Jungbauer (R-East of good neighbor behavior. Sen. Scott to the Committee on Finance. S.F. 3540 Bethel) sponsored two bills. S.F. 3341 pro- Dibble (DFL-Mpls.) said the language was creates a Green Economy Transforma- vides for a voluntary inventory of business a respectful request, and provides transpar- tion Task Force to analyze and plan for an energy use. Jungbauer said the bill requires ency on a source of energy for the state. economy that advances the environmen- municipalities to develop an inventory The bill was recommended to pass and tal and energy policies of the state. The form for businesses to voluntarily list their re-referred to the floor. bill was approved and re-referred to the energy use. Jungbauer said municipalities Prettner Solon’s second bill, S.F. State and Local Government Operations would make the inventory available to the 3605, modifies the duties of a Legislative and Oversight Committee. public by electronic or other means. He Electric Energy Task Force established in S.F. 3160, carried by Sen. Gary Kubly said the inventory would allow consumers 2006 to make legislative recommenda- (DFL-Granite Falls), authorizes local units to make informed decisions about support- tions. The task force’s name is changed to of government to engage in energy-related ing business that are reducing their carbon the Legislative Energy Commission. The

13 Committee update commission is directed to Satveer Chaudhary (DFL- study and recommend leg- Fridley), considered five islation relating to renew- bills, Fri., Mar. 7, spending able energy, transmission, the majority of its time dis- alternative fuels, renew- cussing the establishment able energy sources and of a new state park. economic development. S.F. 3076, sponsored The bill was recommended by Sen. Thomas Bakk to pass and re-referred to (DFL-Cook), establishes the State and Local Gov- a Lake Vermillion State ernment Operations and Park in St. Louis County, Oversight Committee. adjacent to Soudan Under- S.F. 2866, the chair’s ground Mine State Park. third bill, establishes a The county has a rare one- broadband inventory year window to purchase project, and directs the five miles of shoreline Dept. of Commerce to and 3,000 acres from U.S. produce a statewide inven- Steel, said Bakk. That year tory of existing broadband expires in July, he said. service and availability. The bill requires the The bill was approved and sale of state land to offset re-referred to the Judiciary the loss of private tax- Committee. able land in the county. Sen. Sandy Rummel The bill also offsets loss of (DFL-White Bear Lake) school trust land from the explained two bills for the sale of public parcels and committee. S.F. 2996 al- makes the park school trust lows wastewater byproducts land to generate revenue such as sludge and algae from the trust. grown in wastewater to Keith Nelson, St. be considered biomass in Louis County commis- regard to renewable energy sioner, said that while the sources. The bill does not proposed purchase price is Mychal Evans and his son, Mychal Jr., participate in a Capitol Ro- include incineration of $10-20 million, the value tunda event, Mon., Mar. 10, sponsored by the Employment Action sludge as a biofuel. The is closer to $50 million for University of Minnesota Center Young Dads Program, an organization that assists young fathers in achieving self-sufficiency. the land alone. The land is interested in research Photo by A.J. Olmscheid is potentially 30 percent turning algae into biofuel, of the property value of said Rummel; however, the The Dept. of Commerce supports the township, and the way bio-energy is currently defined, the development of solar energy, but does not county supports the provision requiring project does not qualify for certain grants. support a carve-out for technology that the property tax base to be held constant Rummel said a more standard definition is expensive and not yet cost-effective, through sale of other public land parcels, of biomass should be crafted over the said Mike Bull, assistant commissioner of said Nelson. interim. The bill was recommended to renewable energy and advanced technolo- County Commissioner Mike Fors- pass and re-referred to State and Local gies. man said that 300,000 visitors have been Government Operations and Oversight Loren Laugtug of Otter Tail Power projected to visit the park per year, and Committee. Company said his company is concerned the county would need to develop proper The second bill, S.F. 3528, requires that there are no economic criteria for sewers and other infrastructure to accom- .0125 percent of renewable electricity participation in the bill. modate them. created by utilities in 2012 to be gener- The committee laid the bill over for The process is already underway to ated by solar photovoltaic energy. Sixty further work. establish a price for the sale so the Legis- percent of that fraction must be produced lature can take action, according to Bob by the consumer on-site, such as a home Meier of the DNR. or small business, under the bill. Rummel Environment and Natural Stakeholders must consider whether said Minnesota missed the boat in produc- Resources it is wise to create another park when ex- tion of wind turbines for wind generation, isting state parks are facing maintenance and the bill would create a market for New state park debated and funding issues, said Bakk. solar industry to develop in Minnesota as The Committee on Environment The bill was approved and re-referred an up-and-coming technology. and Natural Resources, chaired by Sen. to the Finance Committee.

14 Non-residents are authorized to to Scott Williams, Chippewa zoning com- commissioner of the MPCA, said that the spear fish from darkhouses under S.F. missioner. The bill was laid over for pos- environmental assessment is still under- 3339, sponsored by Sen. Joe Gimse (R- sible inclusion in the omnibus lands bill. way, including a cumulative assessment of Willmar). Non-residents may not apply Sen. Linda Berglin (DFL-Mpls.) au- emissions in the area, an environmental for permits under current law. A repre- thored S.F. 3393 in response to a proposed assessment worksheet and possibly an sentative of the DNR suggested that the wood burning biomass plant, Midtown environmental impact study. bill would provide a modest increase in Eco Energy, to be constructed in the Min- The bill was laid over for possible in- license fees collected by the DNR. The neapolis East Phillips neighborhood. The clusion in the omnibus environment bill. bill was approved and sent to the Com- bill requires a cumulative assessment of Sen. Tom Saxhaug (DFL-Grand mittee on Finance. past and current pollution from all sources Rapids) sponsored S.F. 2651, the product S.F. 2978 states that anyone main- before granting a permit to a facility that of the forest land consolidation working taining a campfire must follow the same would emit pollution in the same geo- group held over the interim. The bill pro- precautions required of a person who graphic area. vides three more additions to a “toolbox” starts a campfire. The bill is intended to The neighborhood is already an being developed to address forest fragmen- hold small groups accountable for losing arsenic superfund site, and surrounded tation, said Saxhaug. control of a campfire they are tending, by heavy traffic and industrial pollutants, The bill establishes the Forests for the explained bill author Sen. Tom Saxhaug said Berglin, and this project would bring Future Program to protect private working (DFL-Grand Rapids). The bill was laid more pollutants that are not present in forest lands, including a revolving loan over for possible inclusion in the omnibus the atmosphere there today. Ian Grieves, fund for purchase of land to implement policy bill. occupational environmental medicine easements before reselling into the private Saxhaug also presented S.F. 2648, specialist, said that minority and economi- sector; expedition of land exchanges providing a wetland bank credit for cally disadvantaged populations should intended to aid swaps between the Boise certain state held conservation easements. not bear a disproportionate share of envi- Cascade Paper Company and the state; In counties with 80 percent or more of ronmental risk. and a $50,000 grant to fund the Forest pre-settlement wetlands, owners of wet- Testifiers from the neighborhood said Fragmentation Study. lands facing imminent development could that the health of the community’s chil- The bill was approved and re-referred receive credits for preserving the land dren is already at risk, citing high asthma to the Committee on State and Local through conservation easement, explained rates. Carol Pass of the East Phillips Government Operations and Oversight. John Jaschke of the Board of Water and Neighborhood Improvement Association, A second Saxhaug proposal, S.F. Soil Resources. The bill was laid over for J. Thomas Badheart Bull and Bill Zeigler 2976, modifies requirements for alterna- possible inclusion in the omnibus policy of the Little Earth housing complex said tive recording for state forest roads. The bill. that the Minnesota Pollution Control bill defines a state forest road map as one S.F. 3555, sponsored by Sen. Julie Agency’s (MPCA) technical support adopted by the commissioner, and ensures Rosen (R-Fairmont) allows the county of document revealing the plant’s pollu- that the map is compliant with county re- Watonwan to appoint interim county soil tion potential was not released until after corder standards. The bill also outlines an and water conservation board members to permitting was already underway. Many appeal process for property owners directly replace the entirety of the board that quit, neighborhood and environmental groups affected by a proposed map designation. leaving the board empty. The interim have taken away their support in light of The bill was laid over for possible inclu- members would fill the remainder of the the information, explained Pass. sion in the omnibus environment and staggered terms until regular elections. By Kim Havey of Kandiyohi Develop- natural resources bill. avoiding a special election, the county ment Partners, which is developing S.F. 2985, sponsored by Sen. Dan will save $15,000, said Rosen. The bill Midtown Eco Energy, said that renewable Skogen (DFL-Hewitt), is the DNR lands was approved and re-referred to the State energy projects are the future, and that bill. The bill makes technical changes, and Local Government Operations and the panel should not create hurdles for adds and subtracts recreation areas, parks Oversight Committee. renewable energy and economic develop- and forest lands, modifies a critical habitat ment in the state. Libby Henderson, the private sector matching account, provides Wood burner permitting reviewed environmental consultant engineer, said for the sale and exchange of various land The Committee on Environment and the proposed unit is state-of-the-art, and parcels, and expands the outdoor recre- Natural Resources, chaired by Sen. Sat- has the best controls possible. ation system state aquatic management veer Chaudhary (DFL-Fridley), considered Another representative of the project areas. six bills throughout the meeting Mon., said local energy production would cre- An amendment was added to des- Mar. 10, including a bill proposing looser ate more efficient distribution of energy. ignate a Northern Minnesota veteran’s requirements for ethanol plant expansion The project is considered carbon neutral cemetery in Jay Cook State Park. About requirements. and meets all current MCPA permitting 46,000 veterans live within a 75 mile S.F. 3365, sponsored by Sen. Gary standards, he said. radius of Duluth, according to Cortland Kubly (DFL-Granite Falls), transfers land Sen. Dennis Frederickson (R- New Nelson of the DNR. The amendment puts from the Department of Natural Re- Ulm) offered an amendment to allow the state in good position to receive a sources to Chippewa County. Three tax for renewal of existing permits without federal grant for the project, said Nelson, forfeited properties would be transferred the review, which was approved by the in addition to encouraging state park visi- for inclusion in a regional park, according committee. David Thornton, assistant tation. The committee also approved an

15 Committee update amendment to modify the rate of increase sion of greenhouse gases. The bill will also gling with the balance between lakeshore on a lease held by a non-profit on Gull benefit consumers because low emission owner rights and the protection of lakes. Lake. vehicles are more efficient and less costly Members approved the measure and The bill was laid over for possible to operate, he said. Sen. LeRoy Stumpf advanced the bill to the State and Local inclusion in the omnibus environment (DFL-Plummer) said there are many un- Government Operations and Oversight and natural resources bill. answered questions, particularly because Committee. S.F. 2757, sponsored by Sen. Kathy of the types of vehicles used in Minnesota. In other action, the committee Sheran (DFL-Mankato) provides that an He said he was uncomfortable adopting considered a variety of bills. S.F. 3550, environmental impact statement (EIS) is another state’s standards. “Many of these sponsored by Sen. Rod Skoe (DFL- not required for expansion on an existing environmental issues need to be worked Clearbrook), makes a number of changes permitted ethanol plant that expands by on at a much larger scale, rather than to provisions relating to wild rice. Skoe no more than 60 million gallons per year, individual states,” Stumpf said. Sen. Bill said the bill changes the name of natural uses three gallons of water or less to pro- Ingebrigtsen (R-Alexandria) said, “The wild rice to lake and river wild rice. He duce one gallon of ethanol, and is located bill is over-reaching, particularly in regard said the bill is the first step in making outside the Metropolitan Area. Peder to ethanol production in the state.” Sen. changes to protect wild rice in Minnesota. Larson, representing Heartland Corn Scott Dibble (DFL-Mpls.) moved that The bill was laid over for possible inclu- Products, said an EIS is an odd request for the bill be referred to the State and Local sion in the omnibus policy bill. Skoe also a production increase on a facility that has Government Operations and Oversight sponsored S.F. 3061. The bill streamlines been operating in compliance. The expan- Committee without recommendation. current practice relating to cost recovery sion would still trigger an environmental The motion was approved on a 6-5 roll and reimbursements from the Petrofund assessment worksheet, and the MPCA call vote. program, Skoe said. Another portion of could still request an EIS, according to a Members also discussed a bill relating the bill provides for reimbursement of up committee analyst. to the size of docks on Minnesota lakes. to $400 to replace PVC pipe with metal By requiring expanding plants across S.F. 3237, authored by Sen. Mary Olson pipes in residences that use heating oil. the state to submit an EIS, authorities and (DFL-Bemidji), requires the commissioner Skoe said some residences have PVC pipes communities can gather information on of natural resources to update rules on instead of metal pipes, which are subject greenhouse gas emissions and water deple- structures allowed in public waters and to leaks and failure. The bill was approved tion, said Jeff Broberg, a geologist. It’s a permit requirements for those structures. and advanced to the Commerce and Con- protective factor for the community and Members adopted an amendment specify- sumer Protection Committee. investors who want to identify potential ing that the rulemaking process be done at Stumpf sponsored a bill, S.F. 3428, water depletion and the sustainability of a the same time as the shoreland standards reinstating an exemption from the Wet- water supply, he said. rulemaking process. Olson said the issue land Conservation Act for an approved Myrna Halbach of the MPCA an- arose over the construction of large plat- development. Stumpf said the develop- swered questions about water depletion forms on docks. She said, historically lakes ment, near Warroad, had been exempted, policy and permitting that affects ethanol are considered public waters for everyone’s but last year exemptions were repealed. plants, in addition to the rule making use, but many people are concerned about Members laid the bill over for consider- process. the building of large “party platforms.” ation at a later time. Chaudhary said he was not comfort- She said the DNR authorized the large Members reconvened for an evening able moving the bill without further structures in a January statement. Olson hearing to consider several additional discussion, and the bill was laid over for said individuals on both sides are passion- bills. The committee also heard presenta- further discussion. ate about the issue. Lakeshore owners feel tions on Aquaculture and a Minnesota they should be able to do what they want Fishing Hall of Fame. California emissions bill okayed with their property, but others cite the Chaudhary sponsored a number of The Environment and Natural Re- public use of Minnesota lakes, she said. the bills. S.F. 3580 modifies toxic chemi- sources Committee, chaired by Sen. Sat- Dann Siems, aquatic biologist, cal release reporting requirements. Steve veer Chaudhary (DFL-Fridley), met Wed., Beltrami Soil and Water Conservation Giddings, Pollution Control Agency, said Mar. 12, to continue discussion on a bill District, said it is very important to have the bill restored thresholds to 2006 levels. requiring Minnesota to adopt California clear rules. He said the current practice The measure was laid over for inclusion in vehicle emission standards. of allowing oversize structures ignores the omnibus bill. S.F. 3690 prohibit local S.F. 481, sponsored by Sen. John the science behind preserving lakeshores. restrictions of wildlife management areas, Marty (DFL-Roseville), also provides for Siems said there is ambiguity about the creates buffer areas for development and updates to the standards as necessary to current rules. Ecological integrity and exempts certain areas from county approv- comply with the federal Clean Air Act. public accessibility are two issues that al requirements. Members heard extensive Marty offered an amendment clarifying must be considered, Siems said. Sam testimony on the issue before laying the that if the California standards expand to Stern, representing Protect Lakes, said bill over for further consideration. include other types of vehicles, Minnesota lakeshore property owners do not want S.F. 3666 establishes a walleye fishing would not follow suit. The amendment rules to deny the use and enjoyment of stamp for the purpose of increased walleye was adopted. Marty said by adopting the their own property. stocking. Chaudhary said purchasing the standards, the transportation sector will Kent Lokkesmoe, Dept. of Natural stamp, for a $5 fee, would be voluntary begin doing its part in reducing the emis- Resources, said the department is strug- under the bill. The measure was approved

16 and re-referred to the Finance Commit- fund budget for regional park grants ad- damages incurred by the victim as deter- tee. S.F. 3385 is the Dept. of Natural ministered by the Metropolitan Council is mined by the compensation panel. Resources technical bill. The measure de- reduced by $162,000 annually, under the The final substantive amendment, of- letes the word monuments from provisions proposal. fered by Sen. Linda Berglin (DFL-Mpls.), relating to state parks and state recreation provides for an appropriation of $680,000, areas, changes the name Interstate Park to Finance to be paid out over three years, for a grant Interstate State Park, clarifies the subject to allow Waite House of Minneapolis to of citizen oversight subcommittees and Bridge collapse fund gains provide comprehensive services to youth repeals obsolete provisions. Chaudhary The Finance Committee, chaired by and families of youth who were on the said the measure will be the vehicle for Sen. Richard Cohen (DFL-St. Paul), met school bus involved in the bridge collapse. the omnibus bill. Mon., Mar. 10, to consider a bill provid- Francisco Segovia, director, said Waite S.F. 3576, authored by Sen. Ann Rest ing compensation to victims of the I-35W House staff need additional support in (DFL-New Hope), establishes controls to Bridge collapse and to hear an update dealing with the psychological and emo- prevent the spread of viral hemorrhagic from representatives of the Dept. of tional harm done to the 52 young people septicemia to fish in Minnesota and sets Finance on the governor’s budget recom- and staff on the bus. He said many of the forth procedures to deal with the disease mendations. families are not familiar enough with the should Minnesota waters become con- legal process and need advocates to help taminated with the disease. The measure S.F. 2824, sponsored by Sen. Ron them navigate the compensation system. authorizes the commissioner of natural Latz (DFL-St. Louis Park), establishes a The amendment was adopted. Members resources to promulgate rules to estab- method of providing compensation for also adopted an amendment providing for lish reasonable conditions on the buying victims of the bridge collapse last August. and selling of fish that would prevent or Latz said the bill creates a special master an appropriation of $25 million for the slow the spread of certifiable diseases and panel to consider claims, make settlement compensation fund. invasive species. The bill was laid over for offers and enter into settlement agree- Members approved the bill and ad- further discussion. ments. Under the bill, the $300,000 cap vanced the measure to the full Senate. on individual tort claims is increased to In other action, the panel heard the $400,000 and made retroactive to Aug. 1, governor’s proposal for resolving the bud- Environment, Energy and 2007. In addition, the $1 million incident get shortfall. Under the February forecast, Natural Resources Budget cap is waived. Latz said that under the bill, the state faces a $938 million budget victims must file claims by Oct. 1, 2008 gap. The governor’s proposal provides for Division and that settlement offers must be made spending cuts in the current fiscal year by Apr. 1, 2009. Latz said the bill limits of $187 million for health and human Governor’s budget reviewed services, $1 million in K-12 education, $5 The governor’s supplemental budget offers to $400,000 per victim and specifies million in aids and credits, $54 million in proposal for the state’s energy and envi- that individuals who accept the settle- ronmental activities were the focus of the ment to release the state from all liability higher education, $17 million in public Tues., Mar. 11, meeting of the Environ- arising from the bridge collapse. However, safety and $78 million in other budget ment, Energy and Natural Resources Latz said victims would still be able to categories. The proposal also taps the bud- Budget Division. The panel, chaired by pursue a claim in District Court as an get reserve for $250 million, the health Sen. Ellen Anderson (DFL-St. Paul), alternative to using the settlement process care access fund surplus for $250 million heard from representatives of the agencies or accepting a settlement offer. and federal TANF funds for $92 million. within the division’s jurisdiction. Within Latz said calculations made to deter- The proposal provides for additional the general fund operations of the Com- mine the total amount needed to fund the revenue by conforming the definition of merce Department under the division’s compensation to victims were based on foreign operating corporations to raise oversight, the governor’s proposal calls for aggregated information supplied by two of $102 million, adjusting June accelerated canceling $2.6 million of a one-time grant the lead plaintiffs’ attorneys and general- payments to raise $22 million, repealing a appropriation for a renewable hydro- ized to arrive at a potential claim amount. mutual fund cap for $21 million, increas- gen initiative. For the Dept. of Natural Latz said that a figure between $19 and ing collections from tax debtors via bank Resources, the net general fund impact is $25 million should be enough to cover the matching for $10 million and raising other a $2.727 million reduction in FY 09 and a claims submitted under the bill. revenue for $3 million. The proposal also reduction of slightly more than $5 million Members adopted several amend- provides for tax reductions for benefits for in FY 10-11. The administrative operating ments. One amendment provides that if military service, a one-eighth of one per- budget of the Pollution Control Agency a victim accepts a settlement offer and cent sales tax cut, federal tax conformity is reduced by $473,000 annually, under releases the state from liability, any claim measures and SEED strategic economic the proposal. The Board of Water and made by a spouse or other family member tax cuts. New initiatives included in the Soil Resources’ budget has no net change, is extinguished. Another amendment proposal amount to $62 million in new but staff reductions and grant reductions specifies that the state may seek reim- spending. The overall change is a reduc- total $450,000 in general fund savings, bursement from, or assert subrogation tion of $939 million. The proposal also offset by a $450,000 expenditure to match rights against, a victim only to the extent makes cuts in the FY 2010-2011 budget federal funds related to last fall’s flooding that total payments received by the victim and provides for revenue increases to take in Southeastern Minnesota. The general and from third parties exceed the total care of the shortfall in the next biennium.

17 Committee update Smaller bonding proposal okayed Sen. John Marty (DFL-Roseville), met to decline the tests, and the ways in which A second package of bonding projects Fri., Mar. 7, to consider a number of bills the samples and data collected be stored was approved by members of the Finance brought forward by the Dept. of Health and used. Committee, Thurs., Mar. 13. The panel, and the Dept. of Human Services. Debate on the bill centered on the chaired by Sen. Richard Cohen (DFL-St. S.F. 3049, sponsored by Sen. Linda information provided to parents, on the Paul), advanced the proposal to the full Berglin (DFL-Mpls.), requires children’s ability of parents to opt out of the testing Senate. mental health providers to develop a plan and on the ability of the parents to request S.F. 2538, carried by Sen. Gary for and comply with requirements on the the samples be destroyed. The bill was Kubly (DFL-Granite Falls), appropriates use of restrictive procedures. The measure approved and advanced to the Judiciary $125,000 for construction of a new fire also lists the allowable procedures, which Committee. station in Nassau. At the request of Sen. include physical escort, physical holding Sen. David Hann (R-Eden Prairie), Keith Langseth (DFL-Glyndon), the and seclusion. The bill was approved and sponsored a bill, S.F. 3427, making house- panel adopted an amendment containing advanced to the full Senate. keeping changes in provisions relating to a $925 million bonding package. If you Sen. Linda Higgins (DFL-Mpls.) au- licensing requirements for speech-hearing combine the bonding bill passed by the thored two bills. S.F. 3213 makes a variety practitioners and occupational therapy Senate with the other body’s proposal, of technical changes in provisions relating practitioners. Hann offered, and members Langseth said, the total is about $1.17 bil- to health care and continuing care. The adopted, an amendment clarifying provi- lion. Just getting back into the neighbor- bill also extends the existence of the sions relating to the transportation of hu- hood of the original proposals means cut- Traumatic Brain Injury Advisory Commit- man remains. The measure was approved ting $200 million, but the governor wants tee until 2012. The measure was approved and advanced to the Senate floor. an even smaller bill, he said. Langseth and re-referred to the State and Local The final bill, S.F. 3245, authored by said the governor has indicated he wants Government Operations and Oversight Sen. Tony Lourey (DFL-Kerrick), changes a package of about $825 million. Putting Committee. S.F. 3323 changes a provision provisions for uniform billing forms and a $925 million proposal onto S.F. 2538 is for federally qualified health centers by electronic claim filing. Lourey said the intended to establish a Senate position on specifying the most recent calendar year bill clarifies language enacted last year a slightly smaller bill for conference com- be used in calculating each subsidy. The designed to reduce administrative costs. mittee purposes, Langseth said. bill was approved and recommended for The bill was approved and re-referred to Several Senators objected to the placement on the Consent Calendar. the Judiciary Committee. elimination of projects from the origi- S.F. 3166, carried by Sen. Patricia nal Senate proposal and the addition of Torres Ray (DFL-Mpls.), adopts a new Cancer risk bill heard projects from the other body’s proposal. Interstate Compact for the Placement of A bill establishing a standard or Sen. Steve Murphy (DFL-Red Wing) said Children, and regulates child and adult protection for the risk of cancer from en- there are problems with setting priorities adoptions. The bill also makes numerous vironmental carcinogens was approved at between the two bodies’ packages. The technical changes and clarifies language. the Mon., Mar. 10, afternoon meeting of conference committee is having a hard The bill was approved and re-referred to the Health, Housing and Family Security time getting everyone on the same page, the Committee Judiciary. Torres Ray also Committee. said Sen. David Tomassoni (DFL-Chish- sponsored S.F. 3170, changing Minnesota S.F. 2944, authored by Sen. Sandy olm), with the Senate at $965 million, the family investment program (MFIP) child Rummel (DFL-White Bear Lake), estab- House at $960 million and the governor care assistance provisions and making lishes a lifetime risk level so that no more at $825 million. Everyone is taking hits technical changes. The bill was approved than one out of every 1 million people on their projects, he said. “If the governor and advanced to the Finance Committee. exposed to a substance or chemical over gets his way, I don’t know if we have the Sen. John Doll (DFL-Burnsville) a lifetime would be estimated to develop cancer from known and proposal carcino- votes” to pass a bonding bill in the Sen- sponsored a bill, S.F. 3286, changing the information required for filing a complaint gens in the air, water or soil. Rummel ate, Langseth said. said that one of every two individuals will with a health plan company by delet- The committee also approved a bill, develop cancer and that it is necessary to S.F. 3564, correcting the rate of the spe- ing the Office of Health Care Consumer assess the risk of individuals developing cial fuel excise tax on compressed natural Assistance, Advocacy and Information cancer. The measure was approved and gas. This is needed to correct a drafting telephone number. The bill was approved advanced to the Finance Committee. error in the transportation bill enacted and recommended for placement on the S.F. 2055, carried by Chair John earlier this year, said Murphy, the bill’s Consent Calendar. Marty (DFL-Roseville), authorizes the author. The measure was forwarded to the S.F. 3138, sponsored by Sen. Ann Dept. of Health to review registrations full Senate. Lynch (DFL-Rochester), makes modifica- and assess the public health risks of the tions in the newborn screening program carcinogenic and endocrine-disrupting by requiring specific information to be pesticides and high-potency nervous Health, Housing and Family provided to parents. The measure speci- system toxins. Marty said the bill does not Security fies that the information explains that the diminish the role of the Dept. of Agricul- samples and results may be retained by ture, but rather adds the Dept. of Health Agency bills heard the department, the benefit of retaining to the process. The measure was approved Members of the Health, Housing and the sample, the alternatives available with and re-referred to the Agriculture and Family Security Committee, chaired by respect to the testing, including the ability Veterans Committee.

18 Sen. Yvonne Prettner Solon (DFL- is to be based on Duluth) sponsored two measures. S.F. the findings and 3262 permits hospital records to be recommendations transferred to electronic image or other set forth by the state-of-the-art electronic preservation Interpreter Services technology. In addition, the measure Work Group estab- provides that once records are transferred lished last year. The to electronic images, paper records may bill also appropri- be destroyed. Prettner Solon said allow- ates funds to es- ing the paper records to be destroyed after tablish the registry. transfer to electronic format will save Members adopted thousands of dollars in staff and storage an amendment costs. S.F. 3486 prohibits the Dept. of Hu- deleting provisions man Services from providing the names of outlining a process potential enrollees to health plans for the for refunding the purpose of marketing Medicare-approved costs incurred by special needs plans. Prettner Solon said hospitals for inter- the plans are designed to provide Medi- preter services. The cal Assistance basic health care services bill was approved to persons with disabilities. The bill also and re-referred to requires health plans to cover any costs the Finance Com- incurred by the commissioner in mailing mittee. marketing materials. The bill was ap- The commit- proved and sent to the Senate floor. tee, chaired by Sen. A bill establishing a Minnesota John Marty (DFL- Responds Medical Reserve Corps was also Roseville), heard an approved. S.F. 3135, sponsored by Sen. additional eleven Linda Higgins (DFL-Mpls.), establishes a bills on a number registry in the Dept. of Health of volun- of different topics. teer medical professionals who may be S.F. 2024, carried by deployed within or outside of the state Sen. David Senjem to aid in the response and recovery from (R-Rochester), public health emergencies that exceed requires counties to local capacity. In addition, the measure provide a six-month Mankato Riverbend High School students Shay Brady, left, provides that the volunteers are defined notice to families and Courtney Riemann unfurl rolls of signed petitions in the as state employees for purposes of work- with regard to a Capitol Rotunda, Mon., Mar. 10, as part of an event spon- ers compensation and tort claim defense. redetermination sored by the Yellow Ribbon Suicide Prevention Program of Members adopted an amendment provid- of eligibility for a Minnesota. Photo by David J. Oakes ing reciprocity with other states allowing federal program for health care volunteers to come to Minne- disabled children give oral or written instructions about the sota in response to an emergency. living at home. Senjem said the bill allows type of conveyance to be used to transport The measure was approved and re- families time to gather necessary infor- that person’s body to the place of final dis- ferred to the Judiciary Committee. mation to determine ongoing eligibility. The bill was approved and sent to the full position. Carlson said the bill arose from a situation in which a fallen firefighter could Interpreter services bill gains Senate. S.F. 3000, sponsored by Sen. Ron not be transported to the cemetery by fire The Health, Housing and Family truck. He said the measure allows the use Security Committee held an evening Latz (DFL-St. Louis Park), eliminates of a vehicle that is a dignified conveyance hearing Mon., Mar. 10, to hear a variety a prohibition on complementary and and was requested by the deceased or by of bills. One of the measures, S.F. 3423, alternative health care practitioners from presented by Sen. Patricia Torres Ray engaging in sexual relationships with the family of the deceased. The measure (DFL-Mpls.) on behalf of Sen. Mee Moua former clients for a period of two years. was approved and advanced to the Senate (DFL-St. Paul), requires the commissioner Under the bill, the two year time period is floor. Sen. Linda Scheid (DFL-Brooklyn of health to establish a registry of health eliminated. Latz said the bill arises from a Park) sponsored a bill, S.F. 2850, clarify- care interpreter services. Under the bill, situation in which a massage therapist was ing the effective date of child care absent the commissioner of health is required to investigated because she married a former day requirements. The measure was establish a statewide roster, registry and client before the two year time period had approved and re-referred to the Finance certification process for providers of high elapsed. The bill was approved and sent to Committee. S.F. 3225, authored by Sen. quality, spoken language health care inter- the Senate floor. Don Betzold (DFL-Fridley), allows the preter services. The bill provides that the Sen. Jim Carlson (DFL-Eagan) spon- state Ombudsman for Mental Health and roster, registry and certification process sored a bill, S.F. 3332, allowing a person to Developmental Disabilities to gather data

19 Committee update about deceased clients. The measure was districts to participate in the pool, which voluntary, I could support this proposal, re-referred to the Judiciary Committee. will offer six plans. The pool is to be she said, but a mandatory pool is not S.F. 3256, carried by Sen. Dan Skogen governed by a board split evenly between appropriate. Sen. David Hann (R-Eden (DFL-Hewitt), provides that day training employer and employee representatives, Prairie) said it was inappropriate to punish and habilitation programs do not need a under the bill. Betzold said the proposal school districts that have been working, separate license if part of the program is in was passed last year by both bodies of the sometimes for years, to control their pre- a separate building adjacent to the central Legislature, but vetoed by the governor. miums. Responsible districts will feel an operation or if the program is a satellite The governor’s veto message flagged immediate cost increase and no change in of an existing program. The bill was ap- several issues, Betzold said, including benefits under this proposal, he said. proved and advanced to the floor. inadequate reserves, insufficient oversight A motion to refer the bill, without Torres Ray carried two additional by the commerce commissioner and too recommendation, to the Education Com- bills. S.F. 2847 establishes a Child Care much specificity about the plans. This mittee failed on a voice vote. Before the Advisory Task Force to review and recom- bill addresses the concerns raised in the vote, Betzold said he opposed the motion mendations to the Legislature to remove veto message, he said. Insurance costs are because the bill has nothing to do with barriers facing families applying for and driving people out of education, said Tom education policy, the jurisdiction of the receiving child care assistance. The bill Dooher, president of Education Minneso- Education Committee. details the membership and duties of the ta. Insurance cost increases are canceling Sen. Betsy Wergin (R-Princeton) task force and requires a report by Jan. out salary increases and eating up resourc- offered an amendment making the pool 15, 2009. The measure was approved and es that could be directed to the classroom, voluntary. She said the amendment pro- re-referred to the State and Local Govern- he said. Lower wage school workers are tects against districts’ frequently hopping ment Operations and Oversight Commit- struggling, and this bill is a solution, said in and out of the pool based on short-term tee. S.F. 3320 alters the shelter needy pro- Kristin Beckmann, SEIU. considerations by requiring a decision to visions for Minnesota supplemental aid to This bill does not address the drivers opt in or out to be effective for five years. include persons moving out of corporate of insurance costs, said Bill Strusinski, Betzold opposed the amendment, saying foster settings. In addition, the bill makes representing the Minnesota Service Co- the pool needs to be completely manda- the shelter needy supplement amount the operatives. The proposal does not add any tory to be effective. The amendment same as the current food stamp program benefits, it just adds costs, he said. Cost failed, 4-5. amount. The bill was approved and ad- increases will not be solved by a statewide A motion to approve the bill and vanced to the Finance Committee. pool, said Grace Schwab, Minnesota re-refer it to the Finance Committee Sen. Tony Lourey (DFL-Kerrick) School Boards Association. It offers no prevailed on a voice vote. sponsored two bills dealing with foster incentive, motivation or accountability In other action, the panel considered care. S.F. 3145 extends foster care ben- for districts to implement strategies that four additional measures. S.F. 3313, spon- efits to age 21. S.F. 3146 requires foster reduce costs, she said. A statewide pool sored by Sen. Gary Kubly (DFL-Granite children for whom the Dept. of Human does protect districts against dramatic Falls), improves physician licensure stan- Services or counties have custody and price spikes, she said, but it also prevents dards based on reciprocity. Kubly said the financial responsibility be certified eligible districts from feeling the positive effects of bill is motivated by the desire of a hospital for Medical Assistance. An amendment implementing cost control measures. in Canby to attract from South Caro- was adopted requiring the children to fill Patrick Sexton, Dept. of Commerce, lina a foreign-educated physician who is out the application for assistance. Both said the bill does not address all the married to a physician already working measures were approved and re-referred to solvency and governance concerns the at the Canby hospital. Robert Salmon, the Finance Committee. Lourey also pre- department had regarding the proposal. the hospital’s CEO, noted that Canby is sented a bill, S.F. 3581, on behalf of Sen. He said the department is continuing an underserved community that will lose Kathy Sheran (DFL-Mankato), relating to discussions with proponents about how one doctor this fall and potentially lose pharmacy practice. Under the bill, phar- to structure the proposal to address the another doctor if the spouse cannot come macists may administer influenza vaccines concerns. to Minnesota. The measure was advanced to eligible individuals over 10 years of age We do not know if this will work, said to the full Senate. and all other vaccines to patients 18 years Sen. Paul Koering (R-Fort Ripley), but Two bills requiring that employee and older. The bill was approved and sent we will never know if we do not try. What pension costs at nursing facilities be treat- to the full Senate. we do know is that health care has been ed as PERA costs for Medical Assistance squeezing a lot of school districts’ budgets, reimbursement purposes were approved. School insurance pool okayed he said. Sen. Patricia Torres Ray (DFL- S.F. 2884, authored by Sen. Steve Dille A bill proposing a statewide health Mpls.) said school districts that oppose (R-Dassel), addresses nursing facilities in insurance pool for school employees was the plan because it might increase their Jackson, McLeod, Meeker and Penning- approved by members of the Health, insurance costs in the short term should ton Counties. S.F. 2470, carried by Sen. Housing and Family Security Committee, take a longer term perspective. This is Kathy Sheran (DFL-Mankato), addresses Wed., Mar. 12. The panel, chaired by Sen. meant to control health care costs for all a nursing facility in Sibley County. The John Marty (DFL-Roseville), advanced employees and for years to come, she said. nursing homes need the special legislation the bill to the Finance Committee. Some districts want to be part of a larger because the facilities recently transitioned S.F. 2747, authored by Sen. Don pool and some do not, said Sen. Ann from public ownership to private, non- Betzold (DFL-Fridley), requires all school Lynch (DFL-Rochester). If the pool was profit status, said Mary Ellen Wells, presi-

20 dent of Hutchinson Area Health Care. Several Senators objected the use retirees. Scandrett said the midlevel prac- Both bills were re-referred to the Finance of health care access fund dollars to plug titioners would be supervised by dentists Committee. a hole in the general fund. The health and dentists would delineate authorized S.F. 2873 expands consumer choice in care access fund was established with a activities in a written collaborative man- choosing adult foster care and family adult specific purpose, said Sen. Mary Olson agement agreement. day services, said Sen. Ray Vandeveer (DFL-Bemidji). The benefits that were to Lynch offered an amendment address- (R-Forest Lake), chief sponsor. The bill flow from making health care available for ing many of the concerns of the Minneso- clarifies that a separate license is not re- low income Minnesotans, she said, were ta Dental Association. Scandrett detailed quired to provide family adult day services to offset the burden of the additional rev- the compromises contained in the amend- in licensed adult foster care settings. A enue that was being raised. The governor’s ment. The amendment requires advanced representative of the Dept. of Human Ser- proposal calls for upsetting that balance dental hygiene practitioners to pass an vices raised concerns with the legislation, by substituting a general fund responsibil- independent examination separate from a saying it was poorly tailored to address ity the state already had before the health master’s degree educational program, pro- proponents’ concerns. The bill was laid care access fund was created, she said. vides for a temporary state accreditation aside for further consideration. process until a national accreditation sys- Governor’s budget discussed tem is adopted, allows non-narcotic pain Health and Human Services Members of the Health and Human medications, anti-infective therapies and Services Budget Division, chaired by Sen. preventive medications to be prescribed, Budget Division Linda Berglin (DFL-Mpls.), met Tues., allows extractions under supervisions and Mar. 12, to hear comments on the gover- deletes references to evidence-based prac- Gov’s HHS recs reviewed nor’s budget proposal. Representatives of tice. The amendment was adopted. The governor’s proposed supplemen- various advocacy groups explained the ef- Dr. Craig Amundson, HealthPartners, tal budget recommendations for the state’s fect of the proposal on their programs and spoke in support of the measure. He said health and human services programs were operations. Speakers from Legal Services the amendment also ensures external the focus of the Tues., Mar. 11, meeting of Advocacy, CareProviders of Minnesota, review of the advanced dental hygienist the Health and Human Services Budget the Minnesota Health and Housing Al- practitioner curriculum. Lynch said the Division. liance, the Sustainable Resource Center model represents more training than the Staff from the Dept. of Health and and the Affirmative Options Coalition Dept. of Human Services walked the Canadian model, but the scope of practice described the needs of groups in need of is more limited. Sharon Oswald, Greater panel, chaired by Sen. Linda Berglin services. (DFL-Mpls.), through the recommenda- Twin Cities United Way, also spoke in Members also heard an update from support of the measure and said very often tions. The proposal provides for reducing Assistant Commissioner Brian Osberg, the Dept. of Health general fund budget low-income families are unable to follow Medical Director Jeff Schiff, and Adult through with additional visits. by $2.525 million in FY 09 through a four Mental Health Director Sharon Autio, on percent operating reduction, a $500,000 Dr. Jamie Sledd, president of the the Dept. of Human Services compliance Minnesota Dental Association, said there cut in fetal alcohol syndrome prevention with various statutory provisions. grants, a $325,000 reduction in youth is no shortage of dentists in the state tobacco prevention grants, a $388,000 cut and that the actual number of practicing in lead abasement grants, and elimina- Health care reform, dental hy- dentists in the state has increased by 10 tion of the new Community-Based Health giene practitioner bills heard percent since 1998. Sledd said the bill Care Demonstration Project. The Thurs., Mar. 13, evening meeting does not provide adequate public pro- The core elements of the proposal of the Health and Human Services Budget tection. She said the bill will require a for the Dept. of Human Services involve Division focused on two bills. change of Board of Dentistry rules which refinancing general fund spending to tap S.F. 2895, sponsored by Sen. Ann is very costly and time consuming. Sledd other funds. It calls for a $250 million Lynch (DFL-Rochester), establishes an said the educational requirements are not transfer from the health care access fund advanced dental hygiene practitioner adequate, particularly when the unexpect- to the general fund in FY 09. In addition, (ADHP) level of practice. Lynch said the ed happens. Dr. Rochelle Avent-Hassen, the proposal refinances $91.518 million bill creates a midlevel dental practitioner North Point Health and Wellness Center, in FY 08-09 general fund spending with to address access to dental care. She said said the level of education and training Temporary Assistance for Needy Families the bill was recommended by the Trans- required of ADHPs is not sufficient to funds and shifts from the general fund to formation Task Force and endorsed by the prepare them for the emergencies that will the health care access fund the responsi- Health Care Access Commission as part arise. bility for paying for General Assistance of the health care reform process. Anthony DiAngelis, chief of den- Medical Care for transitional Minneso- Michael Scandrett, Safety Net Coali- tistry, Hennepin County Medical Center, taCare enrollees. Other elements of the tion, said patients are going to hospital said the bill has focused attention on a proposal include delaying by one year a emergency rooms because they do not worsening problem, but it would rend the cost of living adjustment for long-term have access to dental care. Scandrett two professions who serve a vulnerable care providers and eliminating quarterly said that over the next few years, dentists population. There is too much at stake payments for inpatient hospital admissions will be retiring, but there are not enough for the patients and the professionals under Medical Assistance. graduates of dental school to replace the involved, but the bill does not have suffi-

21 Committee update cient traction to solve the problem. We do Higher Education Budget Omnibus policy bill okayed need alternatives to no care and delayed Members of the Higher Education care, but the bill brings about divisiveness, and Policy Division Budget and Policy Division completed he said. Electricians, Milliron heard their work on an omnibus policy bill, Lynch also offered, and members Thurs., Mar. 13. S.F. 2942, sponsored by adopted, an amendment outlining the Members of the Senate Higher Education Budget and Policy Division Division Chair Sandra Pappas (DFL-St. fiscal implications of the bill. Sen. Yvonne Paul), was forwarded to the full Finance Prettner Solon (DFL-Duluth) offered an met jointly with their counterparts on the House Higher Education and Work- Committee. The measure includes a amendment that sets out timelines by number of proposals heard by the panel which steps are taken to create a mid-lev- force Development Division, Tues., Mar. 11. The panels, chaired by Sen. Sandra over the course of the session, including el practitioner. She said the amendment two bills heard at the hearing. S.F. 3485, allows the participation of all parties, Pappas (DFL-St. Paul) and Rep. Tom carried by Sen. Tarryl Clark (DFL-St. including the University of Minnesota Rukavina (DFL-Virginia), heard from Cloud), clarifies the MnSCU board Dental School, to study and plan the members of the International Brother- policy on credit requirements. S.F. 2370, educational and training requirements. hood of Electrical Workers on the number Prettner Solon said the amendment allows of unemployed electricians in Minnesota authored by Sen. Charles Wiger (DFL- for a more orderly process for setting stan- and the training of additional electricians Maplewood), creates a P-20 education dards. Lynch opposed the amendment. at various MnSCU institutions. The pan- partnership. She said the positive in the amendment els also heard from Mark David Milliron, In other action, the division consid- is that the University of Minnesota seems an author and consultant who explores ered a provision in the health care reform to agree there is a need for a mid-level leadership development and the human bill, S.F. 3099, providing additional dollars practitioner. Lynch said people have been side of technology change. for primary care education initiatives. Un- working on the issue for many, many years, so arguments that the bill moves too fast are bewildering. Scandrett said years of research in other countries has shown that the care is as good as or better as that provided by dentists and the access prob- lem is addressed. The amendment failed. The bill was approved and advanced to the full Finance Committee. Members then turned their attention to S.F. 3099, the health care reform pack- age. The bill, sponsored by Division Chair Linda Berglin (DFL-Mpls.), establishes a statewide health improvement program, establishes a public health improvement assessment on hospitals and health plans, establishes health care homes, increases continuity of care and establishes primary care education initiatives. The bill also increases affordability of health care with public health care programs, creates a health insurance exchange, establishes Section 125 plans, restructures the health care payment system and establishes a savings recapture assessment. Berglin and co-authors explained the bill and then members heard proponent and opponent testimony on the bill. The bill was laid over for further discussion and testimony at the next hearing. At the panel’s Fri., Mar. 14, meeting, S.F. 3099 was advanced to the full Finance Committee. Earlier in the day, Thurs., Mar. 13, the morning portion of the hearing fo- cused on hearing public testimony on the Along with offering his insights into dealing with the current budget deficit, former governor’s budget proposal for health and Gov. Arne Carlson pleads with members of the Health and Human Services Budget human services programs. Division on Thurs., Mar. 13, to maintain funding of a fetal alcohol syndrome treat- ment program started by his wife, Susan. Photo by David J. Oakes

22 der the bill, authored by Sen. Linda Ber- majority for minors and six years from the language. Connolly opposed it, arguing glin (DFL-Mpls.), the additional money time of the assault for adults. The bill as that it reaches too far back in time. Sen. is from the health savings reinvestment introduced provides six years from age of Julianne Ortman (R-Chanhassen) said it fund. The bill was approved and sent to majority or from the time a minor victim would damage closure for victims on past the full Finance Committee for re-referral fully comprehends the link between injury cases and burden the system. The lan- to the Health and Human Services Budget and the sexual abuse, which would be guage providing a window was not carried Division. determined by a jury. over to the amended bill. In its role as a free-standing policy Sen. Mary Olson (DFL-Bemidji) of- Betzold said that the current statute is committee, the panel advanced one bill fered an amendment removing any statute sufficient, and made a motion to table the without recommendation to the Judiciary of limitations on bringing action against bill, which did not prevail. Committee. S.F. 3623, authored by Sen. a perpetrator. Action against a person The bill was recommended to pass David Hann (R-Eden Prairie), provides who negligently permitted sexual abuse and re-referred to the Senate floor. for the disclosure of higher education data to occur to an adult must be commenced relating to crimes of violence and certain within six years of the abuse, and action Insurer good faith bills heard sexual offenses, as permitted by federal against a person who negligently permit- Two bills relating to insurers’ prac- law. The bill also permits the disclosure ted sexual abuse to occur to a minor must tices in denying claims were the principal to parents of educational data regarding a be commenced before the victim reaches focus of the Tues., Mar. 11, meeting of the student’s violation of alcohol or drug use 35, under the amendment’s language, Judiciary Committee. or possession policies and laws. which was adopted. S.F. 2822 establishes a remedy for Ted Thompson, of the National insureds if insurance companies do not act Judiciary Association to Prevent Sexual Abuse of in good faith, said Sen. Tarryl Clark (DFL- Children, spoke in favor of the Olson St. Cloud), chief author. By and large, Sexual abuse data privacy and amendment, saying it was a preventative our insurers act in good faith, she said, measure for perpetrators that continue to but insurance is one area of law where we statute of limitations heard be a threat their entire lives. The panel The Committee on Judiciary re- lack a deterrent against not acting in good also heard testimony from the mother faith. Clark reviewed the key elements viewed the health care exchange proposal of a victim and victims of sexual abuse, and a bill to modify the statute of limita- of the bill, which include a limitation to who explained how long it took to come first-party claims, placement of the burden tions for civil actions for injury based on forward with the abuse. sexual abuse, Fri., Mar. 7. for showing a lack of good faith on the The bill would make it nearly impos- insured, and a two-part test for finding if Chair Mee Moua (DFL-St. Paul) sible for a licensed childcare provider to directed the committee to focus on provi- an insurer has acted without good faith. defend itself after years of staffing changes sions relevant to the committee in regard The bill also limits an insured’s recovery and spotty record keeping, said Valarie to the health care exchange bill, S.F. to economic damages. Under the bill, Dosland of the Minnesota Child Care 3099, sponsored by Sen. Linda Berglin attorney fees are available, but only at the Association. (DFL-Mpls.). Generally, the exchange judge’s discretion and subject to specific would centralize information on insurance Dan Connolly spoke on behalf of the factors. We recognized early on that get- products for consumers, and coordinate Religious Council, and said the best pre- ting consensus was not going to happen, information and treatment. Members ventative measure and recourse is quick Clark said, but we set a goal of getting scrutinized language affecting data privacy reporting of abuse, and the bill would cre- somewhere that almost everyone could and information sharing, such as a provi- ate a disincentive for that. Connolly said live with the proposal. Wil Fluegel, a sion for collection of body mass index data that vicarious liability for organizations member of the Minnesota Association for on children. For that particular section, would become a problem without any Justice, also walked committee members Moua noted that the language requires statute of limitations. through the detailed provisions of the bill use of existing youth monitoring systems, A representative of Education Min- and fielded questions. which already take measures for anonym- nesota said the union has questions about Representatives of the insurance ity. how the Olson amendment would affect industry and the civil defense bar spoke Most of the data collection and school districts, which may have to pay against the bill. We support having some reporting provisions use aggregate or sum- penalties for negligence out of school law on good faith, but not this bill, said mary information, rather than identifiable budgets. Bob Johnson of the Insurance Federation individual data, said Berglin. In response to these concerns, an of Minnesota. Consumers need a remedy The bill was approved and re-referred amendment to ensure the modifications for the limited, alleged instances of bad to the State and Local Government Op- are not applicable to vicarious liability or conduct by property-casualty insurers, erations and Oversight Committee. respondeat superior claims was accepted he said, but the bill is ambiguous and S.F. 1096, sponsored by Sen. Gary by the committee. unsound. Dale Thornsjo, an attorney with Kubly (DFL-Granite Falls), modifies when The issue of a window for claims that Johnson & Condon, said the bill creates the statute of limitations for civil action have been time barred since 1992 was a trial within a trial. Parties will have begins after injuries caused by sexual as- also debated. A NAPSAC representa- to argue whether there was good faith, sault. tive spoke in favor of a window as did Thornsjo said, which will trump argu- Current law allows a six year stat- Kubly, who included a two year window ments about whether or not there was ute of limitations starting at the age of for revisiting those claims in his original coverage and if so, how much. He said

23 Committee update Florida adopted a similar law and consum- keep both ideas alive and part of the to a surrogacy agreement. Steven Snyder, ers suffered serious premium increases discussion, she said. representing the American Bar Associa- and a reduction in the number of insurers A motion to advance the bill to the tion and the Minnesota Bar Association, writing policies. full Senate failed, 4-5. outlined the provisions of the bill. Snyder There is no evidence that this legisla- In other action, committee members said the state is already on record as sup- tion is needed, said Sen. Linda Scheid advanced five additional bills to the full porting assisted reproduction through (DFL-Brooklyn Park). Consumers are not Senate. S.F. 2533, sponsored by Sen. sperm donation. However, Snyder said beating down our doors for this bill, she Ann Rest (DFL-New Hope), amends the because of technological advances it said. This is a solution looking a problem, definition of “gambling device” in the is now possible to assist reproduction Scheid said. criminal code to clarify that an object through egg or embryo donations. He The bill was advanced to the full is a gambling device whether or not it said the use of surrogates is also a new Senate. is actually played and repeals a statute technology. The bill simply treats the The second insurer good faith bill was permitting the manufacture of gambling two types of assisted reproduction equally S.F. 3116, sponsored by Scheid. I do not devices in Minnesota that are not legal under the law, Snyder said. He said the believe that you always need to compro- here, but are legal in the state of ship- provisions relating to surrogacy also seek mise, especially when the core proposal is ment. S.F. 3377, carried by Sen. Betsy to ensure equitable treatment in the law. unsound or not necessary, she said. How- Wergin (R-Princeton), repeals the Furni- The bill also outlines the requirements for ever, if we need to have a law on the issue ture Fire Safety Act. State Fire Marshal gestational carrier contracts and specifies of insurer good faith, she said, then we Jerry Rosendahl said the provisions are that the intended parents are the child’s need a law that will reduce lawsuits. The unnecessary, because the current Fire parents for purposes of state law. Snyder proposals from the plaintiffs’ bar will not Code addresses furniture flammability and said the bill will also help streamline the reduce litigation, Scheid said. S.F. 3116 widespread prohibitions on smoking have judicial process. Snyder said a court case offers an administrative remedy, rather eliminated the hazard commonly attrib- in Minnesota has already held that sur- than a trial remedy, she said. uted to careless smoking. rogacy contracts are enforceable and that Thornsjo said the bill avoids the trial- S.F. 3138, authored by Sen. Ann the surrogate is neither a biological or within-a-trial problems of the alternative Lynch (DFL-Rochester), clarifies the stat- legal parent. proposal. This bill provides an effective utory interactions between the newborn Baonna Depoister, Resolve, an remedy for the types of fact patterns that screening statute and the genetic privacy organization that supports and educates have been presented to Legislators as statute. Members adopted an amendment, families experiencing infertility, spoke in example of ills needing to be cured, he offered by Sen. Warren Limmer (R-Maple support of the bill. She said the orga- said. The bill addresses both the denial Grove), requiring parents to be provided nization outlines alternatives available and the delay of paying proceeds to an with a Tennessen warning before the new- to couples, including adoption, assisted insured, Thornsjo said. He reviewed the born screening is conducted. S.F. 3342, reproduction and surrogacy. She said the process established under the bill and the sponsored by Sen. Leo Foley (DFL-Coon bill aims at protecting all participants in remedies available to consumers. Rapids), permits the BCA to provide the process and building healthy families. This is a very conservative bill, in electronic transmission of charging data Curtis Herbert, attorney, said sur- terms of the standard needed to find an and documents, also known as e-charging, rogacy arrangements are a way to sidestep insurer did not act in good faith and the from law enforcement to prosecutors to adoption and result in the commoditiza- damages allowed, said Sen. Mary Olson the courts. The bill also requires that tion of babies. Tom Prichard, Minnesota (DFL-Bemidji). Fluegel said the Minne- fingerprints be obtained from any adults or Family Council, also spoke in opposition sota Association for Justice opposes the juveniles admitted to jails or detention fa- to the bill. Prichard said it is an issue that bill. He said a principal concern is the cilities. S.F. 3130, authored by Chair Mee needs to be addressed in law, but that the very onerous standard the bill requires of Moua (DFL-St. Paul), makes a number of bill is extreme. “Our concern is that the consumers. It would be among the most technical and clean-up changes in statutes bill will create a market for surrogates to stringent in the nation, Fluegel said. It is relating to the Dept. of Corrections. the detriment of the state,” Prichard said. important to put everything in context, He said the bill also does not require two and other states offer fewer remedies to Surrogate contracts debated parents, which encourages single parents consumers, said Johnson, of the Insurance The Judiciary Committee met Wed., to enter into assisted reproduction. “We Federation, which supports the bill. For Mar. 12, to hear a variety of bills, includ- are opening a Pandora’s box that leads example, he said, many other states do not ing a proposal to regulate surrogate carrier to baby selling,” Prichard said. He said offer attorney fees within their good faith arrangements. nothing in the bill speaks to what is best laws. Sen. Linda Higgins (DFL-Mpls.) for the child. Scheid asked the committee to send sponsored the bill, S.F. 2965, to regulate Sen. Warren Limmer (R-Maple both bills forward. The authors of both gestational carrier arrangements. The Grove) said the bill seems to try to set bills have agreed to work together more, measure was amended with the contents parameters and whether or not the bill she said. While normally we do not want of S.F. 2662, a bill modifying regulations does so in the best manner possible is the competing approaches on the floor, Sc- governing assisted reproduction. Hig- question we need to decide. Committee heid said, Senate leadership has indicated gins said the bill is updating law to reflect Chair Mee Moua (DFL-St. Paul) said the a willingness on some subjects to have a the current state of technology and set exploitation of women in other parts of variety of approaches in play. We should standards and protections for all parties the world has come about because of the

24 lack of complete discussion about the is- A bill prohibiting health care provid- requires consumers to be informed about sue. Sen. Mary Olson (DFL-Bemidji) said ers from disclosing a patient’s medical debt basic, but major, elements of their con- that the best interest of the child is having information to another entity was also dis- tracts, she said, such as when a contract legal certainty. The bill was approved and cussed. In addition, S.F. 3132, sponsored is being extended, what the service area advanced to the Senate floor. by Sen. Linda Scheid (DFL-Brooklyn is, and whether there is an early termina- In other action, the panel heard bills Park), prohibits a health care provider tion fee. Deputy Attorney General Karen ranging in subject matter from mortgage from obtaining or using information from Olson said wireless phone service is one foreclosure redemption to permitting hos- any entity that provides individual patient of the biggest complaint categories the pital records to be transferred to electronic financial or debt information until after Attorney General’s Office receives. Mike images. health care services have been provided. Bennett, AT&T, said complaints have S.F. 3259, carried by Sen. Linda Scheid said the bill was brought to her by been trending downward for the last Berglin (DFL-Mpls.), allows prisoners the Office of the Attorney General. The several years, in part because consumer facing civil commitment to, in certain bill was approved and sent to the Senate satisfaction and disclosure have become a cases, elect to remain confined in state floor. matter of competition between providers. correctional facilities beyond their sched- S.F. 2775, sponsored by Sen. Leo At the author’s request, members uled release date. Berglin said it is more Foley (DFL-Fridley), requires a notice to deleted a provision prohibiting wireless cost effective to have offenders stay in the city when a customer’s heat source contracts from including mandatory arbi- the corrections systems rather than move is disconnected. Foley said the bill deals tration clauses. Members also adopted an into the sex offender treatment program. with the issue of abandoned houses and amendment, offered by Sen. Linda Scheid Members also adopted an amendment cases where city water departments have (DFL-Brooklyn Park), removing required streamlining the process for reviewing the not been informed that the heat has font sizes for written disclosures. provisional release of a person in a sexual been disconnected and the houses have Sen. Julianne Ortman (R-Chanhas- offender treatment program. Commis- sustained considerable damage. The bill sen) offered an amendment modifying sioner Joan Fabian, Dept. of Corrections, was before the panel because of a provi- the enforcement powers of the attorney said that though she supports the lower sion specifying that utility data provided general, private remedies and the appli- per diem realized with keeping sex offend- to cities must be treated as private data on cable statute of limitations. The amend- ers in the correctional system, she does individuals or nonpublic data. The mea- ment also provides an opportunity for have concerns about the numbers of beds sure was approved and advanced to the wireless providers to request opinions from that will be needed. The measure was State and Local Government Operations the attorney general on whether their approved and advanced to the Committee and Oversight Committee. practices conform to the law. Under the on Finance. S.F. 2984, authored by Sen. Julianne amendment, the opinion is binding on the Sen. Yvonne Prettner Solon (DFL- Ortman (R-Chanhassen), modifies the attorney general. Olson, the bill’s author, Duluth), sponsored a measure, S.F. right of reinstatement and other provi- spoke against the amendment, saying it 3263, permitting hospital records to be sions relating to mortgage foreclosure. provides the wireless industry with more transferred to electronic image or other Ortman said the bill is aimed at strength- protections than any other regulated in- state-of-the-art electronic preservation ening borrowers’ rights. The bill specifies dustry. Members divided the amendment technology. Solon said the current law that a person being foreclosed on has the and voted on it in four portions. The at- was written in 1941 and references pho- right to reinstatement of the mortgage for torney general’s enforcement and binding tographic images. Prettner Solon said the the same period the person has a right to opinion provisions were not adopted; the bill also provides for the destruction of redeem. Ortman said the bill provides an two-year statute of limitations provision paper records after being transferred to an incentive for both banks and homeowners and a limitation on the availability of electronic format. The measure was ap- to work toward reinstatement. In addi- private remedies were adopted. proved and sent to the full Senate. tion, the bill requires the party bringing The measure was approved and re- S.F. 3245, carried by Sen. Tony forth the foreclosure proceedings to pay referred to the Business, Industry and Jobs Lourey (DFL-Kerrick), changes provisions any outstanding taxes or assessments. Committee. for uniform billing forms and electronic Members heard testimony on the measure, S.F. 3129, authored by Chair Mee claim filing. Lourey said last year the Leg- but held the bill over for the next hearing. Moua (DFL-St. Paul), expands the scope islature adopted uniform procedures for of the Commission on Judicial Selec- three common billing processes. Lourey Cell consumers’ bill okayed tion process to include vacancies on the said nonstandard billing forms lead to Members of the Judiciary Committee Supreme Court and Court of Appeals. high administrative costs and the switch met Thurs., Mar. 13, to consider bills on Under current law, if a vacancy occurs on to uniform billing and electronic claim a range of topics. Among the measures the District Court or Workers’ Compensa- filing will save millions of dollars. He said considered was a bill designed to offer tion Court of Appeals, the Commission the bill was before the panel because of consumers greater protection and informa- on Judicial Selection solicits candidates, provisions relating to compliance and tion in their dealings with wireless phone evaluates applicants and recommends investigation. The bill sparked consider- service providers. three to five nominees. Senate Coun- able discussion about insurance billing S.F. 833, authored by Sen. Mary sel Kathleen Pontius said the process is before being approved and advanced to Olson (DFL-Bemidji), regulates consumer merely advisory, to avoid infringing on the the Commerce and Consumer Protection contracts for wireless phone service. This governor’s constitutional prerogative. In Committee. is just an information bill, Olson said. It practice, however, most governors have

25 Committee update not named a judge who was not recom- protected from liability for breach of con- administration. The bill was forwarded to mended by the commission, Pontius said. fidence. If a therapist has no duty to warn, the full Senate. S.F. 914 regulates business Additionally, most governors have used an under the bill, the therapist is not liable screening services and provides civil pen- ad hoc committee very similar to the com- for failing to provide any warning about a alties and remedies for violations. The bill mission for filling appellate vacancies, she client’s violent behavior. Prettner Solon was approved by the committee last year, said. The bill was approved and forwarded said the bill creates parity among the but returned from the floor under Senate to the full Senate. mental health professions, because similar rules governing bills not passed before the Moua sponsored three additional language has existed for psychologists and annual adjournment. Members adopted an bills. S.F. 3608 reinstates a 36-month licensed social workers for years. The bill amendment, offered by Betzold, clarifying mandatory minimum sentence for subse- was advanced to the full Senate. that businesses are in compliance with quent criminal sexual conduct offenses S.F. 3322, also carried by Prettner the bill’s provisions if they are in compli- that was repealed in 2005. Isabel Gomez, Solon, adopts many of the recommenda- ance with federal law. The bill was again executive director of the Sentencing tions from a legislative auditor’s report on forwarded to the full Senate. Guidelines Commission, said the repeal the financial management of the state’s S.F. 3716, authored by Sen. Mary Ol- was inadvertent and occurred when public health care programs. The bill son (DFL-Bemidji), provides privacy pro- the Legislature recodified sentencing came within the committee’s jurisdiction tection to data provided to local govern- enhancement statutes for sex offenders. because three provisions related to data ments by the state auditor for review and Under the bill, the mandatory minimum privacy. The bill was forwarded to the Fi- verification during the audit. State Audi- sentence applies to offenders sentenced nance Committee. S.F. 3002, authored by tor Rebecca Otto said the bill mirrors a for first- through fourth-degree criminal Sen. Linda Scheid (DFL-Brooklyn Park), provision relating to data provided by the sexual conduct offenses who have a con- extends civil immunity to municipalities legislative auditor to audit subjects. The viction in the previous 15 years for a first- that donate public safety equipment. The bill was approved and sent to the Sen- through fourth-degree criminal sexual bill was forwarded to the State and Local ate floor. S.F. 2645, sponsored by Moua, conduct offense. The bill was approved Government Operations and Oversight eliminates the requirement that Social and re-referred to the Finance Committee. Committee. Scheid also carried a bill, S.F. Security numbers be included in mar- S.F. 3350 changes the standard of evi- 2930, updating and clarifying debt man- riage dissolution petitions. At the author’s dence the Dept. of Human Services must agement regulation provisions adopted request, the panel adopted an amendment meet to disqualify a person based upon last year. The bill was advanced to the governing the handling of Social Security non-conviction records. The bill raises Senate floor. numbers in child support matters. The bill the standard from a preponderance of the was advanced to the full Senate. evidence to clear and convincing. DHS Data, open meeting bills gain conducts background checks of persons Members of the Judiciary Committee Property Tax Division working in licensed facilities serving chil- held a morning meeting, Fri., Mar. 14, to dren and vulnerable adults, in unlicensed consider legislation on a number of topics Green Acres changes reviewed personal care agencies paid through Medi- as the first committee deadline loomed. The Property Tax Division, chaired cal Assistance, and in programs supervised The panel, chaired by Sen. Mee Moua by Sen. Rod Skoe (DFL-Clearbrook), by the Departments of Corrections and (DFL-Fridley), heard bills on data privacy, heard six bills, Thurs., Mar. 13. A few of Health. S.F. 3441 provides that domestic open meetings, and business screening the bills could be offered as amendments abuse advocates cannot be compelled to services. to a property tax article in the full Taxes disclose opinions or information received Sen. Don Betzold (DFL-Fridley) Committee, Skoe said. In addition, the from or about victims without the victims’ sponsored four bills. S.F. 3225 authorizes panel reviewed the working article for aids consent. The bill requires courts deter- the Office of the Ombudsman for Mental to local governments and the article for mining whether to compel disclosure to Health and the Medical Review Subcom- property taxes, including modifications to weigh the public interest and need for mittee to gather data about deceased the Green Acres program. disclosure against the effect on the victim clients. The bill was advanced to the Sen. Thomas Bakk (DFL-Cook) and the victim-advocate relationship. full Senate. S.F. 2754 permits schools to authored S.F. 3579, allowing the St. Louis Baseless attempts to get advocacy records contract with third parties to conduct County board to levy taxes on property have a chilling effect on the willingness required criminal history background located in unorganized territory to which of victims to seek help and confide in checks. Because members had several the Morse-Fall Lake Rural First Responder advocates, said Connie Moore, executive questions about how the data would be and Fire Protection Association provides director of Alexandra House Women’s handled, the bill was laid over for future first responder services. Bakk said this is Shelter in Blaine. Both measures were consideration. S.F. 3120 requires closed likely an issue across the state, and should advanced to the Senate floor. meetings to be recorded and requires be examined as a broader policy issue. The S.F. 3182, sponsored by Sen. Yvonne the recordings to be preserved for three bill was laid over. Prettner Solon (DFL-Duluth), imposes a years. The bill also authorizes reasonable S.F. 3207 relaxes the penalty for duty to warn of violent patient behavior attorney fees to a prevailing plaintiff who individuals who fail to provide all of the on marriage and family therapists. Under brings an action for failure to comply with information requested for contesting of the bill, the therapist has an obligation the open meeting law if the defending a property tax valuation within 60 days. to warn the potential victim and the ap- public body was the subject of a writ- The bill, sponsored by Sen. Dan Larson propriate law enforcement agency, and is ten opinion from the commissioner of (DFL-Bloomington), replaces automatic

26 dismissal of a petition with appropriate trails, yet covers less that one square mile non-agriculture land being sheltered from sanctions. and is 60 percent tax exempt. In addition, taxes under the program. One change It’s a “matter of essential fairness” the median income is lower than the state made by the language restricts eligibility for people who may not be tax savvy or median, said Ruehl. for the program to productive agricultural misinformed about the requirements, said S.F. 3566, also sponsored by Larson, or pasture land. Ray Krause, former Tax Court judge and modifies the total amount of property assistant commissioner of the Dept. of taxes a political subdivision may abate. Revenue. Myron Franz representing the Under the bill, abatement may not exceed Public Safety Budget Bar Association said that protestation ten percent of the net tax capacity of the Division of taxes is a fundamental right, and the political subdivision, or $200,000, which- penalty is unusual. ever is greater. Current law limits abate- Governor’s budget cuts discussed Tom May, Hennepin County assessor ment to 10 percent of the current levy, or Members of the Public Safety Budget said his office opposes the bill. In cases $200,000, whichever is greater. The bill Division, chaired by Sen. Linda Hig- where there has been a dismissal, there helps medium-sized cities with economic gins (DFL-Mpls.), met Wed., Mar. 12, to is usually a good reason for the dismissal, development and standardizes treatment review the governor’s budget recommen- said May. Larson said he was interested in across the state, said Kevin Goodno. dations for the areas under the division’s discussing the issue further with stake- The division then reviewed the jurisdiction. holders. The bill was laid over. property tax article, including changes to The governor recommended reduc- S.F. 3639, sponsored by Sen. Tony the Green Acres program. Skoe said the tions of $2.5 million per year in the short- Lourey (DFL-Kerrick), provides a pen- changes are in response to a legislative au- term offender reimbursement program, alty for repeated delinquent property tax ditors report’s findings of tax shifting and $600,000 per year in sentencing to service payers when the failure is not due to an inability to pay. Lourey said that some owners don’t pay taxes as a float and hold payments until the end of a seven year window, which is a burden to other tax payers. If the county auditor finds that the delinquent payment is due to abuse of the system, an additional 25 percent penalty on the late tax could be assessed under the bill. Lourey said this is an issue mostly in rural areas with absentee owners. The bill gives auditors a lot of discre- tion to judge ability to pay, said John Ha- gen assistant director of the Property Tax Division in the Dept. of Revenue. The bill was laid over for further work during the interim. Two bills presented make changes to local government aid by addressing the needs of specific communities. An $80,000 boost to the city aid base for Mendota, is proposed by S.F. 2455, in addition to an $80,000 increase in total aid receivable for 2009. Bill sponsor James Metzen (DFL-South St. Paul) described Mendota as a small town, population 164, which is not receiving fair treatment by LGA formulas. City Clerk Joan Olin said that comparably small cities in rural areas receive a larger proportion of LGA support, but because they are part of the Metropolitan Area, that is not the case. Sen. Gen Olson (R-Minnetrista) presented a proposal for the community of Excelsior. S.F. 3744 provides a city aid Wielding a Metro Transit bus schedule, Minneapolis Senior Citizens Advisory Com- base increase of $250,000 and a $250,000 mittee member Charles Rosensteel informs members of the Transportation Budget increase of total 2009 aid. Excelsior Mayor and Policy Division, Tues., Mar. 11, of the current requirement that seniors show Nick Ruehl explained that the com- a Medicare card in order to ride the bus at discounted rates. The panel was con- munity is a regional center for parks and sidering legislation to waive, for senior citizens, the $11 fee to obtain a Minnesota identification card. Photo by David J. Oakes

27 Committee update funding, $653,000 for Crime Victim said membership will require a great deal change of address with the U.S. Postal Services, $608,000 per year for CriM- of commitment because of the time and Service. S.F. 2948, also carried by Larson, Net, $450,000 per year for the Financial effort that will be needed. Berglin said the repeals a provision requiring final offer Crimes Task Force and $40,000 per year commission also has oversight responsi- total package arbitration procedures for in CAT/HazMat team reimbursement. bilities for a Health Care Value Reporting professional firefighters. Larson said the In addition, the proposal recommends a Organization, a Health Benefit and Design current procedures require the arbitrator $149,000 reduction of the Human Rights Advisory Committee and a Technology to choose one of the two offers, rather Department’s operating budget. The Advisory Committee. than develop another solution. Laura proposal also includes appropriations of Members adopted an amendment Kushner, League of Minnesota Cities, $50,000 from a special revenue fund for deleting a provision prohibiting the pay- spoke against the bill, saying final offer POST Board training reimbursements in ment of per diem to commission members. total package arbitration encourages the FY 2009 and $340,000 for a disaster as- Sen. Dennis Frederickson (R-New Ulm) parties to seek resolution, rather than sistance state match. noted the limited number of Legislators go to arbitration. We believe arbitra- Representatives from the Dept. of prevents representation of all four legisla- tions are down because of the final offer Corrections, the Dept. of Public Safety, tive caucuses. Committee Chair Lawrence total package default, she said. S.F. 2929, the Dept. of Human Rights and crime Pogemiller (DFL-Mpls.) suggested that sponsored by Sen. Jim Vickerman (DFL- victim service organizations detailed the Berglin and others consider the possibility Tracy), authorizes cities, counties and effects of the cuts on their respective of adding two additional legislative mem- townships to give money or make in-kind programs. Commissioner Joan Fabian, bers. The bill was approved and advanced gifts to nonprofit organizations if the grant Dept. of Corrections, also spoke about the to the Finance Committee. is for a public purpose and to support an effects of the cuts on the department. “I education, social service, health, or other sincerely believe that further cuts will put charitable purpose. S.F. 3378, authored by safety and security at risk,” Fabian said. State and Local Government Sen. Tony Lourey (DFL-Kerrick), modifies The panel also discussed a bill, H.F. Operations and Oversight provisions governing how vacancies on 3000, carried by Sen. Joe Gimse (R-Will- county boards and city councils are filled. mar), making a technical correction in Panoply of topics heard The bill reduces from two years to one provisions in statewide public safety radio Bills on a diverse range of topics con- year the triggering point for a special elec- financing. The measure was approved and fronted members of the State and Local tion to fill the unexpired term of a county advanced to the full Finance Committee. Government Operations and Oversight commissioner or city council member; Committee when they met Fri., Mar. 7. the measure also requires a public hearing The subjects considered include elections, including public testimony before making Rules and Administration gambling, state boards, and blood dona- an appointment to fill a vacancy. Health care reform bill advanced tion. Lourey sponsored two additional S.F. 2818, authored by Sen. Ellen An- The Rules and Administration measures. S.F. 3364 changes the name of a derson (DFL-St. Paul), creates a cap and Committee met briefly Tues., Mar. 11, to commission serving people who are deaf, trade program for greenhouse gas emis- deaf-blind and hard of hearing to include consider a section in the health care re- sions. Members focused their examination those who are deaf-blind in the name of form bill providing for the appointment of of the bill on a provision relating to legis- the commission. The bill was recommend- Legislators to a Health Care Transforma- lative participation in negotiations around ed for placement on the Consent Calen- tion Commission created under the bill. a regional cap and trade program. The dar. S.F. 3098 makes a number of changes S.F. 3009, authored by Sen. Linda Berglin bill was approved and re-referred to the to lawful gambling provisions. Lourey said (DFL-Mpls.), specifies that one member Business, Industry and Jobs Committee. the bill includes language agreed to by of the House of Representatives and one S.F. 3120, sponsored by Sen. Don Betzold both regulators and the industry. The bill member of the Senate be among the 10 (DFL-Fridley), provides that all closed was re-referred to the Judiciary Commit- members of the commission. The mea- meetings must be recorded at the expense tee. sure also requires the Senate and House of the public body holding the closed S.F. 3190, carried by Chair Ann Rest of Representatives to each appoint two meeting. Under the bill, the recordings (DFL-New Hope), requires the state to additional members and for four members must be preserved for at least three years grant its employees leave from work with to be appointed by the governor, two of after the meeting. The bill also authorizes pay to donate blood and permits other whom must be commissioners of state reasonable attorney fees to a prevail- public employers to grant paid leave for agencies. ing plaintiff who brings an action if the blood donation. The bill was advanced to Berglin said the Health Care Trans- government entity was also the subject of the Finance Committee. S.F. 2533, also formation Commission is the group a written opinion from the commissioner authored by Rest, amends the definition of charged with implementing the payment of administration. The bill was advanced “gambling device” in the criminal code to reform provisions of the bill. She said the to the Judiciary Committee. clarify that an object is a gambling device inclusion of Legislators on the commis- Four bills were advanced to the full whether or not it is actually played and sion is to provide direct accountability to Senate. S.F. 1297, carried by Sen. Dan repeals a statute permitting the manufac- the Legislature. Berglin said the member- Larson (DFL-Bloomington), provides for ture of gambling devices in Minnesota ship was kept small because the group automatic updating of a voter’s registra- that are not legal here, but are legal in the will implement the reform portions. She tion when the voter files a permanent state of shipment. The bill was re-referred

28 to the Judiciary Committee. S.F. 3180, assistant commissioner, Dept. of Labor bill was approved and sent to the full another Rest measure, provides Legislators and Industry, said the bill was before the Senate. a method for appealing or challenging the panel because of provisions relating to Larson also sponsored a bill to estab- conclusions of fiscal notes and revenue rule changes and administrative hear- lish a non-binding presidential primary. estimates. The bill was forwarded to the ings. Members adopted an amendment S.F. 1527 also specifies that the party Taxes Committee. requiring builders to have general liability caucuses be held on the date of the presi- Rest sponsored the remainder of the insurance for both property damage and dential primary, except that the caucuses bills heard at the meeting, which were personal injury. The amendment was may be delayed in non-presidential elec- all advanced to the full Senate. S.F. 3202 needed because of language adopted last tion years. The measure also spells out the cleans up a number of provisions relating year that omitted the provision. The bill time frame for the presidential primary. to the abolishment of the Department was approved and sent to the Senate floor. The time of the primary was altered in the of Employee Relations and the transfer S.F. 3370, carried by Sen. Rick bill to allow Minnesota to participate in of its duties to other state agencies. S.F. Olseen (DFL-Harris), provides for elec- a regional primary, if a regional primary 3203 authorizes the Racing Commission tion complaint assessments and payment is ever established. The bill details the to regulate by rule horse medications and modifications. Dennis Freed, Minnesota process for candidates to be placed on their metabolites, provided their use does Association of County Auditors, spoke in the ballot, provides for the conduct of not exceed regulatory threshold con- support of the measure and said the bill the primary election and provides for the centrations set by commission rule. S.F. provides for assessments against the local apportionment of delegates. The bill was 2804 requires schools to use environmen- jurisdiction where the election contest approved and advanced to the Finance tally sensitive cleaning and maintenance was the subject of the complaint. He Committee. products and creates an Environmentally said currently, counties bear the entire Rest authored a bill, S.F. 2574, modi- Sensitive Product Task Force. S.F. 2914 costs. The bill also provides that any fines fying special election dates. The bill adds governs data practices relating to fore- assessed by the chief administrative law one week to the special election calendar closure and requires the secretary of state judge must first be used to offset the cost for seats in the Legislature and in Con- to convene a working group to study and of considering complaints prior to assess- gress by requiring candidates to file two make recommendations regarding the de- ing local jurisdictions. Freed said most weeks before the special primary, rather velopment of a statewide foreclosure data complaints are beyond the control of the than one. collection and reporting system. local jurisdiction. The bill was approved Rest also offered an amendment and sent to the full Senate. containing a variety of other elections Health reform package gains A bill providing for the strategic bills. The amendment exempts lobbying A bill aimed at reforming the health entrepreneurial economic development activities related to a ballot question from care system in the state was the first item (SEED) initiative was also heard. S.F. campaign finance reporting requirements, on the agenda for the Mon., Mar. 10, 3109, carried by Sen. Dan Sparks (DFL- exempts lobbying activities related to meeting of the State and Local Govern- Austin), establishes a rural enterprise qualifying a question for placement on the microloan program to provide grants to ballot from those that must be reported by ment Operations and Oversight Commit- encourage private investment, create a political committee or political fund and tee. jobs in rural areas and promote economic requires an unregistered political com- S.F. 3009, sponsored by Sen. Linda development. Sparks said the bill was be- mittee, political fund, principal campaign Berglin (DFL-Mpls.), creates a Minnesota fore the panel because of three provisions committee or party unit to register with Health Insurance Exchange, provides authorizing expedited rulemaking. Sparks the Board of Campaign Finance and Pub- for Section 125 plan health insurance said the appropriations in the bill will lic Disclosure within 24 hours of receiving coverage, expands health care affordabil- be ongoing and be added to the base of a loan or contribution. The amendment ity and eligibility and provides for health the Dept. of Employment and Economic also advances the deadline for filing the care cost savings. The bill was before the Development. The bill was approved and affidavit of contributions that is required panel, chaired by Sen. Ann Rest (DFL- advanced to the Finance Committee. for a candidate to be eligible to receive New Hope), because the measure creates S.F. 3140, carried by Sen. Kathy a public subsidy from Sept. 1 to 22 days a number of boards, committees and com- Sheran (DFL-Mankato), makes numer- before the primary, provides for delivery missions. Members adopted an amend- ous changes to the licensing procedures of absentee ballots, and authorizes a voter ment altering the due dates of several for boiler operations. The bill was before who would have difficulty getting to the reports. Members approved the measure the committee because of a provision polls to designate an agent to deliver and advanced the bill to the Committee requiring rulemaking to further define the absentee ballots. The measure also makes on Taxes. education requirements for boiler opera- a number of changes to school board Sen. Linda Scheid (DFL-Brooklyn tor licenses. The bill was also approved election provisions and allow a principal Park) authored a bill, S.F. 2926, modifying and advanced to the Finance Committee. campaign committee that dissolves within provisions relating to electrical, plumbing, S.F. 2820, sponsored by Sen. Dan Larson one year to make charitable contributions water conditioning, boiler and high-pres- (DFL-Bloomington), provides that a park of more than $100. Rest said the plan was sure piping provisions. Scheid said two district may acquire property within a city to hold the bill on the Senate floor until years ago the various professional agen- in accordance with the adopted compre- the other body acts upon the companion cies were consolidated under the Dept. hensive plan of the city. Larson said the bills. The bill was approved and advanced of Labor and Industry. Tom Joachim, bill will help streamline the process. The to the Senate floor.

29 Committee update Sen. Don Betzold (DFL-Fridley) also extends reporting requirements that laws, and a task force on community sponsored two bills. S.F. 3137 provides already exist for public employees, public reintegration of offenders. The bill was for the operation and maintenance of officers, political subdivisions and charter amended to meet the standards for work- commuter rail lines located in whole or commissioners, said Otto. The bill was ing groups and recommended to pass. in part within the Metropolitan Area. recommended to pass. S.F. 3268, sponsored by Sen. Betsy Under the bill, the Metropolitan Council Olson also presented S.F. 2943, Wergin (R-Princeton), allows counties to is designated the agency to operate and providing a star lake or river designation issue interim use permits. City and town- maintain commuter rail. The measure also for lake or river associations. The bill ship zoning laws already allow interim use clarifies the duties of the commissioner provides an incentive for local water man- permits. The bill was recommended to of transportation. The bill was approved agement associations. A non-profit Star pass. and referred to the full Senate. S.F. 2747 Lake Board would be created to manage S.F. 3375, sponsored by Sen. Kevin creates a statewide health insurance pool the program. The board meets the com- Dahle (DFL-Northfield), requires col- for school district employees. Betzold mittee’s guidelines for approval, according lective bargaining over the number of said the bill addresses issues raised by the to committee staff. An amendment was tax sheltered annuity vendors a school governor’s veto last year. The bill is before approved to better define the composition district permits for payroll deductions. Jan the panel, Betzold said, because of the of the board, alter dates, and remove a Alswager of Education Minnesota said creation of a governing board. The bill requirement for an annual audit. The bill that generally, it’s employees’ money, and provides for membership of the governing was recommended to pass and re-referred they should have a say. board and outlines the board’s respon- to the Committee on Finance. Tom Deans of the Minnesota School sibilities. Sen. Claire Robling (R-Prior S.F. 3239, sponsored by Sen. Mee Board Association said the bill limits dis- Lake) offered an amendment deleting Moua (DFL-St. Paul), is a request of the trict’s ability to control costs, and the bill the language making the school districts’ Association of County Recorders. Joel would make an already difficult process participation mandatory. The amendment Beckman of the Minnesota Association more complicated. The bill was recom- failed. The bill was approved and re-re- of County Officers said the bill makes mended to pass. ferred to the Health, Housing and Family technical changes and creates consistency S.F. 3363, sponsored by Sen. Rich- Security Committee. throughout Minnesota counties in regard ard Cohen (DFL-St. Paul), requires state The final bill considered by the com- to application of certain fees. The bill was agencies to provide more detailed budget mittee, S.F. 3058, authorizes urban part- approved and re-referred to the Commit- information in consideration of budget nership agreements to provide for user fees tee on Finance. development. The finance committees for use of high-occupancy vehicle lanes S.F. 3472, sponsored by Sen. Tarryl had much more information available to and dynamic shoulder lanes. The bill, Clark (DFL-St. Cloud), forms a subcom- them in the past, said Cohen. The bill was sponsored by Rest, exempts the commis- mittee on government accountability recommended to pass and re-referred to sioner of transportation from rulemaking to review recommendations on how to the Committee on Finance. regarding urban partnership agreements, improve the use of Minnesota Milestones S.F. 3567, sponsored by Sen. David toll facilities and final layouts for high- and other statewide goals and indicators Tomassoni (DFL-Chisholm), allows the ways, which was what brought the bill to in state planning and budget documents. St. Louis county civil service director to the committee. The bill was approved and The bill was approved and re-referred to conduct employment related pilot projects advanced to the Committee on Finance. the Committee on Finance. which are otherwise exempt from the St. S.F. 960 was one of three bills Louis County civil service law, if approved Boards, land use proposals heard presented by Sen. Linda Higgins (DFL- by the joint labor management commit- The State and Local Government Mpls.). The bill allows local units of tee. The human resource management Operations and Oversight Committee, government to define “dependent” for the system has been largely untouched since purpose of providing group benefits and 1941, said Martha Watson, the county’s chaired by Sen. Ann Rest (DFL-New not be required to use the definition in personnel director. The bill was recom- Hope), heard 18 bills, Wed., Mar. 12. general law. The bill was recommended mended to pass. Nine bills were recommended to pass and to pass. S.F. 3643, sponsored by Sen. Patricia sent to the floor. S.F. 2967, also sponsored by Higgins, Torres Ray (DFL-Mpls.), extends the S.F. 3084, sponsored by Sen. Yvonne authorizes the Minneapolis Park and Rec- duration of certain tax increment finance Prettner Solon (DFL-Duluth), clarifies the reation Board and the Minneapolis City districts, provides that some of the ad- definition of property for the Spirit Moun- Council to jointly impose park dedication ditional increments be distributed to the tain recreation area. A technical error in fees for new commercial and industrial neighborhood revitalization program and statute misidentifies land, said Prettner development. The bill also authorizes the keeps the Minneapolis NRP program Solon. The bill was recommended to pass. use of the fee for trails in addition to other operations in place for those distributions. Sen. Mary Olson (DFL-Bemidji) related grounds specified in current stat- The bill was approved and sent to the presented two bills to the committee. ute. The bill was recommended to pass. Committee on Taxes. State Auditor Rebecca Otto explained S.F. 2790, also sponsored by Higgins, S.F. 3119, sponsored by Sen. Rick S.F. 3444, which requires reporting of makes numerous proposals to aid the Olseen (DFL-Harris), permits employees unlawful actions of local public pension re-entry of criminals back into the com- of political subdivisions to be considered plan members to local law enforcement munity. Two of the provisions implement employees of the state when providing and the State Auditor’s Office. The bill a working group on controlled substance emergency assistance, gives these individ-

30 uals good faith protections and allows for million to the Dept. of Revenue, $842,000 Berglin said the savings recapture interstate assistance under an emergency to the Dept. of Finance, $313,000 to the off-set does not come into play unless management assistance compact. The bill Office of Enterprise Technology, $750,000 there are savings. The assessment for the was approved and re-referred to the Com- to the Amateur Sports Commission, health insurance exchange is just enough mittee on Judiciary. $999,000 to the Attorney General’s Of- to run the exchange, she said. In addition, S.F. 3208 was also presented by fice, $151,000 to the Governor’s Office, the assessment on hospitals is returned to Olseen. The bill is the product of a mu- $260,000 to the Secretary of State’s the communities, Berglin said. Members nicipal boundary adjustment task force. Office, $369,000 to the State Auditor’s adopted an amendment clarifying that Task force chair Bruce Johnson said the Office, and $2.855 million to the Legis- revenue for both Medical Assistance and proposal encompasses the group’s limited lature. The reductions for the Legislature Medicaid is exempt from the net revenue consensus on how municipal boundaries and constitutional offices represent four calculations on the part of hospitals and may be adjusted. Committee members percent cuts in their general fund budgets. health plans. Another amendment clari- amended the bill to extend the task force fies the number of employees an employer for an additional six months to see if more must have in order to be required to offer common ground can be found. The bill Taxes Section 125 plans. was recommended to pass. Health care reform bill gains The bill was approved and re-referred S.F. 1402 preserves agriculture, forest, to the Rules and Administration Com- wildlife and open space land by creating The Taxes Committee, chaired by Sen. Thomas Bakk (DFL-Cook), devoted mittee. guidelines for development. Bill sponsor Members also heard a bill, S.F. 3390, Sen. Steve Dille (R-Dassel) said the bill much of the Tues., Mar. 11, meeting to discussion of S.F. 3099, the health care re- providing a five year extension in two tax has been stripped down to manage stake- increment districts in Duluth. The mea- holders’ concerns. A taskforce directed by form package. The bill, sponsored by Sen. Linda Berglin (DFL-Mpls.), establishes a sure, sponsored by Sen. Yvonne Prettner the bill meets committee guidelines. The Solon (DFL-Duluth), was laid over. bill was approved and re-referred to the health insurance exchange, provides for Rules and Administration Committee. Section 125 plans, provides for medical S.F. 3131, sponsored by Sen. Kathy homes, provides for health care savings, Variety of bills heard Sheran (DFL-Mankato), modifies statutes expands coverage and makes health care Members of the Taxes Committee regulating financial transactions related to insurance more affordable. met Wed., Mar. 12, to consider bills on town annexation to a city. The bill allows Several issues sparked debate. Berglin a number of diverse topics. The panel, reimbursement to the town for debts, said the bill provides for a major public chaired by Sen. Thomas Bakk (DFL- special assessments and loss of taxes, and health initiative by requiring an assess- Cook), laid all the proposals over for prevents additional demands by the town- ment on health plans’ and hospitals’ net possible inclusion in the session’s second ships. Nancy Larson of the Coalition of patient revenue. The bill also establishes omnibus tax bill. Greater Minnesota Cities said that the bill a health insurance exchange and provides S.F. 3162, carried by Sen. Mee Moua resembles neither the city nor the town- for Section 125 plans to allow individuals (DFL-St. Paul), provides sales tax exemp- ship proposals. Another stakeholder said to purchase health plans directly through tions for materials and supplies used in the group was close to breaking through the exchange or through an employer constructing the Central Corridor light obstacles that have prevented further Section 125 plan that allows employees to rail line and the Northstar Corridor work. The bill was laid over. purchase insurance with pre-tax dollars. commuter rail line. Under the bill, the The bill also includes a savings recapture tax must be collected and later refunded. off-set provision. Under the bill, if actual S.F. 2717, sponsored by Sen. Mary Olson State Government Budget health care cost spending is less than pro- (DFL-Bemidji), makes propane-fueled Division jected, the commissioner must determine vehicles purchased by school districts ex- an aggregate savings offset amount to be empt from sales tax. Sen. Satveer Chaud- Gov’s budget recs reviewed paid by health plan companies and third- hary (DFL-Fridley) carried two bills, S.F. Members of the State Government party administrators. The amount, which 3260 and S.F. 3512, relating to tax incre- Budget Division met Mon., Mar. 10, to may not exceed four percent of annual ment financing districts in Fridley and hear the governor’s budget recommenda- paid claims, is to be deposited into the New Brighton. tions. The panel, chaired by Sen. Don health savings reinvestment fund, under Sen. Kevin Dahle (DFL-Northfield) Betzold (DFL-Fridley), reviewed the broad the bill. sponsored a bill, S.F. 3533, authorizing outlines of the governor’s recommended Opponents to the measure said towns to refund surplus revenues upon solution for a projected $938 million the savings recapture off-set provisions the removal of a subordinate service shortfall in FY 08-09 and explored in amount to another tax. Mary Krinkie, districts. S.F. 3534, authored by Sen. Scott detail the recommendations for agencies Minnesota Hospital Association, said the Dibble (DFL-Mpls.), modifies Minne- within the panel’s jurisdiction. Executive assessment on net patient revenue is infla- apolis’s housing replacement district law. Budget Officers Britta Reitan, Abigail tionary. Julie Brunner, Minnesota Council S.F. 2841, carried by Sen. Tarryl Clark Read and Alexandra Broat, all of the of Health Plans, said the savings recap- (DFL-St. Cloud), clarifies the property Department of Finance, walked the panel ture off-set provisions are unsustainable. tax exemption eligibility standards for through the recommendations. Net reduc- Individuals representing small insurance public charities. The bill is a response to tions in the proposal include $1.169 mil- agencies expressed concern about the a recent Minnesota Supreme Court case lion to the Dept. of Administration, $1.24 health insurance exchange. upholding a county’s denial of a property

31 Committee update tax exemption for a childcare provider. to pay discounted fees on Metro Transit S.F. 2695, sponsored by Sen. Rick S.F. 3043, authored by Sen. Dan Larson buses because they show proof of age. Olseen (DFL-Harris), requires a transit (DFL-Bloomington), provides an income Dibble said the alternative is for seniors implementation plan to meet 80 percent tax credit of $10,000 for individuals and to use their Medicare cards, which have of the transit needs in Greater Minnesota $100,000 for corporations for donations Social Security numbers printed on them. by 2015 and requires an annual assess- to programs providing grants to enhance He said the growing problem of identity ment of ADA paratransit ridership needs equity and opportunity in education. theft makes many seniors reluctant to in the Metro Area. Olseen said the bill The bill limits the total statewide credit carry their Medicare cards. Members also requires an annual transit report. The amount to $10 million annually. adopted an amendment providing for an measure was approved and advanced to appropriation of $174,000 for FY 2009. the Senate floor. The bill was approved and advanced to Sen. Patricia Torres Ray (DFL-Mpls.) Transportation Budget and the Finance Committee. carried S.F. 3669, which requires the Policy Division Sen. Michelle Fischbach (R-Paynes- commissioner of transportation to prepare ville) sponsored a bill, S.F. 1008, clarify- a report proposing a program to mitigate Snow removal bill heard ing that cities and counties may impose the impact of transportation and transit The Transportation Budget and administrative penalties for speeding construction projects on small businesses. Policy Division, acting as a free-standing violations that are no more than ten miles Torres Ray said a construction project in policy committee, met Tues., Mar. 11, to per hour greater than the speed limit, for her district lasted three years and had di- consider a wide range of bills. The panel, failing to obey a traffic control device or sastrous impacts on small businesses. The chaired by Sen. Steve Murphy (DFL-Red for failing to have properly functioning bill was approved and re-referred to the Wing), considered bills ranging from snow vehicle lights. The bill also specifies that Business, Industry and Jobs Committee. removal standards on trunk highways to a alleged violators may contest the admin- Moua authored a bill reducing or transit implementation plan. istrative penalty and elect to be charged eliminating a number of fees and sur- S.F. 2761, authored by Sen. Gary under state law with adjudication of the charges in the justice system. S.F. 2644 ad- Kubly (DFL-Granite Falls), requires the charge in district court. Michel Wetzel, dresses the criminal offense surcharge, the commissioner of transportation to adhere Morrison County sheriff, spoke in support DWI driver’s license reinstatement fee, a to statewide snow removal standards of the measure. number of court fees and the public de- on trunk highways. Kubly said the use Sen. Mee Moua (DFL-St. Paul) said fender co-pay. We have lived for the past of flashing lights to indicate a road is current law prohibits local governments decade in an environment where users restricted or closed is a way to postpone from imposing administrative penalties of the criminal and civil justice systems the snow removal. He said the bill pro- and the bill changes policy to authorize have been expected to help pay for them, hibits use of flashing lights and limits the the penalties. She said there is a danger Moua said. The system is inequitable and commissioner’s right to civil damages for here of allowing local units of government creates noncompliance problems, she rescuing motorists who have entered the to administer traffic laws to have differing highway. Kubly said the bill also requires said. She noted that one reason cited for all roads with the same functional clas- administrative standards in various juris- the emergence of administrative fines is sification to have the same target range for dictions. Sen. Gen Olson (R-Minnetrista) the onerous nature of the state-imposed snow removal. said the state has imposed so many sur- fees and surcharges. Members adopted an Betsy Parker, Minnesota Dept. of charges that local law enforcement officers amendment, offered by Moua, incorporat- Transportation, said the problem seems to feel the sanctions are so burdensome that ing the recently enacted payment plan be that plowing in part of the state is not administrative penalties are preferable. provisions for DWI license reinstatement meeting the expectations of the commu- Sen. Julianne Ortman (R-Chanhassen) fees. The measure was laid over because of nity. She said road closures and the target said it is the Legislature’s role to change time constraints. for plowing are two different issues. Parker policy and, because the bill passed last said the target for plowing is set after the year, we have made the decision to trust Pupil transportation bills heard snow ends, but the closures are deter- law enforcement officers’ judgment. Sen. Members of the Transportation Policy mined when the snowfall is so heavy that Rod Skoe (DFL-Clearbrook) said the and Budget Division, acting as a stand safety is a question. She said the flashing policy is about equal treatment under the alone policy committee, reconvened for lights were put in place in order to avoid law. an evening hearing Tues., Mar. 11. The having crews on the road placing barri- State Auditor Rebecca Otto said panel, chaired by Sen. Steve Murphy cades across the roads. explained an auditor’s report detailing the (DFL-Red Wing), considered three mea- The measure was laid on the table use of administrative penalties. She said sures relating to student transportation temporarily. local units of government report using the safety. Sen. Rick Olseen (DFL-Hewitt) S.F. 2539, sponsored by Sen. Scott administrative penalties for a variety of carried all three measures. Dibble (DFL-Mpls.), eliminates the fee reasons including reduced local govern- S.F. 3535 creates an Office of Pupil for identification cards for seniors. Dibble ment aid and an attempt to reduce the Transportation Safety. Olseen said a said the idea is to eliminate the fee so that burden on the courts. legislative auditor’s report recommended seniors who cannot afford the fee will be A motion to approve the bill and better inspection of school buses. The bill able to get the identification cards. He re-refer the measure to the Judiciary Com- creates the office, under the Division of said the identification cards allow seniors mittee failed on a divided voice vote. the State Patrol, and requires a minimum

32 of 15 school bus vehicle inspectors. The was approved and advanced to the State machinery that has been temporarily or measure also requires the office to develop and Local Government Operations and permanently mounted on a commercial and maintain a consistent record-keeping Oversight Committee. motor vehicle chassis. In addition, the bill system to document school bus inspec- A bill, S.F. 3027, requiring the exempts spotter trucks from the tax on tions, out-of-service school transportation commissioner of transportation to post motor vehicles and defines spotter trucks vehicles and driver files. The measure also warning signs on trunk highway bridges as a truck-tractor used exclusively for requires periodic audits of selected school generated considerable debate. The staging or shuttling trailers in the course districts to determine compliance with measure, sponsored by Sen. Mee Moua of a truck freight operation or freight ship- statutory requirements concerning school (DFL-St. Paul), requires three colors of ping operation. Finally, the bill requires bus driver employee background and warning signs to indicate the bridges’ the commissioner of transportation, in license checks. The bill was approved and status. Representatives of the Dept. of cooperation with the Met Council and re-referred to the Finance Committee. Transportation spoke in opposition to the representatives of counties, cities and S.F. 2988 sets forth licensing require- bill. The information is available on the towns, to study the benefits, feasibility and ments for drivers of type III school buses. department’s web site and the warning cost of adopting a complete streets policy. Type III school buses include vans and signs would unnecessarily alarm drivers, Murphy said the panel would hear vehicles used to transport students other they said. The measure was laid over. testimony on the bill, but that the bill than regular school buses. Olseen said S.F. 3564, carried by Murphy, corrects would be laid over for further work and the drivers of type III school buses do not a typographical error in provisions relating discussion. need a full school bus driver’s endorse- to the compressed natural gas special fuel ment under the bill, but do need to meet excess tax transitional rate. The measure Red Cross disaster vehicle regis- more stringent requirements than a nor- was approved and re-referred to the Fi- mal driver’s license entails. The measure nance Committee. S.F. 3502, authored by tration tax exemption okayed was approved and advanced to the full Sen. Rod Skoe (DFL-Clearbrook), modi- Members of the Transportation Bud- Senate. fies provisions regulating farm vehicles on get and Policy Division, acting as a stand S.F. 3561 modifies school bus defini- highways. The measure defines implement alone policy committee, held an abbrevi- tions and driver’s license requirements. of husbandry as a self-propelled or towed ated afternoon meeting Thurs., Mar. 13, Olseen said the measure is more of a vehicle designed or adapted to be used to hear four bills. technical bill. He said the primary change exclusively for timber-harvesting, agri- S.F. 3549, carried by Sen. LeRoy is specifying that a type A-I school bus cultural, horticultural or livestock-raising Stumpf (DFL-Plummer), authorizes may have a gross vehicle weight rating of operations. vehicle combinations with gross vehicle 14,500 pounds, rather than the current S.F. 3419, carried by Sen. Dan Larson weight up to 105,000 pounds hauling 10,000 pounds. He said the type A bus is (DFL-Bloomington), authorizes each state canola oil on specified routes in the state. a van cab, with a bus body. A type A-II hospital and institution for mentally ill The bill also provides for annual permits vehicle is heavier with a gross vehicle persons to have one unmarked vehicle for the vehicles with a fee of $850. The weight rating of 21,000 pounds, Olseen and allows county social service agencies measure was approved and advanced said. The bill was approved and sent to to have unmarked vehicles for child and to the Finance Committee. S.F. 2580, the Senate floor. vulnerable adult protective services. In authored by Sen. Yvonne Prettner Solon Olseen sponsored one additional bill, addition, the unmarked vehicles may have (DFL-Duluth), exempts vehicles owned S.F. 3383, modifying provisions governing tax exempt license plates. The bill was by nonprofit charities and used exclusively the requirement of USDOT carrier num- approved and sent to the full Senate. S.F. for disaster response and related activities bers. Olseen said the bill exempts farm 2938, carried by Sen. John Doll (DFL- from vehicle registration taxes and fees. trucks not used in interstate commerce, Burnsville), exempts two wheel motor- The bill was approved and re-referred to vehicles not used in intrastate commerce ized vehicles from the wheelage tax. The the Committee on Taxes. or interstate commerce or vehicles owned measure was approved and re-referred to S.F. 3369, sponsored by Sen. Kathy and used solely in the transaction of of- the Taxes Committee. Saltzman (DFL-Woodbury), requires a ficial business by the federal government, S.F. 3545, sponsored by Sen. Michael minimum of 30 minutes of instruction on the state, or any political subdivision from Jungbauer (R-East Bethel), changes a pupil transportation laws and penalties the USDOT number requirement. The number of transportation related provi- for violations of those laws. In addition, bill was approved and advanced to the full sions. The bill requires the commissioner the bill requires the inclusion of pupil Senate. of transportation to factor in the insur- transportation laws in the driver’s license In other action, the panel considered ance industry crash-cost ratings when examination and in the driver’s manual. a variety of measures. S.F. 3224, sponsored setting project priorities for trunk highway Sen. Scott Dibble (DFL-Mpls.) offered an by Sen. Scott Dibble (DFL-Mpls.), creates and state-aid projects. The measure also amendment requiring the driver’s educa- an Advisory Committee on Nonmotorized includes pickup trucks and vans with a tion to include instructions about the laws Transportation. The measure specifies the gross vehicle weight of 9,000 to 12,500 relating to bicycles and other non-motor- membership of the committee and re- pounds, but not used for commercial ized vehicles. The amendment was adopt- quires the committee to make recommen- enterprise, as a passenger automobile. The ed. The bill was approved and advanced dations on items related to nonmotorized bill also defines special mobile equipment to the Education Committee. S.F. 2007, transportation, including safety, education and specifies that special mobile equip- authored by Sen. Jim Carlson (DFL-Ea- and development programs. The measure ment does not include dump trucks or gan), requires the seller of a motor vehicle

33 Committee update to disclose if a vehicle has sustained dam- Sen. Sharon Erick- age exceeding 60 percent of its value. The son Ropes (DFL-Winona) bill was approved and sent to the Judiciary presented S.F. 3412. The bill Committee. S.F. 2990, authored by Sen. increases the allowable speed Kevin Dahle (DFL-Northfield), removes of neighborhood electric the prohibition on planning and develop- vehicles from 25 to 35 mph ment for the Dan Patch Commuter Rail and identifies vehicles that Line. The measure allows the Metropoli- can operate at 35 mph as me- tan Council to consider the rail line in dium-speed electric vehicles. developing its 30-year transportation plan. Erickson Ropes said the bill The measure was approved and advanced is aimed at encouraging a to the Senate floor. growing industry and helping to meet a growing demand Railroad Walkway bill gains for zero-emission cars. A The Transportation Budget and manufacturer of the cars said Policy Division reconvened for an eve- that the 25 mph limit hin- ning meeting Thurs., Mar. 13, to hear a ders traffic and discourages variety of bills. use. The bill was approved S.F. 3572, sponsored by Sen. Scott and advanced to the Senate Dibble (DFL-Mpls.), is the Railroad floor. The measure was also Walkway Safety Act. The bill describes designated for inclusion in the general requirements for walkways the omnibus transportation by railroad tracks such as allowable types policy bill. of surface material, the maximum eleva- S.F. 2502 aligns Mn- tion for cross slopes, and the requirement DOT’s transportation for a minimum width of two feet. The funding priorities with the bill also specifies the locations of tracks Metropolitan Council’s where walkways must be constructed and metropolitan development provides an exemption from compliance guide, transportation policy during maintenance activities or any plan, and regional develop- period of heavy rain, snow, or derailment. ment framework. Sen. Ron The measure also provides that a formal Latz (DFL-St. Louis Park), complaint may not be filed until the filing chief author, said the Met party has attempted to address the viola- Council has a thorough pro- Shelly Lyon, Marshall, tells members of the Transpor- tions with the rail carrier. Finally, the bill cess for identifying projects tation Budget and Policy Division, Tues., Mar. 11, exempts track that was placed in service to receive federal funding that she is “one of the lucky ones” because she is able before July 1, 2008, from many of the that is set out by the Trans- to rely on public transit to get to her jobs and volun- walkway requirements, until the track is portation Advisory Board. teer activities. Senators were hearing a bill dealing repaired, replaced or resurfaced. The mea- The Met Council process is with a state transit implementation plan and needs sure was approved and re-referred to the collective and the opposite assessment. Business, Industry and Jobs Committee. of earmarking, said Latz. Photo by David J. Oakes S.F. 2462, sponsored by Sen. Jim Pat Bursaw of MnDOT, S.F. 2755, sponsored by Sen. Kevin Vickerman (DFL-Tracy), provides about whose office is responsible for formu- Dahle (DFL-Northfield),provides a vari- $2.9 million in loan forgiveness to the lating the department’s plan, said the ance so that the office of deputy registrar Buffalo Ridge Regional Railroad Author- department opposes the bill for financial ity. Vickerman said that the rail has not may move from Scott County to Le Sueur and procedural reasons. The bill would been able to make payments on the loan County—across the street. The bill was issued for purchase and rehabilitation redirect state highway funds to locally ini- tiated projects, said Bursaw. That redirec- approved and recommended for the of the line, and debt has deterred new Consent Calendar. The measure was also business. The rail provides a vital service tion would take funds away from preserva- tion and safety projects. designated for inclusion in the omnibus transporting ethanol from the Laverne bill. ethanol plant, said Rock County Admin- Murphy said that it was important for S.F. 3615, sponsored by Sen. Jim Carl- istrator Kyle Oldre. MnDOT to be able to operate with the son (DFL-Eagan), specifies that payment Bill Gardner of the Dept. of Trans- proposal, because it will be included in portation said the department opposes the omnibus policy bill. of vehicle taxes and fees by dishonored the bill because it sets a precedent, and An amendment was adopted to check results in suspension of the person’s basically turns the program into a grant specify that projects are contingent on driver’s license. Jim Hurst, representing program. However, he said, it is important available funding. Murphy suggested Bur- the Minnesota Deputy Registrars Associa- to preserve the corridor. The bill was ap- saw help craft language to make the bill tion, said the bill corrects a loophole in proved and re-referred to the Committee workable for the department. The bill was existing law. The bill was approved and on Finance. re-referred to the Finance Committee. advanced to the Committee on Finance.

34 S.F. 3402, presented by Division 14, to consider the omnibus transporta- als and legal documents. The amendment Chair Steve Murphy (DFL-Red Wing) on tion policy bill. The measure, S.F. 3223, was not adopted. behalf of Sen. Dan Skogen (DFL-Hewitt), carried by Division Chair Steve Murphy Sen. John Doll (DFL-Burnsville) of- transfers a highway right-of-way in Otter (DFL-Red Wing), contains numerous bills fered an amendment extending the transit Tail County to the state rail bank. The heard throughout the session relating to taxing district to Farmington and Lakev- measure was approved and advanced to transportation. The measure also contains ille. The amendment was adopted. the Senate floor. The measure was also provisions that were in last year’s omnibus The bill was approved and advanced designated for inclusion in the omnibus transportation bill. to the Committee on Finance. bill. Murphy said the bill classifies seatbelt Before taking up the omnibus policy S.F. 3439, presented by Murphy on violations as primary offenses, requires bill, members considered three measures. behalf of Sen. Julianne Ortman (R-Chan- passenger restraint for children under the S.F. 3545, sponsored by Sen. Michael hassen), exempts one qualified motor age of eight in motor vehicles and imposes Jungbauer (R-East Bethel), requires the vehicle or motorcycle from the motor curfew and passenger restrictions on pro- department to consider the most recent vehicle sales tax when purchased by a visional driver’s license holders. Many of insurance industry standards when adopt- member of the armed forces. The measure the provisions had been heard in the last ing highway and road design standards was approved and re-referred to the Tax few days, he said. and reclassifies some trucks and vans for Committee. The bill was also recom- The measure also makes a number of registration purposes. The bill was re- mended for inclusion in the omnibus bill. changes to transportation development referred to the Taxes Committee. Sen. Mee Moua (DFL-St. Paul) car- provisions enacted last year. S.F. 2991, authored by Murphy, ried two bills. S.F. 2642 modifies the safe Murphy said the bill will not come amends provisions relating to design-build at home program. Moua said the safe at back from conference committee without transportation projects. The bill changes home program allows victims of domestic one important provision; the classification provisions relating to disclosure of con- violence to establish a designated address, of seatbelt violations as a primary offense. struction project cost estimates and pro- other than their residence, to be used He said the late Kathy Swanson, an em- posal scoring. Betsy Parker, MnDOT, said for driver’s licenses and other purposes. ployee of the Dept. of Public Safety, spent there were some provisions the depart- The bill was approved and advanced to most of her career advocating for classify- ment opposed. She said the department the Senate floor. The measure was also ing seatbelt violations as a primary offense could not record every meeting as required designated for inclusion in the omnibus and that he was determined the provision under the bill. In addition, a provision bill. S.F. 2644 rolls back all the criminal become law. requiring rejection of nonresponse propos- offense surcharges, the surcharge on the Sen. Kathy Saltzman (DFL-Wood- als is opposed by the department, Parker DWI license reinstatement fee, various bury) offered an amendment requiring said. Murphy moved to lay the bill on the court fees and public defender co-pays to that MnDOT have one deputy com- table. The motion was adopted. 2003 levels. missioner who is a licensed professional Murphy also sponsored a bill, S.F. Sen. Rick Olseen (DFL-Harris) said engineer. Saltzman said the bill does not 2987, requiring the Department of the state should continue to charge the limit the number of assistant commission- Transportation to report on methods for surcharge for DWI license reinstatement ers, but does restrict the department to determining product efficacy and safety. to show strong disapproval of driving one deputy commissioner. She said the Murphy said the bill aims to develop stan- while intoxicated. Moua said it was a language in the bill represents a compro- dards for treated wood used in highway public safety issue because if the surcharge mise, but the amendment is the original projects, such as sound barriers. Parker is too onerous, people drive without a bill. Murphy said the department does not said the issue is the environmental effects license. Murphy said Moua made a good support the amendment, but is willing to of the substances used to treat the wood case, but the committee could make a work toward a compromise. The amend- products, because the department is li- better case for keeping the surcharge. He ment was adopted. able for environmental damage. Murphy said the surcharge is punishment, period. Murphy offered an amendment to moved that the bill be included in the Members adopted an amendment deleting allow planning for the Dan Patch Com- omnibus transportation bill, S.F. 3223. the provision. Sen. Rod Skoe (DFL-Clear- muter Rail Line, but keeping in place a The motion prevailed. brook) said that in light of the state’s bud- prohibition on engineering, design and get shortfall, he could not support the bill. construction. The amendment was ad- Moua said the bill leaves a $120 million opted. Murphy also offered an amendment hole in the budget, but that $120 million to study whether the future replacement MyBills system available is raised from people least able to afford of the Lafayette Bridge is compatible with The MyBills personalized bill tracking it. “We are making justice unaffordable,” a future transit line. The amendment was system is now available. Users can add Moua said. She moved the bill be sent to adopted. Another amendment, offered by House and Senate bills to their lists by the Finance Committee without recom- Murphy, deletes provisions relating to the bill number, subject, or author, and view mendation. The motion was approved. retrieval of belongings from impounded the legislative status of their bills, with vehicles. Sen. Scott Dibble (DFL-Mpls.) items with significant current floor action Omnibus policy bill okayed opposed the amendment. He said the pro- highlighted. Users can modify their lists at Members of the Transportation visions allow very low income individuals any time. The MyBills system is available Budget and Policy Division, acting as a to retrieve contents such as medicine, from the Legislative website at: http:// stand alone policy panel, met Fri., Mar. clothing, eyeglasses, educational materi- www.house.mn/leg/billsublogin.asp

35 Senate Briefly

Page 2 Highlights

Page 5 Committee update

A memorial to PFC Moises A. Langhorst, Moose Lake, lies on the Capitol Rotunda floor Wed., Mar. 19, as part of an exhibit commemorating Iraq war casual- ties. Photo by A.J. Olmscheid

March 20, 2008 Senate Highlights Bridge collapse fund passed payment agreements for utility services. variance from a licensure disqualification Senators met Mon., Mar. 17, and H.F. 2816, authored by Sen. Kathy Sheran for community based corrections. S.F. granted final passage to a bill creating (DFL-Mankato) establishes a process for 2786, sponsored by Sen. Linda Scheid a compensation fund for victims and making the county-auditor position ap- (DFL-Brooklyn Park), modifies the effec- survivors of the I-35W bridge collapse. pointive, rather than elective, in Nicol- tive dates for restricted plumber’s licenses. The measure, H.F. 2553, sets an individual let County. S.F. 1918, sponsored by Sen. S.F. 2628, authored by Sen. David Tomas- compensation cap of $400,000 and lifts Yvonne Prettner Solon (DFL-Duluth), soni (DFL-Chisholm), requires audits of the $1 million per incident cap in current creates the Ultra High-Speed Broadband the trucking industry to determine wheth- law. The bill, carried by Sen. Ron Latz Task Force. H.F. 1219, carried by Sen. er there has been a persistent pattern of (DFL-St. Louis Park), requires parties Betsy Wergin (R-Princeton), removes misclassifying independent contractors. who accept a compensation offer to waive sunset dates for weight exemptions for S.F. 3158, carried by Sen. Dan Skogen their right to sue the state or the city of milk trucks. S.F. 457, authored by Sen. (DFL-Hewitt), requires Explore MN Tour- Minneapolis. Latz said, during debate at Dan Larson (DFL-Bloomington), estab- ism to study vacation rental lodging. the previous floor session, that the bill lishes single member school board districts Sen. Don Betzold (DFL-Fridley) was an attempt to find a middle ground in ISD # 271, Bloomington. carried two measures. S.F. 2390 clarifies between the hearts and minds of members In addition, Senators granted final the collection and use of Social Security of the Joint Subcommittee on Claims passage to several bills on the Consent numbers. S.F. 2653 establishes a conflict of in formulating a plan. The measure was Calendar. S.F. 3147, carried by Sen. James interest exception for certain school con- granted final passage on a unanimous roll Metzen (DFL-South St. Paul), repeals tracts for professional and other services. call vote. a sunset date of the blind and disabled S.F. 2941, carried by Sen. John Marty In other action, members granted persons accessible electronic information (DFL-Roseville), modifies provisions for final passage to several additional bills on service. S.F. 3443, authored by Sen. Paul prescribing and filling drugs, requires a the Calendar. Koering (R-Fort Ripley), designates July physical examination of the patient by a H.F. 2827, sponsored by Sen. Ann 27 of each year as Korean War Veterans physician for specific drugs and prohibits Lynch (DFL-Rochester), allows cities of Day. S.F. 2830, carried by Sen. Dan Sparks the exclusion of designated family mem- the first class to fund county historical so- (DFL-Austin), repeals the expiration date bers, caregivers or other individuals from for laws governing payroll card accounts cieties. H.F. 2907, authored by Sen. Gary handling legend drugs for the purpose of and report requirements. S.F. 3084, carried Kubly (DFL-Granite Falls), authorizes a assisting a person in obtaining or adminis- by Prettner Solon, corrects an error in process for making the offices of county tering the drugs. recorder and county auditor-treasurer ap- platting in the legal description of land pointive, rather than elective, in Yellow administered by the Spirit Mountain Medicine County. H.F. 3368, carried by Recreation Area Authority. ‘Good faith’ bill approved Sen. John Doll (DFL-Burnsville), sets fil- Members also considered bills on A bill governing insurers’ claim ing deadlines for certain reports, regulates General Orders on topics ranging from handling practices with their policyhold- customer payment arrangements during plumbers’ license requirements to educa- ers was granted preliminary passage by the cold weather period and regulates tion background checks. Senators, Tues., Mar. 18. S.F. 3564, carried by Sen. Steve S.F. 2822, authored by Sen. Tarryl Murphy (DFL-Red Wing), corrects a Clark (DFL-St. Cloud), requires insur- Senate Briefly is a publication of typographical error in the omnibus trans- ers to act in good faith when denying the Minnesota Senate Publications portation finance bill. H.F. 1546, carried insureds’ claims. Clark said the bill at- Office. During the regular Legislative by Sen. Dan Larson (DFL-Bloomington), tempts to address a problem with insureds Session, it is produced weekly. The provides for automatic updates of address not getting what they paid for. This is one publication is a service of the Minne- changes of voter registration. H.F. 3099, of the few places in law where we do not have a deterrent against acting without sota Senate. It can be made available authored by Sen. Linda Higgins (DFL- Mpls.), requires emergency management good faith, she said. Clark said the bill in alternative formats. training for executive branch employees is limited to first-party claims—those involved in disaster response or home- between the insurer and insured—and Editor/Writer: land security. H.F. 2636, sponsored by adopts Wisconsin’s standard for good Karen L. Clark Sen. Tom Saxhaug (DFL-Grand Rapids), faith. Under the standard, the insured authorizes recognition of service and park must show, first, that the insurer lacked Assistant Editor/Writer: beautification expenditures by town- a reasonable basis for denying benefits Joshua A. Dorothy ships. S.F. 2369, sponsored by Sen. Ann and, second, that the insurer acted with Rest (DFL-New Hope), requires criminal knowledge or reckless disregard for the Writer: background checks on individuals provid- lack of a reasonable basis. The bill limits Danielle Cabot ing student athletic coaching services and insureds’ recovery to economic damages other extracurricular and cocurricular and permits, but does not require, courts services. S.F. 1965, sponsored by Sen. to award attorney fees. The goal was not Photographers: Linda Berglin (DFL-Mpls.), expands the to get consensus, Clark said, but to find David J. Oakes situations in which the commissioner of something that most parties could live A.J. Olmscheid human services must consider granting a with.

2 the Senate Calendar and the Consent Calendar. H.F. 1546, carried by Sen. Dan Larson (DFL-Bloomington), provides for auto- matic updates of address changes of voter registration. S.F. 3564, authored by Sen. Steve Murphy (DFL-Red Wing), corrects a typographical error relating to the tran- sitional rate of the special fuel excise tax on compressed natural gas. H.F. 3099, car- ried by Sen. Linda Higgins (DFL-Mpls.), requires emergency management training for executive branch employees involved in homeland security or disaster response. H.F. 2636, sponsored by Sen. Tom Sax- haug (DFL-Grand Rapids), authorizes recognition of service and park beautifica- tion expenditures by townships. S.F. 2369, sponsored by Sen. Ann Rest (DFL-New Hope), requires criminal background checks on individuals provid- ing student athletic coaching services and other extracurricular and cocurricu- lar services. S.F. 1965, authored by Sen. Linda Berglin (DFL-Mpls.), expands the situations in which the commissioner of human services must consider granting a variance from a licensure disqualification for community based corrections. S.F. 2786, carried by Sen. Linda Scheid (DFL- Brooklyn Park), modifies effective dates for restricted plumber licenses. S.F. 2628, authored by Sen. David From left, Majority Leader Lawrence Pogemiller (DFL-Mpls.), Minority Leader Tomassoni (DFL-Chisholm), requires David Senjem (R-Rochester) and Assistant Majority Leader Tarryl Clark (DFL-St. audits of the trucking industry to deter- Cloud) enjoy a lighter moment in the Senate Chamber. Photo by David J. Oakes mine whether there has been a persistent pattern of misclassifying independent con- Members adopted an amendment, offer and the final award, up to $100,000. tractors. S.F. 3158, carried by Sen. Dan offered by Clark, requiring insureds to A benefit to this approach is that insur- Skogen (DFL-Hewitt), requires Explore include the “good faith” claim in an exist- ers’ exposure is more easily quantifiable, Minnesota Tourism to study vacation ing lawsuit against the insurer to recover Scheid said, permitting insurers to control rental lodging. the policy benefits. This amendment seeks and calculate premium increases. She S.F. 2390, sponsored by Sen. Don to avoid having two lawsuits, she said, and noted that while all other states have Betzold (DFL-Fridley), clarifies the collec- is based on provisions from our punitive some good faith provision in law, not all tion and use of Social Security numbers. damages statute. states offer attorney fees. S.F. 2653, also carried by Betzold, estab- Sen. Linda Scheid (DFL-Brooklyn Clark and Sen. Mary Olson (DFL- lishes a conflict of interest exception for Park) offered an amendment containing Bemidji) spoke against the amendment, school contracts and professional services. an alternate proposal. The amendment saying its definitions were not as clear as S.F. 2941, carried by Sen. John Marty goes a long way toward accepting the those in the bill. More cases will be forced (DFL-Roseville), modifies provisions for basics of the proposal in the bill, she said, to trial under this approach, Olson said, prescribing and filling drugs, requires a but it seeks to protect premiums from while the bill creates incentives for settle- physical examination of the patient by a significant increases. The amendment and ment. The amendment was adopted on a physician for specific drugs and prohibits the bill share the same two-part standard 37-30 roll call vote. The bill was granted the exclusion of designated family mem- for determining whether an insurer acted preliminary passage on a voice vote. bers, caregivers or other individuals from without good faith. The amendment re- handling legend drugs for the purpose of tains the possibility of attorney fees being Bills gain final passage assisting a person in obtaining or admin- awarded, but caps the fees at $40,000. In Prior to leaving for an extended istering the drugs. S.F. 2822, sponsored addition, the amendment provides for an weekend break back home in their dis- by Sen. Tarryl Clark (DFL-St. Cloud), additional award to the insured of half the tricts, Senators held a floor session, Wed., provides for penalties and attorney fees for difference between the insurer’s pre-trial Mar. 19, to grant final passage to bills on bad faith insurance claims practices.

3 Senate Highlights S.F. 3402, carried by Skogen, transfers Minnesotans while effecting cost savings She addressed potential challenges under a mile of highway right of way to the state was approved by members of the Finance ERISA and other federal laws, saying ini- rail bank. S.F. 2755, authored by Sen. Committee, Tues., Mar. 18. tiatives similar to portions of the bill have John Doll (DFL-Burnsville), allows the S.F. 3099, authored by Sen. Linda been upheld in other states. We are will- Deputy Registrar’s Office in New Prague Berglin (DFL-Mpls.), creates a statewide ing to look at other options, she said, but to move across the street, from one county health improvement program, imposes a the groups bringing objections have not to another. S.F. 3674, carried by Sen. Mee public health improvement assessment on suggested alternatives. The framework of Moua (DFL-St. Paul), corrects errone- hospitals and health plans, provides for the proposal has been negotiated success- ous, ambiguous and obsolete references. health care homes, creates a health insur- fully with the Governor’s Office, she said, S.F. 3555, authored by Sen. Julie Rosen ance exchange, provides for the establish- but a major difference is the use of health (DFL-Fairmont), allows appointments to ment of Section 125 plans, restructures care access fund dollars to expand public vacant positions on the Watonwan Soil and Water Conservation District Board. the health care payment system and health care program availability. S.F. 3461, carried by Sen. Claire Robling establishes a savings recapture assessment. Much of the panel’s discussion cen- (R-Jordan), changes the date by which Berglin said the bill tackles health care tered on the absence of final fiscal notes counties must provide summary budget availability and affordability on a number from the Dept. of Finance and affected data. of fronts. It addresses public health issues agencies. Lisa Miller, Dept. of Finance, One measure was granted preliminary that drive up the cost of health care, such said the projections from three agencies— passage on General Orders. S.F. 3313, as obesity and smoking, she said. Berglin the Departments of Health, Human Ser- sponsored by Sen. Gary Kubly (DFL- said the bill also seeks to reduce admin- vices and Revenue—are final. Other agen- Granite Falls), modifies physician licen- istrative costs in the payment system and cies are working diligently, Miller said, sure standards based on reciprocity. Kubly expand public health program availability. and the Dept. of Finance is attempting offered an amendment making technical We estimate the bill will increase to ensure that all agencies’ assumptions changes to conform with other laws. the number of insured Minnesotans by are consistent. Sen. Michelle Fischbach Members adopted the amendment and 27,000, she said. One goal of the effort is (R-Paynesville) said she was concerned granted preliminary passage. to achieve near-universal coverage with- about the committee advancing a proposal out enacting a health insurance mandate to the floor without having final numbers. Health care reform bill gains like Massachusetts did, Berglin said. In ad- Chair Richard Cohen (DFL-St. Paul) said A measure proposing a number of ini- dition, the bill will reduce the amount of acting without complete, final numbers tiatives to increase the number of insured uncompensated care at hospitals, she said. would not be unprecedented. We have the final figures from the major agencies -af fected by the bill, he said. Cohen said that if the final fiscal notes from the remaining agencies were significantly divergent from the preliminary estimates, the bill would likely return to the committee. Members advanced the bill to the full Senate on a voice vote.

Historical database available The Legislative Reference Library has developed a database, “Legislators Past and Present,” containing information about Legislators who have served since territorial times. The database’s information was com- piled from official legislative directories, obituaries, news clippings, family files and other sources. It contains information about terms of service, education, occupa- tion, party or caucus affiliations, leader- ship positions, represented communities and more. The database also includes informa- tion about Minnesota Legislators who served in other government functions, ranging from the local level to the na- Sen. Debbie Johnson (R-Ham Lake), left, reacts to petting a South American tional level. “Legislators Past and Present” chinchilla held by Minnesota Zoo volunteer Betty Goodman in the Capitol Rotunda is available online at http://www.leg.state. mn.us/legdb/index.asp during the Zoo’s “Day at the Capitol,” Tues., Mar. 18. Photo by A.J. Olmscheid Committee update Agriculture and Veterans promotion to anyone who dies in state proposed in the bill will offer better, more or federal service. The process currently detailed data for policymakers. Budget and Policy Division takes ten years, according to Koch. The Studies are good, but implementa- bill was approved and recommended to tion will be trickier, said Sen. Thomas Animal chiropractic licenses ok’d pass. Bakk (DFL-Cook). There is a cumulative The Agriculture and Veterans Budget S.F. 2449 makes it illegal to apply pes- impact to what we do, he said. If utility and Policy Division, chaired by Sen. Jim ticides to the wrong site or to a site where bills go up a few dollars a month because Vickerman (DFL-Tracy), heard four bills, an application has not been directed by of what we do, Minnesotans might be able Tues., Mar. 18. The panel was acting in its the property owner or manager. Bill spon- to pull through it, Bakk said. But if what role as a free-standing policy committee. sor Katie Sieben (DFL-Newport) said that we do causes people to lose their jobs, that S.F. 3165, sponsored by Sen. Gary if the bill is amended to expand the scope is a more serious situation, he said. Kubly (DFL-Granite Falls), establishes of pesticide usage that she would pull the Sen. Chris Gerlach (R-Apple Valley) animal chiropractic care educational crite- bill so that it does not become a rider to said the bill moves the state further down ria and provides for licensure of chiroprac- other pesticide related amendments. The the wrong path. We are on the path to tic care on animals. Licensed chiroprac- bill was approved and sent to the floor. energy rationing, he said, when what we tors are not allowed to practice on animals need to do is embrace a free market that under current law. will increase our standard of living. Jim Hulbert, a canine breeder, testi- Business, Industry and Jobs The bill was approved and advanced fied in favor of the bill, which would allow to the Finance Committee. an animal chiropractor to treat an animal Cap and trade bill gains A measure providing for legisla- Committee members, chaired by Sen. without a veterinarian referral. James Metzen (DFL-South St. Paul), also John Howe, mixed animal practi- tive involvement in the development of a regional cap and trade system for considered a bill banning certain chemi- tioner, said many infectious diseases and cals in children’s products. S.F. 1858, critical conditions may masquerade as greenhouse gas emissions was approved sponsored by Sen. Sandy Rummel (DFL- chiropractic problems, and animals should by members of the Business, Industry and White Bear Lake), bans bisphenol-A and be checked by a veterinarian before being Jobs Committee, Mon., Mar. 17. phthalates in infant formula cans and referred to a veterinary chiropractor. S.F. 2818, authored by Sen. Ellen An- children’s toys, clothing, sleep items and Veterinarian Pierce Fleming said an derson (DFL-St. Paul), also calls for stud- feeding tools. Bisphenol-A and phthalates animal husbandry working group that ies on the costs and benefits of a cap and addressed the subject did not reach con- trade system and how any revenue from are toxic, hormone-disrupting chemicals, sensus on whether there should be direct a cap and trade system can be directed to Rummel said, and the bill seeks to protect access or a referral based system. efforts to mitigate the economic costs of children under age three, who are most at Kubly said he plans to offer an the system. The bill is about collecting risk from exposure. Lindsay Dahl, Healthy amendment to address hygienic standards information and allowing the Legislature Legacy, said 11 other states are consider- or separate treatment areas for humans to monitor the process, which is being ing phasing out bisphenol-A, while phtha- and animals in an upcoming committee. controlled by participating states’ gover- lates have been banned in California, the Annie Seefeldt of the Minnesota nors, Anderson said. Members adopted nations of the European Union and 14 Animal Chiropractic Care said that chiro- an amendment, at Anderson’s request, other countries. practors are taught to recognize conditions representing a negotiated agreement Robert Rankin, International For- that are outside their field of expertise, on the scope of the studies. We need to mula Council, said the makers of infant and the bill requires extensive training. understand the broader context before we formulas are committed to producing safe, The bill also requires a post chiroprac- implement a cap and trade system, said nutritious formulas. The current scientific tic treatment report to a veterinarian, Diane Schmidt, Flint Hills Resources. It literature does not justify a prohibition, said Seefeldt. The bill was approved and is important to know what cap and trade he said. We lack sufficient information re-referred to the Committee on Health, will do to jobs, fuel prices and the cost of on the safety and utility of alternatives, Housing and Family Security. electricity, she said. Rankin said. The U.S. Consumer Prod- S. F 3755, sponsored by Sen. Amy Sen. Amy Koch (R-Buffalo) ques- uct Safety Commission and its European Koch (R-Buffalo), repeals a Persian Gulf tioned the need for more studies. We have Union counterpart have said that con- War ribbon authorization. The authoriza- already asked for this information from sumers do not need to fear soft plastic tion was okayed after the war to provide the Climate Change Advisory Group, she toys, which may contain bisphenol-A or recognition of federal service at the state said, and we haven’t gotten the answers phthalates, said Rob Harriet of the Toy level, however the federal government we asked for. Why do we think we will get Industry Association. The safety agencies provided their own recognition shortly answers if we just create a new group and have not made similar statements about after and the Minnesota ribbon was never ask for a new study, Koch said. Michael suggested alternatives for the chemicals, designed, according to Colonel Eric Ahl- Robertson, representing the Minnesota he said. ness, Department of Military Affairs. The Chamber of Commerce, said the advisory Members heard from scientists on bill was approved and recommended for group was frustrated that much of the data both sides of the debate, discussing numer- placement on the Consent Calendar. it got was societal. We need breakdowns, ous studies that have reached opposing Koch also presented a proposal from such as by industry or sector, he said, to conclusions. We need accurate, conclu- the governor’s Yellow Ribbon Task Force. help us better understand the real impact sive science before we should adopt a ban, S.F. 3756 presents an immediate brevet of cap and trade. Robertson said the study said Sen. Rod Skoe (DFL-Clearbrook). I

5 Committee update would rather err on the side of safety, said Paul Larson, deputy commissioner of The program gets the state ready for 10 Sen. Linda Scheid (DFL-Brooklyn Park). Dept. of Employee Relations, said a lot billion in federal grants for greenhouse gas We have been bombarded by chemicals, of labor communications are partisan or inventory that will be available in 2009, she said, and we need to be especially political in nature, and non-permanent said Jungbauer. Cities could also use it as cautious when it comes to children. These employees wouldn’t have access to the a planning tool, said the author. The bill products and the chemicals they contain grievance procedure. was approved and sent to the floor. do not know state borders, said Sen. Geoff The bill was approved and re-referred S.F. 3169, sponsored by Sen. Thomas Michel (R-Edina). If there is a problem, to the Judiciary Committee. Bakk (DFL-Cook), increases the amount then the solution needs to come from the Sen. Kathy Saltzman (DFL-Wood- of assistance not considered a business federal government, not from Minnesota bury) presented S.F. 2609, appropriating subsidy to $200,000; increases the amount acting alone, he said. The federal govern- $3 million for a jobs skills partnership of a loan or guarantee not considered a ment has dropped the ball, leaving it for program that encourages collaboration subsidy to $200,000; and increases the us to act, Scheid responded. between employers and higher education amount of a business subsidy that triggers Sen. Ron Latz (DFL-St. Louis Park) institutions. Richard Tweeten of MnSCU the requirement for public notice and offered an amendment removing the ban said the bill requires dissemination of hearing from $100,000 to $200,000. The on bisphenol-A and replacing the provi- products resulting from grants, such as bill also maintains the original values for sion with a study by the Dept. of Health. curricula, across the state. The bill also use in determining the criteria for award- California has already acted to address requires the board to establish a marketing ing subsidies after a public hearing. The the problems with phthalates and Min- plan. The bill was approved and re-re- bill was approved and re-referred to the nesota should follow, Latz said. A study on ferred to the Committee on Finance. Committee on Taxes. bisphenol-A will give us a better comfort S.F. 3083, also sponsored by Saltzman, S.F. 3632, sponsored by Sen. Ju- level before we consider a ban next year, appropriates $3 million in tax credits for lie Rosen (R-Fairmont), appropriates he said. The amendment failed on a voice investments in qualified high technology. $250,000 for construction of a major vote. Minnesota is ranked 26th in the nation economic design project to develop the A motion to advance the bill also for academic research and development state’s nanotechnology industry. The bill failed. investments, said Saltzman, and the bill assures participation from the academic encourages investment in high technology community and the BioBusiness Alliance, High tech investment plans ok’d companies looking for early stage invest- said Bob Hoerr of Nanocopeia. The bill The Committee on Business, Industry ment. was approved and re-referred to the Com- and Jobs, chaired by Sen. James Metzen Don Gerhardt of LifeScience Al- mittee on Finance. (DFL-South St. Paul), heard nine bills, ley said large scale venture firms are not S.F. 3471, sponsored by Sen. David Wed., Mar, 19. Many of the proposals investing as much in early stage oppor- Tomassoni (DFL-Chisholm), modi- related to investment in venture technol- tunities, and many angel investors have fies language regarding unemployment ogy. withdrawn their activity as they reach benefits. The bill also extends unemploy- S.F. 539, authored by Sen. David retirement age. The bill was approved and ment benefits for an additional 13 weeks Tomassoni (DFL-Chisholm), defines how re-referred to the Committee on Taxes. in counties where the unemployment labor unions can communicate with work- S.F. 3101 exempts interests in quali- rate is 1.8 times the state average for the ers in the workplace, and allows for the fied high technology businesses as a factor previous 12 months, and extends benefits use of email. The bill was amended to al- for determination of eligibility for state to workers laid off from the Ainsworth low businesses to determine the appropri- individual or corporate franchise taxes. Lumber Company in the city of Cook for ateness of volume and political content, Bill sponsor Sen. Mee Moua (DFL-St. an additional 26 weeks. and directs complaints to the applicable Paul) said the bill creates an opportunity The bill also extends benefits to indi- grievance procedure. to engage investors in high tech business. viduals that did not receive benefits due Teresa Joppa of AFSCME Council 65 The bill was approved and re-referred to to a computer program error, and makes said communication through email is the the Committee on Taxes. some additional minor changes. only way to effectively contact members S.F. 3476 establishes a regional in businesses that may be dispersed in emerging investment fund credit, and a Lee Nelson of the Department of many locations. seed capital investment credit for busi- Employment and Economic Development Dave Dederichs of the Minnesota nesses in border cities. Funding for the said that the unemployment insurance Chamber of Commerce said the bill is pre- regional emerging investment fund credit fund may be operating in debt as soon as empted by the National Labor Relations has already passed, said bill sponsor Sen. 2010, and of the three counties affected Board, which does not support use of busi- Keith Langseth (DFL-Glyndon). The bill by the new formula, one of the counties ness email systems to deal with non-work was approved and re-referred to the Com- has met those qualifications since at least communications. mittee on Taxes. 1999. Craig Johnson of the League of Min- S.F. 3341, sponsored by Sen. Michael Tomassoni said that the benefits were nesota Cities said the issue could be dealt Jungbauer (R-East Bethel), establishes a actually recommended by state budget with through collective bargaining and voluntary inventory of business energy experts, because the funds are sure to be common sense, but the bill satisfies the use. Municipalities must make a standard spent. The bill was approved and re-re- League’s concerns. inventory form available to businesses. ferred to the Committee on Finance.

6 Commerce and Consumer between cash and credit transactions. The touches on a variety of education topics, bill also permits retailers to set a minimum including education standards, teacher Protection amount allowable for credit or debit card preparation, school transportation and purchases. Sen. Mary Olson (DFL-Bemi- special education. Members reviewed the Gas, insurance bills heard dji) sponsored a bill, S.F. 3508, regulating proposal and heard from representatives of Members of the Commerce and Con- motor vehicle insurance adjustments. stakeholders on the bill’s provisions. Divi- sumer Protection Committee met Tues., Members adopted an amendment, offered sion Chair LeRoy Stumpf (DFL-Plummer) Mar. 18, to consider ten bills on a range by Olson, addressing concerns raised in an said a decision had not been made on of topics from gasoline retailing to flood earlier hearing on the bill. whether the bill would advance separately, insurance to real estate closing. All of the in whole or in part, or would be subsumed bills were advanced to the full Senate. into an omnibus budget proposal to be S.F. 3336, authored by Sen. Leo E-12 Education Budget assembled next week. Foley (DFL-Coon Rapids), prohibits the Division sale or lease of a motor vehicle that does not meet glazing material requirements, Variety of bills heard Economic Development clarifies exemptions to the glazing law and The E-12 Education Budget Division, Budget Division clarifies the requirements for a prescrip- chaired by Sen. LeRoy Stumpf (DFL- tion justifying glazed windows. S.F. 3446, Plummer), met Tues., Mar. 18, to consider Budget recommendations heard sponsored by Sen. Kathy Saltzman (DFL- bills ranging from district borrowing The governor’s budget recommenda- Woodbury), requires small employers to authority to teachers’ licensure. tions were the focus of the Mon., Mar. 17, be notified of the availability of flexible S.F. 2409, carried by Sen. Jim Carlson meeting of the Economic Development benefits plans. S.F. 2980, carried by Sen. (DFL-Eagan), authorizes an intermediate Budget Division. The panel, chaired by Kevin Dahle (DFL-Northfield), requires school district to borrow in anticipation of Sen. David Tomassoni (DFL-Chisholm), homeowners insurance policies to include revenue payments. The measure specifies heard from representatives of the various a notice of the availability of flood insur- borrowing limitations and sets forth repay- agencies under its jurisdiction. ance. ment conditions for the school districts. The recommendations call for a net H.F. 3411, sponsored by Sen. Debbie S.F. 3763, sponsored by Sen. Lawrence increase in general funding spending at Johnson (R-Ham Lake), specifies that if Pogemiller (DFL-Mpls.), modifies du- the Dept. of Employment and Economic a number is used to advertise a grade of ties of school superintendents relating to Development of $3.162 million in FY 09 gasoline, the number may not exceed the reporting requirements for anticipated and $10.14 million in FY 10-11. A sig- gasoline’s octane. The bill also contains a expenditures and student passage rates. nificant portion of the new spending is for number of technical weights and measures S.F. 3708, authored by Sen. Gen Ol- the SEED initiative, along with transfers proposals from the Dept. of Commerce. son (R-Minnetrista), provides for teacher from the workforce development fund and S.F. 3594, authored by Chair Linda Scheid licensure via portfolio and outlines the the special revenue fund. The proposal (DFL-Brooklyn Park), defines title insur- application content and fee requirements includes new general fund spending in FY ance, clarifies the role of a notary in resi- for candidates seeking licensure. Under 10-11, to the tune of $4.8 million, to sup- dential real estate closings and eliminates the bill, a candidate for initial licensure port additional bonds sold by the Housing an exception for some lenders not to have must submit one portfolio demonstration Finance Agency to address long-term qualified funds at a closing. pedagogical competence and one portfo- homelessness. For the Dept. of Labor and Sen. Dan Sparks (DFL-Austin) spon- lio demonstrating content competence Industry, the recommendations provide sored three bills. S.F. 3174 changes the consistent with the applicable Board of for a four percent reduction in operat- name of the Uniform Securities Act to Teaching licensure rules. ing budget, or $43,000 annually. Finally, the Minnesota Securities Act and makes a S.F. 2506, carried by Sen. David in the Dept. of Commerce, the proposal number of technical changes to the state’s securities laws. S.F. 1578 provides that Senjem (R-Rochester), restores wind raises $20.5 million in FY 09 and $22.5 consumers may pay fees related to freezing energy payments to school districts. S.F. million in FY 10-11 by removing the cap their credit records by non-credit card 1976, authored by Sen. Ron Latz (DFL-St. on securities registration fees and transfers payment methods. S.F. 2765 prohibits Louis Park), establishes a grant program $2 million from the special revenue fund health care providers from making direct to help communities promote, practice of money collected for the insurance fraud contact with anyone injured in an auto and cultivate positive child and youth prevention unit. accident for the purpose of influencing development. the injured person to receive treatment. All of the bills were laid over for pos- Mesothelioma funding okayed Sparks said the last bill is part of the sible inclusion in the division’s omnibus The Economic Development Budget state’s ongoing effort to combat insurance bill. Division, chaired by Sen. David Tomas- fraud through the use of runners. soni (DFL-Chisholm), heard six bills, S.F. 3328, carried by Sen. David Policy bill heard Wed., Mar. 19, including the chair’s own Tomassoni (DFL-Chisholm), waives an Members of the E-12 Education proposal to study mining related cancer oral disclosure requirement for pay-at- Budget Division met Wed., Mar. 19, to incidences on the Iron Range. the-pump transactions. Under the bill, begin consideration of the omnibus educa- S.F. 3603, sponsored by Sen. Rod gasoline retailers must disclose, using tion policy bill, S.F. 3001. Carried by Sen. Skoe (DFL-Clearbrook), clarifies when an a conspicuous sign, a price differential Charles Wiger (DFL-Maplewood), the bill Upper Red Lake business loan program

7 Committee update

Senators Julie Rosen (R-Fairmont), left, and Ellen Anderson (DFL-St. Paul) converse during a meeting of the Energy, Utilities, Technology and Communications Committee, Tues., Mar. 18. Photo by David J. Oakes must be repaid. Loans were made to small Health at the University of Minnesota. The bill was laid over for possible businesses in the area when fishing on Three intensive worker health studies inclusion in the omnibus economic devel- Red Lake closed completely, said Skoe, and two exposure assessments are planned opment bill. with the condition that the loans must according to Professor Jeffrey Mandel of Sen. Thomas Bakk (DFL-Cook) pre- be repaid when the fisheries recovered. the U of M. sented S.F. 3271, providing a tax credit to However, the fishing season still is not David Dederichs of the Minnesota insurance companies that invest through restored, said Skoe, and the bill changes Chamber of Commerce said they were not a fund manager in small to medium sized the language to require repayment when opposed to the policy, but were concerned Minnesota businesses. The investment the bag limit meets the regular statewide that the appropriation would result in must be directed to businesses in eco- limit. higher workers comp payments by em- nomically disadvantaged areas that need The bill was laid over for possible ployers and set a bad precedent. investment to expand. The program has inclusion in the economic development The bill was approved and sent to the a proven track record in other states, omnibus bill. Committee on Finance. said Paul Cassidy of Leonard, Street and Sen. Michael Jungbauer (R-East S.F. 3140, sponsored by Sen. Kathy Deinard. Bethel) presented S.F. 3692. The bill Sheran (DFL-Mankato), addresses train- National insurance companies that modifies a manufactured home relocation ing and recruitment of boiler operators. pay Minnesota premium taxes could re- trust fund, which aids manufactured home The bill reduced minimum ages for ceive tax credits equal to 80 percent of the owners in case of a park closure. The trust certain licenses but increases experience investment of designated capital after five fund fee collection process is confusing necessary to qualify, extends a temporary years, and a $100 million dollar aggregate and expensive, said Margaret Kaplan of license for certain licensed employees to investment is required, said Bakk. All Parks Alliance for Change. The bill operate higher class machinery, authorizes The bill was approved and re-referred redirects the fee to manufactured hom- the commissioner of labor and industry to to the Taxes Committee. eowners property tax statements instead. establish educational requirements for ap- The bill was approved and re-referred plicants, and sets a provisional license fee. to the Taxes Committee. The bill was approved and sent to the Energy, Utilities, Technology Tomassoni presented S.F. 3300, which floor. and Communications sets criteria for a study of mesothelioma S.F. 2926 sponsored by Sen. Linda and appropriates $4.9 million from the Scheid (DFL-Brooklyn Park) makes small Renewable energy bills heard workers compensation special fund. The changes and technical corrections to Members of the Energy, Utilities, funding would cover all studies necessary language addressing electrical, plumbing, Technology and Communications Com- to get to the bottom of these issues, said water conditioning, boiler and high pres- mittee held their final hearing to process John Finnegan Jr. of the School of Public sure piping professions provisions. bills, Tues., Mar. 18. The panel, chaired

8 by Sen. Yvonne Prettner Solon (DFL- Environment and Natural and allayed bait industry concerns. The Duluth), considered three bills relating to bill was approved and re-referred to the renewable energy. Resources State and Local Government Operations S.F. 3758, carried by Sen. John Doll and Oversight Committee. (DFL-Burnsville), makes a number of Omnibus policy bill completed S.F. 3690, sponsored by Chaudhary, The Committee on Environment and changes to help reconcile Minnesota’s re- provides a 150 foot setback for construc- Natural Resources, chaired by Sen. Sat- newable energy standard with federal law tion adjacent to a wildlife management veer Chaudhary (DFL-Fridley) reviewed area. The bill was amended to address and updates provisions. Doll also authored five bills, and approved the omnibus envi- a bill, S.F. 3698, permitting utilities to in- concerns expressed in previous commit- ronment policy bill, Fri., Mar. 14. tee testimony by preventing soil grade or clude solar energy projects in their conser- S.F. 2811, sponsored by Sen. Ann vation plan programs. The bill also directs preexisting vegetation from being altered Lynch (DFL-Rochester), makes changes within 50 feet of the area, rather than 100 the Office of Energy Security to convene a to the Permanent School Trust Fund feet. An amendment was also passed to stakeholder group to develop criteria and Advisory Committee, which has oversight exempt agriculture land from the 50 foot characteristics for a Minnesota-based solar of the trust lands. The bill is in response provision. Anoka County still opposed the rating and certification laboratory. Both to a 1998 auditor’s report concluding bill. The League of Minnesota Cities said bills were forwarded to the full Senate. the state needs to pay more attention to the amended bill was less problematic. S.F. 3528, sponsored by Sen. Sandy school trust obligations, said Lynch. The A section also exempts wildlife man- Rummel (DFL-White Bear Lake), requires bill changes the makeup of the committee agement areas from local restrictions on that by the end of 2012 at least 0.0125 to include individuals with expertise in hunting, dogs, and noise. The bill was laid percent of the electricity required to forestry, minerals and mining, real estate over for further work. be produced from renewable sources be development, renewable energy, finance S.F. 3621 makes changes to walleye generated by solar energy. The bill also and land management. The committee is size limits and the fishing opener date. directed to provide an annual report with provides that at least 60 percent of the re- Bill sponsor Chaudhary said the “let recommendations on improving efficiency quirement be distributed solar generation my people fish bill” changes the fish- and maximizing the long term economic located at customers’ sites. “This is like ing opener date from two weeks before return of the lands. Memorial Day, i.e. Mother’s Day in many planting a small seed for the future,” Rum- The bill was approved and re-referred mel said. She noted that wind generation years, to the Saturday nearest May 8. The to the Committee on Rules. current date causes unnecessary family used to be very expensive, but is now Sen. Mary Olson (DFL-Bemidji) competitive in the market. If we begin to conflict, said Chaudhary. With spring sponsored S.F. 3243, requesting $35,000 arriving earlier, and fall lasting longer, invest in solar now, we will be a leader by to stock 25 million walleye fry in Leech moving the date will lengthen the season 2025 when it is needed to supplement our Lake. Olson said that a fishery collapse in to benefit tourism and encourage more fe- production, she said. Minnesota has three the early 2000s has devastated the resort male and male anglers to participate, said great natural energy resources, biomass, and tourism industry in Walker. A stock- Chaudhary. The bill also says anglers must wind and solar, Rummel said, but we have ing effort in 2005 was wildly successful, release walleye smaller than 14 inches, only developed the first two. We have but not enough, said Olson. Larry Ander- which standardizes rules across the state, more solar generation potential than son of the Leach Lake Fishery Taskforce and requires the release of spawning size Miami and Houston, she said. said that stocking efforts have been light walleye in the first week. There is so much interest in this compared to other lakes, and data indi- A representative of the small resort around the state, said Sen. Ellen Ander- cates that reproduction rates have been industry said resorts barely have time to son (DFL-St. Paul), but not many ways low. prepare for the current opener, and mov- for people interested in solar to get into DNR biologist Dick Sternberg said ing the opener just extends dead time the market. This is a small, targeted effort that the DNR wants to give reproduction between the opener and Memorial Day that should not create a burden on our a chance to sustain the population, and is weekend. utilities, she said. I would hate to see us surprised it has not done so. The depart- Bob Meier of the DNR said that over focus on just one technology or limit how ment is finishing up a study on a potential a 20 year period, the May 8 date would utilities can meet the renewable standard, egg predator this summer, he said. The actually increase the number of Mother’s bill was approved and re-referred to the said Sen. Amy Koch (R-Buffalo). Even Day conflicts from 14 to 15 overlaps. The Finance Committee. DNR is also concerned about interfering though the bill is small and targeted, it S.F. 3576, sponsored by Sen. Ann with the breeding season. opens the door to many more proposals Rest (DFL-New Hope), provides for viral Chaudhary requested that in ex- restricting utilities seeking to meet the hemorrhagic septicemia control. The bill change for laying the bill on the table, standard, she said. If we do not act now, regulates permits and transportation of the committee allow Chaudhary to offer we will have nothing promoting solar here aquatic life that may spread the disease an amended bill as an amendment to the and we will lose, to other states, the jobs and establishes conditions for the buying omnibus bill later in the process. we know are coming in the solar industry, and selling of fish to prevent or slow the The committee constructed and Rummel said. spread of the disease. Chaudhary said that passed the omnibus environment policy A motion to advance the bill failed, he, the DNR and a representative from bill, S.F. 3885, which includes the envi- 7-7. the bait industry had discussed the bill ronmental policy, natural resources, game

9 Committee update and fish, and land articles. Most of the apolis biomass plant. The new language, from a monthly assessment on con- controversial bills heard over the session offered by Kandiyohi Development Part- sumer telephone bills, amounts to about are traveling separate from the omnibus ners, allows permitting of the plant under $500,000 more each year than is needed. bill, including the cap and trade proposal, the conditions that they hire at least 35 The TAP program provides assistance to said Chaudhary. A provision that prohib- percent of permanent employees from the hearing-impaired persons to communicate its a wood biomass plant in Minneapolis, Little Earth community, all diesel trucks over the telephone. S.F. 3393, is included in the bill but was bringing fuel to the site are equipped with Members also discussed two bills. amended. advanced emission filters, and actual emis- S.F. 3096, authored by Sen. Scott Dibble Sen. Rod Skoe (DFL-Clearbrook) sion levels are reported to the neighbor- (DFL-Mpls.), provides for an energy initiated a discussion on expanding a hood on a quarterly basis. An additional improvement financing program for state deer feeding ban to address the spread of amendment was adopted that bans the and local governments. S.F. 2949, spon- bovine tuberculosis. An amendment was burning of refuse-derived fuel at the site. sored by Sen. Julie Rosen (R-Fairmont), passed to expand the ban from 15 miles to The land article was the last to be enacts a local renewable energy initiative 30 miles of a cattle herd. considered. One amendment passed, to finance small-scale renewable energy An amendment prohibiting issu- deleting language capping a lease rate for projects and authorizes the sale of revenue ance of additional aquatic farm licenses a ski area on Gull Lake at two percent. bonds to fund the initiative. Both mea- on certain bodies of water was agreed Other language was kept to limit the lease sures were laid over. to by the committee. Sen. Dan Skogen adjustment in future years to the rate of (DFL-Hewitt) said that bait farmers in his inflation. district were no longer threatened by the The articles were incorporated into Health, Housing and Family proposal. S.F. 3885, approved, and re-referred to the Security The committee adopted language Finance Committee. from the other body prohibiting con- Community Care Act gains struction debris from being used as cover In light of the first committee dead- material at disposal facilities, except under Environment, Energy and line, the Health, Housing and Family certain specific conditions and procedures. Natural Resources Budget Security Committee met Fri., Mar. 14, to Former Sen. Bob Lessard spoke in clear bills from the agenda. favor of an amendment to put a citizen’s Division Members, chaired by Sen. John Marty council in charge of a natural heritage (DFL-Roseville), began by considering a Governor’s budget proposal heard proposal to expand home and community- fund that would be established if the en- The Environment, Energy and vironment and arts legacy proposal passes based long-term care services for older Natural Resources Budget Division met in the next election. The amendment was adults and family caregivers. S.F. 1931, Tues., Mar. 18, to hear testimony on the not adopted. sponsored by Sen. Sharon Erickson Ropes governor’s budget proposal and to consider The language of S.F. 3690, address- (DFL-Winona), establishes a statewide two bills. The panel, chaired by Sen. Ellen ing wildlife management area set-offs, was priority to enhance the mobility of older removed by the committee. However, the Anderson (DFL-St. Paul), began by hear- adults, establishes demonstration projects committee reconsidered the deletion later ing about the budget reductions targeted and establishes a tax credit for family care- in the meeting and voted to keep lan- at the Public Utilities Commission and givers of adults of all ages. Erickson Ropes guage allowing the DNR to purchase land metro parks under the purview of the said the bill strives to allow older Minne- adjacent to the Carlos Avery and Lamprey Metropolitan Council. sotans to stay in their homes longer. Dawn Pass Wildlife Management Areas located The governor’s proposal includes Simonson, Minnesota Council on Aging, in the city of Columbus. a 1.88 percent net reduction for Metro spoke in support of the measure. The game and fish article was Parks operation and maintenance, said The bill requires the Minnesota amended to allow bear and turkey to be Arne Stefferud, Metropolitan Council. Board on Aging, in cooperation with oth- taken by crossbow. A law passed last year He said the metropolitan regional parks er agencies, to establish a home modifica- allows crossbows during the deer firearms system includes 52,600 acres open for use tion program for low-to-moderate income season. with 33.2 million visits. The governor’s adults age 60 and older who do not qualify A moose biologist will be designated budget recommendation reduces general for other publicly funded programs. In ad- to study the declining moose population fund appropriations by $4.05 million in dition, the bill requires the establishment in northwestern Minnesota by an amend- FY 2008 and $3.888 million in FY 2009, of a volunteer transportation program and ment that was also approved. Stefferud said. In addition, the proposal a caregiver support program for family The committee okayed an amend- reduces lottery in lieu of sales tax funding caregivers. The bill also provides for a ment, by Sen. Scott Dibble (DFL-Mpls.), by $4.57 million in each fiscal year. home care tax credit for taxpayers who requiring the Minnesota Pollution Con- Burl Haar, executive secretary, Public care for a family member who would oth- trol Agency to report changes regarding Utilities Commission, said the proposal erwise be eligible for placement in a nurs- underground petroleum tanks to com- contains a one time transfer of $4 million ing home or other long-term care facility. munity leaders and Legislators within 30 from the telephone access plan (TAP) to The bill was approved and advanced days. the commission and reduces the general to the Taxes Committee. The committee approved an amend- fund appropriation by $4 million. He said Sen. David Tomassoni (DFL-Ch- ment addressing the proposed Minne- the TAP program revenue, which comes isholm) sponsored a measure, S.F. 3300,

10 directing the University of Minnesota to care reforms or major health care related health and requires the PBMs to include study workers’ lung health. Tomassoni legislation on all sectors of the health information on all rebates, discounts, or said mesothelioma, a type of cancer, was care system. Sheran said the model is to other forms of economic incentives that first thought to be caused by exposure to include access to the full range of health apply between the PBM and any prescrip- asbestos in industrial applications, but the care, public health, public and private tion drug manufacturer, in the disclosures. recent disclosures of the occurrence of health insurance coverage, long-term and Supporters said there needs to be more the disease in iron miners has created an continuing care, programs for persons transparency in the drug pricing process. urgent need to study the health of mine with disabilities and social services. She Opponents said PBMs are an excellent workers. Under the bill, the study must said the model must be developed with example of the private market adding include industry-specific worker mortal- safeguards to make sure that the model rationality to prescription drug pricing. A ity and morbidity studies, clinical disease and its assumptions and formulas are based representative from a PBM said disclosing studies, exposure assessments, case-control on valid and objective data, research and pricing information destroys competitive- screening of current and former workers expert opinions. In addition, the model ness in the marketplace. Members laid the and environmental studies that assess must be designed to identify risks of un- bill over. health impacts on workers and communi- predictable or unintended consequences, ties. The bill was approved and advanced cost-shifting between or within sectors of Department bills heard to the Finance Committee. the health care system and opportunities The Health, Housing and Family Se- S.F. 3699, authored by Sen. John Doll to make changes in one sector that will curity Committee met Mon., Mar. 17, to (DFL-Burnsville), requires prescription produce a benefit to other sectors. Sheran hear several bills suggested by the Dept. of information be kept confidential. Doll cited the example of beneficial changes Health and the Dept. of Human Services. said the bill is aimed at preventing data made in the public health sector having a S.F. 2232, carried by Sen. Betsy mining for commercial purposes. Under later beneficial effect on long-term care. Wergin (R-Princeton), makes changes the bill, commercial purpose includes, but Michael Scandrett, Safety Net Coalition, to nursing home moratorium provisions. is not limited to advertising, marketing, said the proposal is one of the recom- Wergin offered an amendment combining promotion, or any activity that could be mendations from a Health Care Access three technical bills into one measure. used to influence sales or market share Commission working group. The amendment was adopted. The bill of a pharmaceutical product, influence Lynch offered an amendment to modifies the Department of Health’s or evaluate the prescribing behavior of delete a section of the bill requiring the regulatory authority over several aspects of an individual health care professional, economic analysis of health care reform nursing facility operations. The measure or evaluate the effectiveness of a profes- plans devised by the Legislative Health also modifies provisions relating to the sional pharmaceutical detailing sales Care Access Commission, the governor’s administrative process for approving force. Members engaged in a wide ranging Transformation Task Force and a single exceptions to the facility and construction discussion on the practice of pharmaceuti- statewide plan. She said by the time the moratorium. The measure was approved cal detailing and whether physicians are analysis is available, the state will be and advanced to the full Senate. influenced by gifts from pharmaceutical already embarked on a reform process. Sen. Tony Lourey (DFL-Kerrick) representatives. The bill was advanced to Doll opposed the amendment and said sponsored a bill, S.F. 3571, exempt- the Judiciary Committee, without recom- the language is central to getting a grasp ing state-operated services clients, who mendation, with the understanding that on the costs and benefits of the various work in the day training and habilitation the stakeholders would come together to proposals. The amendment failed. vocational programs for therapeutic and work on provisions relating to information The bill was approved and advanced rehabilitative purposes, from the require- about certain rare diseases. to the full Senate. ment of being state employees. The bill Sen. Ann Lynch (DFL-Rochester) S.F. 3673, authored by Sen. Tony was approved and sent to the Senate sponsored a bill, S.F. 3315, expanding the Lourey (DFL-Kerrick), promotes commu- floor. S.F. 3563, authored by Sen. Sharon list of tasks class B home care aids may nity-based care for older adults through Erickson Ropes (DFL-Winona), makes a perform to include assisting with toileting, the establishment of community consor- number of changes to provisions relating transfers and ambulation if the client is tium demonstration projects. He said the to reimbursement to independent living ambulatory and has no serious illness or bill is aimed at helping consumers have skills services and other listed provid- infectious disease. Lynch said the bill was access to a full range of services, create ers through Medical Assistance waiver brought to her by a constituent who sug- an adequate supply of affordable home- programs to eliminate conflict with federal gested the changes as another method of based alternatives to nursing home care law. The measure was approved and sent reducing health care costs. Tom Stinson, and help manage chronic and complex to the full Senate. representing a care provider, said the bill medical conditions through better service S.F. 3168, carried by Sen. Linda allows for the more efficient use of nurses. coordination. The bill was approved and Berglin (DFL-Mpls.), makes changes to The measure was approved and advanced re-referred to the Finance Committee. General Assistance Medical Care, Medi- to the Senate floor. S.F. 3701, carried by Marty, requires cal Assistance and MinnesotaCare. The S.F. 3573, authored by Sen. Kathy pharmacy benefits managers (PBM) to bill also modifies provisions relating to Sheran (DFL-Mankato), provides for disclose all financial transactions related claims, liens and the treatment of assets the University of Minnesota School of to prescription drug pricing. The measure and establishes a statewide information Public Health to develop a model that requires PBMs to have a certificate of exchange. The measure was approved and assesses the impact of proposed health authority issued by the commissioner of sent to the Senate floor.

11 Committee update The panel, chaired by Sen. John treat animals well, but they do not have panel, chaired by Sen. John Marty (DFL- Marty (DFL-Roseville), also approved a the same status as humans, she said. For Roseville), met to complete work on its bill allowing dogs to accompany persons example, animals are checked into the agenda prior to the second committee patronizing outdoor cafes. The bill, S.F. cargo space of airplanes, she said. If own- deadline. 2232, allows municipalities to enact or- ers believe their animals would benefit Members spent the lion’s share of dinances to authorize dogs to accompany from chiropractic care, they should be the hearing discussing a bill, S.F. 3429, patrons of outdoor food and beverage able to obtain that care, Wergin said. It providing for an exception to the hospi- service establishments. Sen. Scott Dibble makes more sense to me for a veterinar- tal moratorium in order to allow for the (DFL-Mpls.), chief author, said, because ian, who specializes in animals, to be construction of a new psychiatric hospital more people are moving to downtown offering this treatment, rather than a in Woodbury. areas with sidewalk cafes and coffee shops, human-oriented chiropractor, said Sen. Jim Golden, Minnesota Dept. of a number of individuals and establish- Debbie Johnson (R-Ham Lake). It should Health Division of Health Policy, present- ments would like to be able to have dogs be a proposal for additional training for ed information about the department’s accompany their owners at the cafes. The veterinarians to practice chiropractic care, review of the need for a new psychiatric bill was re-referred to the State and Local she said. hospital in Woodbury. Golden said the Government Operations and Oversight Wergin offered an amendment pro- department is required to consider five Committee. viding that a chiropractor who practices factors in its analysis of a plan submit- on both animals and humans must have ted for public interest review: whether Animal chiropractic bill gains separate adjusting rooms, with the animal the new hospital is needed to provide A measure permitting chiropractors adjusting room non-carpeted. Wergin said timely access to care or access to new or to practice on animals was approved by the amendment seeks to help prevent the improved services; the financial impact of members of the Health, Housing and accidental transmission of disease from a new hospital on existing hospitals; how Family Security Committee, Wed., Mar. animals to humans. The amendment was the new hospital will affect the ability of 19. adopted. existing hospitals to maintain existing S.F. 3165, authored by Sen. Gary The measure was advanced to the full staff; the extent to which the new hospital Kubly (DFL-Granite Falls), permits Senate. will provide services to nonpaying or licensed chiropractors to engage in animal Kubly also authored S.F. 2902, which low-income patients; and the views of the affected parties. chiropractic care after completing at least provides that a supplemental health plan, Golden said the department received 210 hours of specialized education. Annie purchased solely to cover hospitalization a request from Prairie St. John’s, a North Seefeldt, a chiropractic student, and Jim expenses in excess of the MinnesotaCare Dakota health care organization, for a Hulbert, a dog breeder, discussed the ben- cap, does not make an enrollee ineligible public interest review of a proposal to efits of chiropractic care for animals and for MinnesotaCare. A motion to advance build a new 144-bed specialty psychiatric the bill to the full Senate failed on a its low availability in Minnesota. Kubly hospital in Woodbury. He said the depart- divided voice vote. said the bill is based on a similar provision ment’s review concluded that it is not in S.F. 2368, carried by Sen. Paul Koer- from Oklahoma. He noted that Oklahoma the public interest that Prairie St. John’s ing (R-Fort Ripley), requires the Dept. of has not had any reported problems under build a new psychiatric hospital in the Human Services to notify the Legislature its system, where a veterinarian’s referral is Metro Area. Golden said, the conclusion before the department relocates regional not needed before an animal can be taken does not mean that there aren’t problems treatment centers or state-operated nurs- to a chiropractor. with the mental health system in Minne- This proposal raises serious issues ing homes. The bill was forwarded to the sota, but the scale of the proposed project relating to the quality or standard of care, full Senate. S.F. 3353, authored by Chair is large relative to any documented need said Dr. Robert Washabau, a professor of John Marty (DFL-Roseville), provides rate for additional mental health beds in the veterinary medicine at the University of increases for nursing facilities and other Twin Cities. Golden said that recent Minnesota. A five-week course on animals long-term care and community-based mental health initiatives are expected to tacked on to a human-centered course of service providers. The bill was advanced reduce the need for hospitalizations and education is insufficient, he said, and does to the Finance Committee. S.F. 3030, also research indicates that with appropriate not compare to the time veterinarians carried by Marty, requires the commission- availability of intermediate resources, spend learning about animals and animal er of human services to convene a work a significant number of hospitalizations diseases. We would never accept having group to study the feasibility and cost of could be avoided. Finally, Golden said veterinarians take a five-week course on establishing a toll-free telephone number the department also concluded that the humans and then practice medicine on for mental health crisis calls. The measure proposal would likely have a negative humans, he said. It would be preferable to was re-referred to the State and Local financial impact on existing hospitals. adopt a structure where the veterinarian Government Operations and Oversight However, Golden said that during the makes a diagnosis and refers the animal to Committee. course of the study, staff heard a number a chiropractor if that is the right course of of individual stories that indicate the ex- treatment, Washabau said. Psychiatric hospital discussed isting system does not serve mental health We need to keep in perspective the The Health, Housing and Family patients well. differences between animals and humans, Security Committee reconvened for an Saltzman said there are other ways said Sen. Betsy Wergin (R-Princeton). We evening hearing Wed., Mar. 19. The to look at the report from the Dept. of

12 Health. “We’ve all heard stories of care Health and Human Services ing said under the governor’s proposal, delayed and care denied and that’s the both the University and the MnSCU wrong way to deliver services to those Budget Division system receive a 3.85 percent cut. The who need them,” said Saltzman. She reduction amounts to $27.2 million for said we hear about a medical arms race Review of gov’s budget continues the University and $26.6 million for the in health care. It is not okay for thou- Members of the Health and Human MnSCU system, Mohning said. The Of- sands of patients to be shuttled around Services Budget Division met Wed., Mar. fice of Higher Education is cut $111,000 the Midwest, she said. The department’s 19, to continue their examination of the under the proposal, Mohning said. He report indicates 2,600 people must travel governor’s budget proposal. The panel, said the proposal represents about a four to obtain the mental health or chemical chaired by Sen. Linda Berglin (DFL- percent cut in administrative expenses. dependency treatment they need, Saltz- Mpls.), heard from a variety of interested The budget proposal does appropriate $2.1 man said. persons commenting on the effects of the million to the University for a study of the Dr. Shaleen Kennedy, a psychiatrist, proposal. high incidence of mesothelioma among said, “We are desperate for psychiatric Iron Range taconite workers. beds; often people, when faced with long Higher Education Budget University of Minnesota President waits in hospital emergency rooms, simply Bob Bruininks said last year’s funding bill give up and go home.” Kennedy said Prai- and Policy Division had been a positive step forward, but the rie St. John’s offers high quality care and budget recommendations are a very real has an excellent reputation. Prairie St. Omnibus education bill gains setback. Bruininks said higher education John’s has taken proactive steps to provide Members of the Higher Education is one of Minnesota’s best investments. integrated care for mental health patients, Budget and Policy Division, chaired by “If we want to grow jobs and improve the she said. Sen. Sandra Pappas (DFL-St. Paul), began economy, we need to keep higher educa- John Ryan, Prairie St. John’s, said, their Tues., Mar. 18, hearing with a review tion accessible and affordable for all Min- one in ten patients in the Twin Cities of the governor’s budget proposal for nesota students,” Bruininks said. We have must travel outside the Metro Area to find higher education. Matt Mohning, Dept. of an obligation to watch the bottom line care and many others just go home. Ryan Finance, gave a high level summary of the and we have been successful at improv- said the proposed facility won’t even meet cuts proposed for the University of Min- ing the efficiency and effectiveness, he one third of the need for available beds. nesota and the Minnesota State Colleges said. “I’m not here to ask you to give the He said alternatives to inpatient care are and University (MnSCU) system. Mohn- University of Minnesota a pass, but I must not appropriate for patients having acute mental health episodes. Our charity care rates rival the best in the Twin Cities, Ryan said. Opponents said that everyone agrees there are problems with the mental health system, but we must be careful about thinking inpatient beds are the solution. In recent years, we have come to under- stand the need for integrated services for mental health patients that includes medical care, they said. Dr. Lisa Capell, Fairview, said the question comes down to a choice between high-cost treat- ment for the privileged few or spreading resources to benefit more people. Kathy Knight, Fairview, said the for-profit model does little to meet the needs of medically complex cases. Members laid the bill on the table. Marty said the measure sparked a good discussion and that the issue will be worked on in the coming months. In other action, the committee advanced one additional bill. Sen. Tony Lourey (DFL-Kerrick) sponsored a bill, S.F. 3780, allowing optometrists to dis- pense a legend drug at retail if the drug is administered to the eye through a contact Senators Patricia Torres Ray (DFL-Mpls.), left, and Linda Berglin (DFL-Mpls.) lens that is intended to correct vision. converse during the Senate’s Mon., Mar. 17, floor session. Photo by David J. Oakes

13 Committee update tell you that $27 million on the heels Judiciary bills, she said, the panel would amend S.F. of what we have experienced in the last 3235 to include a number of data practices years is too deep,” Bruininks said. He said Budget disclosure bills okayed bills already approved by the committee. the choices are rather grim, if we tried to Two bills modifying the state’s budget After adopting a series of amendments, solve this through cuts, about 400 people setting process were approved by members committee members advanced S.F. 3235 would lose their jobs; the other alternative of the Judiciary Committee at the panel’s to the full Senate. is to raise tuition. afternoon meeting, Fri., Mar. 14. The Jim McCormick, chancellor, Mn- committee, chaired by Sen. Mee Moua DHS child welfare bill gains SCU, echoed many of Bruininks con- (DFL-St. Paul), considered several ad- The Judiciary Committee, chaired cerns. McCormick said previous cuts led ditional bills at its final meeting before the by Sen. Mee Moua (DFL-St. Paul), met to several years of double digit tuition first committee deadline passed. Tues., Mar. 18, to consider bills ranging increases. Last year’s appropriation S.F. 2886, carried by Sen. Ann Rest from child welfare to aviation liability, to brought us up to where we were before the (DFL-New Hope), provides that the public land exchanges. cuts, but an additional cut of $26 million governor’s budget proposals are nonpublic The panel began with consideration will put us back in the hole, McCormick data until they are released, except for of the child welfare bill, S.F. 3166, spon- said. He said the budget developed by the legislative requests. The bill makes other sored by Sen. Patricia Torres Ray (DFL- MnSCU Board kept tuition increases at 2 changes to the requirements governing Mpls.). The bill adopts a new Interstate percent and provided for salary increases. budget proposals. S.F. 3307, sponsored by Compact for the Placement of Children, McCormick said the board has not ap- Sen. Richard Cohen (DFL-St. Paul), seeks regulates child and adult adoptions and proved a budget because of the governor’s to improve legislative access to budget regulates children in voluntary foster care proposed cuts. He said MnSCU either information and modifies budget-related for treatment. Erin Sullivan-Sutton and must increase tuition or resort to lay-offs deadlines. The bill contains many of the Deb Swenson-Klatt, both of the Dept. to resolve the proposed cuts. proposals also contained in S.F. 2886. of Human Services, reviewed the provi- S.F. 786, carried by Sen. Rod Skoe Committee members limited their consid- sions in the bill under the committee’s (DFL-Clearbrook), modifies the state eration to the data classification provi- jurisdiction. Many of the provisions dealt grant program. The bill reduces the sions in each measure. Both bills were with data practices and children in need student share of grants stipends from 46 advanced to the Finance Committee. of protective services (CHIPS) court pro- percent to 45 percent and provides for S.F. 3674, carried by Moua, is the ceedings. The bill clarifies that the social the calculation of the tuition and fee annual Revisor’s bill, making technical service agency must conduct a background maximum for a student enrolled in a corrections to existing statutes and laws. study to assess whether it is safe for a child four-year program for the academic year of The bill was recommended for placement to be in the care of a custodial or noncus- the grant. The measure was laid over for on the Consent Calendar. todial parent and adds requirements for an further consideration. Five bills were advanced to the assessment in cases involving an emer- The panel also considered provisions full Senate. S.F. 3574, authored by Sen. gency relative placement. The measure of the omnibus E-12 education policy Charles Wiger (DFL-Maplewood), in- also expands the eligibility of adoption bill. S.F. 3001, sponsored by Sen. Charles creases the compulsory school attendance assistance to include circumstances when Wiger (DFL-Maplewood), provides for age from 16 to 18. S.F. 3201, sponsored by a child’s relative desires to adopt a child. education excellence, makes changes in Rest, updates commercial driver’s license Members adopted an amendment to special programs and provides for self- provisions to comply with federal laws and align the language in the bill with another sufficiency and lifelong learning. Pappas regulations. S.F. 2007, carried by Sen. Jim bill moving through the process. The said the measure also contains sections Carlson (DFL-Eagan), changes the per- amendment was adopted. The bill was ap- relating to teacher education and training. centage of damage, from 70 to 60 percent, proved and advanced to the Senate floor. Members considered an amendment spell- of a vehicle’s actual cash value, before the Torres Ray also sponsored a bill, S.F. ing out requirements for teaching effective damage must be disclosed to a buyer. S.F. 3397, streamlining business filings with reading strategies. The amendment also 3396, authored by Sen. Ellen Anderson the secretary of state by foreign invest- provides for a Minnesota reading instruc- (DFL-St. Paul), permits homeowners with ment cooperatives. She said the bill is tion, competence assessment and pretest. subprime or negative amortization loans technical in nature and has been worked Cyndi Crist, MnSCU, and David O’Brien, obtained from 2001 to 2007 to obtain a on by the Secretary of State’s Office, the University of Minnesota, spoke in opposi- one-year deferment of foreclosure. Minnesota Bar Association and other tion to the amendment. O’Brien said the Sen. Mary Olson (DFL-Bemidji) car- interested parties. The measure was ap- approach needs to be more collaborative. ried S.F. 3235, which makes a number of proved and sent to the full Senate. However, Senators said the continuing technical changes in data practices provi- Sen. Yvonne Prettner Solon (DFL- gap in reading proficiency indicates the sions and provides for sharing non-identi- Duluth) sponsored two bills. S.F. 2866 need for more stringent training. The fiable data between the Dept. of Education requires the Dept. of Commerce to amendment was adopted. Members also and the Office of Higher Education for conduct a statewide inventory and map- adopted an amendment providing for research purposes. Moua said the Senate ping of broadband service. The measure comprehensive family life instruction. had not planned to have an omnibus data was before the panel because of a provi- The measure was approved and will be practices bill, but she recently learned sion specifying that the data provided by heard next in the E-12 Education Budget that the other body decided to have an service providers is not public. The bill Division. omnibus bill. In order to have companion also provides that the map information

14 will be public information. The bill was amendment contains the language of S.F. 2828, carried by Moua, modi- approved and sent to the full Senate. S.F. S.F. 3119, authored by Sen. Rick Olseen fies provisions relating to trespassing on 2491 regulates the conditions for denial (DFL-Harris), authorizing employees to critical public service property. Under the of aviation liability insurance claims. provide assistance and to be considered bill, trespassing includes being on prop- Prettner Solon said the bill specifies that as state employees for purposes of liabil- erty containing a utility or pipeline in an a claim may not be denied unless the in- ity. The bill was approved and advanced underground structure, whether or not sured’s action or failure to act had a direct to the Senate floor. S.F. 2399 modifies the structure is posted. Members adopted causal connection to the loss upon which public nuisance law provisions relating to an amendment clarifying what is and is the claim is based. The bill was approved evidentiary thresholds and the number of not included in the underground structure and advanced to the Senate floor. At a triggering incidents required for specific language. The measure was approved and later point in the hearing, the bill was offenses. Sen. Julianne Ortman (R-Chan- sent to the full Senate. reconsidered and the identical bill from hassen) offered an amendment to return Dibble also sponsored a bill, S.F. the other body, H.F. 2898, was approved the evidentiary standard to clear and 2809, increasing the civil penalties for and sent to the Senate floor. convincing, rather than preponderance smoking violations in nonsmoking hotel Sen. Tom Saxhaug (DFL-Grand as contained in the bill. The amendment rooms. The measure allows hotel own- Rapids) also authored two bills. S.F. 2651 was adopted. The bill was recommended ers to seek compensation for the cost provides for expedited exchanges of public to pass and sent to the full Senate. of cleaning in small claims court and land. Saxhaug said the measure is de- S.F. 2647, sponsored by Sen. Ann provides for a service charge. The bill was signed to deal with forest fragmentation. Lynch (DFL-Rochester), establishes the approved and sent to the Senate floor. S.F. He said the expedited exchange portion crime of disarming a peace officer of 3362, carried by Sen. Leo Foley (DFL- of the bill provides for consolidation of defensive weapons and provides a five- Coon Rapids), allows police officers to public land, which reduces management year felony penalty. The measure was be represented by an attorney or a union costs and aids in the reduction of frag- approved and sent to the Senate floor. representative or both at a disciplinary mentation. The bill was approved and S.F. 2381, carried by Sen. Dan Skogen hearing. The measure was approved and re-referred to the Finance Committee. S.F. (DFL-Hewitt), provides for an exception sent to the full Senate. 2806 clarifies the conflict of interest rules from the prohibitions on tinted windows Sen. John Doll (DFL-Burnsville) for local economic development authori- in vehicles used to transport police dogs. authored two measures. S.F. 3775 es- ties. Members adopted an amendment Members amended the language of the bill tablishes a pilot program to collect and reducing the penalty from a gross misde- onto H.F. 2602, the companion bill from process used paint. Doll said millions of meanor to a misdemeanor. The bill was the other body. The bill was approved and gallons of left-over paint enter the waste approved and sent to the Senate floor. advanced to the Senate floor. stream and efforts have been underway to S.F. 3098, authored by Sen. Tony S.F. 3647, authored by Sen. Pat Pari- develop a process to reduce the costs and Lourey (DFL-Kerrick), makes changes seau (R-Farmington), exempts emergency environmental impact of paint disposal. to a number of lawful gambling provi- responders from permit requirements for The measure was before the panel because sions. The portion of the bill before the emergency communications equipment. of a part of the bill relating to conduct committee was a revised civil penalty for Pariseau offered an amendment to address that is immune from liability relating to exceeding expense limits. The measure the use of the 800 megahertz radio system. the pilot program. Under the bill, manu- also provides for an exemption in extraor- The amendment was adopted. The bill facturers of paint sold at retail in the state dinary circumstances. The measure was was approved and sent to the full Senate. must develop a plan to collect, transport approved and sent to the full Senate. The committee advanced S.F. 3119 and process postconsumer paint. Doll said S.F. 2576, carried by Sen. Steve Dille to the Senate floor. The bill, sponsored by Minnesota was chosen as the site for the (R-Dassel), includes false police and fire Olseen, relating to interstate assistance pilot project by the manufacturers. The emergency calls as a misdemeanor of- had been incorporated into S.F. 3135, the measure was approved and advanced to fense. The bill was approved and sent to bill establishing the Minnesota Responds the full Senate. S.F. 3494, providing ad- the Senate floor. S.F. 2754, authored by Medical Reserve Corps. Olseen also ditional whistleblower protection to state Sen. Don Betzold (DFL-Fridley), modi- sponsored S.F. 3082. The bill provides for executive branch employees, was also fies requirements for school background disclosure of damage to older vehicles. discussed. Moua said the bill was not of- checks. Members heard the bill last week, The measure was approved and advanced ficially before the committee, but Doll had but held the measure in committee in to the Senate floor. Later, the bill was agreed to present the measure and makes case a vehicle was needed for a second reconsidered and an amendment added. changes if the committee felt it neces- data practices bill. He said the bill is not The amendment contains the language of sary. Members expressed concern about needed as a vehicle and moved the bill be a bill, S.F. 3223, sponsored by Sen. Scott broadening the statute and about language sent to the full Senate. The motion was Dibble (DFL-Mpls.), that allows indi- including Legislators and staff as persons approved. viduals to retrieve their possessions from to whom an employee may communicate. Sen. Linda Higgins (DFL-Mpls.) impounded vehicles. S.F. 3223 became Betzold carried two additional mea- authored two bills. S.F. 3135 establishes the vehicle for the omnibus transporta- sures. S.F. 2919 clarifies the time require- the Minnesota Responds Medical Reserve tion bill, Dibble said, but the measure ments for civil commitment hearings and Corps. Members adopted an amend- applies to the same portion of the law as provides an exception from prehearing ment authorizing interstate assistance S.F. 3082. The bill was then approved and discharge for commitment petitions by local governments. Higgins said the advanced to the Senate floor. involving persons alleged to be mentally

15 Committee update

From left, Senators Terri Bonoff (DFL-Minnetonka), Mary Olson (DFL-Bemidji) and Linda Scheid (DFL-Brooklyn Park) inter- act during floor debate in the Senate Chamber, Tues., Mar. 18. Photo by A.J. Olmscheid ill and dangerous or a sexual psychopathic said. The bill addresses repeat offenders ship agreement, Bakk said. Under the bill, personality or sexually dangerous per- with enhanced consequences, requires the if a manufacturer ends the relationship son. The measure was approved and sent sterilization of dogs deemed dangerous, without good cause, it must repurchase to the floor. S.F. 181 modifies personal and transfers the responsibility for enforc- the dealer’s inventory. jurisdiction over foreign corporations and ing animal control laws from counties to The bill seeks to level the playing nonresident individuals. animal control agencies. field between dealers, who tend to be S.F. 3611, sponsored by Moua, sets Members adopted an amendment, of- smaller companies, and manufacturers, forth a registration procedure for preda- fered by Sen. Don Betzold (DFL-Fridley), which are larger enterprises, said Buzz tory offenders being released from a cor- changing the standard for provocation to Anderson, Retailers Association. Ander- rectional facility and not going to a new an act that could reasonably cause a dog son and several dealers discussed examples of bad practices by manufacturers and primary address. The bill also clarifies that to bite. Sen. Linda Higgins (DFL-Mpls.) offered, and members adopted, an amend- the need for the law, which they said is registration of predatory offenders applies similar to laws in neighboring states and to offenders who move to Minnesota ment reducing from 30 days to seven days the time frame for a hearing on the to Minnesota laws for implement and auto from other states and requires predatory dealers. Michael Mitchell, Polaris Indus- offender registration database checks for declaration of a dangerous dog. The bill tries, said the dealers feel they have come persons booked at jails. After considerable was forwarded to the full Senate. a long way in the negotiations. We have Committee members, chaired by Sen. discussion, the bill was laid on the table. and continue to push for flexibility in Mee Moua (DFL-St. Paul), considered any legislation, because there are diverse several additional bills. H.F. 413, spon- stakeholders involved, he said. Dealers Dog bill okayed sored by Sen. Thomas Bakk (DFL-Cook), believe these are issues best handled by Legislation regarding dangerous dogs regulates outdoor sport equipment dealer- contract, not law, Mitchell said. was approved by members of the Judiciary ship agreements. Bakk said the com- This bill goes too far and tries to Committee, Wed., Mar. 19. panion measure was reported out of the determine what should be in the con- With very few exceptions, dogs are committee last year, but returned under tract negotiated between the dealers and not born dangerous, they are made that the Senate Rules at the end of the session. manufacturers, said Sen. Julianne Ortman way by their owners, said Chief Author At Bakk’s request, members adopted an (R-Chanhassen). She offered an amend- Ellen Anderson (DFL-St. Paul). S.F. 2876 amendment that he said reflected an at- ment removing provisions relating to the focuses on owners, rather than on specific tempt at further compromise on the part good cause standard, inventory repurchase dog breeds, she said. It increases the con- of dealers. The key point of contention and warranty claims. Bakk opposed the sequences for irresponsible dog owners, revolves around what amounts to good amendment, saying it guts the bill. The while also giving owners procedural cause under which a manufacturer may amendment was not adopted. H.F. 413 protections, such as hearings, Anderson terminate, cancel or fail to renew a dealer- was advanced to the full Senate.

16 S.F. 1520, carried by Sen. Patricia Judiciary Budget Division The bill was approved and recommended Torres Ray (DFL-Mpls.), provides for for placement on the Consent Calendar. the registration of naturopathic doctors; Governor’s proposal examined S.F. 3473, sponsored by Sen. Jim Vicker- the bill was re-referred to the Finance Members of the Judiciary Budget man (DFL-Tracy), allows the Jackson Committee. S.F. 2984, sponsored by Division, chaired by Sen. Leo Foley County Board to make the office of Ortman, provides for reinstatement of a (DFL-Fridley), met Tues., Mar. 18, to auditor-treasurer appointive. S.F. 2374, homeowner’s mortgage after foreclosure. review the governor’s proposed cuts to also carried by Vickerman, allows the Ortman offered, and members adopted, the state’s courts, civil legal services and Rock County Board to make the office of an amendment she said reflected the most public defense services. The governor’s auditor-treasurer appointive. Both mea- recent state of negotiations with inter- proposal calls for reducing the appropria- sures were advanced to the Senate floor. ested parties. However, Ortman said, the tion for the Supreme Court by $1.781 S.F. 3281, authored by Sen. Sharon bill still needs more work; the bill was laid million, or 3.9 percent; the appropriation Erickson Ropes (DFL-Winona), cre- over for further consideration. includes funding for civil legal services. ates the Veterans Health Care Advisory The remaining bills were approved The proposed cut to the Court of Appeals Council to provide the Dept. of Veterans and advanced to the full Senate. is $282,000, or 2.7 percent. The proposed Affairs with advice and recommenda- S.F. 3193, sponsored by Sen. Ann reduction for the District Courts is $7.039 tions on providing veterans with quality Rest (DFL-New Hope), modifies the con- million, or 2.8 percent. The proposal long-term care and the anticipated future ditions under which adult adoptees may calls for reducing funding for the Board of needs of Minnesota veterans. Erickson access their original birth records. S.F. Public Defense by $2.781 million, or 2.05 Ropes said the bill is the result of actions 3360, authored by Sen. Leo Foley (DFL- percent. eliminating the Veterans Home Board and Coon Rapids), makes it a misdemeanor to turning the functions of the board over to possess any device intended to enhance an State and Local Government the department. Erickson Ropes’ second animal’s ability to fight. S.F. 3139, carried bill, S.F. 3283, formalizes the transfer of by Sen. Ron Latz (DFL-St. Louis Park), Operations and Oversight duties to the department and changes all makes it a misdemeanor to circumvent statutory references to the Veterans Home security measures in ticketing systems Lengthy agenda cleared Board to refer to the commissioner of designed to ensure equitable availability The State and Local Government veterans affairs. Both bills were approved of tickets. S.F. 3492, sponsored by Sen. Operations and Oversight Committee and advanced to the full Senate. Tarryl Clark (DFL-St. Cloud), permits met Fri., Mar. 14, and cleared a mara- S.F. 3331, sponsored by Sen. Scott courts to grant orders for protection for thon agenda to meet the first committee Dibble (DFL-Mpls.), permits the Min- up to two years. The bill also provides for deadline. The committee, chaired by Sen. neapolis Park and Recreation Board to orders for protection of up to 50 years if a Ann Rest (DFL-New Hope), hears all retain proceeds from the condemnation bills that contain provisions creating or respondent has violated an existing order of park lands necessary for the recon- altering the membership of commissions, struction and expansion of I-35W at the for protection at least twice or if at least boards, advisory committees or task forces Mississippi River. The bill also requires two orders for protection have already or contain provisions related to rulemak- the proceeds be used to acquire land for been granted. ing, in addition to bills that fall under park purposes adjacent to the Mississippi Sen. John Doll (DFL-Burnsville) the panel’s jurisdiction. The committee is River in Minneapolis. The measure was sponsored a bill, S.F. 3494, providing often the last stop before bills are referred approved and re-referred to the Finance whistleblower protection to an execu- to the floor or to the Committee on Taxes Committee. Dibble also sponsored a bill, tive branch employee who communicates or the Committee on Finance. S.F. 3224, authorizing the creation of an information that the employee, in good The panel devoted considerable time Advisory Committee on Nonmotorized faith, believes to be truthful and ac- to reviewing a bill, S.F. 3001, containing Transportation. The bill was approved and curate to a Legislator, legislative staff or modifications to miscellaneous educa- sent to the full Senate. elected officials in the executive branch. tion provisions. The bill, sponsored by S.F. 2775, carried by Sen. Leo Foley Sen. John Marty (DFL-Roseville) said he Sen. Charles Wiger (DFL-Maplewood), (DFL-Coon Rapids), requires notice to has observed several executive branch contains general education provisions, a city when a customer’s heat source is employees, over the years, who have been education excellence provisions, special disconnected. Foley said the bill is aimed intimidated from communicating with program provisions, library and facility at preventing burst pipes when homeown- Legislators. Members adopted two amend- provisions, state agency provisions and ers abandon property and utilities are ments, offered by Ortman, removing legis- provisions relating to self-sufficiency and disconnected. The measure was approved lative employees from and adding consti- lifelong learning. The bill was approved and sent to the Senate floor. tutional officers to the list of persons with and re-referred to the Finance Committee. Sen. John Doll (DFL-Burnsville) whom the executive branch employee Three bills dealing with the appoint- authored two bills, which were both ap- may communicate. Members also adopted ment of local officials were also heard. proved and advanced to the full Senate. an amendment, offered by Sen. Linda S.F. 3555, authored by Sen. Julie Rosen S.F. 3494 provides additional whistleblow- Scheid (DFL-Brooklyn Park), expanding (R-Fairmont), authorizes the Watonwan er protection to state executive branch the scope of covered employees to include County Board to make appointments to employees. S.F. 3372 establishes minimum all state employees, regardless of which fill vacancies on the Watonwan County requirements for cities’ permit program for branch of government they serve. Soil and Water Conservation District. long-term disability parking.

17 Committee update S.F. 2925, sponsored by Sen. Kathy permit requirements for those structures. S.F. 3488, carried by Sen. Satveer Saltzman (DFL-Woodbury), requires the The measure was approved and re-referred Chaudhary (DFL-Fridley), establishes the commissioner of transportation to appoint to the Finance Committee. outdoor heritage fund, creates accounts a deputy commissioner/chief engineer Vickerman sponsored a bill, S.F. within the fund, creates the Lessard-Her- who is licensed as a professional engineer. 3050, extending the expiration date for itage Enhancement Council, requires the The bill was approved and referred to the the Minnesota Agriculture Education governor to appoint an Outdoor Heritage Senate floor. S.F. 3425, carried by Sen. Leadership Council until June, 30, 2013. Fund Citizen Selection Committee and Satveer Chaudhary (DFL-Fridley), modi- The bill was approved and recommended requires the council to adopt a strategic fies report requirements for the game and for placement on the Consent Calendar. plan. The measure was re-referred to the fish fund, modifies the disposition of the S.F. 3461, carried by Sen. Claire Robling Rules and Administration Committee pheasant habitat improvement account, (R-Jordan), changes the date by which without recommendation. modifies the wild turkey management ac- counties must provide summary budget count, modifies hunting and fishing licens- data to the Office of the State Auditor California emission standards ad- ing provisions and authorizes rulemaking. from December 31 to January 31 of each The measure was approved and re-referred budget year. The measure was approved vanced without recommendation to the Finance Committee. and recommended for placement on the The State and Local Government Operations and Oversight Committee, S.F. 3540, authored by Sen. Ellen Consent Calendar. chaired by Sen. Ann Rest (DFL-New Anderson (DFL-St. Paul), creates a task Sen. Tony Lourey (DFL-Kerrick) Hope), heard 10 bills Mon., Mar. 17, force to analyze and plan for an economy authored three bills. S.F. 3671 provides including a proposal to adopt California’s that advances the environmental and a limited exemption from the require- vehicle emission standards. energy policies of the state. The mea- ment that towns provide voting methods S.F. 481, sponsored by Sen. John sure was approved and re-referred to the accessible to individuals with disabilities. Marty (DFL-Roseville), requires new Rules and Administration Committee. The bill was approved and advanced to automobiles to meet emission standards S.F. 3055, sponsored by Sen. Amy Koch the Senate floor. S.F. 3181 revises the established in California. The MPCA (R-Buffalo), establishes a military reservist requirements for county-based purchasing would adopt these rules as a whole, ac- economic injury loan program. The bill for state health care programs. S.F. 3245 cording to the bill. California already specifies that the commissioner of employ- modifies health care cost containment had standards before passage of the Clean ment and economic development may uniform billing forms and electronic claim Air Act, said Marty, and the govern- make one-time, interest-free loans of up filing provisions. The latter two bills were ment allows states to choose between the to $20,000 to eligible businesses that have approved and re-referred to the Commit- California standards or the standards set sustained or are likely to sustain substan- tee on Finance. by the Environment Protection Agency. tial economic injury as a result of the call Two bills were sponsored by Rest. Twelve states have adopted the California to active military service for 180 days or S.F. 3398 requires the Office of Enterprise standards, Marty said. more of an essential employee. The mea- Technology to report to the Legislature Eric Hyland of the Alliance of sure was approved and re-referred to the regarding its approval process for state Automobile Manufacturers said the bill Finance Committee. S.F. 3691, carried by agency technology requests and on the as- turns over the regulatory authority from Sen. James Metzen (DFL-South St. Paul), sistance the office provides to state agen- a federal democratic process to a regula- requires the legislative auditor to establish cies in developing agency information tory framework that is appointed by the a compensation plan for employees of the systems plans. The bill was approved and governor of California. The bill failed to gain approval on a auditor, subject to legislative review and sent to the full Senate. S.F. 3709 autho- tied voice vote. Sen. Don Betzold (DFL- approval. The bill was approved and re- rizes the Crystal Economic Development Fridley) moved that the bill be sent to the referred to the Finance Committee. Authority to create a housing develop- Committee on Transportation without S.F. 2651, sponsored by Sen. Tom ment account. The measure was approved recommendation. The committee ap- Saxhaug (DFL-Grand Rapids), creates a and advanced to the Taxes Committee. proved Betzold’s motion. Minnesota forests for the future program Sen. Dick Day (R-Owatonna) spon- S.F. 3362, sponsored by Sen. Leo and provides for expedited exchanges of sored a bill, S.F. 3715, authorizing Steele Foley (DFL-Coon Rapids), clarifies that public lands. The bill was approved and County to transfer a nursing home and both a labor representative and attorney re-referred to the Finance Committee. assisted living facility and related assets be made available to police officers facing S.F. 3213, authored by Sen. Linda Hig- to a nonprofit corporation. The measure a disciplinary hearing. The bill was recom- gins (DFL-Mpls.), extends three advisory also authorizes Steele County to acquire mended to pass and re-referred to the councils—the Traumatic Brain Injury Ad- a membership interest in the nonprofit Committee on Judiciary. visory Committee, the American Indian corporation. The bill was approved and S.F. 2876, sponsored by Sen. El- Advisory Council and the Citizens Advi- advanced to the full Senate. S.F. 3685, len Anderson (DFL-St. Paul), transfers sory Council for Alcohol and Other Drug authored by Sen. David Tomassoni (DFL- authority from the county to animal Abuse—until June 30, 2012. The bill was Chisholm), changes the name of the control agencies for standard regulation of approved and advanced to the full Senate. Minnesota Boxing Commission to the all dangerous dogs and provides new and S.F. 3227, carried by Sen. Mary Olson Combative Sports Commission and modi- expanded procedures for administration of (DFL-Bemidji), requires the commissioner fies provisions relating to the commission. dangerous dog laws. The bill was approved of natural resources to update rules regard- The bill was approved and re-referred to and re-referred to the Committee on ing allowed structures in public waters and the Finance Committee. Judiciary.

18 S.F. 3622, sponsored by Sen. Rick to encourage voluntary captioning have Rest also presented a bill, S.F. 3055, Olseen (DFL-Harris), strikes the dollar not been successful, according to Cynthia on behalf of Sen. Amy Koch (R-Buffalo). amount over which a drainage authority Weitzel of the Minnesota Commission The measure establishes a loan program may not levy an assessment for repairs Serving Deaf and Hard of Hearing People, for small businesses that have been or maintenance, strikes thresholds for and a mandate is needed. The bill was rec- harmed by the military deployment of an repair and reconstruction bids for drain- ommended to pass and sent to the floor. essential employee. The bill was approved age systems after a disaster, increases the S.F. 3373 requires recounts to be and re-referred to the Committee on threshold amount for sealed bids in the conducted manually and provides for Finance. UMCL, increases the contract amounts discretionary partial recounts. Joe Mansky, H.F. 2932, carried by Sen. Mary Ol- for direct negotiations, and raises the representing the Council of Auditors, son (DFL-Bemidji), allows the principal, maximum amount for using quotations said the bill has two main components. as well as the interest, in town cemetery or open market solicitations. Olseen said The first allows a candidate requesting a funds to be used for cemetery purposes. that it is ultimately a cost saving measure. recount to indicate up to three precincts The measure was approved and advanced The bill was recommended to pass and they would like reviewed first, after which to the full Senate. sent to the floor. the recount could be waived. Sen. Scott Dibble (DFL-Mpls.) car- S.F. 3157, sponsored by Sen. Gary The bill allows an official conducting ried two measures. S.F. 3093 extends and Kubly (DFL-Granite Falls), transfers a recount to visually inspect ballots before changes the terms of guaranteed energy authority for duties relating to delinquent recounting to examine if marks made by savings contracts under the uniform mu- real property taxes to the Big Stone the voter cannot be counted by the vot- nicipal contracting law. S.F. 2232 autho- County treasurer. Kubly said the bill had ing system, and to determine the voter’s rizes municipalities to enact ordinances no cost, and allows local government to intent. The bill was recommended to pass permitting dogs to accompany their own- operate a bit more efficiently. The bill and sent to the floor. ers in outdoor cafes and restaurants. Both was recommended to pass and sent to the bills were approved and advanced to the floor. Special Session amendment gains Senate floor. S.F 3353, sponsored by Marty, modi- A number of bills were before the H.F. 2788, carried by Sen. Tom Sax- fies long term care cost of living adjust- State and Local Government Operations haug (DFL-Grand Rapids), increases the ments and rates related to long term care and Oversight Committee, Wed., Mar. membership of the Nashwauk Public Util- employees. Marty offered an amendment 19, to be heard before the second com- ities Commission from three to five mem- removing language convening a working mittee deadline. The panel heard those bers. S.F. 2996, authored by Sen. Sandy group and inserting language requesting provisions under its jurisdiction in a wide Rummel (DFL-White Bear Lake), extends agencies to offer recommendations. The variety of bills. the definition of biomass with respect to amendment was amended to remove pur- Committee Chair Ann Rest (DFL- renewable energy objectives, distributed pose language. The bill was approved and New Hope) sponsored two bills. S.F. 3072 energy resources and renewable energy re- re-referred to the Committee on Health, proposes a constitutional amendment to source planning. The bill also extends the Housing and Family Security. add a provision allowing the Legislature expiration date for the Metropolitan Area Sen. Thomas Bakk (DFL-Cook) to call itself into Special Session for a Water Supply Advisory Committee until presented two bills. S.F. 3291 ensures that limited amount of time. Under the bill, 2010. S.F. 3303, authored by Sen. Linda the state building code is applicable across upon agreement of a majority of the Higgins (DFL-Mpls.), authorizes the city the state. The bill was approved and sent members of both bodies or upon the order of Minneapolis to establish a nonprofit to the floor. of the presiding officers of both bodies, the corporation for riverfront revitalization. Bakk’s second proposal, S.F. 3218, Legislature must convene in Special Ses- All three measures were approved and adopts recommendations approved by the sion. The bill also limits a Special Session referred to the Senate floor. Workers’ Compensation Advisory Coun- called by the Legislature to seven legisla- H.F. 2599, carried by Sen. Jim Vicker- cil. Relating to the committee’s purview, tive days, Rest said. She said the measure man (DFL-Tracy), authorizes counties the bill gives the commissioner added levels the powers between the branches to spend up to $3,500 for Memorial Day rulemaking to implement fee schedule of government. Sen. Claire Robling (R- observances. The current limit is $2,000, changes related to the workers’ compen- Jordan) offered an amendment removing Vickerman said. S.F. 3451, authored by sation fund. Everything has been agreed language authorizing the presiding officers Sen. Julianne Ortman (R-Chanhassen), to by a majority of the advisory council, of both bodies to order a Special Session. provides that the Carver County Board composed of business and labor represen- The amendment was adopted. Members assume the financial and administrative tatives, said Bakk. The bill was approved also adopted an amendment requiring that responsibilities of the Carver County and sent to the floor. a two thirds majority of both bodies be in Library Board, while leaving the opera- Rest presented two bills as well. S.F. agreement before the Legislature can call tions, policies, rules and development of 3238 directs the executive committee itself into session. The bill was approved long-range plans under the Carver County of political parties to consult with the and advanced to the Rules and Admin- Library Board. S.F. 3571, carried by Sen. Secretary of State to determine the date istration Committee. S.F. 3576 provides Tony Lourey (DFL-Kerrick), exempts em- for holding precinct caucuses. The bill was controls for halting the spread of viral ployees of state-operated services, who are amended to require campaign material hemorrhagic septicemia to Minnesota fish clients and who work within and benefit to include closed captioning for commu- populations. The measure was approved from the treatment and habilitation pro- nication across electronic media. Efforts and sent to the Senate floor. grams, from the requirement of being state

19 Committee update employees. All of the above bills were The Dept. of Administration is being Governor’s budget reviewed recommended for passage and advanced to asked to cut $469,000. Commissioner The State Government Budget Divi- the full Senate. Dana Badgerow said that unlike other sion, chaired by Sen. Don Betzold (DFL- H.F. 2896, carried by Sen. Dan Larson agencies, the cuts would be relatively Fridley), met Wed., Mar. 19, to review (DFL-Bloomington), removes a require- painful because the department must be the governor’s budget proposal’s effects on ment that a city hold a referendum before careful not to shift costs onto other agen- constitutional offices. building, equipping, or maintaining a cies. Badgerow outlined cuts that would State Auditor Rebecca Otto said memorial for war veterans. S.F. 2403, limit support to statewide programs and the governor’s recommendation of a four sponsored by Sen. Don Betzold (DFL- result in layoffs. percent reduction would be devastating Fridley), modifies provisions relating to A proposed program to give veteran on the office’s operation. She said the duty disability eligibility for peace officers owned businesses preference in state State Auditor’s Office gets 85 percent of and firefighters. Both bills were approved contracts is also incorporated into the its operating costs from fees charged to lo- and sent to the Senate floor. budget. The governor requests $356,000 cal governments, while only 15 percent is for the department to fund certification of from the general fund. “A cut of $336,000 State Government Budget veteran owned businesses. would cause the loss of five positions—a Another cut to the Department of whole division of the auditor’s office,” Division Administration removes $885,000 from Otto said. FY2009 for relocation of the Department Rebecca Spartz, director of adminis- Budget cuts reviewed of Public Safety. There are no plans for tration, Attorney General’s Office, said The State Government Budget relocation within the current biennium, 85 percent of the Attorney General’s Division, chaired by Sen. Don Betzold said Badgerow. Office budget is for salaries. The gover- (DFL-Fridley), heard the testimony of Office of Enterprise Technology is nor’s recommendation of a four percent four departments regarding the governor’s facing a four percent reduction in under reduction amounts to about $1 million, supplemental budget proposal, Mon., Mar. she said. Spartz said in times of economic 17. The Amateur Sports Commission and the governor’s proposals, about $313,000 in 2009 and $253,000 in 2010. John downturns, the work done by the office the city of Minneapolis also testified on increases because of greater needs for legal cuts affecting the Target Center. Lally, planning director, said the cuts will prevent the hiring of new staff, scale back services and increased numbers of fraud Commissioner Ward Einess of the cases. Dept. of Revenue reviewed three propos- the IT security program and reduce capac- ity for statewide oversight and analysis of Assistant Secretary of State Tom als. A $1.24 million a year reduction in Durand said the proposed four percent cut non-compliance activities will reduce technology investments. Betzold said he represents $260,000. He said the main about 20 full-time positions, many was worried about security concerns and work done by the office is business services through limited hiring and attrition, said losing members of a relatively youthful and conducting elections. Durand said Einess. In addition, the department will staff. Lally said there is not adequate fund- there is not much flexibility in the office’s scale back travel expenses and tuition ing for security now. budget and making the cuts will have a reimbursement programs, said the com- The merging departments of Fi- significant impact on operations. missioner. nance and Employee Relations are cut Members also considered three bills. Two proposals would raise revenue. by $842,000 a year. About ten positions S.F. 3649, authored by Sen. Dan Lar- The first is a bank data matching program would be eliminated through attrition or that would increase tax compliance and son (DFL-Bloomington), authorizes the layoffs if necessary, said Stephanie An- secretary of state to transfer funds from more efficiently collect outstanding tax drews, deputy commissioner of the Dept. debts, according to Einess. The program the general fund appropriation to the of Finance. The cuts could also result in Help America Vote Act account in order is similar to a Department of Human Ser- more scaled back information and support vices program that matches information to meet federal requirements for interest services to the Legislature and others. payments and the additional state match. on child support delinquency with bank The Amateur Sports Commission records to levy the account. The program S.F. 3067, sponsored by Sen. Mary Olson and the city of Minneapolis testified about would generate about $10 million, Einess (DFL-Bemidji), authorizes the secretary of said. elimination of Target Center payments state to waive a reinstatement fee when a Representatives of the Minne- by the state to the city, which are admin- Minnesota business has been administra- sota Bankers Association and the Credit istered through the commission. One tively or statutorily dissolved, revoked, or Union Federation said the cost of imple- payment is left, according to Patrick Born, terminated for failure to file an annual or mentation would be high for financial finance director of Minneapolis; however, periodic report when the individual was institutions, and the transfer of informa- those payments have transitioned into a in the armed forces. Both measures were tion raises privacy concerns. standing appropriation to support opera- approved and referred to the full Finance The second revenue generating tions. The tax yield to the state is many Committee. proposal establishes a stamping office times the appropriation, said Born. The S.F. 3190, carried by Sen. Ann Rest non-profit organization. The office would payments were initiated with the condi- (DFL-New Hope), provides up to three register surplus insurance policies issued in tion that the Timberwolves basketball hours of paid leave for state employees the state and ensure payment of premium team stay in the Target Center through to donate blood at a location other than taxes. That could raise about $3 million 2025, said Born, and it was not clear if their workplace. Members adopted an a year. removing the subsidy would affect that. amendment clarifying that the measure

20 does not apply to Minnesota State Col- delinquent tax debt, and creates a non- equipment purchased by a health care leges and Universities employees and that profit stamping office to certify surplus facility from sales tax. The bill was laid the blood donation site is different than insurance lines. The stamping office is over for possible inclusion in the omnibus the work site. The bill was laid over. intended to better track and collect pre- tax bill. mium taxes from these insurance lines. S.F. 3617, sponsored by Sen. Scott The bill also cuts renters credit Dibble (DFL-Mpls.), extends the con- Taxes refunds from 19 percent to 16 percent, struction date a proposed Minneapolis eliminates the political contribution biomass facility must be started by from Governor’s tax proposals laid over Jan. 1, 2008 to Jan. 1, 2010 to qualify for a The Taxes Committee, chaired by refund program, and imposes property tax levy limits. JOBZ contracts are extended property tax exemption already in statute. Sen. Thomas Bakk (DFL-Cook), heard to ten years, or 12 in counties with declin- Dibble said the permitting process has the governor’s tax proposal, Tues., Mar. been moved back and construction would ing population or higher than average start later than anticipated. The bill was 18. The committee also heard five addi- unemployment, under the bill. tional bills, including a proposal to allow laid over for possible inclusion in the Other changes in the bill increase omnibus tax bill. Legislators to appeal fiscal notes. June accelerated payments from 80 Bill sponsor Julianne Ortman (R- Sen. Ann Rest (DFL-New Hope) pre- percent to 85 percent, establish a regional sented two bills. The first, S.F. 3709, es- Chanhassen) and Ward Einess of the emerging business investment tax credit, tablishes a housing development account Dept. of Revenue presented the governor’s and change the definition of foreign oper- to be funded by TIF dollars for the city of tax bill. Provisions of note make changes ating corporations. Crystal. The bill gives the city more flex- to the definition of foreign operating cor- The bill was laid over for possible ibility, said Rest. Mark Hoffman, president porations, and reduce the sales and use tax inclusion in the omnibus tax bill. of the Crystal Development Authority, rate from 6.5 percent to 6.375 percent. S.F. 3187, sponsored by Sen. Ann said the account would help rehab a large The bill implements a data matching Lynch (DFL-Rochester), exempts steam stock of aging single-family housing built system at financial institutions to recover power pollution control machinery and shortly after WWII.

Senators Tony Lourey (DFL-Kerrick), left, and Geoff Michel (R-Edina) consult during a Senate floor session. Photo by David J. Oakes

21 Committee update S.F. 3180 requests disclosure of cer- The bill holds Minneapolis about adopt California vehicle emission stan- tain dates in preparation of fiscal notes for constant, and without it NRP would dards, S.F. 481, was advanced. the Legislative process, and establishes an receive nothing, said Doug Walter, associ- S.F. 2408, sponsored by Sen. Scott appeals process to challenge those notes. ate director, Nokomis East Neighborhood Dibble (DFL-Mpls.), would allow Min- The bill also establishes an appeals process Association. The NRP does not want neapolis to enact an ordinance to prohibit for revenue estimates. Rest said that the to compete with city services for levy use of engine breaking, or jake breaking, bill does not challenge the credibility or revenue, said Walter, and the program is in a small section of Interstate Hwy. 394, work of the current system, but rather looking for a stable and consistent source roughly from Penn Avenue to the Lowry addresses the appropriate involvement of of funding separate from the political tunnel. The noise from the maneuver the Legislature in the budget process. Rest process. disrupts neighborhoods adjacent to the emphasized that a public process needs to S.F. 3731, sponsored by Sen. Sandra highway, said Dibble. The bill was ap- be in place. Pappas (DFL-St. Paul), reattaches the St. proved and sent to the floor. Einess said the proposed appeals pro- Paul Downtown Holman Field Airport Sen. Michael Jungbauer (R-East cess breaks a long tradition, and an open and the Minneapolis St. Paul Interna- Bethel) presented S.F. 3542. The bill re- informal system already takes place to tional Airport to city and school district quires trailers weighing over 3,000 pounds address concerns. Einess said another con- tax bases. A law passed in 1996 exempted to have breakaway brakes; institutes a cern is a lack of parameters included in the Holman Field Airport businesses to felony penalty for duplicating, altering or the bill. Members adopted an amendment help with start-up costs and infrastructure forging a commercial vehicle inspection deleting the revenue appeals process. The development. decal; and puts a misdemeanor charge bill as amended was approved and re- A representative of the District 3 in place for possession of a fraudulent referred to the Committee on Finance. Planning Council said the tax benefits be- S.F. 1566, sponsored by Sen. Katie decal. The bill also reduces the minimum ing forgone were about $630,000 in 2007. threshold weight for a commercial vehicle Sieben (DFL-Newport), exempts changes Bruce Hagerty of Hubbard Broadcast- to a TIF plan from following the formal to be stopped for weighing and inspection, ing, located at the St. Paul airport, said modification process when addressing which Jungbauer said is a standardizing the companies already pay airport use fees, acquisition of land for affordable housing. measure. The bill was laid over for pos- and Hubbard makes generous community The bill was amended to require approval sible inclusion in the omnibus transporta- contributions in the amount of $135,000 in a public hearing of the modification tion policy bill. and for that process to be announced in annually. The committee considered Sen. advance by publication. The bill was laid S.F. 3773, sponsored by Sen. Mee John Marty’s (DFL-Roseville) proposal to over for possible inclusion in the omnibus Moua (DFL-St. Paul), extends the Down- adopt California’s low emission vehicle tax bill. town 7th Place TIF district encompassing standards for cars manufactured in model the St. Paul event district to 2030. Moua year 2012 and after. The state has two said St. Paul is experiencing tremendous emission standards to choose from accord- St. Paul Holman Field airport financial distress. Mayor Chris Coleman ing to federal law, either the California property tax proposal considered said the city doesn’t have the money to Emission Standards or the Environmental The Taxes Committee, chaired by reinvest in the district. Moua said the Protection Agency standards. Adopt- Sen. Thomas Bakk (DFL-Cook) heard project has the support of all stakeholders, ing the California standards will reduce two TIF extension proposals, Wed., Mar. including the school districts. Bakk sug- greenhouse gasses emissions by twice the 19, the last day of local bills scheduled to gested that the extension is too long, and be heard. The committee also reviewed a the bill needs further work. EPA levels by 2016, said Marty. If the repeal of the St. Paul airport’s tax exemp- S.F. 3722, sponsored by Sen. Keith California Air Resources Board were to tion, and a proposed increase in aggregate Langseth (DFL-Glyndon), expands and change the program in a disagreeable way, production taxes. All the bills were laid increases the aggregate production tax, the state would have a few years to back over for possible inclusion in the omnibus out before those changes went into effect, tax bill. modifies the distribution, and provides tax incentives for preservation of land with said Marty. S.F. 3643, sponsored by Sen. Patricia Eric Hyland, representing the Alli- Torres Ray (DFL-Mpls.), extends certain commercial aggregate or gravel deposits. Langseth said the tax is really a user fee ance of Automotive Manufacturers, said Minneapolis TIF districts until Dec. 31, the standards match up with federal emis- 2019. Qualified TIF districts were certified to address the road wear accumulated by sion standards passed last year, but must be before Aug. 1, 1979 and still valid on June transportation. 1, 2008. Under the bill, the revenue from met four years earlier. The bill may harm the district would be distributed between production of E-85 vehicles, which do not the city’s general fund and the Neighbor- Transportation Budget and meet the criteria, according to Hyland. hood Revitalization Program. Policy Division Murphy said that combustion engines Betsy Hodges of the Minneapolis City will eventually be phased out anyway, Council, said they have a similar proposal, Emission standards approved and the automotive industry has fought but asked the Legislature not to take ac- The Transportation Budget and against electric cars for years. tion until the city process is complete. Policy Division, chaired by Sen. Steve Alyssa Schlander, representing the Bakk said the bill shifts $10 million Murphy (DFL-Red Wing), sitting as a Auto Dealers Association, said the bill of LGA and $2 million of fiscal disparity free-standing policy committee, heard would limit supply for franchise dealer- money to the NRP. three bills, Tues., Mar. 18. A proposal to ships.

22 The bill was approved on a roll call of public transit. A representative of the in statute. A representative of the DVS vote, 12-5, and re-referred to the Business, Dept. of Vehicle Services said that the bill said that all costs related to the program Industry and Jobs Committee. has a significant fiscal impact in the tails. have been recovered. The bill was re- The bill was approved and re-referred to referred to the Committee on Finance. Governor’s cuts laid over the Committee on Finance. Sen. Michael Jungbauer (R-East The Transportation Budget and S.F. 3080, sponsored by Sen. John Bethel) sponsored the governor’s trans- Policy Division, chaired by Sen. Steve Doll (DFL-Burnsville), extends the time portation budget recommendations, S.F. Murphy (DFL-Red Wing), heard a series a license plate permit may be displayed to 3686. Norman Foster of the Dept. of of transportation bills with fiscal implica- 60 days. The bill accommodates the extra Finance outlined the proposals, including tions, Tues., Mar. 18. A few bills regarding time needed for issuance of special license a $2.5 million cut to Greater Minnesota license plates had already been reviewed plates, said Doll. The bill was approved transit, an increase in the state road by the panel and were sent to the Com- and re-referred to the Committee on construction budget to reflect increased mittee on Finance without discussion. Finance. funding from Congress, cuts to Met Coun- S.F. 3097, sponsored by Sen. Rick S.F. 3535 provides $1.01 million for cil transportation programs, a reduction in Olseen (DFL-Harris), appropriates ongoing and one-time appropriations from the public safety budget for a Republican $701,000 to establish a Rush Line com- the trunk highway funds to assign three National Convention safety coordinator, muter corridor from St. Paul to North troopers, one director of pupil transpor- and an appropriation to the DVS for a Branch. A commuter bus feasibility study tation safety and three new inspectors computer system rebuild. has already been completed, and after the to address school bus safety. The bill is Peter Bell, chair of the Met Council, I-35W bridge collapse, a commuter line sponsored by Olseen. The bill was ap- said the worst case scenario of budget was implemented on a temporary basis. proved and re-referred to the Committee cuts would threaten the Central Corri- The bill was approved and re-referred to on Finance. dor, reduce service by 10-15 percent, and the Committee on Finance. The division reviewed a series of bills increase fares by a dollar. S.F. 2502, sponsored by Sen. Ron related to license plates. The members Tom Gottfried said the cuts to Latz (DFL-St. Louis Park), directs the already heard testimony on these bills, Greater Minnesota transit would result Department of Transportation to align according to Murphy, so they took brief in service reductions of 10,000 - 40,000 its process for prioritizing projects with comments and amendments to address hours. the Metropolitan Council. The bill was prior concerns before moving the bills to The bill was laid on the table. amended to address previous concerns the Committee on Finance. S.F. 2337, of the committee by providing off ramp sponsored by Jim Carlson (DFL-Eagan); language in case of emergency. The bill S.F. 3069, sponsored by Geoff Michel was also amended to recommend, rather (R-Edina); and S.F. 3191, sponsored by MyBills system available than require, the department follow the Sen. Richard Cohen (DFL-St. Paul), were The MyBills personalized bill tracking priorities of the Metropolitan Council. Pat moved without discussion or amendment. system is now available. Users can add Bursaw of the Dept. of Transportation said S.F. 2077, sponsored by Sen. David House and Senate bills to their lists by the bill as amended was workable for the Tomassoni (DFL-Chisholm), establishes bill number, subject, or author, and view department. The bill was recommended to Bronze Star veterans’ motor vehicle li- the legislative status of their bills, with pass and re-referred to the Committee on cense plates. The bill was amended to items with significant current floor action Finance. Latz said he would like to see the allow for Silver Star plates as well. highlighted. Users can modify their lists at bill included in the omnibus transporta- S.F. 2365, sponsored by Sen. Ann any time. The MyBills system is available tion policy bill. Rest (DFL-New Hope), establishes Min- from the Legislative website at: http:// Latz also presented S.F. 3189, provid- nesota sesquicentennial special motor ve- www.house.mn/leg/billsublogin.asp ing a technical fix ensuring that juveniles hicle license plates. The bill was amended whose driver’s licenses were revoked for to allow for sale of novelty license plates Schedule available online a controlled substance offense will face a by the DVS. Next week’s schedule is available reinstatement fee. The bill was approved The committee also approved S.F. online at: http://www.senate.mn/schedule/ and re-referred to the Committee on 3058, authored by Rest. The bill allows schedule.php?ls=85&date=03/24/2008&t Finance. the commissioner of transportation to ype=weekly S.F. 2539, sponsored by Sen. Scott designate use of dynamic shoulder lanes, Dibble (DFL-Mpls.), allows seniors to be authorizes fees for high occupancy vehicle Frequently called numbers issued Minnesota identification cards to lanes and dynamic shoulder lanes, and Secretary of the Senate (651) 296-2344 ride Metro Transit at the senior discount- establishes an I-35W high-occupancy ve- Voice mail/order bills (651) 296-2343 ed rate. The bill waives the fee for an ID hicle and dynamic shoulder lane account. Senate Index (651) 296-2887 card. Currently, seniors must carry their The bill was approved and re-referred to Senate Information (651) 296-0504 Medicare card, with their Social Security the Committee on Finance. Toll free 1-888-234-1112 number printed on it, as identification. The committee approved S.F. 3462, Senate Committee Hotline (651) 296-8088 Doug Davis of AARP said that seniors are sponsored by Doll. The bill repeals a sur- Senate Sergeant at Arms (651) 296-1119 encouraged to not carry Social Security charge on special veteran motor vehicle Senate Counsel & Research (651) 296-4791 numbers because they are targets for iden- license plates. Doll said the surcharge was TTY, Senate (651) 296-0250 tity theft; however, seniors are heavy users meant to be temporary, but no sunset was Toll free 1-888-234-1216

23 Senate Briefly

Page 2 Highlights

Page 6 Committee update

Three year old Spenser Menard, Maplewood, demonstrates his support for “Voices for Children Advocacy Day” in the Capitol Rotunda, Thurs., Mar. 27. Photo by A.J. Olmscheid

March 28, 2008 Senate Highlights Health care reform bill debated guage relating to pay for performance and from the health care system in order to Senators devoted the afternoon moves the timeline for payment restructur- expand eligibility. portion of the Thurs., Mar. 27, session to ing out one year and provides a mechanism Sen. Ann Lynch (DFL-Rochester) debating a major health care reform bill, to allow providers to have chronic care offered an amendment to create an S.F. 3099. The bill creates a statewide package pricing. The amendment also advisory committee to make recommenda- health improvement program, imposes a contains three different time periods for tions regarding the details of the payment public health improvement assessment on the Health Care Transformation Commis- restructuring system required in the bill. hospitals and health plans, provides for sion to report back to the Legislature to Berglin said the governor had requested health care homes, creates a health insur- allow the Legislature to make mid-course support for the advisory committee from ance exchange, provides for the establish- corrections on the payment reform. A the health care access fund. The amend- ment of Section 125 plans, restructures the fourth amendment updates appropria- ment was adopted. health care payment system and establishes tions to reflect other amendments to the An amendment, offered by Sen. a savings recapture assessment. Sen. Linda bill. Berglin’s fifth amendment takes some John Marty (DFL-Roseville), removes the Berglin (DFL-Mpls.), chief author, said of the funds designated for outreach and Health Care Transformation Commis- the bill tackles health care availability directs the funds to organizations skilled sion provisions and provides for a study and affordability on a number of fronts. It at doing outreach to communities of color to make sure the reforms will be effective. addresses public health issues that drive up and individuals who don’t speak English. The amendment removes some of the more the cost of health care, such as obesity and All five amendments were adopted. controversial provisions, Marty said, until smoking, she said. Berglin said the bill also Berglin said the bill is a product of there is time to evaluate the costs and ben- seeks to reduce administrative costs in the many hours of work by many people. We efits of the payment reform provisions. payment system and expand public health are projecting that if we don’t change the Marty said there were a lot of very program availability. way we pay for health care, the state will positive initiatives in the bill and the Berglin began by offering an amend- be paying over $57 billion by 2015, Berglin amendment does not touch those provi- ment making technical changes and said. She said the bill is also designed to sions. He said there are troubling portions clarifying that nothing in the bill requires a get coverage for most of the people without of the bill because of the creation of more nonprofit health plan company to increase health care coverage. Berglin said the bill bureaucracy in the hope of saving enough its total level of community benefit beyond is also designed to improve health care money to pay for the costs of the bureau- its current level. A second amendment outcomes. The measure aims at preventing cracy. He said the amendment removes the removes the health insurance exchange people from needing health care, she said. administrative portions of the bill that may provisions in the bill and replaces them Sen. Tony Lourey (DFL-Kerrick) actually increase costs. with language providing for health insur- explained the provisions relating to health Berglin said the amendment takes the ance access brokers to help employers set care homes. He said we need to get away heart of the payment reform out of the bill up Section 125 plans. The amendment also from the tyranny of the office visit. Lourey and will take the increased savings from removes the $8 million appropriation for said health care homes provide a con- the bill. She said the amendment also re- the health insurance exchange. Berglin’s tinuum of care for patients with chronic moves transparency, quality measurements third amendment changes the way a health conditions at a much lower cost. Lourey and a more flexible payment system. In care home is approved, removes some lan- said health care homes are a rural model essence, there will be no payment reform of health care, but applying the patient with this amendment, Berglin said, and we centered approach to those with chronic can’t afford to take it out of the bill. Senate Briefly is a publication of conditions will generate significant savings. Sen. Mary Olson (DFL-Bemidji) the Minnesota Senate Publications Lourey said currently, if a provider tries to said she had a growing concern about the Office. During the regular Legislative implement a health care home model, the administrative costs in the health care Session, it is produced weekly. The provider is penalized financially. Under the system. “There isn’t anyone in this room publication is a service of the Minne- bill, though, the providers are rewarded for who doesn’t want to bring about meaning- sota Senate. It can be made available using the health care home model, Lourey ful health care reform, but I would caution in alternative formats. said. members to not just pass anything,” Olson Sen. Julie Rosen (R-Fairmont) ex- said. She compared the measure to the plained the provisions in the bill relating No Child Left Behind Act in that the bill Editor/Writer: to the requirements for small employers tries to measure outcomes and will lead to Karen L. Clark to establish Section 125 plans and using unintended consequences. She said the the insurance access brokers to help the end result is that consumers will pay more. Assistant Editor/Writer: employers. Sen. Patricia Torres Ray (DFL- Berglin responded that the early stages Joshua A. Dorothy Mpls.) described sections of the bill relat- of the payment reform will encourage ing to public health outreach initiatives. providers to improve outcomes. In addi- Writer: Sen. Paul Koering (R-Fort Ripley) said the tion, the charge to the commission is to Danielle Cabot current health care system is not working. provide technical assistance to hospitals He urged members to support the bill. and providers, Berglin said. The incentive Berglin said the bill will insure 47,000 in the bill is for providers to treat the most Photographers: more Minnesotans through both the ill patients, Berglin said. David J. Oakes private and public systems. She said the Sen. Sharon Erickson Ropes (DFL- A.J. Olmscheid governor said we need to wring savings Winona) said she was reluctant to put in

2 From left, Senators Pat Pariseau (R-Farmington), Gen Olson (R-Minnetrista) and David Tomassoni (DFL-Chisholm) converse during the Senate’s Thurs., Mar. 27, floor session. Photo by David J. Oakes place untested reforms without under- countered that the plans offer a cost ef- The bill was granted preliminary pas- standing all the ramifications. She urged fective way for employers to offer health sage on a 41-22 roll call vote. members to support the amendment. “We insurance. The amendment failed on a Earlier in the session, members con- should pass the provisions we all agree on,” 15-47 roll call vote. Hann offered a verbal sidered two bills on General Orders and Erickson Ropes said. Rosen said the mem- amendment to remove a sunset on an granted concurrence and repassage to one bers need to endorse the entire bill, not employer exemption from offering Section measure. a bill that delays the issue of health care 125 plans. The amendment failed on an S.F. 2915, authored by Sen. Mee Moua reform. The amendment failed on a 32-33 18-43 roll call vote. (DFL-St. Paul), modifies civil and criminal roll call vote. Vandeveer offered an amendment penalties for predatory lending. Moua said Sen. Ray Vandeveer (R-Forest Lake) deleting provision relating to the health the bill lifted the cap on punitive damages, offered an amendment removing provisions reinvestment assessment contained in the but she said that after some consideration, requiring hospitals and nonprofit health bill. Berglin said the amendment takes out she was offering an amendment to place plans to contribute a percentage of net a $25,000 cap on punitive damages. The the portion of the bill that would allow the patient revenue to fund the public health amendment was adopted and the bill was state to invest in other health care pro- provisions. Berglin opposed the amend- granted preliminary passage. S.F. 2706, car- grams. The amendment failed on a 15-47 ment and said the public health initiatives ried by Sen. Yvonne Prettner Solon (DFL- will reduce costs in the long term. The roll call vote. Duluth), provides for the development amendment failed on a 17-44 roll call vote. Erickson Ropes offered an amend- and application of building energy usage Sen. David Hann (R-Eden Prairie) offered ment renaming the assessment on hospitals performance standards. Prettner Solon said an amendment requiring data collected by and health plans as a tax on hospitals and the bill helps attain Minnesota’s goals for the commissioner for purposes of evaluat- health plans. The amendment failed on a reducing greenhouse gases. Hann and Sen. ing health care homes remain private data. voice vote. Warren Limmer (R-Maple Grove) spoke in Berglin said the Dept. of Human Services Hann offered an amendment deleting opposition to the measure. Hann said the has great concerns about the amend- a section of the bill providing for monitor- measure will add expense to the construc- ment and asked that the amendment not ing children’s body mass index data. Hann tion of public buildings without assurances be included in the bill. The amendment said the provision is very intrusive and of later cost savings. Limmer cited energy failed on a 22-41 roll call vote. Vandeveer should be removed from the bill. Berglin standards enacted for residential buildings offered a second amendment deleting the said the provision does not mean measur- that led to problems with mold for many Section 125 plans from the bill. Vandeveer ing every child, but gathering existing data. homeowners. Limmer offered an amend- said the plans have the potential to cost a The amendment also failed on a roll-call ment deleting the performance standards lot of money for small businesses. Berglin vote. in the bill. Prettner Solon opposed the

3 Senate Highlights amendment and said the standards are the were identical to the language in last year’s proposed levy in a timely manner. Kevin heart of the bill. The amendment failed. tax bill, except for provisions relating to Corbid, representing the County Audi- The bill was also granted preliminary pas- fiscal disparities, which were omitted from tors Association, said the language mirrors sage. the amendment. The fiscal disparities current law regarding final levies. Both Senators concurred with an amend- pool language seemed to be where most amendments were adopted. The third ment by the other body to S.F. 2861. The of the heartburn was in this proposal, he amendment, allowing school districts with bill, sponsored by Sen. Linda Higgins said. Sen. John Marty (DFL-Roseville) sparsity revenue to levy for transportation (DFL-Mpls.), changes the due date for a argued against the amendment, saying it costs, was not adopted. report by the Gang and Drug Oversight was improper to subsidize the expansion An amendment increasing Anoka Council. Higgins said the other body of a shopping mall. “I know it will create County’s levy authority for its library sys- changed the date to Mar. 1. The bill was jobs, but we could create jobs by build- tem debt service was offered by Sen. Deb- repassed on a unanimous roll call vote. ing schools and roads,” Marty said. The bie Johnson (R-Ham Lake) and adopted. amendment was adopted. Sen. Lawrence Pogemiller (DFL-Mpls.) Brief floor session held Sen. Dan Larson (DFL-Bloomington) offered an amendment adjusting the area Senators returned from the long offered an amendment requiring the Min- of a Minneapolis TIF district to reflect weekend and held a routine floor session nesota Vikings and the Minnesota Sports reality; the amendment was adopted. Sen. processing committee reports and granting Facilities Commission to jointly study and Scott Dibble (DFL-Mpls.) offered, and final passage to four relatively noncontro- prepare recommendations to the Legisla- members adopted, an amendment includ- versial bills. ture regarding replacing the Metrodome. ing soccer fields in the open space tax S.F. 3313, sponsored by Sen. Gary The amendment requires the recommen- deferment program. Dibble also offered an Kubly (DFL-Granite Falls), was granted dations to be submitted by January 2009. amendment extending the period of an final passage on the Senate Calendar. The This is a small step forward in the discus- existing personal property tax exemption bill modifies physician licensure standards sion about supporting professional football for a renewable electric generation facility. based on reciprocity. in Minnesota, Larson said. Marty said Dibble said the facility is at the Lower St. the amendment makes a lot of assump- Anthony Falls and construction was de- Three measures were granted final tions, especially that the Metrodome will layed by the collapse of the I-35W Bridge. passage on the Consent Calendar. H.F. be replaced and that there will be public The amendment was adopted. 2582, carried by Sen. Dan Skogen (DFL- financial support for a new stadium. We Ortman offered several amendments. Hewitt), designates March 29th as Viet- should debate whether subsidizing a new One removes provisions restricting the use nam Veterans Day. S.F. 3050, sponsored by stadium is the right thing to do before we of local government aid for Minneapolis Sen. Jim Vickerman (DFL-Tracy), extends ask for a plan or recommendations, Marty and St. Paul. Cities should be able to set the sunset date of the Minnesota Agricul- said. Sen. Warren Limmer (R-Maple their own priorities, Ortman said. She ture Education Leadership Council until Grove) seconded Marty’s concerns, saying noted that restrictions on the use of LGA 2013. S.F. 3755, authored by Sen. Amy the amendment assumes the state will buy have been proposed before and routinely Koch (R-Buffalo), repeals the authoriza- into the idea of building a stadium with rejected by the committee. Sen. Mee Moua tion for the state Persian Gulf War ribbon. public dollars. (DFL-St. Paul) said that we are in extraor- Koch said the federal ribbon supersedes An amendment to the amendment, dinary times and need to make excep- the state ribbon and the National Guard delaying the deadline for the recommenda- tions. However, Pogemiller said cities and said the law was no longer necessary. tions until 2010, was offered by Sen. Juli- Legislators will rue the day even one city anne Ortman (R-Chanhassen). Giving the was restricted in its ability to set its own Tax bill includes stadium study parties another year creates the opportu- priorities. The amendment was adopted. The omnibus tax bill was approved by nity for more discussion, more public input, Members later adopted an amendment, members of the Taxes Committee, Thurs., and less pressure, she said. Roy Terwilliger, offered by Dibble, explicitly permitting the Mar. 27. The panel added provisions re- a former Senator and chair of the MSFC, cities to use their LGA for specified priori- quiring recommendations for a professional said time is money. The longer we wait to ties. Dibble said the amendment was to football stadium to replace the Metrodome have a plan and to start building, the more advance a discussion. Ortman opposed the and subsidizing the expansion of the Mall expensive any project will be, he said. Ort- amendment, saying it was inappropriate of America. man said her proposal does not prevent the for the committee to “call the cities to the S.F. 2869, sponsored by Chair Thomas recommendations from coming back early, table” and force a discussion about priori- Bakk (DFL-Cook), is the omnibus tax bill. but simply “releases the pressure valve” in ties. Once we do it to one city, we open the It includes provisions relating to income, case there is not a clear recommendation door to dictating to other cities, she said. corporate, sales and use, property, minerals, in the next few months. The amendment The amendment was adopted. aggregate and other taxes. The measure has to the amendment was not adopted. The Another amendment offered by Ort- a net general fund impact of $150 million main amendment was adopted on a 9-4 roll man imposes a cap on property taxes for se- in additional revenue in FY 09. Members call vote. nior citizens who have lived in their homes reviewed the bill’s base provisions at an Sen. Rod Skoe (DFL-Clearbrook) of- for at least 25 years and have incomes earlier meeting and devoted their final fered three amendments. The first includes below $60,000. This is essentially revenue discussion to considering amendments. smaller farms and animal production neutral, Ortman said, and permits local Bakk offered an amendment providing operations in the Green Acres program. units of government to either raise their tax support for a proposed expansion of the The second permits cities to continue levies or spread the burden to other taxpay- Mall of America. He said the provisions their previous levy if they fail to certify a ers to make up for the cap. She said esti-

4 mates from the Dept. of Revenue indicated benefit from private education, she said. Omnibus budget bill gains about 100,000 seniors would benefit from At this income level, the proposal affects The Finance Committee, chaired by the cap. The 25-year residency require- about 75,000 tax returns and costs about Sen. Richard Cohen (DFL-St. Paul), held ment, she said, is meant to recognize that $9 million, she said. That is not a lot of a marathon hearing Fri., Mar. 28, to as- these seniors have contributed significantly money at the state level, but the credit will semble all the components of the omnibus to their communities. They have built the be significant for the families that receive budget bill. The omnibus bill contains schools and other infrastructure and should it, Ortman said. Bakk said every dollar not feel like they need to move away budget adjustments to alleviate a $935 in revenue raised in the bill is needed to million shortfall. The shortfall equals because they cannot afford the property reconcile the state’s budget. If we adopt the taxes, Ortman said. Sen. Keith Langseth about 2.7 percent of total general fund amendment, other areas of the budget will spending. The omnibus bill is comprised (DFL-Glyndon) said the existing circuit need to take corresponding cuts, he said. breaker program is a better alternative. of articles developed by each budget divi- The amendment was defeated. Another One generation should not be exempted sion and amended into one large pro- Ortman amendment phases in, over a from the burden of property taxes, even in posal. The measure contains general fund part, he said. In some cases, young fami- four-year period, a subtraction for military pay and pensions. We can provide real tax reductions amounting to $382.66 million. lies need more help than seniors, he said. Cohen said in balancing the budget, the After some discussion, members lowered relief to veterans and those on active mili- tary duty with this proposal, she said. Bakk Senate must also take into account about the threshold to include only seniors with $49 million in appropriations contained incomes below $40,000. The amendment noted that, though the first fiscal impact is in bills passed by the Senate earlier in the was adopted. not realized until the next biennium, it is Ortman also offered an amendment significant. The amendment adds $28 mil- session. In addition, the budget reconcili- offering a tax credit for K-12 education lion to a shortfall already projected to be ation includes $100 million from the bud- expenses to taxpayers with incomes below at least $1 billion in the next biennium, he get reserve, $350 million from the cash $37,500. These are low-income families said. The amendment was not adopted. flow account and an increase in revenue who are already paying for our public S.F. 2869 was approved and forwarded of $150.144 million from the Senate tax schools, but believe their children would to the full Senate. bill.

The Senate Taxes Committee puts the finishing touches on its omnibus bill, Thurs., Mar. 27. Photo by David J. Oakes

5 Committee update Agriculture and Veterans the control of bovine tuberculosis, permits sponsored by Sen. Sandy Rummel (DFL- chiropractors to practice on animals, and White Bear Lake). Budget and Policy Division provides for special motorcycle plates for The division removed the fiscal im- veterans. pact of PSEO changes, and standardized Budget cutting plan approved Before advancing the measure, mem- enrollment for online education program, A package of budget cuts totaling offered in an amendment by Sen. Tom $1.378 million was approved by members bers also considered amendments. Sen. Gary Kubly (DFL-Granite Falls) offered Saxhaug (DFL-Grand Rapids). of the Agriculture and Veterans Budget The division debated an amend- and Policy Division, Tues., Mar. 25. The an amendment providing for the purchase of World War II medallions by veterans. ment, offered by Sen. Dan Skogen panel, chaired by Sen. Jim Vickerman (DFL-Hewitt), removing transportation (DFL-Tracy), advanced the proposal to The amendment was adopted. Sen. Steve services contract requirements, including the full Finance Committee. Dille (R-Dassel) offered an amendment reporting requirements on the background The package includes net increases requiring a veterinarian’s referral for an and training of drivers, and a “right to for the Dept. of Agriculture, Board of animal to be taken to a chiropractor. The refuse” proposal. Skogen said the sec- Animal Health and Dept. of Military amendment was defeated. tion negatively affects rural districts with Affairs. Within the Dept. of Agriculture, smaller fleets. Gaylon Lenz of the School the proposal reduces the agency’s general E-12 Education Budget Bus Association said the right to refuse operating budget by $652,000, but pro- proposal could put waiting children in vides $700,000 in additional funding for a Division danger, and the reporting language vio- new livestock investment grant program. lates the privacy of private businesses. A The new money for the Board of Animal Hockey designation adopted representative of the Service Employees Health, $2.724 million, is to combat bo- The E-12 Education Budget Division, International Union said that the issue is vine tuberculosis. The additional funding chaired by Sen. LeRoy Stumpf (DFL- about driver experience and the stabil- for the Dept. of Military Affairs, $375,000, Plummer), worked through amendments ity of the workforce. A representative of is to enhance employer support of the to an E-12 education miscellaneous policy Education Minnesota said it opposes the guard and reserve program, make bonus bill, Wed., Mar. 26. S.F. 3001 is sponsored amendment because the section helps payments to recertified medics, add state by Sen. Charles Wiger (DFL-Maplewood). districts get the best value and improves navigator positions to assist in soldiers’ re- Small changes to student assessment safety. The amendment failed on a divided integration, and study the National Guard proposals were okayed in an amendment voice vote. youth challenge program. The package also includes a net reduction in funding for the Dept. of Vet- erans Affairs, to the tune of $4.625 mil- lion. The major cut is $9 million from the Minnesota GI bill program. Fiscal Analyst Dan Mueller said the program was being underutilized and was therefore consid- ered to be running a substantial surplus. The agency indicated eligible veterans are using federal resources and not tapping the state program as heavily as anticipated last year, he said. Some of the savings from the program are reallocated, under the proposal, to other veterans’ initiatives, such as a $2.5 million increase for the state soldiers assistance program.

Ag, vets policy bill okayed Members of the Agriculture and Veterans Budget and Policy Division met Thurs., Mar. 27, to approve an omnibus policy measure. The bill, S.F. 3683, was advanced to the full Finance Committee. Carried by Chair Jim Vickerman (DFL-Tracy), the measure includes provisions from a number of bills heard Commissioner of Veterans Affairs Clark Dyrud, left, congratulates Sen. Dan Skogen by the panel over the course of the ses- (DFL-Hewitt) following a bill signing ceremony in the Governor’s Office, Thurs., sion. Among other things, it provides Mar. 27, as Rep. Kathy Tingelstad (R-Andover) looks on. Skogen was the chief for livestock expansion grants, modifies author of legislation honoring Minnesota’s Vietnam veterans by designating March prohibitions on pesticide use, provides for 29 as an annual Vietnam Veterans Day. Photo by David J. Oakes

6 Skogen came back later with compro- An amendment making changes to consequences and advanced, at the next mise language that was adopted. The new a special education task force, offered by meeting, as a policy-only bill to the full amendment leaves in a recruitment and Sen. Linda Scheid (DFL-Brooklyn Park), Finance Committee. Provisions with fiscal retention plan with fewer requirements, was approved. consequences will be amended into the and puts the determination of whether a Sen. Betsy Wergin (R-Princeton) of- division’s budget reconciliation recom- bus is safe to drive in the hands of a trans- fered, and members approved, an amend- mendations, he said. portation supervisor. ment removing a world class schools The committee approved an amend- working group from the legislation. Omnibus budget proposal ok’d ment, offered by Sen. Terri Bonoff Members resumed their consideration The E-12 Education Budget Division, (DFL-Minnetonka), allowing rural school of the proposal at an evening hearing. chaired by Sen. LeRoy Stumpf (DFL- districts to create a cooperative board at Wergin offered an amendment removing Plummer), met Thurs., Mar. 27, to began their own discretion to coordinate trans- a world-class schools vision statement work on the division’s omnibus budget portation services. from the bill. The provision contains good proposal. The members began by review- Sen. Kathy Saltzman (DFL-Wood- goals, but they should not be in statute, ing the spreadsheet detailing appropria- bury) offered an amendment that sets Wergin said. Rummel, chief proponent of tions and reductions, then turned their minimums for assessment of reading the world-class schools provisions, said she attention to the proposal’s language. The instruction for new teachers and removes understood the hesitation to have a vision panel also heard testimony from a variety any fiscal impact. The Board of Teaching statement in statute and that a resolution of groups. supported the amendment, which was would be more appropriate. The amend- Fiscal Analyst Eric Nauman said adopted. ment was adopted. Saxhaug offered, the division had a reduction target of An amendment to remove language and members adopted, an amendment $892,000 and the proposal contains re- requiring school districts to offer respon- providing for a working group on outdoor ductions of $894,000 below base. He said sible family life and sexuality education education. the reduction amounts to a 4 percent cut that is age appropriate and medically ac- Wiger offered an amendment repeal- to the Dept. of Education. The bill also curate to 7th through 12th graders failed ing a required report on community provides reciprocity with adjoining states, on a tied voice vote. Amendment sponsor education. Wiger said the data contained modifies districts’ transition revenue, in the report has proven unusable. The Sen. David Hann (R-Eden Prairie) said reduces the state total basic alternative amendment was adopted. Wiger also the provision is a mandate. Teacher Barb teacher compensation aid entitlement, offered an amendment requiring schools Anderson said the most widely used increases the lease levy cap, alters general to set aside, from their safe schools levy curricula was inappropriate and did not education aid, eliminates an unused di- discourage sexual behavior. Sen. Claire revenue, at least $3 per student to pay costs for licensed school counselors, saster relief facilities grant for ISD #239, Robling (R-Jordan) commented that most licensed school nurses, licensed school Rushford-Peterson, and limits the growth districts already meet the standards laid social workers, licensed school psycholo- of Q comp until 2013. out in the bill, and it is not necessary. gists, and licensed alcohol and chemical In addition, the bill adopts ice hockey Sen. Patricia Torres Ray (DFL-Mpls.) dependency counselors to help provide as the official sport of the state; establishes said it is important to ensure medically early responses to problems. The amend- a virtual education program; provides accurate information is taught in schools ment was not adopted. for a growth-based value added system of to counter images and misinformation in Sen. Kevin Dahle (DFL-Northfield) assessments that measures the difference the media. In addition, Torres Ray said it offered an amendment adjusting staff de- between an established baseline of growth is difficult for parents to provide the same velopment provisions in the bill. Several and a student’s growth over time; and education, particularly when English is members expressed concern because the provides for a coordinated comprehensive not the parent’s first language. Sen. Tar- amendment addressed a purely policy system of educational accountability and ryl Clark (DFL-St. Cloud) said the bill matter. The amendment was defeated on public reporting that promotes greater centers control in local districts, which a divided voice vote. Skogen offered an academic achievement, preparation for can determine their own policies and cur- amendment deleting a provision permit- higher academic education, preparation riculum. ting libraries that are not part of a regional for the world of work and citizenship. The An amendment offered by Sen. Gen library system to have access to the Elec- measure also provides for teacher licensure Olson (R-Minnetrista) establishes hockey tronic Library for Minnesota. Libraries via portfolio, requires school district plans as the official state sport. While the should be encouraged to cooperate with to improve student’s academic achieve- proposal has advanced to the floor in the each other and join a regional system, ment, establishes an advisory task force Senate, the other body did not advance he said. Wiger said the policy committee on improving students’ academic achieve- any bills designating official state symbols, had a full discussion of the proposal and ment, and provides grants for the virtual Olson said. The division adopted the decided to support allowing independent education program, the mathematics and amendment. libraries to have access. The amendment science teacher centers and institutes, The division approved an amend- failed on a divided voice vote. the Minnesota Humanities Commission, ment, offered by Bonoff, to add a school After completing their consider- the Minnesota Historical Society and the janitor to a task force addressing the use ation of amendments, members laid S.F. Principal’s Leadership Institute. of environmentally sensitive cleaning and 3001 over. Stumpf said the bill would The bill increases aid for traditional maintenance products. be stripped of all provisions with fiscal school breakfast aid and kindergarten

7 Committee update further examination revealed no fiscal impact, she said. The amendment was adopted. Anderson also offered an amend- ment providing that districts cannot take away recess from elementary students as a form of discipline. Recess is the sim- plest and cheapest way to make sure that students get daily exercise and physical activity, Anderson said. I support teachers having the ability to discipline students in meaningful ways, she said, but “taking away recess is like taking away lunch.” Hann spoke against the amendment, say- ing deciding whether denying recess is an appropriate discipline is for school boards. The amendment was adopted. An amendment removing a proposed physical education graduation require- ment was offered by Sen. Kathy Saltzman (DFL-Woodbury). Schools are already stretched to the limit, she said, and par- ents and schools need the ability to make academic choices. It is very important that we encourage physical activity in schools, especially to prevent and combat childhood obesity, Torres Ray said. The amendment was not adopted. Saltzman Senators Mee Moua (DFL-St. Paul), left and Ann Rest (DFL-New Hope) huddle offered an alternative amendment permit- around a laptop computer during the Senate floor session, Tues., Mar. 25. ting school districts to grant a waiver of Photo by David J. Oakes the physical education requirement, upon written request of a student’s parents. The milk, establishes an American Indian offers districts greater funding flexibility. amendment was adopted. Members also Education Committee, provides for Jan Alswager, Education Minnesota, spoke adopted an amendment, offered by Sen. an outdoor education working group, against the amendment, saying current Gen Olson (R-Minnetrista), adding a provides for developmental screening , es- law gives districts flexibility if the board provision designating hockey as the state tablishes a State Advisory Board on Early negotiates with teachers. All the amend- sport. Learning, makes E-12 education forecast ment does is cut out the teachers, she said. S.F. 3001 was advanced to the Fi- adjustments and makes other funding The amendment was not adopted. S.F. nance Committee. adjustments. 3631, the education funding bill, carried Testimony on the measure focused by Stumpf, was then advanced to the full primarily on limiting the growth of Finance Committee. Economic Development Q comp and student testing. Several After completing the funding bill, Budget Division speakers expressed gratitude that various members returned to the omnibus policy programs received funding in the measure, bill, S.F. 3001, sponsored by Sen. Charles Econ. dev. omnibus bill assembled especially the early childhood provisions. Wiger (DFL-Maplewood). Hann offered The Economic Development Budget Jim Grathwol, representing the Minneap- an amendment relating to family and sex Division, chaired by Sen. David Tomas- olis Public Schools, said, “The bill is lean, education, similar to an amendment he soni (DFL-Chisholm), reviewed the but not mean.” had previously and unsuccessfully of- omnibus economic development bill and Members also reviewed provisions in fered to the bill. Sen. Patricia Torres Ray processed amendments, Wed., Mar. 26. the education policy bill assembled the (DFL-Mpls.) opposed the amendment, The bill reduces impact on the general previous evening. Stumpf said the panel saying considerable work had already gone fund by $2.15 million in 2009 through would lay both measures over and resume into the sex education provisions and a spending measures and account transfers. deliberations at an evening hearing. last-minute amendment was inappropri- Tomassoni said that every bill in- At the evening hearing, members ate. The amendment was not adopted, on cluded in the article has been heard in the considered one substantive amendment a divided voice vote. committee process. Some of the notable to the finance bill. Offered by Sen. David Sen. Ellen Anderson (DFL-St. Paul) provisions include $100,000 for a nano- Hann (R-Eden Prairie), the amend- offered an amendment relating to school technology economic design project in ment permits school boards to waive, by district responsibilities regarding students the state, an increase in mortgage fore- majority vote, a requirement that funds in treatment. She said the language had closure prevention assistance allowed to a be set aside in a reserve account for staff been in the bill before, but was removed family or individual, and $1.75 million for development. Hann said the amendment because of concerns about a fiscal impact; a BioBusiness Alliance grant.

8 Testimony was heard on S.F. 3055, S.F. 2651 is the product of the For- lation. Bakk offered an amendment to sponsored by Sen. Amy Koch (R-Buffalo). est Consolidation Working Group, said appropriate up to $25 million to stock as The bill establishes a loan program for working group chair and bill author Sen. many fry as possible, which was adopted. businesses that suffer substantial economic Tom Saxhaug (DFL-Grand Rapids). The The bill was laid over for possible inclu- injury by the deployment of an owner bill enhances and protects forests from sion in an omnibus bill. or key employee, and makes changes to fragmentation through consolidation ef- The first of the three bills laid unemployment insurance to address the forts, said Saxhaug. The bill establishes a over without action establishes a green effects of returning employees. The bill forests for the future easement program for economy task force. S.F. 3540, sponsored is included in the omnibus bill, with an working forests, and a forests for the future by Anderson, establishes a group to ana- appropriation of $250,000. account. The bill establishes an expedited lyze how recent environmental legislation The panel deleted a land trust provi- land exchange program, predominantly such as the Clean Water Legacy Act and sion sponsored by Sen. Mee Moua (DFL- for use by the Department of Natural the renewable energy standard can be St. Paul) because it needs to be heard by Resources and counties. utilized to develop economic opportuni- State and Local Government Operations The bill also appropriates $50,000 to ties. The bill can be done within existing and Oversight Committee. study parcelization across the state and as- dollars, said Anderson. The division also approved an sess possible policy recommendations. The S.F. 3246, sponsored by Sen. Dennis amendment addressing the Iron Range $50,000 in state money would leverage Frederickson (R-New Ulm), establishes Resources and Rehabilitation Board, $150,000 from the Blandin Foundation, standard procedures for the DNR to use increasing taconite tax distributions to according to Dave Zumeta of the Min- administrative penalties, or fines up to the Iron Range higher education account nesota Forest Resource Council. The bill $10,000, to correct violations regarding and the taconite environmental fund. The was laid over for possible inclusion in an aquatic plants and waters in the state. amendment also makes one-time in- omnibus bill. S.F. 3714, sponsored by Sen. Satveer creased distributions to the Hibbing Eco- Sen. Mary Olson (DFL-Bemidji) Chaudhary (DFL-Fridley), directs $1.37 million in increased Natural Resources nomic Development Authority to retire presented three bills to the division. The Fund revenue from un-refunded gas tax bonds and the St. Louis County School first, S.F. 2943, establishes a star lake and income to recreational vehicle enforce- Board for a study on consolidation. river designation to recognize local lake associations that establish plans for sus- ment, water access programs, and grant- Sen. Pat Pariseau (R-Farmington) of- in-aid trail programs and development. fered an amendment to designate hockey tainable management of the water body. as the official state sport, which was Olson called these organizations “the first adopted by the panel. line of defense.” The bill appropriates Budget package okayed Sen. Richard Cohen (DFL-St. Paul) $100,000 to operate a Star Lake Board Members of the Environment, Energy offered an amendment to adjust payments and establish the program. Sen. Thomas and Natural Resources Budget Division to the state by the city of St. Paul for the Bakk (DFL-Cook) offered an amendment, gathered Wed., Mar. 26, to approve a RiverCentre and Xcel Center. The plan, which was adopted, to ensure a member budget reconciliation package. The panel, according to Matt Smith, finance director of the board be appointed by the Indian chaired by Sen. Ellen Anderson (DFL-St. of St. Paul, would make loan repayments Affairs Council. The bill was laid over for Paul), forwarded the proposal to the full possible inclusion in an omnibus bill. on schedule with two accelerated pay- Finance Committee. It is never easy trying S.F. 3237 directs the DNR to fol- to find where to make cuts to programs, ments until 2012, at which time the loan low the rulemaking process to address Anderson said. She said the package seeks would be forgiven. The proposal provides the proliferation of dock patios, or “party to make cuts without harming priorities. $1.5 million in the current biennium, said platforms.” Olson said the DNR has not In FY 08-09, the package reduces gen- Cohen. The amendment was adopted. taken adequate initiative to establish eral fund spending by $7.05 million and An amendment offered by Sen. Ray rules regarding large docks, and has been increases general fund revenue by $6.001 Vandeveer (R-Forest Lake) to prevent granting five-year permits instead. Kent million. The proposal’s reductions include abuse of the unemployment insurance Lokkesmoe of the DNR division of waters $4.1 million for the Dept. of Commerce, fund by family corporations was approved. said the process would take one to two $2.777 million for the Dept. of Natural years and cost the department $175,000. Resources and $473,000 for the Pollu- Environment, Energy and The bill was laid over for possible inclu- tion Control Agency. Under the package, sion in an omnibus bill. the Board of Water and Soil Resources Natural Resources Budget Olson’s third bill, S.F. 3243, appro- receives a $300,000 net increase; funding Division priates $25 million to stock Leech Lake reductions for the board are offset by an with 25 million walleye fry in 2009 and in appropriation for the state’s share of flood Forest fragmentation addressed 2010. The tourist industry around the lake response activities in Southeastern Min- The Environment, Energy and has suffered from a fisheries collapse, and nesota. There is no funding change for Natural Resources Budget Division took the DNR is not stocking the lake with regional parks supported by the Metro- action on four bills, including a proposal numbers proportionate to other healthier politan Council, under the proposal. to designate star lakes, Tues. Mar., 25. The lakes, according to Olson. A DNR repre- The additional revenue in the pack- division, chaired by Sen. Ellen Anderson sentative said that not stocking the lake age is from a $4 million transfer from a (DFL-St. Paul), also heard brief discussion would help the DNR to determine what is surplus in the telephone assistance plan on three more proposals. wrong with the lake’s current fish popu- account, a $1.4 million cancellation of

9 Committee update an unused stream protection revolving Sen. Ron Latz (DFL-St. Louis Park) vices. Rosen said one of the most critical loan fund, a $101,000 cancellation of presented S.F. 3021, paying claims against needs people who are trying to get back the future resources fund, and a $500,000 the state. The bill pays claims to a worker on their feet have is for reliable transpor- increase in water usage fees charged by within the Dept. of Corrections disabled tation, particularly in Greater Minnesota. the DNR. Fiscal Analyst Dan Mueller by an accident while working, and an Members laid the bill over for possible explained that the DNR’s large-volume individual also within the corrections inclusion in the omnibus bill. water permitting programs cost about $7.8 system whose medicine bag was lost. S.F. 3329, sponsored by Berglin, ap- million annually, but fees support only Another payment is made to a resident propriates money for supported work and $4.8 million. The proposal represents whose property was damaged by officials auto-related costs for MFIP participants. a step forward in slowly reducing the searching for an uncapped well. The larg- Berglin said the measure provides tran- general fund subsidy for the permitting est claim pays $67,005 for cleanup and sitional employment for people in the programs, he said. mitigation of construction waste from an program who are having difficulty finding The package also includes policy old bridge removal discovered on residen- private employment. She said by provid- provisions related to the appropriations, tial property. ing transitional employment, participants reductions and transfers. It provides for Sen. Steve Murphy (DFL-Red Wing) can work toward fulfilling their employ- the designation of star lakes and rivers, offered an amendment clarifying that the ment plans. Berglin said the appropriation requires the DNR to update rules on struc- Dept. of Transportation is not at fault for for the second year of the biennium was tures allowed in public waters, creates an the waste disposal. Murphy said the bill vetoed last year and the bill restores the expedited process for land exchanges be- may open up the department for future appropriation. The measure also specifies tween the state and political subdivisions, litigation when there are other parties that any unused funds from the current and provides for coordinating the state’s that hold responsibility. The committee year may be used in the second year. economic development and environmen- approved the amendment. Latz said that Deborah Schlick, Affirmative Options tal policies. the Joint House-Senate Subcommittee Coalition, said, “We believe transitional Sen. Satveer Chaudhary (DFL-Frid- on Claims, which determines what claims employment is crucial for welfare to work ley) offered an amendment creating the should be paid, is more a court of equity programs.” She said it is also a good way Lessard-Heritage Enhancement Council not necessarily liability. to use limited safety-net funds in a soft to oversee funds allocated to habitats in a economic environment. The measure proposed constitutional amendment dedi- was laid over for possible inclusion in the cating new sales tax revenue to the state’s Health and Human Services omnibus bill. natural and cultural resources. Several Budget Division Berglin also carried S.F. 3290. The members raised concerns about placing measure provides a ten percent cost of the language in the omnibus budget rec- MFIP bills heard living increase to MFIP participants, onciliation measure, especially when the The Health and Human Services prohibits unpaid work, modifies the MFIP provisions are traveling in other legisla- Budget Division, chaired by Sen. Linda hardship extensions, repeals the MFIP tion. The amendment was not adopted. Berglin (DFL-Mpls.), held an evening family cap and repeals the $50 housing hearing Tues., Mar. 25, to hear a series penalty. Linden Gawboy, Welfare Rights of bills relating to the Minnesota family Committee, said the bill provides great Finance investment program (MFIP). relief for little cost. The measure was also Claims against the state okayed S.F. 3170, authored by Sen. Patri- laid over for possible inclusion in the The Committee on Finance reviewed cia Torres Ray (DFL-Mpls.), modifies omnibus bill. the higher education policy recommen- the MFIP work participation program, S.F. 3242, sponsored by Berglin, is dations, Tues., Mar. 25. The committee, changes MFIP child care assistance provi- separate bill that repeals the MFIP family chaired by Sen. Richard Cohen (DFL- sions and makes technical changes. Mem- cap. The cap prohibits an increase in the St. Paul), also approved a bill settling bers adopted a clarifying amendment and MFIP grant when a child is born, Berglin $86,657.15 in total claims against the an amendment deleting portions of the said. Alexandra Fitzsimmons, policy direc- state. bill in order to include those portions in tor, Minnesota Catholic Conference, said Sen. Sandra Pappas (DFL-St. Paul), the division’s omnibus bill. The measure the cap punishes families who are strug- sponsor of the higher ed proposal, S.F. was approved and advanced to the full gling to make it out of poverty. Members 2942, said there had been some confusion Finance Committee. laid the bill over for possible inclusion in between budget, policy, and policy about Sen. Julie Rosen (R-Fairmont) spon- the omnibus bill. budget, which is why the bill was before sored a bill, S.F. 3113, transferring funds the committee. Staff reported that the bill from the temporary aid to needy families Spreadsheet adopted does not change any appropriations. (TANF) to community action agencies Members of the Health and Human A section of the bill appointing four for auto repair or auto purchase grants to Services Budget Division met twice Wed., legislators to a Minnesota P-16 Educa- individuals with children whose income Mar. 26, to complete work on the divi- tion Partnership was removed because it makes them eligible to receive benefits sion’s omnibus bill. The first hearing was had not been approved by the Rules and under MFIP. The bill also requires each devoted to consideration of the spread- Administration Committee yet. The bill community action agency administering sheet detailing the budget changes and as amended was approved and sent to the the funds to provide a ten percent match the second hearing was focused on the floor. using either nonstate funds or in-kind ser- language of the omnibus bill.

10 Senators Claire Robling (R-Jordan), left, and Kathy Sheran (DFL-Mankato) consult during a Higher Education Budget and Policy Division meeting, Tues., Mar. 25. Photo by David J. Oakes At the outset, Chair Linda Berglin Godfrey said general fund reduc- Rochester) said an affirmative vote on (DFL-Mpls.) said, “I feel totally inad- tions for the Dept. of Human Services the motion did not indicate the cuts are equate to the job of making the cuts amount to $133 million, for the Dept. of warranted or wanted. “An affirmative vote requested, but there are some items that Health $6.466 million, for veterans nurs- on the motion means we have a job to we were able to preserve that the governor ing homes $1 million, the health related do,” Lynch said. recommended cutting.” She said we are boards $2 million and the Emergency Koering moved to reduce the fee- not accepting the governor’s recommen- Medical Services Board $3 million. Other for-service pharmacy rate and reinstate dations for reductions for long term care, reductions come from a variety of cuts to the funding for the positive alternative for decreasing eligibility, or for reducing individual programs, Godfrey said, includ- grant program. The motion failed on a 4-4 pharmacy benefits. “We are not accepting ing increasing the Minnesota health care roll call vote. Sen. Kathy Sheran (DFL- the governor’s proposal to use the health plan managed care withholding from five Mankato) moved to accept one half of the care access fund to balance the budget,” percent to eight percent, delaying inpa- reduction in the fee-for-service pharmacy tient hospital payment, reducing fee for rate and reinstate one half of the funding Berglin said. “We are asking for increased service outpatient hospital rates by three for the positive alternative grant program. administrative efficiency and economies,” percent, delaying the effective date of The motion was adopted on a 5-3 roll call she said. the long-term care cost of living increase vote. Fiscal Analyst David Godfrey gave from July to October of this year, reduc- The motion to adopt the spreadsheet a line-by-line explanation of the spread- ing Dept. of Human Services grants by was approved on a 5-4 roll call vote. sheet. Berglin said the division had a 1.4 percent and reducing the base for the Members reconvened in the evening target of $205.108 million in general Minnesota sex offender program by four and heard testimony on the omnibus fund reductions for FY 08-09 and the cuts percent. proposal. Geoff Bartsh, HealthPartners, detailed in the spreadsheet met the target. After reviewing the spreadsheet, said the provisions relating to a refund of As detailed in the spreadsheet, FY 08-09 Berglin said, “We have a responsibility health plan reserves were not appropriate general fund spending is reduced $205.108 to balance the budget; a responsibility to for organizations such as HealthPartners. million, state government special revenue make the best decisions we can under the Iris Freeman, representing long-term care fund spending is increased $5.217 mil- circumstances.” Sen. Paul Koering (R-Fort employees, said she appreciated maintain- lion, health care access fund spending is Ripley) said a cut to the positive alterna- ing the cost of living increases for long- reduced $3.641 million, federal temporary tive grant program made it impossible term care employees. aid for needy families (TANF) spending for him to support a motion to adopt the Linden Gawboy, Welfare Rights is increased $50.650 million and statutory spreadsheet. He asked for a roll call vote Committee, said it was shocking that the fund spending is increased $12.7 million. on the motion. Sen. Ann Lynch (DFL- MFIP grant increase for poor families was

11 Committee update not included in the proposal. She also said Non-accredited dentist licensing The bill was approved and re-referred to the use of TANF funds for purposes other provisions approved the Committee on Finance. than helping poor families was outrageous. The Health and Human Services S.F. 2795 provides for use of transfer Mary Krinkie, Minnesota Hospital As- Budget Division, chaired by Sen. Linda on death deeds. Bill sponsor Ron Latz sociation, said the rate cuts for inpatient Berglin (DFL-Mpls.), heard five bills, (DFL-St. Louis Park) said the bill is the hospital supplemental payments comes on Thurs., Mar. 27. initiative of the Minnesota State Bar top of previous rate cuts and create hard- S.F. 3735, sponsored by Sen. Gary Association. The division approved an ship for hospitals. Kubly (DFL-Granite Falls), provides amendment to remove the fiscal impact Members then reviewed the language $20,000 each to 12 living-at-home or on the Dept. of Human Services. The bill of the proposal. The language makes block nurse programs that currently oper- was approved and re-referred to the Com- technical and policy changes, Berglin ate without base funding. The money is mittee on Finance. said. Members adopted the proposal and transferred from the community service S.F. 3005, sponsored by Sen. Yvonne considered amendments. grant program. A representative of the Prettner Solon (DFL-Duluth), requests Sen. Ann Lynch (DFL-Rochester) Elderberry Institute said these programs that schools distribute information on offered an amendment providing for a provided 108,000 volunteer hours last year vaccines for meningococcal and human mid-level dental hygiene practitioner for general elder care in neighborhoods. papillomavirus diseases to students and pilot program. Lynch said the amend- The amendment was approved, and the parents in grades 6, 9 and 12. The bill also ment represents a scaling back of a bill bill was re-referred to the Committee on requests districts to post access to the in- she sponsored establishing the mid-level Finance. formation on their websites. The Depart- practitioner position. Dominic Sposeto, S.F. 3122 directs the Department of ment of Human Services already has this representing the Minnesota Dental As- Human Services to conduct a study on information printed and on the internet, sociation, spoke in opposition and said the alternative approaches to offering dental said Prettner Solon. An amendment amendment put the cart before the horse. coverage to public program enrollees. was approved to address the concerns of school nurses by making it voluntary. The Lynch said there was a crisis in Greater Berglin said the division didn’t have the bill was approved and re-referred to the Minnesota and the amendment would $100,000 appropriation at this time, and Committee on Finance. be a step forward. The amendment was the bill was laid over. Bill sponsor Sen. adopted. John Doll (DFL-Burnsville) offered an Members also adopted two amend- amendment to execute the study to the Higher Education Budget ments offered by Berglin. One amendment extent that resources are available. The and Policy Division provides for an interdepartmental transfer. amendment was approved. Another amendment relates to a provi- Sen. Ann Lynch (DFL-Rochester) Supplemental budget okayed sion passed last year dealing with mental then offered S.F. 249 as an amendment A proposal reducing higher education health reform, she said. Berglin said the to the bill, addressing licensing of gradu- funding by $27.701 million in FY 08-09 amendment allows more parts of the state ates of non-accredited dental programs. was approved by members of the Higher to be included as pilot projects in county Dominick Sposeto of the Minnesota Education Budget and Policy Division, based purchasing. Dentists Association said licensing of Tues., Mar. 25. The panel, chaired by Sen. foreign dentists has provided culturally Sen. Yvonne Prettner Solon (DFL- Sandra Pappas (DFL-St. Paul), advanced appropriate treatment that addresses Duluth) offered, and members adopted, the proposal to the full Finance Com- language barriers in many communities. two amendments that were combined into mittee for inclusion in a global omnibus The bill requires individuals to complete one. The amendments restore the appro- supplemental budget bill. the clinical licensure examination, after priation for the fee-for-service pharmacy The supplement budget proposal which they are issued a provisional license reduces funding within the Office of program and eliminate the funding for the to practice under the supervision of a positive alternative grants program. The Higher Education by $7.701 million. The Minnesota-licensed dentist. The commit- bulk of the savings is from elimination of motion was not adopted. Koering moved tee approved an amendment to extend the the ACHIEVE Program, amounting to $7 to restore all the funding for the positive supervised time frame from two to three million. Of the remaining cut, $500,000 alternative grants program and reduce the years. After the three years, the licensed is from surpluses in the allocations for tu- health care access fund surplus. The mo- supervisors may recommend unlimited ition reciprocity and the 529 college sav- tion failed. licensure. The amendment was approved, ings program, and $201,000 is a reduction The panel also discussed an amend- and S.F. 3122 was re-referred to the Com- in agency administration. The proposal ment listing the appropriations and reduc- mittee on Finance. also includes a net-zero change within tions in the proposal. Legislative Analyst S.F. 3245, sponsored by Sen. Tony the state’s financial aid programs. Sen- Dave Giel said the amendment tracks Lourey (DFL-Kerrick), modifies health ate Fiscal Analyst Dennis Albrecht said the figures from the spreadsheet adopted care provider and payer uniform billing re- changes in the federal Pell Grant freed earlier in the day. The amendment was quirements passed last year. The proposal up $15 million at the state level. The adopted on a 6-4 roll call vote. provides administrative simplification and package reallocates the funds to reduce Members approved the proposal and technical corrections, said Lourey. The the student share, increase the four-year advanced the measure to the full Finance Department of Human Services is also tuition maximum and reduce the assigned Committee. authorized to levy fines under the bill. family responsibility.

12 The proposal reduces the annual base proceed. John Rajkowski said the Dept. in FY 09 to two percent at community budget of the Minnesota State Colleges of Labor and Industry has concerns about colleges and three percent at universities. and Universities by $5 million. It also using the worker’s compensation fund to The measure was adopted as an amend- reduces the annual base budget of the pay for the study. The fund is supported ment to the supplemental budget pro- University of Minnesota by $5 million. In by an assessment against employers and posal. addition, the U loses $10 million in one- used to pay benefits to injured employees, time funds in FY 08-09. he said. Spending from the fund for other Power of YOU program discussed In other action, members considered uses would likely mean an increase in the A bill extending “Power of YOU” proposals funding a study of mesothelioma next annual assessment, Rajkowski said. pilot programs to Greater Minnesota and in miners working on the Iron Range and Tomassoni said the worker’s compensation suburban areas of the Metro Area was the directing MnSCU to direct its budget fund is an appropriate source for support sole focus of the Thurs., Mar. 27, meeting reductions in ways to avoid increasing because the fund is used to deal with of the Higher Education Budget and Pol- tuition. work-related health issues. The measure icy Division. S.F. 3490, carried by Chair S.F. 3300, sponsored by Sen. David was advanced to the full Finance Com- Sandra Pappas (DFL-St. Paul), establishes Tomassoni (DFL-Chisholm), appropriates mittee. the programs, sets forth the requirements $4.9 million from the worker’s compen- Sen. Kathy Sheran (DFL-Mankato) for selecting education institutions in sation special fund to the University of carried S.F. 3795. The bill directs the the pilot areas and provides funding for Minnesota for a comprehensive science MnSCU Board to allocate its budget the program. Under the current program, and evidence-based study of miners’ lung reductions to activities that do not have Metropolitan State University, Minneapo- health. Dean John Finnegan and Dr. a direct effect on instructional services lis Community and Technical College and Jeff Mandel, both of the U of M School and that do not result in reductions to St. Paul College partner with Twin Cities of Public Health, discussed the Univer- amounts distributed to individual campus- high schools to prepare students for higher sity’s preliminary work on the study and es. The bill also indicates the Legislature’s education. Pappas said the purpose of the how the study envisioned in the bill will intent to limit MnSCU tuition increases program is to promote the preparation

St. Paul College students Delisa Tims and Harrison Jones share with members of the Higher Education Budget and Policy Divi- sion, Thurs., Mar. 27, how they have benefited from the Power of YOU program. Photo by David J. Oakes

13 Committee update and enrollment of students who otherwise Members also heard from Phillip Judiciary Budget Division would not participate in postsecondary Davis, president, Minneapolis Community education. The program covers the cost and Technical College, and Donovan Budget cuts gain of tuition and fees for two years or up to Schwichtenberg, president, St. Paul Col- A package of $5.84 million in budget 72 credits at the three higher education lege, in support of the program. Davis said cuts to the judicial system was approved institutions, Pappas said the average grant to students was $1,200 by members of the Judiciary Budget Divi- Dan Mueller, Wilder Research, began for tuition and about $850 for support sion, Wed., Mar. 26. The panel, chaired the hearing by detailing the results of the services. He said the program focuses on by Sen. Leo Foley (DFL-Coon Rapids), extra efforts made for students under the students who think college is out of reach advanced the proposal to the full Finance program. He said there is a significant for financial or other reasons. Davis said Committee. increase in retention rates for partici- The cuts in the package are distrib- MCTC is trying to reach students earlier pants in the program. The Power of YOU uted $652,000 to the Supreme Court, currently targets students in the urban to help them prepare for higher education. $100,000 to civil legal services, $213,000 core, Mueller said. However, academic Several students participating in the to the Court of Appeals, $3.484 million achievement varied by institution, he program said the program provides hope to the District Courts and $1.391 million said. Mueller said results after the first year for students who otherwise would not to the Board of Public Defense. Except find that there are challenges in preparing consider college. for the cut to civil legal services, all the students adequately for higher education Members adopted an amendment reductions are annual cuts to the entities’ and challenges in the academic struggle specifying that the appropriation in the base budgets. In addition to trimming to achieve. Mueller said successes of the bill may only be used for tuition aid. The spending, the proposal also raises $1.781 program include a substantial boost in en- bill was laid over. Pappas said the measure million in revenue by increasing the rollment among under-represented groups was included in the other body’s omnibus surcharge on criminal and traffic offenders and higher retention rates for the Power bill and that she wanted Senators to have by $3, to $75. The proposal also permits of YOU students. a complete understanding of the program. the judicial branch to accept credit cards,

Senators Sandra Pappas (DFL-St. Paul) and Rick Olseen (DFL-Harris) closely examine budget recommendations during a meet- ing of the State Government Budget Division, Wed., Mar. 26. Photo by David J. Oakes

14 debit cards, charge cards and other forms S.F. 3259, carried by Sen. Linda for defendants convicted of a crime, but of electronic funds transfer for fees and Berglin (DFL-Mpls.), allows persons facing who are serving in or are veterans of the other payments. Under the proposal, the civil commitment as sexually dangerous armed forces and have been diagnosed as judiciary may impose a convenience fee persons or sexual psychopathic personali- having a mental illness. The amendment for transactions. State Court Administra- ties to choose to be confined in correc- was adopted. An amendment, offered by tor Sue Dosal said the courts would only tional facilities and addresses the cost of Moua, dealing with collateral sanctions impose the convenience fee for online care for persons facing civil commitment. and reentry was also adopted. Moua said transactions. Berglin offered, and members adopted, an the amendment specifies that unless a amendment removing all provisions relat- criminal background check is required, an ing to corrections from the bill. Members employer may not consider nonconviction Public Safety Budget also adopted a series of amendments relat- criminal records in hiring. Moua said the Division ing to Dept. of Human Services custody amendment also contains an affirmative of sex offenders. One amendment requires defense for employers. Budget proposal advanced a working group to review the licensing The Public Safety Budget Division, of sex offender facilities and determine if chaired by Sen. Linda Higgins (DFL- changes in licensing similar to the system Rules and Administration Mpls.), met Wed., Mar. 26, to review in Wisconsin could reduce costs. Another Two measures advance the division’s omnibus budget reduction amendment clarified that the definition of The Rules and Administration Com- proposal. Fiscal Analyst Chris Turner vulnerable adult does not include persons mittee, chaired by Sen. Lawrence Poge- outlined the spreadsheet accompanying on hold orders or sex offenders. A final miller (DFL-Mpls.), met briefly Fri., Mar. the proposal. He said the division was amendment provides for a review panel for asked to make $11.88 million in general 28, to review two measures containing sex offenders release. provisions calling for the appointment of fund reductions. Turner said the governor’s S.F. 2790, sponsored by Higgins, origi- Legislators to advisory committees. recommendation was for a net reduction of nally contained a number of provisions S.F. 3540, sponsored by Sen. Ellen $9.9 million. Under the proposal, reduc- aimed at enhancing the successful reentry Anderson (DFL-St. Paul), creates a task tions for the Department of Public Safety of offenders. However, Higgins said the amount to $1.946 million, reductions for fiscal note on the bill made it prohibitively force to analyze and plan for an economy the Dept. of Human Rights amount to expense. As a result Higgins offered an that advances the environmental and $112,000, and reductions for the Dept. amendment deleting many of the sections energy policies of the state. Anderson of Corrections amount to $7.88 million. with fiscal implications. She said the bill is said the bill is aimed at helping the state The measure also includes a transfer of $2 the product of an informal reentry working attain the ambitious energy goals set last million from the fire safety account to the group that met over the interim. Members year. Members adopted an amendment general fund, Turner said. He said the plan adopted the amendment, which removed specifying that the legislative members of implements a two percent cut, rather than a required deferment of prosecution for the task force be appointed by the Rules the four percent recommended by the first-time, low level drug possession offend- and Administration Subcommittee on governor. ers, a study of reentry facilities, a reentry Committees, rather than by the Majority Commissioner Joan Fabian, Dept. court task force and a repeal of a sunset on and Minority Leaders as set forth in the of Corrections, said she appreciated the bill. Sen. Thomas Bakk (DFL-Cook) also division’s support, but the department has provisions permitting conditional release of nonviolent drug offenders. offered, and members adopted, an amend- taken substantial cuts in the past. She said ment providing that the public members the cuts in the proposal will compromise Higgins said most of the remain- of the task force be paid a per diem of $55. public safety. Fabian said the department ing portions of the bill relate to certifi- has projected a $10 million shortfall in cates of good conduct. Under the bill, a S.F. 2811, carried by Sen. Ann Lynch the future, and combined with the cuts certificate of good conduct is sufficient (DFL-Rochester), redefines the mission in the proposal, will result in significant evidence of rehabilitation for the purpose of the Permanent School Fund Advisory layoffs. Higgins said all the division chairs of public employment or occupational Committee and adds legislative members advocated for the departments under their licensure. Higgins said the certificate of to the committee. Lynch said the bill is jurisdiction, but there is a $1 billion short- good conduct could be extremely helpful part of an overall strategy to improve the fall that must be reconciled. for people who have truly turned their management of school trust fund lands. Members approved the proposal and lives around. The measure outlines the Both measures were advanced to the advanced the measure to the full Finance process for obtaining a certificate of good Committee on Finance to be incorporated Committee. conduct and the eligibility requirements into the omnibus budget bill. In other action, the division heard for the certificate. Members adopted an four additional bills and advanced the amendment deleting the provisions relat- measures to the full Finance Committee. ing to the good conduct certificate. The State Government Budget S.F. 3608, authored by Sen. Mee remaining portions of the bill provide for Division Moua (DFL-St. Paul), provides for a mini- a working group on controlled substance mum presumptive executed sentence for laws and provide for a review of guidelines State gov. omnibus proposal gains repeat sex offenders. S.F. 3294, sponsored for the revocation of parole and supervised The State Government Budget by Sen. Sharon Erickson Ropes (DFL- release. Division unveiled its omnibus budget Winona), clarifies repayment requirements Higgins offered an amendment allow- reduction proposal at the Wed., Mar. 26, for FEMA funds. ing a court to consider treatment options meeting. Chair Don Betzold (DFL-Frid-

15 Committee update ley) said that after the November budget Members adopted one amend- In the next biennium, the proposal also forecast, budget division chairs were asked ment, offered by Rest, that incorporated increases a number of aids to local units to submit ideas for reducing expenditures. language from a bill requiring leave to be of government, including local govern- After the February forecast, Betzold said, granted to state employees who volunteer ment aid, county program aid and aid discussions were held on how to obtain to make blood donations. The proposal to townships. The measure includes a further reductions. The result, for the was advanced to the full Finance Com- moratorium on changes in assessment areas under division’s jurisdiction, was mittee for incorporation into an omnibus practices for properties of institutions of contained in the article and spreadsheet budget bill. purely public charity, in order to allow before the panel, he said. The division also heard four bills and the Legislature time to respond to a Min- He said the governor’s proposal advanced all four measures to the full nesota Supreme Court case restricting contained cuts of four percent for the Finance Committee. S.F. 3768, carried by eligibility for favorable tax treatment. Legislature and the constitutional offices, Sen. Tom Saxhaug (DFL-Grand Rap- In other action, members considered but that the Senate proposal limited ids), appropriates $10,000 in FY 08 and three bills, which were all laid over for the cuts to three percent. The proposal $10,000 in FY 09 for an International possible inclusion in the omnibus bill. reduces the operating budgets of the Legislators Forum. Saxhaug said the fo- S.F. 1950, sponsored by Bakk, provides Office of Enterprise Technology, Dept. of rum was started in reaction to the floods tax benefits for the Mall of America’s Administration, Department of Finance, in the Red River Valley, but has grown proposed expansion. The bill expands the and what is left of the Department of to include border issues, transportation mall’s TIF district, extends the district’s Employee Relations by four percent. The issues and other issues of concern to the duration, and provides a sales tax exemp- proposal reduces the operating budget of participating states and the province tion for construction materials and equip- the Dept. of Revenue by 3.1 percent, but of Manitoba. S.F. 3239, carried by Sen. ment used in the expansion. Representa- provides an additional $4 million for in- Mee Moua (DFL-St. Paul), clarifies the tives of the mall and labor groups spoke creased audit staff in the Tax Compliance procedures and fees charged by county in support of the proposal and stressed Division. The measure does not fund the registrars of title for registering supple- the many jobs the expansion will cre- Republican National Convention guar- mental declarations of common interest ate, both in construction and on-going communities. S.F. 2001, presented by antee of $14 million as recommended by occupations. Concerns about excluding Moua on behalf of Sen. Michael Jung- the governor. Betzold said the guarantee the expansion from the fiscal disparities bauer (R-East Bethel), streamlines the was going to be reimbursed to the state pool were raised by representatives of Dept. of Administration’s process for the the Minnesota Chamber of Commerce, anyway, so it was decided to eliminate disposition of surplus real property. S.F. the transaction. In addition, the proposal Minneapolis Downtown Council, City of 1527, carried by Sen. Dan Larson (DFL- Minneapolis and National Association of does not reduce the Target Center pay- Bloomington), establishes a presidential ments as recommended by the governor. Industrial and Office Properties. primary in the state. Under the bill, party Bakk also carried a bill, S.F. 3271, The measure also reduces the number caucuses would be held on the same date of deputy and assistant commissioners allowing a nonrefundable credit against as the presidential primary. Larson said the gross premium tax for investments in throughout all state agencies for a savings the bill will allow Minnesota to be more small business investment companies. S.F. of $3.69 million and reduces the number of a player in the selection of presidential 3476, authored by Sen. Keith Langseth of professional and technical contracts candidates. He said there was increased (DFL-Glyndon), allows a nonrefundable for a savings of $5 million. interest on the part of the public this year credit against the corporate franchise or Betzold said there are some revenue and that a presidential primary will serve individual income tax for investment in increases in the proposal, including $3.3 to maintain public participation. qualified regional investment funds. The million from a temporary surcharge fee to bill also allows a nonrefundable credit offset e-licensing implementation costs, Taxes against the individual income tax for in- $16 million from increased tax compli- vestment in businesses that are located in ance efforts, and $10 million from Dept. Omnibus tax bill heard border city development zones and that of Revenue bank data matches. The pro- Consideration of the omnibus tax rely on innovation, research or the devel- posal reduces general fund expenditures bill began, Wed., Mar. 26, with a staff opment of new products and processes. by $12.229 million and increases revenue walk-through of the base proposal’s provi- by $34.2 million. sions. Chair Thomas Bakk (DFL-Cook) Sen. Ann Rest (DFL-New Hope) said the panel would consider amend- Transportation Budget and said the cuts to the Office of Enterprise ments at its next meeting. Policy Division Technology were penny wise and pound In FY 09, the proposal has a net foolish. She also said that she would general fund impact of $150.155 million DVS surcharge approved prefer to see more targeted reductions, in additional revenue. The two largest The Transportation Budget and rather than across the board cuts. Sen. contributors are provisions adjusting the Policy Division, chaired by Sen. Steve Claire Robling (R-Jordan) said she was treatment of foreign operating corpora- Murphy (DFL-Red Wing), heard two unsure about the impact of not providing tions, $109 million, and increasing the proposals, Thurs., Mar. 27. The first the state guarantee for the Republican June accelerated sales tax payment from proposal heard, S.F. 3787, imposes a National Convention. 80 percent to 90 percent, $31.75 million. surcharge on motor vehicle fees to fund

16 a new Division of Driver and Vehicle Historical database available and how even the state’s youngest citizens Services information system. The second, The Legislative Reference Library can get involved in the legislative process. S.F. 500, provides for funding of state has developed a database, “Legislators For more information contact Senate transit projects with transportation Past and Present,” containing information Media Services at (651) 296-0264. certificates. about Legislators who have served since Sen. Rick Olseen (DFL-Harris), territorial times. The database’s informa- MyBills system available author of S.F. 3787, said his bill funds a tion was compiled from official legislative The MyBills personalized bill tracking system upgrade that the Department of directories, obituaries, news clippings, system is now available. Users can add Public Safety has requested. The $1.75 family files and other sources. It contains House and Senate bills to their lists by surcharge would be applied to tab renew- information about terms of service, educa- bill number, subject, or author, and view als, issuance of certificates of title, driver’s tion, occupation, party or caucus affilia- the legislative status of their bills, with licenses, permits and identifications tions, leadership positions, represented items with significant current floor action cards. Pat McCormack, director of Driver communities and more. highlighted. Users can modify their lists at and Vehicle Services, said implementing The database also includes informa- any time. The MyBills system is available a new system would cost $12 million a tion about Minnesota Legislators who from the Legislative website at: http:// year for four years. served in other government functions, www.house.mn/leg/billsublogin.asp Sen. Mee Moua (DFL-St. Paul) ranging from the local level to the nation- said that a major infrastructure upgrade al level. For example, almost two dozen Legislators have served on the University Senate on the World Wide Web should be funded outright, rather than The Minnesota Legislature’s Web site of Minnesota Board of Regents; the most paid for with a fee. has been updated. A joint effort of the recent is current Regent and former Sen- Sen. Michael Jungbauer (R-East Senate, House of Representatives, Legisla- ate Majority and Minority Leader Dean Bethel) said fees already pay for things tive Reference Library, Legislative Com- E. Johnson. The database even indicates like producing license plates, and com- missions, and the Office of the Revisor which Minnesota Legislators also served puters are part of those costs. of Statutes, the site offers easier access to in another state’s legislature; there have a variety of legislative and government Alyssa Schlander representing the been at least 15, and the number may information. Minnesota Auto Dealers Association, climb as more information is compiled. The Legislature’s page (http://www.leg. said dealerships are a major user of the “Legislators Past and Present” is avail- mn) includes links to other government DVS system, and her organization sup- able online at http://www.leg.state.mn.us/ agencies and departments, as well as copies ports the additional fee as long as 100 legdb/index.asp percent is used for the system upgrade. of Minnesota Statutes, Session Laws, and The bill was amended to require a Rules. The page also allows one to track sunset of the fee in 2012. The bill, as Capitol Report: on air, online legislation and get general information amended, was recommended to pass and Explore current policy issues and about the legislative process. The site re-referred to the Committee on Finance. hear lawmakers discuss current legislative includes a district finder service for those Sponsor of S.F. 500, Sen. David proposals by watching “Capitol Report,” a who need to contact their House member Tomassoni (DFL-Chisholm), said the weekly public affairs program produced by or Senator. Other information–about visit- proposal is a different way of looking Senate Media Services. The program in- ing the Capitol, state history and symbols, at transportation funding. Byron Dale, cludes interviews with Legislators, agency and employment opportunities with the Citizens for Better Transportation, said heads and prominent policy experts advis- Legislature–is also available. Information about joint legislative de- the proposal bypasses a borrowing system ing lawmakers. It also features historical partments, the various legislative commis- that increases debt. and informational features about the Sen- ate, the Capitol and Minnesota. sions, and task forces is available at http:// The bill proposes that state banks www.commissions.leg.state.mn.us. issue money to the state transporta- “Capitol Report” airs weekly on pub- lic television affiliates in the Metropolitan The House of Representatives Web tion account as an asset in the form of page (http://www.house.mn) includes Area and on cable access channels across transportation certificates carrying the membership and committee information. Greater Minnesota. It is also available value of the projects bid cost. Auditors It also has daily news, information, and the are directed to view the certificates to be online, with archives going back to 2000: daily House schedule. House journals and assets of the bank, rather than debt. http://www.senate.mn/media legislative information are also available. Dale said that the current system cre- The Senate Web site (http://www.sen- ates money only through borrowing and Educational Videos Available ate.mn) has information about members, debt, and the proposed system creates Three videos, “Discover the Capitol,” committees and Senate staff. The page money through investment. “Power in the Process: The Anti-Hazing also has daily and weekly schedules for the David Skilbred of the Independent Law,” and “Rules, Laws and the Process,” Senate, as well as copies of the Journal and Community Bankers of Minnesota op- can now be accessed through the Legis- Senate Briefly. The status of legislation and posed the bill. He said banks do not have lature’s website at http://www.leg.mn/leg/ confirmation of executive appointments by the ability to make money and the bill is youth/video.htm (Requires Real Player.) the Senate is also available. not workable. These videos are excellent sources of Both the Senate and House Web sites The committee approved a motion information on the history of the State offer streaming video access to floor and to table the bill. Capitol, how laws are made in Minnesota selected committees.

17 Senate Briefly

Page 2 Highlights

Page 6 Floor update

Page 12 Committee update

Hannah Stoll, an eighth grader at Forestville Middle School in Brainerd, joins other Brainerd residents in the Capitol Rotunda, Tues., Apr. 1, to express con- cerns over public school funding. Photo by A.J. Olmscheid

April 4, 2008 Senate Highlights Omnibus tax bill approved Members adopted one amendment, country. Bakk said it is a very attractive The Wed., Apr. 2, floor session was offered by Bakk, making a number of amendment, but the cost in the next bien- devoted primarily to discussion of the technical changes. A second amendment, nium is over $28 million. The amendment omnibus tax bill, S.F. 2869. The bill, spon- sponsored by Bakk, provides a property failed on a voice vote. sored by Sen. Thomas Bakk (DFL-Cook), tax exemption for one year for property Sen. David Senjem (R-Rochester) au- makes changes in the local government damaged in a disaster. thored an amendment deleting provisions aid (LGA) formula to address some of Sen. John Marty (DFL-Roseville) of- relating to foreign operating corpora- the inequities enacted in 2003. The bill fered an amendment deleting a section of tions. Senjem said much of the revenue provides an additional $70 million in the bill authorizing a study of a proposed in the bill, $109 million, comes from the LGA, provides for an LGA study group new stadium for the Minnesota Vikings. language dealing with foreign operat- and provides an inflation adjustment for Marty said the provision did not come ing corporations. He said the bill harms LGA. The bill also extends the property through a policy committee and, because Minnesota’s business climate and makes tax exemption for various innovative of the shortfall, there are better uses for the state less competitive. Bakk responded electrical generating facilities, makes the funds designated for the study. Bakk that there is a loophole in the tax law that changes in Green Acres provisions and said there was no general fund money in allows a Minnesota corporation to set up lowers property taxes on land containing the study; the cost will be split between what is essentially a mailbox outside of aggregate. In addition, the bill provides the Metropolitan Sports Facilities Com- the state and send their revenue off-shore, a tax break for farmers whose herds have mission and the team. The amendment thus allowing the companies to escape been damaged by bovine tuberculosis, was adopted on a 41-22 roll call vote. Minnesota taxes. The amendment failed. eliminates the separate property tax clas- An amendment, offered by Sen. An amendment, offered by Sen. sification seasonal recreational property, Claire Robling (R-Jordan), freezes the David Hann (R-Eden Prairie), provides a and provides a one year moratorium on LGA amount at current levels. Robling tuition tax credit for children attending changes of classification for charitable said, the Legislature doesn’t know what elementary and secondary schools. Bakk organizations. The bill provides a property the revenue situation will be in the future said the amendment creates a $9 or $10 tax cap for senior citizens, closes a loop- and placing LGA on a path of automatic million budget hole this year. The amend- hole for foreign operating corporations, increases is not a good policy. Bakk said ment failed on a 20-43 roll call vote. Sen. provides a one time sales tax exemption the increase provides more stability for Ray Vandeveer (R-Forest Lake) sponsored for the Central Corridor construction, and local units of government. The amend- an amendment providing for property provides several local sales tax options. ment failed on a 21-44 roll call vote. tax refunds to ensure that an individual’s The measure also allows taxpayers to Sen. Michael Jungbauer (R-East Bethel) property taxes would be capped at five subtract from Minnesota taxable income sponsored an amendment lowering the percent of income. The amendment failed the amount awarded for service in an commercial-industrial tax on the Minne- on a 28-34 roll call vote. Senjem offered a approved AmeriCorps national service apolis-St. Paul International Airport and second amendment requiring the com- program. Under the bill, no new JOBZ the downtown St. Paul airport. Bakk said missioner of revenue to provide a form programs will be created after May 1, the amendment provides preferential tax for voluntary tax payments or to redirect 2008. Bakk said the bill raises about $150 treatment for businesses at the airport. a taxpayer’s refund back to the state. The million in revenue. The amendment was not adopted. An amendment failed on a 30-33 roll call amendment, offered by Sen. Pat Pariseau vote. Senate Briefly is a publication of (R-Farmington), requires a supermajority Vandeveer also authored an amend- the Minnesota Senate Publications vote by the Legislature to impose, in- ment deleting an increase in the county Office. During the regular Legislative crease, extend or change a tax that causes deed and mortgage tax. Bakk said the Session, it is produced weekly. The a net revenue gain to the state or a taxing funds from the tax go into an environ- publication is a service of the Minne- district. Bakk said that requiring a three- mental fund to clean up contaminated sota Senate. It can be made available fifths vote would make it very difficult to properties. Bakk said the tax is permis- raise taxes if there was a need to address a sive and that counties may choose not to in alternative formats. severe budget shortfall. The amendment collect the tax. The amendment failed failed on a 22-42 roll call vote. on a 23-39 roll call vote. Hann sponsored Editor/Writer: Marty offered a second amendment an amendment specifying that any city Karen L. Clark deleting provisions relating to the Mall of with a sanctuary ordinance is ineligible for America expansion. Bakk responded that local government aid. A sanctuary ordi- Assistant Editor/Writer: the construction activity at the Mall of nance prohibits law enforcement officers Joshua A. Dorothy America will create 7,000 needed jobs and from undertaking actions for the purpose that the mall is a big tourist and economic of detecting undocumented status or de- Writer: draw for the state. The amendment failed termining immigration status. Sen. Scott Danielle Cabot on a 10-48 roll call vote. Sen. Julianne Dibble (DFL-Mpls.) said it is vital for law Ortman (R-Chanhassen) sponsored an enforcement officials to develop trust re- amendment providing a subtraction of a lationships with witnesses or victims and Photographers: portion of military pensions from the state the amendment works to undermine that David J. Oakes income tax. Ortman said the subtrac- trust. The amendment failed on a 24-33 A.J. Olmscheid tion is in place in 34 other states in the roll call vote.

2 President of the Senate James Metzen (DFL-South St. Paul) looks on as Desk Assistant Carly Lykes takes stock of the remaining amendments to a supplemental appropriations bill during the Thurs., Apr. 3, floor session. Photo by A.J. Olmscheid Sen. Julie Rosen (R-Fairmont) offered The amendment failed on a 29-34 roll after 2009, also failed on a 30-36 roll call an amendment deleting the provision call vote. Senjem offered an amendment vote. eliminating the JOBZ program. Rosen said providing school districts with a property The measure was granted preliminary the tax incentive program is very impor- tax offset for wind power production. The passage on a 40-27 roll call vote. tant to Greater Minnesota. Bakk said the amendment failed on a 30-33 roll call Earlier, members granted concurrence JOBZ program is fraught with problems vote. and repassage to three bills. S.F. 2653, and the legislative auditor has reported on Sen. Warren Limmer (R-Maple authored by Sen. Don Betzold (DFL- a number of those problems, including a Grove) moved to reconsider the vote Fridley), establishes a conflict of interest finding that up to 20 percent of the jobs whereby the amendment removing the exception for school contracts for profes- may not exist. The amendment failed on increase in the county deed and mortgage sional and other services. S.F. 2908, car- a 32-33 roll call vote. Rosen sponsored tax was defeated. The motion was adopt- ried by Sen. Linda Higgins (DFL-Mpls.), a second amendment implementing the ed. The amendment was again defeated provides for notice to tenants when a changes recommended by the legislative on a 26-37 roll call vote. property is going through foreclosure. S.F. auditor and the commissioner of employ- Ortman sponsored an amendment 2918, also carried by Higgins, provides for ment and economic development to the creating a subtraction for National Guard proof of abandonment for purposes of a JOBZ program. The amendment failed on and reservist pay and for military pen- reduced mortgage foreclosure redemption a 32-34 roll call vote. sions beginning this year. The amendment period. Rosen offered a third amendment failed on a 31-31 roll call vote. A motion increasing the tax credit for long-term to reconsider the vote was not adopted. Bonding bill repassed care insurance from $100 to $1,000 for An amendment, sponsored by Ortman, Senators used the late afternoon an individual and from $200 to $2,000 providing for the subtraction for National hours of the Wed., Apr. 2, session to adopt for couples. Bakk said the amendment Guard and reservist pay and for military the conference committee report on the would cost $60 to $70 million per year. pensions beginning with taxable years bonding bill, H.F. 380. The measure,

3 Senate Highlights carried by Sen. Keith Langseth (DFL- the Legislature have a significant dispute of Representatives,” Cohen said. He said Glyndon), was repassed, 57-10. over how the limit and spending should that last year the budget was balanced, The bill’s general obligation total is be calculated. but the increase in gasoline prices and down from $965 million to $925 million, Senators also granted preliminary pas- the collapse of the subprime mortgage Langseth said, though the Senate had to sage to one measure on General Orders. market and the subsequent drying up of concede more than $40 million because of H.F. 3708, sponsored by Sen. David Hann credit have resulted in the shortfall. We differing provisions between each bodies’ (R-Eden Prairie), is the health profes- can’t control what happens to the price version. Langseth drew special attention sional occupations technical bill from of oil, the subprime crisis or the global to the proposal’s focus on higher educa- the Dept. of Health. Through a series of markets, but we can control the budget of tion. We devoted significant dollars to our procedural moves, members amended the this state, Cohen said. He said, “It is our higher education systems’ bonding propos- bill to incorporate amendments adopted constitutional responsibility to balance als, he said. The bill also includes ongoing in a committee of either the Senate or the budget and the bill before you is a authority for the University of Minnesota the other body, but not in both bodies’ reasonable way to resolve the shortfall.” to bond for biomedical science research committees. Cohen said the bill reduces gen- facilities. Langseth said the provision is, eral fund spending by $832 million, but by far, the most important part of the bill. Budget bill gains maintains the integrity of the health care With this authority, the University will be After completing work on the Senate access fund. He said the bill contains more able to recruit the world’s best scientists Calendar, at the Thurs., Apr. 3, floor ses- cuts than the governor’s proposal and uses and researchers in the field, he said. sion, members resolved into a Committee less one-time money than the governor The bill is too big, said Sen. Geoff of the Whole to take up bills on General proposed. A spreadsheet containing the Michel (R-Edina). The state has a debt Orders. The first measure to be considered totals may be found at: http://www.senate. limit guideline, he said, under which was the omnibus budget bill, S.F. 3813, leg.state.mn.us/departments/fiscalpol/ no more than three percent of general carried by Sen. Richard Cohen (DFL- tracking/2008/SC%206101.pdf fund spending is devoted to debt service. St. Paul). The measure cuts funding for Majority Leader Lawrence Pogemiller Though the guideline is not law, it is state agencies, uses funds from the budget (DFL-Mpls.) offered an amendment delet- important and it protects the interest of reserve and the cash flow account in order ing policy provisions in the bill. He said future Minnesotans by making sure we do to plug a $935 million budget shortfall. there has been a great deal of discussion not overextend ourselves, Michel said. He Cohen said the measure is not a about how much policy should be in a said the bill will push the state over the pleasant bill, but one that must pass in finance bill and the amendment attempts three percent guideline. We should work order to balance the budget. Cohen said to limit policy. Cohen said that historical- harder to trim just a little bit more off there has been a lot of rhetoric about who ly we have tried to limit policy in finance the bill and stay within the limit, he said. is responsible for the shortfall. “I’m going bills. The amendment was adopted. Langseth said it was extremely unlikely to suggest the responsibility does lie with Each of the Senate budget division the bill would push the state over the anyone in the building—not the adminis- chairs explained the portions of the bill guideline. He said the administration and tration, not the Senate and not the House developed by their divisions. Sen. Linda Berglin (DFL-Mpls.) sponsored an amendment setting EMS awards in statute and limits the cut to personal care providers with average administrative costs. The amendment was adopted. An amendment, offered by Sen. LeRoy Stumpf (DFL-Plummer), modifies language relating to reciprocity agree- ments, modifies language relating to levies that were altered by passage of the omni- bus tax bill, modifies a provision relating to referendum ballot language and modi- fies language relating to school district lease levies. The amendment was adopted. Cohen authored an amendment modify- ing language relating to the cancellation of the JOBZ program. The amendment was adopted. A second Cohen amend- ment reinstates funding for an early child care program and reinstates funds for the positive alternatives program. The amend- ment also makes small cuts in funding EMS and public safety workers Marty Kjella, St. Paul, and Connie Pielow, Rob- for the Minnesota Housing Agency, the binsdale, examine an I-35W bridge memorial wall, part of a Red Cross of Minnesota Minnesota Historical Society, the Minne- sota Film Board and the Legislature’s carry exhibit, in the Capitol Rotunda, Fri., Apr. 4. Photo by A.J. Olmscheid

4 forward to pay for the restorations. The Wergin offered an amendment constitutional amendment be passed next amendment was adopted. transferring funds from the health care November. Cohen said he had genuine An amendment, offered by Sen. Rod access fund for day training and habilita- concern about placing such a lengthy Skoe (DFL-Clearbrook), clarifies provi- tion services and deleting the delay in policy amendment in a budget bill, but sions relating bovine tuberculosis. The long-term care providers cost of living the amendment has no impact on the amendment was adopted. Sen. Amy Koch increases. The amendment failed. An budget. The amendment was adopted. (R-Buffalo) offered an amendment delet- amendment, offered by Hann, prohibits An amendment, offered by Hann, ing a section providing an appropriation the Minnesota State Colleges and Univer- deletes a section providing for a Green for a St. Paul RiverCentre loan repay- sities from increasing tuition and requests Economy Transformation Task Force. ment. The amendment failed on a 24-40 that the University of Minnesota not raise Hann said the provision aims at trans- roll call vote. tuition. The amendment failed on a 30-32 forming the entire economy and is over- Sen. Geoff Michel (R-Edina) spon- roll call vote. An amendment, offered by reaching. If allowed to become law could sored an amendment ending the state’s Ingebrigtsen, deletes the provisions relat- put us on the way to great harm, Hann participation in the federal No Child Left ing to the Outdoor Heritage amendment, said. He said having government plan the Behind Act. Michel said the amendment should it pass, and inserts language setting state’s economy is socialism, which does is not anti-testing, but is anti-federal up a Sportsman’s Stakeholder Council to not work. Anderson said the provision control. He said the amendment specifies make recommendations about appropri- merely guides the state to take economic ending participation in 2009 in order to ating funds raised by the constitutional advantage of the far-reaching energy and environmental policies that have made allow time to negotiate with the federal amendment. Sen. Satveer Chaudhary Minnesota a leader in renewable energy. government to ensure the state does (DFL-Fridley) said the language in the Hann said planning for a green economy not lose federal funds. Cohen said the bill provides for a citizens council and is a interferes with a free market. Anderson concerns with No Child Left Behind span more balanced approach. Sen. Ellen An- said the provision is an economic devel- the political spectrum, but it does bring in derson (DFL-St. Paul) said the discussion opment tool to create good paying jobs. $250 million in federal funds. The amend- would be better held in conjunction with The amendment failed on a 21-41 roll call ment failed 31-33. the environment and natural resources vote. Sen. Betsy Wergin (R-Princeton) policy bill. The amendment failed 26-36. Sen. David Senjem (R-Rochester) of- authored an amendment deleting a Koch offered an amendment banning fered an amendment providing a $14 mil- provision requiring the Dept. of Natural funding for saline amniocentesis abor- lion guarantee for the Republican Nation- Resources to promulgate rules relating to tions. Betzold questioned the germaneness al Convention. The amendment failed the size of structures on lakeshore docks. of the amendment. Sen. Linda Berglin on a 26-36 roll call vote. An amendment, Sen. Ellen Anderson (DFL-St. Paul) (DFL-Mpls.) said the amendment has offered by Hann, removes a requirement said the provision does not dictate the nothing to do with budget reduction, but for two percent of school districts’ budgets outcome of the rulemaking process, but is a purely policy issue. The amendment to be set aside for staff development. Sen. rather allows for a great deal of public de- was ruled not germane. Sen. Warren Kevin Dahle (DFL-Northfield) said staff bate on the issue. The amendment failed. Limmer (R-Maple Grove) challenged the development funding is key to improving Sen. Claire Robling (R-Jordan) offered an ruling of the chair. The ruling was upheld performance. The amendment failed on a amendment cutting the Legislature and 37-27. 16-43 roll call vote. the constitutional offices an additional An amendment, sponsored by Hann, Robling sponsored an amendment one percent and transferring the funds restores Q comp funding. Stumpf said the allowing school districts to use integra- to the judicial branch. Sen. Don Betzold amendment throws the budget out of bal- tion revenue after filing a plan and budget (DFL-Fridley) said that it is more difficult ance by about $21 million. He said there with the commissioner of education for smaller agencies, such as the consti- has been no evidence of the program’s that demonstrably closes or narrows the tutional offices and the Legislature, to success. The amendment failed. Sen. Den- academic achievement gap through the absorb cuts. The amendment failed. nis Frederickson (R-New Ulm) offered an provision of direct assistance. Stumpf said Sen. Bill Ingebrigtsen (R-Alexandria) amendment deleting the tax debtor match the proposal was worth investigating, but offered an amendment deleting a sec- provision. Betzold said the provision was he urged Robling to wait until next year. Robling withdrew the amendment. Sen. tion in the bill requiring in-state tuition a recommendation from the governor and Mee Moua (DFL-St. Paul) sponsored for non-state students of the Minnesota deleting the provision would make the bill an amendment requiring uniform traf- State Colleges and Universities system. out of balance. The amendment was not fic tickets to give notice of the fact that, The amendment was adopted. Sen. Chris adopted. if convicted, the person to whom it was Gerlach (R-Apple Valley) sponsored an Sen. Pat Pariseau (R-Farmington) of- issued must pay a state imposed surcharge. amendment requiring contractors to cer- fered an amendment providing payments The amendment failed. Hann offered an tify that the contractors have not received to claimants for unpaid claims against an amendment requiring school districts to any kickbacks or other payments from ethanol producer that ceased operations have structurally balanced budgets and unions representing employees who would and declared bankruptcy. The amend- providing for a reduction in state aid if perform work under the contract. Betzold ment was adopted. Ingebrigtsen offered an a school district does not comply. The said the amendment was a policy provi- amendment establishing the Lessard-Her- amendment failed on a 19-41 roll call sion and should go through the committee itage Enhancement Council to administer vote. process. The amendment failed on a 21-39 the funds raised by the Outdoor Heritage The bill was granted preliminary pas- roll call vote. constitutional amendment, should the sage on a voice vote.

5 Floor update

Senators LeRoy Stumpf (DFL-Plummer), left, and Lawrence Pogemiller (DFL-Mpls.) converse across the aisle in the Senate Chamber during the Mon., Mar. 31, floor session. Photo by A.J. Olmscheid Monday, March 31 Opponents of the bill said the reforms Prettner Solon offered an amend- may increase bureaucratic costs and harm ment to remove any fiscal impact through Senate passes health care reform rural hospitals and clinics. deletion of a stakeholder process and Senators held a floor session, Mon., Berglin said the payment reforms other provisions. The amendment instead Mar. 31, to take up numerous bills on in the bill make purchasing health care directs the MPCA and the commissioner General Orders and three items on the clearer. “Do not let the perfect be the of commerce to submit a biennial progress report on how Minnesota is going to meet Senate Calendar including a health care enemy of the good,” said Berglin. Sen. reform bill. The body recognized moments the greenhouse gas emissions reduction of silence for the deaths of a St. Paul resi- Julie Rosen (R-Rosemount) said the time goals. dent, Spc. Gregory Rundell, and former for reform is now. Sen. Don Betzold (DFL-Fridley) of- St. Louis Park police officer Paul Johnson- Two more bills were approved on the fered an amendment to move the deadline Reuben. Both Minnesotans died in Iraq. Senate Calendar. S.F. 2915, modifying for the report from Nov. 1 to Jan. 15. He A significant health care reform bill civil and criminal penalties, passed 57-4. said the new date better matched up with on the Senate Calendar, sponsored by S.F. 2706, establishing energy use stan- legislative processes. The amendment was approved. Sen. Linda Berglin (DFL-Mpls.), was dards, passed 47-13. passed on a final vote of 39-23. S.F. 3099 Sen. Kevin Dahle (DFL-Northfield) creates a statewide health improvement The body then took up 14 bills on then presented S.F. 3089. The bill makes program, imposes a public health improve- General Orders, recommending all the strategic tree planting eligible for a state ment assessment on hospitals and health bills be passed. energy conservation program. plans, provides for health care homes, pro- S.F. 3337, sponsored by Sen. Yvonne H.F. 3157, sponsored by Sen. Gary vides brokers to provide Section 125 plans Prettner Solon (DFL-Duluth), requires Kubly (DFL-Granite Falls), allows Big to small businesses, restructures the health the state to develop a strategic plan to Stone County to shift certain duties care payment system and establishes a sav- meet mandated greenhouse gas reduc- related to delinquent property taxes to the ings recapture assessment. tions. county treasurer.

6 S.F. 2929, sponsored by Sen. Jim St. Paul). The bill modifies a trespass- a restaurant near the Basilica of St. Mary Vickerman (DFL-Tracy), allows local ing prohibition of underground utility and St. Mark’s Episcopal Cathedral. units of government to make grants to network tunnels. S.F. 3098, carried by Sen. Tony 501(c)(3) non-profits if the grant is for a S.F. 3119, sponsored by Sen. Rick Lourey (DFL-Kerrick), makes a number public purpose and is to support an edu- Olseen (DFL-Harris), allows employees of of changes to lawful gambling provi- cational, social service, health, or other political subdivisions assisting in an out- sions. Lourey said the bill is the result of charitable purpose. of-state emergency to be covered by the a collaborative effort between gambling S.F. 2979, sponsored by Sen. LeRoy same liability as state employees. regulators and the charitable organizations Stumpf (DFL-Plummer), exempts li- that benefit from lawful gambling. S.F. censed and bonded auctioneers from the 2597, authored by Sen. Kathy Saltzman registering and reporting requirements of Tuesday, April 1 (DFL-Woodbury), requires school districts professional fund raisers to the Attorney Plethora of bills okayed to contact the Board of Teaching to deter- General’s Office if they have no access to Senators met Tues., Apr. 1, and ap- mine if a prospective teacher has been the the proceeds of the auction. proved a host of bills on a wide range of subject of any disciplinary action based on A law requiring total package final topics on General Orders. Measures on inappropriate sexual conduct or attempted arbitration for firefighters is repealed by General Orders are considered by the Sen- inappropriate sexual conduct between the S.F. 2948, sponsored by Sen. Dan Larson ate, acting as a Committee of the Whole, teacher and a student. (DFL-Bloomington). The bill allows for preliminary passage. If approved, they S.F. 3138, sponsored by Sen. Ann arbitrators to determine a compromise, Lynch (DFL-Rochester), clarifies the stat- are placed on the Senate Calendar for said Larson. utory interactions between the newborn final passage. S.F. 2939, sponsored by Sen. John screening statute and the genetic privacy S.F. 1018, authored by Sen. Yvonne Doll (DFL-Burnsville), streamlines a statute. Sen. Betsy Wergin (R-Princeton) Prettner Solon (DFL-Duluth), modifies process for alternative forms of regulation offered an amendment requiring express physical therapy licensure provisions. regarding telecommunication plans for parental consent before infant blood Prettner Solon said the bill seeks to ben- mid-size companies. samples may be retained by the Dept. S.F. 3377, sponsored by Sen. Betsy efit patients, who have been harmed by of Health. Lynch said express parental Wergin (R-Princeton), repeals a furniture laws limiting access to physical therapists consent undercuts the entire premise of safety act regulating flammability stan- and requiring a physician’s referral before newborn screening. The amendment was dards of furniture in certain public build- a patient may see a physical therapist. defeated, 22-35. Wergin also offered an ings. Wergin said the act addressed threats This bill is a proposal that has been amendment ordering the department to of careless smoking in public places, but negotiated between the interested parties, destroy over 750,000 infant blood samples since smoking is now prohibited in these Prettner Solon said. S.F. 2024, sponsored with genetically identifiable records that facilities the law is obsolete. by Sen. David Senjem (R-Rochester), have been retained in violation of genetic H.F. 2898, sponsored by Prettner requires counties to provide at least six privacy laws. The department is trying to Solon, requires a direct causal connection months’ notice for families to gather nec- get permission from parents to keep these to a loss be established before aviation essary information to determine ongoing records, said Sen. Linda Berglin (DFL- liability coverage may be denied eligibility for services to disabled children. Mpls.), and it would be premature to order S.F. 3492, sponsored by Sen. Tar- S.F. 3202, carried by Sen. Ann Rest (DFL- the destruction of the records now. The ryl Clark (DFL-St. Cloud), extends the New Hope), is a clean-up bill to address amendment was defeated, 17-38. duration of orders for protection and the final details related to the abolition of Sen. Linda Scheid (DFL-Brooklyn restraining orders by the courts. An order the Dept. of Employee Relations and the Park) authored a bill, S.F. 1406, adopt- of protection restraining the abusing party transfer of its duties to other agencies. ing the Uniform Prudent Management from committing acts of domestic abuse or Sen. Dan Sparks (DFL-Austin) car- of Institutional Funds Act. S.F. 3137, prohibiting the abusing party from having ried a bill, S.F. 2765, addressing the use carried by Sen. Don Betzold (DFL-Frid- any contact with the petitioner can be of runners to commit insurance fraud. ley), clarifies the responsibilities of the extended to up to 50 years under the bill. The bill prohibits health care providers Metropolitan Council and the Dept. of The commissioner of transportation from making direct contact with any- Transportation regarding commuter rail must produce a report on possible mitiga- one injured in an auto accident for the lines. Under the bill, MnDOT is respon- tion effects for small businesses affected purpose of influencing the injured person sible for planning, designing, acquiring, by transportation construction, under S.F. to receive treatment. S.F. 3672, sponsored constructing and equipping commuter rail 3669, sponsored by Sen. Patricia Torres by Sen. Dan Skogen (DFL-Hewitt), is the lines, and the Met Council is responsible Ray (DFL-Mpls.). omnibus liquor bill. It allows farm winer- for commuter rail operations and mainte- S.F. 3256, sponsored by Sen. Dan ies to manufacture and sell distilled spirits nance. Sen. Jim Vickerman (DFL-Tracy) Skogen (DFL-Hewitt), exempts separate made from Minnesota inputs up to an sponsored a bill, S.F. 3474, providing for license requirements for day training and amount of 5,000 gallons a year, permits St. the appointment, rather than election, of habilitation programs when the programs Louis County to issue an off-sale intoxi- the Rock County auditor-treasurer. S.F. are in adjacent buildings. cating liquor license to a specific establish- 3049, carried by Berglin, requires chil- S.F. 2828 addresses a concern of St. ment within 1,500 feet of a public school, dren’s mental health providers to develop Paul regarding security during the RNC, and allows the city of Minneapolis to issue a plan for, and comply with, requirements according to bill author Mee Moua (DFL- an on-sale intoxicating liquor license to on the use of restrictive procedures. The

7 Floor update bill also modifies chemical use assessment A bill providing authority for hospital to inform consumers that flood coverage is provisions. records to be transferred electronically, not included in their homeowners insur- S.F. 2996, sponsored by Sen. Sandy S.F. 3263, was sponsored by Prettner So- ance. S.F. 3341, authored by Sen. Michael Rummel (DFL-White Bear Lake), ex- lon. Prettner Solon said the original law Jungbauer (R-East Bethel), provides for pands the definition of biomass for renew- was written in 1943 and did not take into a voluntary inventory of business energy able energy objectives and extends the account current technology. S.F. 3268, use. life of a Metropolitan Area water supply carried by Wergin, authorizes counties S.F. 2942, authored by Sen. Sandra advisory committee. S.F. 2806, authored to use interim use ordinances. S.F. 3132, Pappas (DFL-St. Paul), makes mostly by Sen. Tom Saxhaug (DFL-Grand Rap- sponsored by Scheid, regulates medical technical changes to provisions relating ids), clarifies the conflict of interest rules debt information disclosure. S.F. 3473, to higher education student financial governing local economic development carried by Vickerman, allows the Jackson aid. S.F. 2936, carried by Prettner Solon, authorities. Sparks sponsored H.F. 1314. County auditor-treasurer to be appointed, modifies plat requirements. S.F. 3756, The bill regulates the advertising and rather than elected. S.F. 3326, authored sponsored by Sen. Amy Koch (R-Buffalo), conducting of live musical performances by Lourey, changes payment provisions provides for immediate brevet promotion and productions. Sparks said the bill ad- for agricultural chemical corrective action eligibility. dresses a form of musical identity fraud costs. S.F. 2990, carried by Sen. Kevin S.F. 3000, sponsored by Latz, elimi- where bands perform using an established Dahle (DFL-Northfield), eliminates the nates a two year waiting period for sexual name even though none of the performers prohibition on Dan Patch Commuter Rail relationships between complementary was affiliated with the original group. S.F. line study and planning activities. 3070, authored by Sen. Ron Latz (DFL-St. or alternative health care providers and Sen. Linda Higgins (DFL-Mpls.) former clients. Latz said the bill maintains Louis Park), authorizes the use of debit sponsored two measures. S.F. 3213 clarifies and credit cards to make payments from a prohibition on sexual exploitation or and makes technical changes to provisions contact with current clients. custodial trust accounts. relating to human services and health S.F. 2914, authored by Rest, provides S.F. 3450, sponsored by Prettner care. S.F. 3214 makes modifications to Solon, updates the language in statute for a statewide foreclosure data collec- provisions relating to the Minnesota Resi- tion and reporting system study. H.F. regarding veterans’ cemeteries in antici- dential Mortgage Originator and Servicer pation of an additional state veterans’ 2599, carried by Vickerman, increases the Licensing Act. amount, from $2,500 to $3,000, a county cemetery. The bill also limits eligibility Erickson Ropes also sponsored a bill, board may appropriate for Memorial Day for burial to service members who die on S.F. 3412, establishing regulations for observances. S.F. 3203, authored by Rest, active duty, eligible veterans, and their medium speed electric vehicles. S.F. 2642, modifies regulations relating to horse rac- spouses and dependent children. H.F. carried by Moua, modifies safe at home ing medication. S.F. 3342, carried by Sen. 3240, sponsored by Sen. Patricia Torres program data practices provisions. Betzold Leo Foley (DFL-Coon Rapids), modifies Ray (DFL-Mpls.), authorizes placement of carried a bill, S.F. 3225, authorizing the the requirements for fingerprinting adults a memorial plaque on the Capitol grounds and juveniles admitted to detention facili- Ombudsman for Mental Health and Developmental Disabilities and the Medi- by Mexican-American veterans to honor ties and provides for an e-charging service. all veterans. Sen. Mee Moua (DFL-St. Paul) spon- cal Review Subcommittee to gather data on deceased clients. S.F. 3536, sponsored S.F. 3303, sponsored by Higgins, sored a bill, S.F. 3130, making numerous establishes a Minneapolis riverfront non- technical changes in provisions relating by Erickson Ropes, is a Dept. of Human Services technical and federal compli- profit corporation. S.F. 2399, carried by to the Dept. of Corrections. S.F. 2533, Higgins, modifies public nuisance laws to carried by Rest, clarifies the definition of ance update bill. S.F. 2654, authored by Betzold, modifies city charter commission address problem properties. One nuisance gambling device for purposes of deter- behavior or more is required for remedy, mining a crime and repeals a provision compensation, discharge and amendment under the bill, rather than two required relating to the manufacture of gambling provisions. S.F. 3455, carried by Sen. by current law. Higgins also sponsored S.F. devices or components for shipment to James Metzen (DFL-South St. Paul), regu- other jurisdictions. S.F. 3003, carried by lates the purchase and receipt of beer kegs 960, which authorizes a local government Sen. Claire Robling (R-Jordan), requires by scrap metal dealers. An amendment, to define the term “dependent” for pur- wholesalers of lawn fertilizer containing offered by Sen. Paul Koering (R-Fort poses of group benefits for local govern- phosphorous to provide retail signage. S.F. Ripley), allowing scrap metal dealers to ment officers and employees. 2775, sponsored by Foley, requires utility pay for small amounts of scrap in cash, was S.F. 3417, sponsored by Pappas, companies to provide a disconnection defeated on a 21-36 roll call vote. creates an exception to complementary notice to municipalities upon the shutoff Saltzman authored a bill, S.F. 3446, and alternative health care bill of rights of a customer’s gas or electric service. requiring notice of the availability of for practitioners providing services to a S.F. 2449, authored by Sen. Katie Sieben small employers flexible benefit plans. H.F. client in a hospital setting or under an ap- (DFL-Cottage Grove), modifies the pro- 2788, authored by Saxhaug, increases the propriate hospice plan of care. S.F. 3571, hibited uses of pesticide application. S.F. Nashwauk Public Utilities Commission authored by Lourey, exempts clients who 3282, authored by Sen. Sharon Erickson membership from three to five members. work within state treatment and habili- Ropes (DFL-Winona), transfers the pow- S.F. 1578, carried by Sparks, modifies the tation programs to be licensed as state ers of the Veterans Home Board to the methods of payment for a security freeze employees. S.F. 3201, carried by Rest, Dept. of Veterans Affairs and abolishes on a consumer report. Dahle carried a bill, brings class D licenses into conformity the board. S.F. 2980, requiring insurance companies with federal law.

8 From left, Senators David Senjem (R-Rochester), Michael Jungbauer (R-East Bethel) and Dick Day (R-Owatonna) consult dur- ing the Senate’s Thurs., Apr. 3, floor session. Photo by David J. Oakes

S.F. 2876, sponsored by Sen. Ellen Scott Dibble (DFL-Mpls.) offered an circumstances. Current law requires the Anderson (DFL-St. Paul), modifies dog amendment allowing municipalities to es- hearing to happen within five days, which ownership laws related to dangerous dogs. tablish ordinances permitting companion is not enough time for complicated hear- The bill provides more responsibility dogs in outdoor restaurant and beverage ings regarding dangerous individuals, said and accountability for dog owners, said establishments. The body approved the Betzold. S.F. 2368, sponsored by Koering, Anderson, in addition to providing more amendment. requires that any time an enterprise for due process for owners. Other provisions S.F. 3021, sponsored by Latz, settles mental health and adolescent services increase the amount of insurance needed claims against the state totaling $86,657. faces a closure or transfer, notification be to own a dog deemed dangerous, and give S.F. 3362, sponsored by Foley, provides provided to the human services commis- animal control agencies more authority. that a peace officer may be represented sioner and the Legislature. The body approved an amendment of- by a union member and an attorney in a Betzold then presented S.F. 2403, fered by Sen. Steve Dille (R-Dassel). The disciplinary hearing. S.F. 3336, sponsored which cleans up provisions of a pen- amendment allows family members of an by Foley, prohibits a new motor vehicle sion law regarding disabled peace of- individual who has been prohibited from dealer, used motor vehicle dealer, or motor ficers or firefighters, and H.F. 117, which canine ownership to keep other com- vehicle lessor from selling or leasing a mo- eliminates an exception for suing foreign panion dogs if okayed by animal control tor vehicle that does not meet the glazing corporations in state courts under certain authorities. Anderson offered an amend- material requirements. conditions. H.F. 2602, sponsored by Sko- ment allowing animal control authorities S.F. 2919, sponsored by Betzold, gen, eliminates window glazing restric- to impose restrictions on that exemption. extends the window for holding civil tions on the side and rear windows of law The body approved the amendment. Sen. commitment hearings under certain enforcement vehicles.

9 Floor update

Senators Jim Vickerman (DFL-Tracy) and Katie Sieben (DFL-Newport) closely examine proposed legislation during the Senate’s Tues., Apr. 1 floor session. Photo by David J. Oakes

S.F. 3235, sponsored by Sen. Mary H.F. 2932, sponsored by Olson, gives of the petrofund and providing reimburse- Olson (DFL-Bemidji), is the omnibus data cemeteries the discretion to use revenue ment for replacement of PVC piping in practices bill, which includes technical from certain cemetery funds for main- residential homes. S.F. 3135, sponsored changes, provisions regarding educational tenance. Current law only allows use of by Higgins, provides coverage for volun- data, vendors contracting with school interest, said Olson. S.F. 3486, sponsored teers in the Medical Reserve Corps. The districts, business screening services, and by Prettner Solon, prohibits the commis- bill also puts emergency personnel under Social Security numbers in child sup- sioner of human services from providing state liability when operating out of state. names of potential enrollees in Medicare S.F. 3502, sponsored by Skoe, brings all port or spousal maintenance issues. S.F. special needs plans for marketing purposes implements of husbandry into one section 2576, sponsored by Dille, establishes a under the prepaid medical assistance of law, and makes modifications related misdemeanor offense for false police and program and specifies certain cost require- to transportation. S.F. 3576, sponsored by fire emergency calls. S.F. 3647, sponsored ments for mailing marketing materials. Rest, allows the Dept. of Natural Resourc- by Sen. Pat Pariseau (R-Farmington), The Dept. of Commerce is directed to es to regulate fish species that can carry removes a requirement that emergency re- produce an inventory of current broad- viral hemorrhagic septicemia. sponders must obtain a permit for agency- band services across the state by S.F. 2866, S.F. 3227, sponsored by Wergin, is the issued radio equipment when the agency also sponsored by Prettner Solon. Dept. of Health bill relating to nursing has already been authorized or received Sen. Rod Skoe (DFL-Clearbrook) home compliance. The bill modifies nurs- permission to operate the equipment. sponsored S.F. 3061, updating provisions ing home provisions and makes technical

10 changes. S.F. 3397, sponsored by Torres Moua authored the last three bills of know the governor will veto the bill if it Ray, streamlines filing provisions relat- the day. S.F. 3350 changes the standard of reaches his desk, he said. Bakk said it is ing to business organizations, and repeals evidence from “preponderance” to “clear premature to “waive the veto pen” as a an obsolete appeals process. Torres Ray and convincing” in human services li- threat, because the bill is likely to change also sponsored S.F. 3166, amending child cense disqualifications. S.F. 3129 includes in conference. It is easy to vote no here, welfare and adoption provisions. The bill appellate court appointments in the Com- but we are facing a shortfall of almost brings the state into compliance with cur- mission on Judicial Selection process. S.F. $1 billion, he said. The bill ensures that rent federal regulations, said Torres Ray. 2645 eliminates the requirement of hav- Minnesota corporations pay their fair S.F. 3082, sponsored by Sen. Rick Ol- ing a Social Security number in marriage share by denying them the opportunity seen (DFL-Harris), provides an expedited dissolution petitions. to create foreign shells to shield income, process for forfeiting a car, and procedures he said. It also helps hold down future for retrieving personal possessions by low property taxes by increasing aid to local income individuals. Other provisions Thursday, April 3 units of government, Bakk said. Sen. modify associated fees and costs. The Bloc of bills passed Julie Rosen (R-Fairmont) raised concerns bill also closes a loophole for out-of-state Senators used the first several hours of about provisions in the bill eliminating branded vehicles. H.F. 3114, carried by the Thurs., Apr. 3, floor session to grant -fi the JOBZ program. JOBZ has been critical Sen. Dan Larson (DFL-Bloomington), nal passage to over 100 bills on the Senate for creating and keeping jobs in Greater exempts park districts from a resolution Calendar. The bills were all granted pre- Minnesota, she said. It is clear that JOBZ of consent if the property is already in liminary passage on General Orders at the needs, at a minimum, significant reforms, accordance with the unit of government’s floor sessions of Mar. 31, Apr. 1, or Apr. 2. Bakk said. We need to have a provision comprehensive plan under parkland use. Most of the bills generated no discussion on JOBZ going into the conference com- S.F. 3508, authored by Olson, prohibits an as they were considered for final passage. mittee in order to discuss the program insurance company from unilaterally and Among the measures generating dis- there, Bakk said, but the Senate’s position arbitrarily disregarding a repair operation cussion was S.F. 960, which permits local might change as we consider other JOBZ or cost identified by an estimating system units of government to define who is a de- reform proposals. The bill was granted when an insurer and collision repair facil- pendent for group benefit plan eligibility. final passage, 39-28. The bill was then ity have agreed to use the system. Under current law, the term is defined to tabled to await its companion; under the S.F. 3622, sponsored by Olseen, include spouses, unmarried children under state Constitution, tax measures must increases the threshold for repairs and age 18, and students under age 25 who originate in the other body. contracts under county jurisdiction to be are actually dependent on the employee. subject to the bidding process. S.F. 3581, Chief Author Linda Higgins (DFL-Mpls.) sponsored by Sen. Kathy Sheran (DFL- said many local units of government Capitol Report: on air, online Mankato), allows pharmacists to provide have employees with members of their Explore current policy issues and all eligible vaccines to children ten years households who are actually dependent hear lawmakers discuss current legislative of age and older, and all other vaccines to on the employee but are not eligible for proposals by watching “Capitol Report,” a adults 18 years old and older. benefits. For example, there are employees weekly public affairs program produced by The final segment of the Tues., Apr. who are sole providers for their parents or Senate Media Services. The program in- 1, floor session continued with work on disabled siblings, she said. This is about cludes interviews with Legislators, agency bills on General Orders. Sen. John Doll local control and letting competent local heads and prominent policy experts. It (DFL-Burnsville) sponsored a bill, S.F. governments determine who is eligible for also features historical and informational 3372, setting the minimum requirements the benefits they offer, Higgins said. Sen. features about the Senate, the Capitol and for the long-term disability parking permit David Hann (R-Eden Prairie) said having Minnesota. program. S.F. 3174, carried by Sparks, a uniform understanding of the term de- “Capitol Report” airs weekly on regulates securities registration, filings pendent is beneficial. Local governments public television affiliates on cable access and fees; modifies securities registration should not be able to redefine a statutory channels across Greater Minnesota. It is statement stop orders requirements; and term, he said. There is no good reason to also available online, with archives going modifies registration requirements and adopt a non-uniform definition, he said. back to 2000: http://www.senate.mn/ exemptions for securities broker-dealers, The corporate world has long had a more media agents and investment advisers. S.F. 2408, flexible definition of the term, said Sen. sponsored by Dibble, allows the city Sandra Pappas (DFL-St. Paul), and local MyBills system available of Minneapolis to enact an ordinance units of government need to be able to The MyBills personalized bill tracking prohibiting engine or “jake” braking on compete for talented employees. The bill system is now available. Users can add a short stretch of I-394. Dibble said the was granted final passage, 43-22. House and Senate bills to their lists by use of engine brakes is extremely loud and Another bill attracting attention was bill number, subject, or author, and view disruptive to the residential area near the the omnibus tax bill, S.F. 2869, carried by the legislative status of their bills, with highway. S.F. 3224, also carried by Dibble, Sen. Thomas Bakk (DFL-Cook). The bill items with significant current floor action renames an existing committee within represents a major increase of corporate highlighted. Users can modify their lists at the Dept. of Transportation, the Advisory and property taxes and an increase in any time. The MyBills system is available Committee on Nonmotorized Transporta- fees paid by some utility ratepayers, said from the Legislative website at: http:// tion. Sen. David Senjem (R-Rochester). We www.house.mn/leg/billsublogin.asp

11 Committee update Business, Industry and Jobs groups, using the standards required by way in paring that back to $925 million, the law and general interpersonal consid- she said. In reviewing the spreadsheet, Sviggum okayed as DOLI head erations. The approved members of the Hausman touched on a few highlights. Former House Speaker Steve Svig- Board of Electricity are Douglas Finger- She noted that the University of Min- gum was given the seal of approval by son, James Freichels, Kim Huxford, Daniel nesota and MnSCU received less than members of the Business, Industry and Klein, Jay Lewis, Timothy Malooly, John half the total asset preservation funding Jobs Committee, Mon., Mar. 31, as his McConnell, Richard Owen, Thomas they requested. It is hard to cut asset appointment to serve as commissioner of Seanger, Anthony Toft, and Joseph Vespa. preservation, but it is even harder to say labor and industry was considered. The The approved members of the Board of no to individual campuses’ requests, she panel, chaired by Sen. James Metzen High Pressure Piping Systems are James said. Hausman also drew attention to (DFL-South St. Paul), recommended the Andrie, Robert Bastianelli, Therese an appropriation for an environmental Senate confirm Sviggum. Bozicevich, Patrick Galatz, Mark Gei- analysis of a proposed high-speed rail line After 15 terms in the Legislature, senhoff, David Grong, Maureen Hanson, between the Twin Cities and Chicago. this is a new beginning in public service Larry Jordan, Mark Kincs, Margaret Lar- The more I read the business pages, the for me, Sviggum said. He said the depart- sen, Vicki Sandberg, and Larry Stevens, Jr. more convinced I am that a high-speed ment already had a good performance The approved members of the Plumbing rail connection between our two metro- record when he assumed the helm. We Board are Karl Abrahamson, Rebecca politan areas is important, she said. Haus- have more than 500 very good employees Ames, Steven Christenson, Jim Gander, man noted that several smaller airlines who serve Minnesota well, Sviggum said. Lawrence Justin, Kenneth Kammerer, have shut down or reduced their service He highlighted a few current initiatives, James Kittelson, Allen Lamm, Michael between Chicago’s airports and Minne- including adopting rules on independent McGowan, Rick Palmateer, John Parizek, apolis-St. Paul International. The airline contractor status, updating the state’s and Paul Sullwold. The appointments industry’s economics are changing, and workers compensation laws, examining were all advanced to the full Senate. rail is an important option to maintain a the state’s prevailing wage and minimum In other action, members heard, but connection between the cities, she said. wage laws, and enhancing the state’s oc- did not act on, S.F. 3572. The bill, spon- Hausman said the many transit projects cupational safety compliance and consul- sored by Sen. Scott Dibble (DFL-Mpls.), given start-up funding in the bill should tation activities. Sviggum noted that the requires safety walkways alongside parts be considered as a step forward in building federal minimum wage will soon surpass of railway tracks where employees work a comprehensive system, not as individual the state minimum, for the first time in a frequently. corridors. Trimming back the projects in long time. I would like to get everyone to- the veterans affairs area was difficult, she gether and find common ground, he said. Capital Investment said, but the veterans homes are a matter Sviggum also discussed the department’s of ongoing reflection and discussion at the defense of the state’s prevailing wage law; Conference Committee Legislature. Rather than build the many an administrative law judge held the law new crime labs that were requested, the unconstitutionally vague. Bonding agreement reached bill directs the commissioner of public Before advancing the appointment, A proposal for just under $925 safety to develop a strategic plan for crime several Senators praised Sviggum. There million in general obligation bonds was labs. After we have a sense of what the were concerns when the appointment was approved by members of the confer- needs are and how to fill them without first announced, Metzen said, but the past ence committee on H.F. 380, the capital overextending ourselves, we can move seven months have shown him to be a investment bill. The conference com- forward, she said. Hausman said the pro- good regulator and administrator. Many of mittee, chaired by Sen. Keith Langseth posal also includes authorization for two us in the Legislature enjoyed the oppor- (DFL-Glyndon) and Rep. Alice Hausman non-general obligation bonding programs: tunity to work with him in the previous (DFL-St. Paul), used its only meeting to a biomedical science research initiative phase of his public life and we appreciate unveil the deal and approve it. Conferees at the University and a nonprofit housing his continued public service, said Sen. also discussed, with senior agency officials, initiative in the Housing Finance Agency. Chris Gerlach (R-Apple Valley). the state’s debt guideline and a possible One item notably absent from the Members also approved the re- land purchase in St. Louis County. measure is a proposed land acquisition appointment of Thomas Johnson as chief The conference committee report in St. Louis County to create a new state judge of the Workers’ Compensation provides funding for projects in over two park on Lake Vermillion, Hausman said. Court of Appeals. Johnson has served on dozen state agencies and in localities She said the conferees could not provide the court since 1992, and as chief judge across the state. A high-level chart ap- funds without knowing how much to pro- since 2002. Before serving on the court, pears on the next page. A more detailed vide. Finance Commissioner Tom Hanson Johnson was a judge in the Office of spreadsheet is available online at http:// said the state has been and remains in Administrative Hearings and an attor- www.house.leg.state.mn.us/fiscal/files/ negotiation with the current landowner. ney who specialized in insurance defense bond08.pdf. We are not stating publicly our maximum litigation. In addition, members approved Before we discuss the details, we purchase price, he said, because that the appointments of 35 members to three should pause and think how far we have would be detrimental to the negotiations. boards created last year in Building Code come, Hausman said. She said the Leg- Both sides have conducted separate ap- consolidation legislation. Sviggum said islature started with between $3 and $4 praisals, but the figures are private data, the governor sought to create balanced billion of requests. We have come a long said Assistant Commissioner Bob Meier,

12 Capital Investment Conference Committee Report Environment and Natural Agency General Obligation Resources (in millions) University of Minnesota $131.166 Bovine TB control measures ok’d The Committee on Environment and Minnesota State Colleges and Universities $208.423 Natural Resources approved the confirma- Department of Education $19.740 tion of one member of the Environmen- Minnesota State Academies $2.800 tal Quality Board (EQB) and reviewed the board’s activities in anticipation of Perpich Center for Arts Education $0.355 more board confirmations, Wed., Apr. 2. Department of Natural Resources $99.805 The committee, chaired by Sen. Satveer Pollution Control Agency $5.000 Chaudhary (DFL-Fridley), also approved a bill to address the spread of bovine Board of Water and Soil Resources $30.475 tuberculosis. Department of Agriculture $0.020 Interim director John Wells described the EQB as an interagency and citizen Minnesota Zoo $2.500 board made of nine commissioners, five Department of Administration $15.725 citizens and a chairperson. The Board Amateur Sports Commission $7.725 looks at issues that cross agency lines and need to be coordinated, said Wells. Other Department of Military Affairs $6.000 duties of the EQB include creating a state Department of Public Safety $13.010 water plan due every ten years, a biannual Department of Transportation $14.000 water review, various projects and reports, and environmental review rulemaking. Metropolitan Council $139.200 Chaudhary said it seemed they focus large- Department of Human Services $9.505 ly on water issues, and Wells said it has Department of Veterans Affairs $11.282 been recommended that they shift more effort into energy and environment. Department of Corrections $32.000 Wells said a decrease in staff has Department of Employment and Economic Development $142.825 limited the board’s ability to look into the Public Facilities Authority $48.950 future. EQB citizen member Jonathon Housing Finance Agency $1.000 Bloomberg, an environmental attorney Historical Society $9.594 and environmental law professor at the University of St. Thomas, introduced Bond Sale Expenses $0.998 himself to the committee and described Cancellations ($27.100) his role on the board. The committee Total $924.998 moved that Bloomberg’s confirmation be Source: House Fiscal Analysis Department recommended. The three other confirmation candi- DNR. He noted that some observers have Solberg (DFL-Grand Rapids) said the bill dates were not able to make the meeting, relied on the county’s assessed value of includes language directing the depart- and Chaudhary said he wanted to sched- the land for property tax purposes, about ment to adjust its future projections for ule another meeting to hear from them. $13.4 million. The negotiations are smaller bonding bills. There is a case to S.F. 3811, sponsored by Sen. Rod complex and another personal meeting be made for having a large bill now and Skoe (DFL-Clearbrook), directs the Dept. will occur soon, Meier said. “I wish I could smaller bills in the future, Hausman said. of Natural Resources’ efforts to manage give you a number right now,” he said, but She noted that a large bonding bill will bovine tuberculosis. The bill restricts we need to remain flexible to get the best help the economy through the construc- wildlife feeding within a 30 mile radius of deal possible for the state. tion jobs that will be spurred by the an infected cattle herd. The bill also al- Hanson and the conferees also lows the DNR to establish wildlife disease appropriations. Additionally, the state can discussed the governor’s objections to the management zones, where feed accessible take advantage of lower prices now rather size of the bonding bill. The state’s debt to deer and elk must not be distributed. guideline of three percent would call for a than pay more for these projects later, she Certain exceptions are made for regular bill of $825 million, Hanson said. While said. Regardless of what the future bond- agricultural practices. The bill was amend- the guideline is not a statutory mandate, it ing bills are estimated to be, I don’t think ed to ban distribution of salts and mineral is a policy that the state adopted decades we will break the three-percent guideline licks in these zones. An amendment was ago and has stuck by through numerous with this bill, Langseth said. approved removing a $500 penalty for finance commissioners and governors of The conference committee report was feeding within a tuberculosis management three political parties, he said. Rep. Loren approved on a voice vote. zone. Penalties were kept barring violators

13 Committee update from obtaining a hunting license for two Minnesota forests for the future program Cohen called the bill the Senate’s years after a conviction. and provides for expedited exchanges of resolution to a significant deficit, which Skoe said there is an invasive provi- public land. Saxhaug offered an amend- stands at about $935 million. The only sion in the bill allowing the DNR to enter ment deleting the appropriations sections part of the budget nearly held harmless is private property without permission to of the bill because the provisions are in E-12 education, said Cohen. thin wild deer herds. Skoe called this the omnibus budget measure. In addition, Under the bill, the E-12 education provision a “last resort” meant to address the amendment incorporates language of portion of the bill makes total reductions uncooperative land owners. a bill relating to forest road mapping and of $894,000. Sen. LeRoy Stumpf (DFL- language from a bill relating to conserva- Plummer) presented the article, which Environment, Energy and tion easements. The amendment was includes a spending measure to eliminate adopted. Saxhaug offered an amendment a deduction for the school trust fund Natural Resources Budget specifying that if the Department of subtraction and savings from Q Comp Division Natural Resources administrative office limitations and disaster relief appropria- in Cloquet is relocated or closed, another tions. A cut of $922,000 is made to the Cap and trade bill gains office must be situated within ten miles. Department of Education, while revenue The Environment, Energy and Natu- The amendment was adopted. is gained from other areas. The measure ral Resources Budget Division met Tues., Dibble also sponsored S.F. 3096. The also includes ice hockey is adopted as the official state sport. Apr. 1, to hear several bills, including the bill creates a lease-purchase program for In the area of higher education reduc- Green Solutions Act of 2008. The Green local units of governments’ energy con- Solutions Act of 2008, authored by Chair servation or energy improvement invest- tions total $22.8 million. Sen. Sandra Ellen Anderson (DFL-St. Paul), establish- ments. Members adopted an amendment Pappas (DFL-St. Paul) summarized the es principles of a cap and trade program providing for the inclusion of geothermal bill, which makes few cuts to the univer- for green house gas emissions and requires as part of the program. A second amend- sity systems’ bases. The bill cancels the studies. The measure was approved and ment extends the repayment period of ACHIEVE program, eliminates non- advanced to the full Finance Committee. larger energy improvement projects from resident tuition rates at four community Members also approved and sent to 15 to 20 years. The amendment was colleges. The article cuts $111,000 from the Finance Committee a variety of other adopted. The final amendment, includ- the MNSCU budget and $10.5 million bills. S.F. 3331, authored by Sen. Scott ing language from S.F. 2949, authored by from the University of Minnesota. Dibble (DFL-Mpls.), permits the Minne- Sen. Julie Rosen (R-Fairmont), provides The bill provides for energy, environ- apolis Park and Recreation Board to retain for a local renewable energy initiative to ment and natural resources reductions proceeds from the condemnation of park finance small-scale renewable energy proj- of $13.1 million. Sen. Ellen Anderson lands necessary for the reconstruction and ects. The amendment was also adopted. (DFL-Mpls.) said they rejected numerous expansion of the I-35W bridge in Min- The final measure, S.F. 2749, pro- cuts proposed by the governor. The bill neapolis. Dibble said current law requires vides for a wind energy conversion system includes spending measures to address for- the proceeds to be turned into the state aggregation program. Sen. Gary Kubly est fragmentation, creation of jobs related general fund. Under the bill, the proceeds to green industry and establishment of must be used for a similar purpose near the (DFL-Granite Falls), chief author, offered an amendment clarifying that funding a Star Lakes program. Most savings are Mississippi River, Dibble said. the result of reductions to appropriations S.F. 2943, sponsored by Sen. Mary is to come from next-gen grants. The amendment was adopted. rather than elimination of programs, said Olson (DFL-Bemidji), provides a process Anderson. for designating star lakes or rivers and Sen. Jim Vickerman (DFL-Tracy) creates a Star Lake Board as a nonprofit Finance presented the agriculture, military and corporation. The measure allows for the veterans affairs budget, which is increased placement of star lake or river signs on Omnibus budget bill gains by $1.6 million. Vickerman said the highways. The full Finance Committee ad- biggest changes to agriculture address S.F. 3056, authored by Sen. Dennis vanced the omnibus finance bill and an the bovine TB response and herd buyout Frederickson (R-New Ulm), provides for E-12 education miscellaneous policy bill, the disposition of proceeds from the sale Fri. Mar., 28. appropriations, totaling $5.8 million. of administrative sites by the Dept. of The omnibus finance bill encompass- The article also makes cuts to ethanol Natural Resources. Under the bill, a new es spending measures for education, en- payments. The veterans article includes facilities management account is estab- vironment and natural resources, energy, many of the governor’s recommendations lished to receive the proceeds and then agriculture, veterans and military affairs, to support returning troops, in addition reuse the funds for administrative purpos- economic development, transportation, to establishment of a veteran’s cemetery es, Frederickson said. Frederickson offered public safety, judiciary, state government, in Northern Minnesota. Cuts are made to an amendment authorizing the Dept. of and health and human services. the state GI bill because most veterans are Health to resolve issues with the use of The panel, chaired by Sen. Richard using the federal GI bill, Vickerman said. bunk houses at environmental learning Cohen (DFL-St. Paul), reviewed financial The military article increases spending centers. The amendment was adopted. spreadsheets and each section of the bill. by $475,000 a year, including funds for a S.F. 2651, carried by Sen. Tom The review was followed by consideration state navigator program and support for Saxhaug (DFL-Grand Rapids), creates a of amendments. employers of National Guard members.

14 Sen. Ron Latz (DFL-St. Louis Park) examines a side-by-side comparison of Senate and House versions of the I-35W bridge survivors compensation fund legislation during a conference committee meeting, Fri., Apr. 4. Rep. Ryan Winkler (DFL-Golden Valley), who co-chairs the conference committee with Latz, is in the background. Photo by David J. Oakes Omnibus budget bill gains stands at about $935 million. The only bill, which makes few cuts to the univer- The full Finance Committee ad- part of the budget nearly held harmless is sity systems’ bases. The bill cancels the vanced the omnibus finance bill and an E-12 education, said Cohen. ACHIEVE program, eliminates non- E-12 education miscellaneous policy bill, Under the bill, the E-12 education resident tuition rates at four community Fri. Mar., 28. portion of the bill makes total reductions colleges. The article cuts $111,000 from The omnibus finance bill encompass- of $894,000. Sen. LeRoy Stumpf (DFL- the MNSCU budget and $10.5 million es spending measures for education, en- Plummer) presented the article, which from the University of Minnesota. vironment and natural resources, energy, includes a spending measure to eliminate The bill provides for energy, environ- agriculture, veterans and military affairs, a deduction for the school trust fund ment and natural resources reductions economic development, transportation, subtraction and savings from Q Comp of $13.1 million. Sen. Ellen Anderson public safety, judiciary, state government, limitations and disaster relief appropria- (DFL-Mpls.) said they rejected numerous and health and human services. tions. A cut of $922,000 is made to the cuts proposed by the governor. The bill The panel, chaired by Sen. Richard Department of Education, while revenue includes spending measures to address for- Cohen (DFL-St. Paul), reviewed financial is gained from other areas. The measure est fragmentation, creation of jobs related spreadsheets and each section of the bill. also includes ice hockey is adopted as the to green industry and establishment of The review was followed by consideration official state sport. a Star Lakes program. Most savings are of amendments. In the area of higher education reduc- the result of reductions to appropriations Cohen called the bill the Senate’s tions total $22.8 million. Sen. Sandra rather than elimination of programs, said resolution to a significant deficit, which Pappas (DFL-St. Paul) summarized the Anderson.

15 Committee update Sen. Jim Vickerman (DFL-Tracy) Film Board, $80,000 for a deficiency in $1.25 million for short term offender presented the agriculture, military and the Boxing Commission, and $500,000 for reimbursement are the major elements for veterans affairs budget, which is increased the Minnesota Sesquicentennial Commis- the department. Higgins said the division by $1.6 million. Vickerman said the sion. rejected the governor’s recommendations biggest changes to agriculture address The bill also contains a $608,000 for cuts to the Crime Victims Services the bovine TB response and herd buyout cancellation of the foreign trade zone Office, and the Financial Crimes Task appropriations, totaling $5.8 million. authority, cuts and transfers amounting Force. The measure also contains operat- The article also makes cuts to ethanol to $64.335 million. Tomassoni said the ing reductions for the Bureau of Criminal payments. The veterans article includes bill also contains provisions for military Apprehension of $659,000, for CriMNet many of the governor’s recommendations reservist economic injury loans, for licens- of $1 million and for the Office of Justice to support returning troops, in addition ing of a variety of occupations, for chang- programs of $547,000. The measure also to establishment of a veteran’s cemetery ing the name of the Boxing Commission includes a transfer from the special rev- in Northern Minnesota. Cuts are made to to the Combative Sports Commission enue fire safety account of $1 million. the state GI bill because most veterans are and for authorization of nonprofit housing The Judiciary Budget Division recom- using the federal GI bill, Vickerman said. bonds. mendations were explained by Sen. Leo The military article increases spending Sen. Steve Murphy (DFL-Red Wing) Foley (DFL-Coon Rapids). Foley said the by $475,000 a year, including funds for a outlined the changes made by the Trans- bill reduces spending by $5.84 million for state navigator program and support for portation Policy and Budget Division. the judicial branch of government. The employers of National Guard members. The measure reduces spending by $13.228 measure also increases revenue by $1.78 Members then turned their atten- million for FY 09. The bill also includes a million by increasing the criminal traffic tion to the budget changes made by the motor vehicle transfer fee increase of $10, citation surcharge. The governor’s budget Economic Development Budget Division. Murphy said. recommendations were much more severe, Sen. David Tomassoni (DFL-Chisholm) Changes made by the Public Safety Foley said. “These services cannot just be said the division tried to protect jobs Budget Division were explained by Sen. stopped, because cases must be tried,” he programs and even increase spending for Linda Higgins (DFL-Mpls.). Higgins said said. The measure reduces the operating some programs. The bill adds $250,000 the division was given a savings target of budget of the Supreme Court by $652,000, for veteran’s business assistance programs, about $11.9 million. She said most of the the Court of Appeals by $213,000 and the $200,000 for the HIRED training pro- cuts came from the Dept. of Corrections ten District Courts by $3.484 million. In gram, $75,000 for Lifetrack Resources, because it is the largest budget item in addition, the bill reduces the operating $100,000 for a nanotechnology economic the division’s jurisdiction. Reductions of budget of the Public Defenders Office by design program, $500,000 for the snow- $44.28 million for institutions operations, $1.391 million and civil legal services by bate film program, $2.2 million for the $1.5 million for community services, and $100,000.

Senators Julie Rosen (R-Fairmont), left, and Ann Lynch (DFL-Rochester) consult during the Senate floor session, Tues., Apr. 1. Photo by David J. Oakes

16 Sen. Don Betzold (DFL-Fridley) payment rates, provides for supported than either the governor’s proposal or the walked members through the recommen- work for MFIP participants, provides for other body’s proposal because the budget dations of the State Government Budget auto repairs and purchases from the TANF reserve will be needed in the next bien- Division. The budget area includes the appropriations, and reductions in fee-for- nial budget. Legislature, constitutional officers and service payments. Sen. Claire Robling (R-Jordan) major state agencies, Betzold said, as well Pappas offered an amendment align- offered an amendment deleting a sec- as some programs that cut across state ing a MnSCU provision, relating to the tion allowing employees to receive labor government. The governor proposed a net sale of improvements and land, with organization information electronically on reduction of over $22 million, while the language in the bonding bill. The amend- their workplace computers. The amend- division came back with a net change of ment was adopted. Anderson offered an ment was adopted. more than $46 million, he said. However, amendment relating to the green jobs Robling said the bill sets up an ad- the division’s recommendations rely more provisions. The first part of the amend- versarial situation because so many of the on increased revenue, rather than cuts to ment clarifies the use of expenditures, the cuts are aimed at programs the governor agencies, he said. The spending reductions second part of the amendment clarifies supports. Murphy said the governor’s pro- in the bill total $12.223 million, and rev- the role of the Dept. of Commerce and posal targeted cuts at programs supported enue changes provide for $34.285 million. the third part of the amendment changes by members of the majority. Cohen said The reduction items include eliminating the appointing authority for the task the shortfall in 2002 was the product of several assistant and deputy commis- force, Anderson said. The amendment legislative actions, but the shortfall this sioner positions and limiting the use of was adopted. A second amendment, of- year is the result of slowing of the national professional and technical contracts. The fered by Anderson, establishes the policy and world-wide economies. Certainly, revenue items include additional tax com- that if the dedicated funding amendment the governor put forth recommendations pliance initiatives and transfers from some is passed, a council will be established to he supports, but the Senate has always dedicated accounts. make recommendations about the use of maintained the integrity of the health The final budget area, health and hu- funds for natural resource purposes. The care access fund, Cohen said. He said the man services, was covered by Sen. Linda amendment was adopted. bill is not aimed at the governor. Berglin (DFL-Mpls.). There are some very Higgins offered an amendment Members adopted a motion, made painful cuts in this budget, Berglin said, exempting the proceeds from the Dept. by Cohen, to introduce the measure as a and many come on top of prior cuts that of Transportation acquisition of land committee bill. The motion was approved were never restored. However, she said, adjacent to the I-35W bridge from the on a roll call vote of 11-3, with three the proposal is an improvement over the Minneapolis Park Board from being members passing. governor’s recommendation. There are deposited in the general funds. Anderson The committee also approved the no cuts to nursing homes, mental health said the bill could be heard in her divi- omnibus E-12 education funding bill, S.F. programs, or public health care program sion. Higgins withdrew the amendment. 3136. The bill was re-referred to the Taxes eligibility, she said. Additionally, the pro- An amendment, also offered by Higgins, Committee. posal does not rely on a transfer from the clarifies the provision transferring money health care access fund, Berglin said. The from the fire safety account to specify the LCCMR bill approved net change in the proposal is almost $200 transfer applies to the current biennium. Eight bills were before members of million in the general fund, with spending The amendment was adopted. the Finance Committee as they gath- changes near $130 million and revenue Tomassoni sponsored two amend- ered, Wed., Apr. 2. The panel, chaired adjustments of more than $70 million. ments. One amendment eliminates any by Sen. Richard Cohen (DFL-St. Paul), Berglin offered an amendment trim- provisions in the economic development approved all the measures and advanced ming future spending in child care pilot article that would send the entire bill to them to the full Senate. The bills touch programs and other areas, in order to pro- the Taxes Committee. Tomassoni said the on a variety of topics, including appropria- tect nursing homes and other priorities. sections relate to the IRRRB and taconite tions from the environment and natural Several Senators expressed concern about taxes. The second amendment deletes resources trust fund, ratification of state the cuts, saying early childhood educa- language in provisions relating to plumb- labor agreements, special license plates for tion and child care are vitally important. ing licensing. Both amendments were courtesy cars at the U.S. Women’s Open, Berglin said there are no good cuts to be adopted. and controlling bovine tuberculosis. made and that the pilot programs are still Betzold offered an amendment to S.F. 2204, authored by Sen. Linda in their infancies. We are not cutting the delete one of the references to designat- Scheid (DFL-Brooklyn Park), allows the base of these programs, but simply limiting ing ice hockey as the state sport. The commissioner of public safety to issue a growth, she said. The amendment was amendment was adopted. An amendment, second set of disability plates to a quali- adopted. offered by Cohen, was also adopted. The fied driver, if the Council on Disability The bill also includes language pro- amendment incorporates the forecast approves the issuance of a second set. viding a pilot program for a mid-level oral changes in appropriations, provides for Scheid said the intent is to permit quali- health practitioner, clarifying that persons using $100 million of the budget reserve fied drivers with two vehicles to have dis- on a court order for commitment or in and uses the entire amount, $350 mil- ability plates on both vehicles. Sen. James the Minnesota sex offender program are lion, of the cash flow account to resolve Metzen (DFL-South St. Paul) carried a not vulnerable adults, removes the TANF the budget shortfall. He said the amend- bill, H.F. 3138, eliminating the salary limit cap, delays the rebasing of operating cost ment keeps more in the budget reserve for the administrator of the Minnesota

17 Committee update

Senators Bill Ingebrigtsen (R-Alexandria), left, and Joe Gimse (R-Willmar) converse during the Senate’s Tues., Apr. 1 floor ses- sion. Photo by David J. Oakes Zoo and ratifying nine collective bargain- in 2006 that was declined by the intended several models in other states of what not ing agreements and four compensation recipient. S.F. 3069, sponsored by Sen. to do, he said. It is clear we need to deal plans for executive branch employees. Geoff Michel (R-Edina), provides for the with this aggressively, even though we At Metzen’s request, members adopted issuance of 250 special temporary permits have only a small infestation now, Skoe amendments adding two additional plans for use in the 2008 U.S. Women’s Open said. The bill proposes a herd buyout with- for ratification. S.F. 3331, sponsored by golf tournament. The championship will in a small zone where bovine TB has been Sen. Scott Dibble (DFL-Mpls.), authorizes be held at Interlachen Country Club in identified, he said. If the producer chooses the Minneapolis Park and Recreation June, Michel said, and the specialty plates not to take the buyout, the Board of Ani- Board to retain proceeds from the con- are for the tournament’s small fleet of mal Health will conduct a risk assessment demnation of public park lands necessary courtesy cars. Similar authorization was and seek to limit outside contact with the for the reconstruction and expansion of provided for previous major golf tourna- herd, he said. S.F. 3573, sponsored by Sen. the I-35W Bridge in Minneapolis and use ments held in Minnesota, he said. Alyssa Kathy Sheran (DFL-Mankato), autho- the proceeds for a similar purpose near the Schlander, Auto Dealers Association, said rizes the commissioner of health to award Mississippi River. the manufacturer will donate the vehicles, grants to the University of Minnesota to Sen. Ellen Anderson (DFL-St. Paul) which will remain new and untitled develop a model to assess the impact of carried the LCCMR’s appropriations during the two weeks leading up to and proposed health care reforms on all sectors proposal, S.F. 2492. Anderson said the including the tournament. Because of that of the health care system and to study the measure focuses on four areas: land and peculiarity, the special authorization is costs and benefits of various health care habitat, water resources, natural resources needed, she said. reform proposals. information and environmental educa- S.F. 3728, authored by Sen. Rod Skoe S.F. 3300, carried by Sen. David tion. The bill appropriates $22.866 mil- (DFL-Clearbrook), provides for the con- Tomassoni (DFL-Chisholm), appropriates lion from the environment and natural trol of bovine tuberculosis. This is a hard $4.9 million from the workers’ compensa- resources trust fund and $86,000 from the disease to control, Skoe said, and there tion fund for a study of iron miner’s lung Great Lakes protection account; it also is no exact plan for how to reestablish health. Tomassoni said the bill is moti- transfers a $500,000 appropriation made bovine TB-free status. However, we have vated by the unusually high incidence of

18 mesothelioma-related deaths among taco- that her role is to defer to the will of the Sen. Sharon Erickson-Ropes (DFL- nite miners on the Iron Range. I support people by supporting the recommenda- Winona) said the Legislature has failed the study, but the cost should not be borne tions of their elected executive officials. to connect the dots between education by employers at large through the work- Magnan did say that she would speak funding and health care, and different ers’ compensation fund, said Sen. Claire against something she felt was a funda- sectors need to communicate better. Testi- Robling (R-Jordan). This is a problem mental injustice, corruption and illegal or fiers explained the slow increase in the closely affiliated with the mining indus- unethical activity. capacity of the higher education system try, she said. She offered an amendment Berglin said the state was fortunate to to accommodate interest in health care splitting the funding responsibility equally have the commissioner as an advocate for careers. between the workers’ compensation public health needs in the administration. fund and the Iron Range Resources and The committee then heard two Rehabilitation Board, which is supported presentations. Dr. Stan Shanedling of Health and Human Services by assessments against mining companies. the Dept. of Health spoke on the state’s Budget Division Cohen said the IRRRB’s dollars are meant heart disease and stroke prevention plan. to support economic development. This Heart disease and stroke together are the Rebasing parameters approved is about worker health, not economic No. 1 cause of death in Minnesota, or The Health and Human Services development, he said. Tomassoni said the 28 percent of the deaths annually, said Budget Division met Tues., Apr. 1, to hear IRRRB has already encumbered the funds Shanedling. In addition, hospitalizations four bills, including two modifying county the amendment seeks to use. The amend- costs are $2.1 billion annually, he said. based purchasing agreements. The panel, ment was not adopted. Indicators of high blood pressure, chaired by Sen. Linda Berglin (DFL- high blood cholesterol, diabetes, over- Mpls.), recommended all four bills to pass weight, or obesity are all increasing, ac- and re-referred them to the Committee on Health, Housing and Family cording to a program mid-course review. Finance. Security Challenges to improving heart health Sen. Tony Lourey (DFL-Kerrick) include a need for public education, a lack presented two bills. S.F. 3673 directs the Dept. of Health commissioner of commitment to address the issue from commissioner of health to develop and confirmation approved by panel certain population groups and geographic implement a three year demonstration The Health, Housing and Family Se- demographics, and the challenge of ele- program for older adult services communi- curity Committee engaged in a discussion vating the health risk in the perception of ty consortiums. The bill allocates funding with Minnesota Dept. of Health Commis- the public eye, according to Shanedling. from grant programs, and a report is due to sioner Sanne Magnan, and approved her Positive indicators include a decrease the Legislature in 2011. confirmation, Mon., Mar. 31. The com- in cigarette smoking and physical inactiv- Lourey’s second bill, S.F. 3181, modi- mittee then heard two brief presentations. ity, and an increase in consumption of five fies dispute resolutions for county based Committee chair Sen. John Marty fruits and vegetable servings daily. purchasing. The proposal makes changes (DFL-Roseville) asked the commissioner In the context of the health care to a three-person mediation panel, media- to address three concerns. The first is reform debates this information is par- tion procedures, and related duties of the treatment of employees who may express ticularly important, said Rachel Callanan commissioner. concerns on issues as private citizens, not of the American Heart Association. The Sen. Yvonne Prettner Solon (DFL- on behalf of the agency. Magnan said rep- association is requesting $400,000 for Duluth) presented S.F. 3322. The proposal rimanding or scolding is not her style, and the stroke and heart disease prevention makes county-based purchasing more con- while she expects employees to support unit to continue to implement the plan. sistent with requirements for HMO’s, sets the agency’s plans, she would not inter- Callanan also answered questions about reserve requirements, limits expenditures fere with employees speaking as private efforts to address health disparities related of excess revenues and ensures periodic citizens to their legislators. to income. re-procurement of all geographic areas Marty asked her to speak about the The committee then heard a presen- of the state. Prettner Solon offered an agency’s commitment to the original tation on anticipated shortages within the amendment to remove the fiscal impact of intent of data practices and open meet- health care workforce. John McLaughlin a study and data reporting required in the ing laws providing more transparency in of the Hennepin-Carver Workforce De- bill by imposing a 33 cent fee on enrollees government. Magnan said many of those velopment Fund said an initiative spon- the first year and 28 cents in future years. ideas were developed before email, and sored by Sen. Linda Higgins (DFL-Mpls.) The proposal also receives revenue from a she encourages people to carefully con- has been unsuccessful in securing funds. special revenue fund. sider what they put in email, but not to Dr. Bruce Nauth of the fund said S.F. 3366, authored by Berglin, estab- stifle “vigorous debate.” the industry may lose tens of thousands lishes a floor and ceiling for nursing home The third concern Marty asked of people in upcoming years due to an rebasing. Under the bill, all facilities will Magnan to address is how a commissioner aging workforce, decreased entry into the receive at least a one percent increase in may express ideas that are contrary to an labor force, and a decrease in the work- operating rates, and no facility will receive official administration position. Magnan ing age. These factors will converge with an increase of more than 2.5 percent. said she walked a fine line between being an increase in need due to advances in Without setting the floor and ceiling, an appointed commissioner supporting medical technology and longer life spans, some facilities would receive less than a the governor and a pubic servant. She said said Nauth. one percent increase, while others would

19 Committee update receive a much higher percentage, said report acknowledges that a number of parcel or lot when the owner also owns Berglin. factors contribute to declines in gambling a contiguous nonconforming parcel or receipts, Barrett said. He said the other lot. Sen. Ray Vandeveer (R-Forest Lake), factors include a general economic decline chief author, said the bill treats all proper- State and Local Government and the surging price of gasoline. How- ty equally and fairly, rather than imposing Operations and Oversight ever, the other factors cannot explain the restrictions based solely on ownership of drastic decline experienced during the first adjacent property. Representatives of the Report: smoking ban contributed three months of the smoking ban, he said. Dept. of Natural Resources raised con- to decline in lawful gambling The report also includes several cerns about the bill, especially as it relates A report on the impact of the state- recommendations. Among the recom- to shoreland lots. The department is in wide smoking ban on lawful gambling was mendations are continued monitoring of the process of revising its shoreline rules a key focus of the Mon., Mar. 31, meet- declining receipts by the board, quarterly and the revised rules may resolve some ing of the State and Local Government updating of legislative leaders on the of the concerns underlying the bill, they Operations and Oversight Committee. evolving fiscal situation, comprehensively said. Representatives of local government The report was required in the legisla- studying gambling operations and cost associations also spoke and raised con- tion enacting the statewide smoking ban. saving opportunities, and expanding the cerns. The measure was laid on the table Conducted by the Gambling Control permitted forms of lawful gambling. The for future discussion. Board and the Dept. of Revenue, the complete report is available online at report examined data from the first three http://www.gcb.state.mn.us/PDF_Files/ months of the ban. Tom Barrett, execu- Smoking%20ban%20study.pdf. Barrett State Government Budget tive director of the Gambling Control also presented the Gambling Control Division Board, said the report found that annual Board’s annual financial report. The an- gross receipts from lawful gambling were nual financial report is available online Agency salary caps altered down an average of 2.5 percent per year at http://www.gcb.state.mn.us/PDF_Files/ Members of the State Government for the last five years. During the first FY07.pdf. Budget Division, chaired by Sen. Don three months of the ban, gross receipts fell In other action, committee members, Betzold (DFL-Fridley), met briefly Mon., 12.8 percent compared to the same period chaired by Sen. Ann Rest (DFL-New Mar. 31, to consider one bill. S.F. 2736 a year earlier, he said. Barrett said the 12.8 Hope), considered a bill, S.F. 2872, limit- modifies the caps on state commissioner drop was the largest decline since lawful ing the ability of local units of govern- salaries and specifies that a recognized gambling was first regulated, in 1985. The ment to restrict the use of a conforming system for classification analysis and its

Senators Michelle Fischbach (R-Paynesville) and Dan Sparks (DFL-Austin) converse during floor debate in the Senate Cham- ber, Thurs., Apr. 3. Photo by David J. Oakes

20 concurrent point allocation system must in the Metro Area, said Sen. Lawrence Laws, and Rules. The page also allows be used in order to attain compensation Pogemiller (DFL-Mpls.). He noted that one to track legislation and get general equity. geographically large districts already get information about the legislative process. Sen. Sandra Pappas (DFL-St. Paul), special help because of their size through The site includes a district finder service chief author of the bill, said the measure the sparsity program. The Skoe amend- for those who need to contact their House is designed to relieve salary compression ment was amended to limit its duration member or Senator. Other information– between top level managers and commis- for one year. That will get us to the next about visiting the Capitol, state history sioners. “Nearly one-third of the state’s budget cycle, when we can take a closer and symbols, and employment opportuni- work force will be eligible for retirement and more comprehensive look at school ties with the Legislature–is also available. in the next three years and allowing top transportation costs and funding, Bakk Information about joint legislative level managers to have increases will aid said. The amended amendment was then departments, the various legislative com- in retaining employees,” Pappas said. She adopted. missions, and task forces is available at said it is difficult to recruit high level http://www.commissions.leg.state.mn.us. employees because of the current salary The House of Representatives Web limitations. Under the bill, commission- page (http://www.house.mn) includes ers’ salaries are linked to local government membership and committee information. compensation limits, which are 110 per- Historical database available It also has daily news, information, and cent of the governor’s salary, Pappas said. The Legislative Reference Library the daily House schedule. House journals She said the current limits of 85 percent has developed a database, “Legislators and legislative information are also avail- and 95 percent of the governor’s salary are Past and Present,” containing information able. impeding the ability to recruit and retain about Legislators who have served since The Senate Web site (http://www. employees. territorial times. The database’s informa- senate.mn) has information about mem- The panel approved the bill and tion was compiled from official legislative bers, committees and Senate staff. The advanced the measure to the full Finance directories, obituaries, news clippings, page also has daily and weekly schedules Committee. family files and other sources. It contains for the Senate, as well as copies of the information about terms of service, educa- Journal and Senate Briefly. The status of Taxes tion, occupation, party or caucus affilia- legislation and confirmation of executive tions, leadership positions, represented appointments by the Senate is also avail- E-12 budget bill heard communities and more. able. The E-12 budget reconciliation The database also includes informa- Both the Senate and House Web sites measure was the sole agenda item be- tion about Minnesota Legislators who offer streaming video access to floor and fore members of the Taxes Committee, served in other government functions, selected committees. Tues., Apr. 1. The panel, chaired by Sen. ranging from the local level to the nation- Thomas Bakk (DFL-Cook), advanced the al level. For example, almost two dozen Information Services bill to the full Senate. Legislators have served on the University The Senate Information Office and S.F. 3631, sponsored by Sen. LeRoy of Minnesota Board of Regents; the most the Office of the Secretary of the Senate Stumpf (DFL-Plummer), makes a number recent is current Regent and former Sen- are located in Room 231 of the Capitol. of changes in E-12 appropriations and ate Majority and Minority Leader Dean These offices distribute all public printed levy provisions. Because of the levy and E. Johnson. The database even indicates materials and handle inquiries about Sen- tax implications, the bill falls within the which Minnesota Legislators also served ate committee meetings, Senate districts, Taxes Committee’s jurisdiction. in another state’s legislature; there have Senate telephone numbers, bill reference Members spent significant time been at least 15, and the number may numbers and status and bill sponsorship. considering a provision modifying lan- climb as more information is compiled. Interested citizens may also request copies guage that must be on the ballot when a “Legislators Past and Present” is avail- of bills. district’s voters are being asked to extend able online at http://www.leg.state.mn.us/ If you want to know the name of your a levy referendum that is scheduled to ex- legdb/index.asp Senator or have any other questions about pire. Much of the discussion centered on the Minnesota Senate, call 651-296-0504 the appropriate balance between a simple Senate on the World Wide Web (tty 651-296-0250). statement of the issue and a detailed The Minnesota Legislature’s Web The Senate Information Office explanation of the tax ramifications of site has been updated. A joint effort of also has toll-free telephone numbers to voting yes or no. the Senate, House of Representatives, enable citizens of Greater Minnesota Sen. Rod Skoe (DFL-Clearbrook) Legislative Reference Library, Legislative to obtain general information about offered an amendment permitting school Commissions, and the Office of the Revi- the Minnesota Senate. The telephone districts with sparsity revenue to levy sor of Statutes, the site offers easier access numbers are: 1-888-234-1112 (voice) and for transportation costs. Skoe said many to a variety of legislative and government 1-888-234-1216 (tty). Staff members are large school districts in Greater Min- information. available to answer questions about the nesota have special transportation needs The Legislature’s page (http://www. Senate and the legislative process. because of their large geographic size. All leg.mn) includes links to other govern- For daily recorded updates on com- districts have transportation costs, includ- ment agencies and departments, as well mittee meetings, call the Senate Hotline ing suburban and urban school districts as copies of Minnesota Statutes, Session at 651-296-8088.

21 Senate Briefly

Page 2 Highlights

Page 4 Committee update

Gesha Gendun, a member of the Gyuto Monastery in Minneapolis, joins several dozen other Min- nesota Tibetans in the Capitol Rotunda, Thurs., Apr. 10, to protest China’s occupation of Tibet. Photo by A.J. Olmscheid

April 11, 2008 Senate Highlights Ticket hoarding ban okayed elections, she said. Lourey said the amend- the ACHIEVE scholarship program and Senators granted preliminary pas- ment seemed to mirror the bill’s spirit and Q comp alternative teacher pay, she said. sage to nine measures on General Orders, approach to filling vacancies. The amend- Sen. Paul Koering (R-Fort Ripley) said he Mon., Apr. 7. Among the bills approved ment was adopted. was pleased funding for the positive abor- was a measure designed to combat prac- H.F. 3138, sponsored by Sen. James tion alternatives program was restored. tices used by some online ticket brokers Metzen (DFL-South St. Paul), ratifies I will support this bill, because I want to defeat the security processes of online labor contracts and compensation plans to be part of a solution, not an obstacle, ticket vendors, amass a large quantity of for employees in the executive branch of Koering said. H.F. 1812 was granted final tickets and drive the cost of attending an government. The bill also requires the passage, 40-25. event up. adoption of a compensation plan for clas- Senators granted final passage to S.F. 3139, authored by Sen. Ron Latz sified employees in the Office of the Leg- three additional bills on the Senate (DFL-St. Louis Park), makes it a misde- islative Auditor. S.F. 2605, authored by Calendar. H.F. 3220, carried by Sen. Jim meanor to intentionally use software to Sen. Kathy Saltzman (DFL-Woodbury), Vickerman (DFL-Tracy), authorizes politi- circumvent, on a ticket seller’s website, a provides for staggered terms of members of cal subdivisions to make grants to non- security measure, access control system, the Metropolitan Council. S.F. 3758, car- profit organizations. The bill was granted or a control or measure used to ensure an ried by Sen. John Doll (DFL-Burnsville), final passage, 55-5. H.F. 1499, sponsored equitable ticket buying process. S.F. 3218, updates provisions and makes a number by Scheid, enacts the Uniform Prudent sponsored by Sen. Thomas Bakk (DFL- of changes to help reconcile Minnesota’s Management of Institutional Funds Act; it Cook), contains the recommendations renewable energy standard with federal was granted final passage, 60-0. H.F. 3516, of the Workers’ Compensation Advisory law. Sen. Steve Dille (R-Dassel) offered carried by Sen. Ann Rest (DFL-New Council. an amendment repealing a prohibition Hope), providing for a statewide foreclo- Sen. Tony Lourey (DFL-Kerrick) on the construction of nuclear-powered sure data collection and reporting system carried a bill, H.F. 3662, reducing from electric generating plants. The amend- study, was granted final passage, 60-0. two years to one year the triggering point ment was ruled not germane to the bill; for a special election to fill the unexpired the ruling was upheld by the body, 41-21. Routine floor session held term of a county commissioner or city Sen. Leo Foley (DFL-Coon Rapids) The Thurs., Apr. 10, floor session was council member. The bill also requires a authored S.F. 3360, which makes it a mis- devoted to processing bills on the various public hearing including public testimony demeanor to possess a device or substance calendars and appointing conference com- before making an appointment to fill a intended to enhance an animal’s ability mittees. Senators granted concurrence vacancy. Sen. Betsy Wergin (R-Princeton) to fight. S.F. 2930, carried by Sen. Linda and repassage to one measure, granted offered an amendment clarifying that if Scheid (DFL-Brooklyn Park), makes a final passage to nine bills on the Senate a vacancy occurs within 90 days of the number of technical and updating changes Calendar and granted preliminary passage end of the position’s term, the position to debt management services regulations. to a number of bills on General Orders. must remain open through the election. S.F. 3775, authored by Doll, establishes a S.F. 1218, authored by Sen. Sharon The amendment saves local governments pilot program to collect and process used Erickson Ropes (DFL-Winona), the Min- money, prevents cronyism and ensures fair paint. Doll offered, and members adopted, nesota Overseas Voting Act, was granted an amendment reducing the maximum concurrence and repassage. The bill adds level of a required consumer paint stew- military identification card numbers and Senate Briefly is a publication of ardship fee from $1 to $0.50 per gallon of passport numbers to restricted data provi- the Minnesota Senate Publications architectural paint. sions, modifies provisions relating to U.S. Office. During the regular Legislative In other action, Senators granted citizens permanently residing outside the Session, it is produced weekly. The final passage to the omnibus budget rec- country, modifies the required informa- publication is a service of the Minne- onciliation measure, H.F. 1812. Members tion for ballot applications and expands sota Senate. It can be made available granted preliminary passage to the bill the identification numbers accepted for during a marathon floor session, Thurs., in alternative formats. recording ballot applications. Apr. 3. After a series of procedural moves Among the bills granted final passage to bring the bill up for a final vote and on the Senate Calendar was S.F. 3139, Editor/Writer: place the Senate language on the bill, carried by Sen. Ron Latz (DFL-St. Louis Karen L. Clark Chief Author Richard Cohen (DFL-St. Park). The measure establishes the crime Paul) reminded members of the signifi- of interfering with internet ticket sales. Assistant Editor/Writer: cance of the proposal. It is not a perfect S.F. 3218, authored by Sen. Thomas Bakk Joshua A. Dorothy solution, he said, but we have a consti- (DFL-Cook), adopts recommendations tutional obligation to balance the state of the Workers’ Compensation Advisory Writer: budget. In difficult times, that is what the Council. H.F. 3662, authored by Sen. Danielle Cabot bill does, he said. The bill makes a lot of Tony Lourey (DFL-Kerrick), provides for bad choices and will be difficult to negoti- a public hearing and public testimony ate with the other body and governor, before making an appointment to fill a Photographers: said Sen. Claire Robling (R-Jordan). The vacancy on a county board. David J. Oakes measure eliminates or severely restricts H.F. 3138, sponsored by Sen. James A.J. Olmscheid many of the governor’s initiatives, such as Metzen (DFL-South St. Paul), ratifies

2 Senators Keith Langseth (DFL-Glyndon) and Tarryl Clark (DFL-St. Cloud) trade quips with members of the Capitol press corps outside the Governor’s Office following the governor’s line item vetoes of the bonding bill, Mon., Apr. 7. Photo by A.J. Olmscheid public employment labor agreements and statement period for manufactured home for the reconstruction and expansion of compensation plans. S.F. 2605, carried by owners in default and provides the same marked I-35W at the Mississippi River. Sen. Kathy Saltzman (DFL-Woodbury), protections against predatory lending S.F. 2967, sponsored by Higgins, autho- provides staggered terms for Metropolitan practices as those for other homeowners. rizes the Minneapolis Park and Recreation Council members. S.F. 3758, authored by S.F. 3069, carried by Sen. Geoff Michel Board and the city of Minneapolis to Sen. John Doll (DFL-Burnsville), modifies (R-Edina), provides for the issuance adopt standards for dedication of land to provisions relating to power transmission of special U.S. Women’s Open license the public or a payment of a dedication lines, renewable energy obligations and permits. Michel offered an amendment fee on new commercial and industrial relating activities and costs. directing that the funds raised from the development. S.F. 3258, carried by Lourey, S.F. 3360, sponsored by Sen. Leo permits be deposited to a special revenue makes primarily technical and administra- Foley (DFL-Coon Rapids), prohibits fund in the Division of Driver and Vehicle tive changes to optometrist practice and possession of animal fighting devices and Services. S.F. 2988, carried by Sen. Rick licensing provisions. S.F. 2204, authored modifies penalties. S.F. 2930, carried by Olseen (DFL-Harris), sets forth the licens- by Scheid, allows an individual to have Sen. Linda Scheid (DFL-Brooklyn Park), ing requirements for type III school bus regulates debt management services and drivers. Olseen offered, and members ad- more than one set of handicapped license repeals an obsolete criminal provision. opted, an amendment deleting a provision plates. H.F. 3357, sponsored by Olseen, S.F. 3775, sponsored by Doll, establishes a requiring rulemaking. A type III school modifies municipal boundary adjustments pilot program to collect and process used bus vehicle is a van or other vehicle used provisions. S.F. 3441, authored by Sen. paint. as a school bus, Olseen said. S.F. 3331, Mee Moua (DFL-St. Paul), limits testimo- Bills gaining preliminary passage carried by Sen. Scott Dibble (DFL- ny of domestic abuse advocates without on General Orders included H.F. 3477, Mpls.), permits the Minneapolis Park and the consent of victims. S.F. 3780, spon- authored by Sen. John Marty (DFL-Ro- Recreation Board to retain proceeds from sored by Lourey, authorizes optometrists to seville). The measure doubles the rein- the condemnation of park lands necessary dispense legend drugs for contact lenses.

3 Committee update Economic Development believed the language was incomprehen- had also been in the omnibus bill, but had sible. We can handle water-free urinals been removed on the Senate floor. Budget Division when the department is ready to address All three bills were advanced to the them in the Building Code, Tomassoni Finance Committee. Three bills gain said. Members of the Economic Develop- S.F. 3685, carried by Tomassoni, ment Budget Division gathered briefly, changes the name of the Boxing Commis- Energy, Utilities, Technology Wed., Apr. 9, to consider three bills. The sion to the Combative Sports Commission and Communications measures were all included in the panel’s and makes conforming changes to a recent omnibus budget proposal, said Chair expansion of the commission’s author- Public Utilities Commissioners David Tomassoni (DFL-Chisholm), but were removed from the omnibus budget ity. Tomassoni also sponsored S.F. 3471, recommended for confirmation reconciliation bill on the Senate floor. which modifies language regarding unem- The Committee on Energy, Utili- He explained that the committee would ployment benefits and extends unemploy- ties, Technology and Communications ensure the provisions were in the shape ment benefits to a total of 39 weeks in approved confirmation of Public Utilities the Finance Committee had put them counties where the unemployment rate Commissioners David Boyd, Phyllis Reha in when the budget bill went to the full is 1.8 times the state average of at least and J. Dennis O’Brien, Tues., Apr. 8. Senate. 4.6 percent for the previous 12 months. The committee, chaired by Sen. Yvonne S.F. 2926, authored by Sen. Linda Members adopted a mostly technical Prettner Solon (DFL-Duluth), then heard Scheid (DFL-Brooklyn Park), corrects amendment clarifying the unemploy- a report on carbon sequestration and a technical and grammatical errors in the ment extension for seasonal employees. A report on public building energy savings. construction code and licensing legisla- second amendment was also adopted; the Reha said she has focused her time tion enacted in 2007. Members removed amendment incorporates unemployment in the commission on energy efficiency a provision relating to water-free urinals insurance provisions relating to veterans. and renewable energy. Boyd said his because the Dept. of Labor and Industry Committee staff indicated the language scientific background and administrative

Senators Jim Carlson (DFL-Eagan) and Sandy Rummel (DFL-White Bear Lake) exchange ideas during an Energy, Utilities, Technology and Communications Committee hearing, Wed., Apr. 9. Photo by David J. Oakes

4 skills are a good fit for the commission. He said he has focused on the technologi- cal aspects of the commission. O’Brien, a private practice lawyer with experience in government, school finance, and labor relations, has been on the commission since February. The panel and commissioners dis- cussed the effect of open meeting laws on the PUC’s process, and how commission- ers may contribute their own expertise to the Legislature. Senators then heard a preliminary re- port on carbon sequestration by both ter- restrial mechanisms and deep geological sequestration. The studies were directed by the Legislature last year and coordinat- ed with the University of Minnesota and the Minnesota Geological Survey. Mark Lindquist of the Department of Natural Resources, Cheryl Miller, Minnesota Ter- restrial Carbon Sequestration Initiative, and Tony Runkel and Dale Setterholm of the Minnesota Geological Survey pre- sented the report. Terrestrial sequestration refers to the absorption of carbon dioxide by plants and conversion of that carbon into plant matter. Terrestrial sequestration can provide modest contributions to the state’s greenhouse gas reduction goals, in addi- tion to improving water and soil quality, according to the study. The report recom- mends protecting peat lands and forests Farmer and wind energy developer Dennis Fultz of Tracy tells members of the to prevent additional emissions of carbon Energy, Utilities, Technology and Communications Committee, Wed., Apr. 9, about dioxide, promote land use and land cover the need for additional transmission lines in order for community wind projects to be changes with high sequestration rates, and viable. Photo by David J. Oakes invest in monitoring and demonstration programs. efforts, required training, better metering Ten times as many projects are trying to Deep geologic sequestration is inject- systems, and further funding. The report connect to the grid as needed to meet the ing carbon dioxide into underground also proposes long term policies including mandate, said Moeller, but on average sandstone, shale, or clay geologic features incentives, flexibility, and institutionaliza- about 60 percent of requests drop out with impermeable caps. The mid-con- tion of the policies and measures. throughout the process for various reasons. tinent rift system running through the Federal regulations have slowed down the southeast of the state is the only geo- Panel hears from wind energy MISO queue of projects trying to con- logic structure with these characteristics, transmission stakeholders nect to the grid. However, he said that according to the study. According to he didn’t see any significant problems in The Committee on Energy, Utilities, Runkel, the mid-continent rift system is meeting the earlier deadlines of the state’s poorly suited compared to other sites in Technology and Communications held mandate, but things need to happen to the world due to its complexity and low an informational hearing on transmission meet 2016 deadlines and beyond. permeability. issues, Wed., Apr. 9. The panel, chaired Will Kaul and Laura McCarten of Nicky Giancola of the Department by Sen. Yvonne Prettner Solon (DFL- a program to expand energy capacity, of Administration and Steve Kelley, Dane Duluth), heard where various stakeholders CAPX 2020, updated the committee on McFarlane, and Alexandra Mallett of the are in the process of meeting wind power their plan’s progress. McCarten said they Humphrey Institute of Public Affairs pre- mandates for the state. were confident that the state can meet sented a report on energy savings in state Clair Moeller of the Midwest Inde- the 2010 and 2012 goals, and a blueprint buildings. The report determines barriers pendent Transmission System (MISO) will be presented later in the year address- to energy savings and offers proposals to outlined challenges to determining how ing later goals. Kaul said a larger regional improve data collection and increase en- much transmission infrastructure is ap- planning program is necessary to meet ergy savings such as data standardization propriate to meet the wind mandate. 2016 goals.

5 Committee update in the current infrastructure. After that, Crocker said lower voltage transmission should happen first, and high voltage development should happen second to meet the more decentralized supply being developed. Edward Garvey of the Office of Energy Security said transmission is the Achilles heel of energy policy, and needs to be upgraded for reliability, economic dispatch, and environmental reasons. The state needs to plan now for the next phase of transmission lines, including anticipat- ing regulatory issues.

Environment and Natural Resources Committee EQB appointments approved The Environment and Natural Re- sources Committee, chaired by Sen. Sat- veer Chaudhary (DFL-Fridley), met Tues., Apr. 8, to consider several appointments to the Environmental Quality Board. The panel approved the appointments of Julie Goehring, Susan McCarville and Dennis Wenzel to the board.

Environment, Energy and Natural Resources Budget Senators Rick Olseen (DFL-Harris) and Julianne Ortman (R-Chanhassen) closely examine a document during the Senate’s Thurs., Apr. 10, floor session. Division Photo by David J. Oakes Biodiesel bill gains Theresa Mogensen of Xcel Energy Buffalo Ridge, and that’s why they want The Environment, Energy and Natu- explained the company’s initiatives to their own line. ral Resources Budget Division, chaired by expand capacity. Mogensen said Xcel has Bob Gervais of the Tracy Economic Sen. Ellen Anderson (DFL-St. Paul), met already expanded wind capacity by 600 Development Authority said transmission Tues., Apr. 8, to consider several measures megawatts, and has 32 projects in the and conduits in general, such as roads, are ranging from the omnibus environment works. Because establishing transmission crucial to small towns that need access to and natural resources policy bill to a bill takes a relatively long time compared bigger markets. increasing the minimum biodiesel content to the time it takes to establish wind Douglas Collins of Interstate Trans- for fuel. power, a chicken and egg scenario hinders mission Company acknowledged the frus- The biodiesel content bill, S.F. 2724, authored by Sen. Jim Vickerman (DFL- development when one does not want to tration of other testifiers. Collins said his Tracy), increases the mandated amount of develop without the presence of the other. company is looking at a regional system biodiesel from the current two percent to Xcel is also concerned about “corridor including surrounding states. Beth Soholt of Wind on the Wires five percent by May 1, 2009. The measure fatigue” or putting too much onto existing commented on various studies underway. also creates a tiered biodiesel content goal transmission corridors, said Mogensen. Soholt said the CAPX developments are for the future with a required content Ingrid Bjorklund and Dennis Fultz of positive and the state needs diverse trans- amount of 20 percent by 2015. The bill Outland Renewable Energy, which devel- mission systems. MISO queue reform is a sets criteria for the conditions for in- ops community wind projects, described piece of the puzzle, but not a silver bullet, creasing the amount, including sufficient their proposed private transmission line. said Soholt. supply and adequate blending infrastruc- Minnesota Independence Line will run George Crocker of the North Ameri- ture. The bill provides that the increased from the south of the state to the Twin can Water Office said previous testifiers content levels are effective during the Cities and be dedicated to renewable en- were trying to solve new paradigm prob- months of April, May, June, July, August, ergy, said Bjorklund. Fultz said their power lems with old paradigm thinking. Mike September and October only. The bill also would be rejected during productive times Michaud, a consultant for the office, said requires the commissioners of agriculture due to transmission constraints around there is significant undeveloped potential and commerce to consult with stakehold-

6 ers to make recommendations regarding the amendment, offered by Sen. Patricia rebuffed an attempt to remove the primary improvements in the production, blend- Torres Ray (DFL-Mpls.), was the language seat belt provisions from the bill. ing, handling and distribution of biodiesel of a bill she thought had been included in S.F. 3223, authored by Sen. Steve blends to ensure the performance of the the omnibus measure. However, the cur- Murphy (DFL-Red Wing), contains blends in cold weather. rent language required the issuance of the numerous policy proposals considered and Members adopted an amendment permit after several conditions were met. approved by members of the Transporta- clarifying that no foreign palm oil be She said the area has been subjected to tion Budget and Policy Division over used in developing biodiesel, requiring a great deal of pollution and the require- the course of the session. Murphy and information on the impact of biodiesel ment that the new facility provides jobs Fiscal Analyst Krista Boyd summarized on feed crops and production capacity to to residents in the area was not enough the provisions in the bill that have fiscal be included in the annual report, requir- inducement to support the facility. “The impacts. The provisions include mak- ing a study on the benefits of low carbon community is not ready to trade seven ing failure to wear a seat belt a primary fuel standards and altering the funds from jobs for the health of its children,” Berglin offense, implementing an Urban Partner- which appropriations contained in the bill said. The amendment was adopted. ship Agreement with federal authorities, are taken. The panel also adopted an amend- including medium-speed electric vehicles The bill was approved and advanced ment, offered by Sen. Pat Pariseau (R- in the definition of “passenger automo- to the full Finance Committee. Farmington), prohibiting boats or trailers bile” for vehicle registration purposes, The panel devoted the lion’s share from transporting aquatic plants into creating an Office of Pupil Transporta- of the hearing to discussing S.F. 3385, lakes or rivers. Members also adopted an tion Safety in the State Patrol, clarifying the omnibus environment and natural amendment modifying a requirement that the state’s policy regarding drivers who resources policy bill. The bill, carried by the owners of an underground gasoline drive with suspended licenses, ensuring Sen. Satveer Chaudhary (DFL-Fridley), tank notify public officials and residents the Lafayette Bridge is transit ready, and modifies licensing requirements for and businesses located within 1,000 feet creating a complete streets program. Sen. individual sewage treatment system of the tank of releases or a need for cor- Michael Jungbauer (R-East Bethel) briefly professionals, modifies requirements for rective action. An amendment deleting described the goals of a complete streets air emission permits, modifies state park language relating to the appointment of program. It is meant to make safe and full permit requirements, authorizes free state the Watonwan County Soil and Water use of existing right of way for all users, park permits for totally and permanently Conservation District supervisors was including pedestrians, bicyclists, motorists disabled veterans, creates a Minnesota also adopted. Sen. Dennis Frederickson and transit riders, he said. One benefit will forests for the future program, provides (R-New Ulm) said another bill containing be to encourage more and safer outdoor a process for designating star lakes and the provision has already been signed into activity along our roads, Jungbauer said. rivers, provides for a voluntary wall- law. Chaudhary offered an amendment Sen. David Tomassoni (DFL-Chish- eye stamp, restricts licensing of specific requiring a ballast water management olm) offered an amendment deleting the natural waters for aquaculture, provides plan. Sen. Ann Rest (DFL-New Hope), primary seat belt provisions. We do not for viral hemorrhagic septicemia control who sponsored a bill strictly regulating need a primary seat belt law, he said. We and modifies hunting and fishing licens- the discharge of ballast water into Lake already require seat belts to be worn and ing and taking provisions. The measure Superior by oceangoing vessels, said the there are enough things people can al- also provides for expedited exchanges of amendment was intended to provide a ready get pulled over for, Tomassoni said. public land; adds to and deletes land from framework for further discussion. The Minnesota is one of the only states where state parks, recreation areas and forests; bill was laid over for further debate and seat belt compliance has actually gone provides for the sale of public lands; and amendment because of time constraints. down in the last two years, Murphy said. modifies a number of specific accounts. Earlier, the division approved a bill, More teens die here than in any other Chaudhary said the bill had been S.F. 3605, changing the name of the Legis- state, he said, in part because Minnesota discussed extensively in the policy com- lative Electric Energy Task Force. Sen. teens know they cannot get pulled over mittee and was before the panel because Yvonne Prettner Solon (DFL-Duluth) for not wearing seat belts. Sen. Gen Olson of several provisions with fiscal impact. said the name change, to the Legislative (R-Minnetrista) responded that teens do He offered an amendment to delete or Energy Task Force, indicates a wider scope not get killed just for not wearing their alter provisions in the bill in order to have of issues and provides for consideration seat belts. They have to be driving danger- little or no impact on the general fund. of all types of energy. The measure was ously first, she said. Murphy said teens are The amendment was adopted. Members advanced to the full Finance Committee. not always the dangerous driver; another also adopted an amendment deleting driver could hit an otherwise safe teen language in the bill providing for the issu- Finance driver who is not wearing her seat belt, ance of a permit for a new wood burning he said. Every state that has a primary facility in Minneapolis and substituting Seat belt proposal clicks forward seat belt law has seen seat belt compli- language requiring the Pollution Control The omnibus transportation policy ance steadily rise, Murphy said. “This is Agency to analyze and consider the cumu- bill, which includes a provision enacting absolute madness,” he said, that Minne- lative levels and effects of past and current a primary seat belt offense, gained the sota has resisted primary seat belt laws for pollution from all sources in an area prior approval of members of the Finance Com- so long. There are schools in my district to issuing a permit to a facility. Sen. Linda mittee, Wed., Apr. 9. The panel, chaired where teens are ridiculed by their peers for Berglin (DFL-Mpls.) said the language in by Sen. Richard Cohen (DFL-St. Paul), driving into the parking lot wearing their

7 Committee update seat belts, said Sen. Dennis Frederickson ibility for planners, he said. Sen. Claire economic disparities resulting from a cap (R-New Ulm). We need to change teens’ Robling (R-Jordan) offered an amend- and trade program, and governance op- culture and a primary seat belt law will ment clarifying the responsibility for tions for determining expenditures of cap help, he said. Noting that prom season has costs of an interchange along Hwy. 52 in and trade revenues. The bill also specifies started, Sen. Linda Higgins (DFL-Mpls.) Rochester. that any cap and trade agreement is not noted that teens regularly die or are se- S.F. 3223 was approved and re-re- effective until enacted into law by the verely injured after not wearing their seat ferred to the Taxes Committee. Legislature. The measure was advanced to belts because they did not want to wrinkle Committee members considered sev- the Rules and Administration Committee. their dresses or tuxedos. The amendment eral additional bills. S.F. 2772, sponsored S.F. 2795, sponsored by Sen. Ron Latz was not adopted. by Sen. Scott Dibble (DFL-Mpls.), creates (DFL-St. Louis Park), provides for the use Members did adopt several amend- a transit improvement area loan program of transfer on death deeds. A transfer on ments to the bill. Murphy offered an and requires loan applicants to adopt tran- death deed provides for a simpler transfer amendment deleting two provisions at sit improvement area plans. At Dibble’s of property within a family than using a the request of the Dept. of Public Safety; request, members removed appropriations trust or other devices, Latz said. He said the provisions address the liability of DPS provisions and a reporting requirement. an earlier version of the bill had a fiscal employees regarding dissemination of The bill starts conversations between lo- impact, but the bill was amended in the classified information and permit the use cal units of government and the Dept. of Health and Human Services Budget Divi- of FAA medical certificates for school bus Employment and Economic Development sion in order to remove the fiscal impact. driver examinations. Sen. James Metzen about how to build appropriate infra- The bill was approved and sent to the full (DFL-South St. Paul) offered an amend- structure around planned transit nodes, Senate. ment permitting transit on the Lafayette Dibble said. I hope that we will be able to S.F. 3683, carried by Sen. Jim Vicker- Bridge to travel at, above or below vehicle provide funds in the near future, he said. man (DFL-Tracy), is the omnibus agricul- traffic on the bridge. This offers more flex- S.F. 2607, carried by Sen. Ann Rest (DFL- ture and veterans policy bill; it includes New Hope), provides provisions heard and approved by mem- agency-specific autho- bers of the Agriculture and Veterans Bud- rizations for the use of get and Policy Division over the course future appropriations of the session. At Vickerman’s request, made in response to members adopted an amendment adding a Presidential disaster language providing for the abolition of the declaration. S.F. 651, Veterans Homes Board and the transfer of sponsored by Sen. San- its duties to the Dept. of Veterans Af- dra Pappas (DFL-St. fairs. Vickerman said the provision has Paul), phases out the traveled separately in the Senate, but was use of a toxic flame- rolled into the omnibus bill in the other retardant chemical, body. Sen. Steve Dille (R-Dassel) offered Deca-BDE. All three an amendment requiring a veterinarian’s bills were forwarded to referral before an animal can be taken to the full Senate. a chiropractor. The bill permits chiroprac- Sen. Ellen An- tors to practice on animals, but does not derson (DFL-St. Paul) require a veterinarian’s referral. Veteri- authored S.F. 2818, narians should be involved in the care of which requires the commissioners of animals to ensure that chiropractic care is commerce and pollu- appropriate in every situation, Dille said. tion control to report It is a basic right of the animal owner to to the Legislature on take the animal to get the care the owner the development and thinks it needs, said Sen. Gary Kubly implementation of a (DFL-Granite Falls). The amendment was model rule establishing adopted. The bill was approved and sent a regional cap and trade to the Rules and Administration Com- program for greenhouse mittee. gas emissions; creates a legislative advisory Budget process reforms discussed group to participate in The Finance Committee, chaired negotiating the model by Sen. Richard Cohen (DFL-St. Paul), rule; and requires stud- heard a Minnesota Milestones proposal Thurs., Apr. 10. The committee also be- Senate Sergeant Nick Thompson receives a massage in the ies of the potential rev- gan hearing a package of bills on govern- Great Hall of the Capitol from St. Paul College student enues from a cap and ment and budget reform proposed by the Rischaria Adams during a healthcare service event, Wed., trade program, poten- tial efforts to mitigate Legislative Commission on Planning and Apr. 9. Photo by A.J. Olmscheid

8 Senators Satveer Chaudhary (DFL-Fridley), left, and Ray Vandeveer (R-Forest Lake) converse in the Senate Chamber during the Mon., Apr. 7, floor session. Photo by David J. Oakes Fiscal Policy. All bills were laid on the executive branch budget drafts to be made James Showalter of the Dept. of table in anticipation of being incorporated available to the Legislature, requires that Finance said the department does not into S.F. 3363, said Cohen. Cohen said the format for submitting the budget to support the bill because a certain amount the bill authorizes legislative budget rec- the Legislature show information that of space is necessary for private discussion, ommendations and requires state agencies supports the estimated expenditures clas- regardless of who is governor. to provide information. sified by agency, requires detailed budget S.F. 3180 establishes an appeals pro- S.F. 3472, sponsored by Sen. Tarryl request information and explanations cess for agency fiscal notes. The bill also Clark (DFL-New Hope), incorporates from agencies to be compiled by Oct. 1, requires a uniform procedure for reporting Minnesota Milestones goals and indica- requires the commissioner of finance to information on fiscal note requests. Brent tors in budget preparation. These goals identify executive branch budget deci- Gustafson of the Dept. of Finance said have been established through community sion items, and requires detailed budget fiscal notes pass through multiple checks engagement, said Clark. Tom Gillaspy, estimates submitted to the Legislature to and reviews before being presented. state demographer, said the program was include the agency request in addition initiated in 1991, and while the vision to the governor’s recommendation. Any and goals have been established, this bill appropriation change requested by an Health and Human Services would create the link between the pro- agency must include information that sup- Budget Division gram and the budget. ports the requested change, under the bill. Sen. Ann Rest (DFL-St. Paul) pre- The proposal is intended to provide more Pool safety bill gains sented two bills. S.F. 2886 modifies state information earlier to facilitate budget A measure requiring public pools to budget requirements. The bill requires discussions, said Rest. be equipped with anti-entrapment systems

9 Committee update was approved by members of the Health swimming ponds are not public pools and bill, S.F. 3589, was being heard for infor- and Human Services Budget Division, are exempt from the regulations governing mational purposes only, because the bill Tues., April 8. public pools until June 30, 2011. Swim- deadlines had passed. However, she said, S.F. 2833, authored by Sen. Geoff ming ponds are similar to pools, but they the other body included the proposal in Michel (R-Edina), requires all new public are less common, Lourey said. They are its omnibus supplemental budget bill. pools that utilize suction drainage to have man-made bodies of water, with a lined, Hearing the bill will provide background at least two drains running in parallel. It sand-bottom basin and a drainage system, and let members weigh in informally as we also requires existing public pools us- he said. A swimming pond in Cloquet head toward conference committee on the ing suction drainage to either have at is the subject of discussion between the omnibus supplemental budget bill, Pappas least two drains running in parallel or an city and the Dept. of Health, he said. said. unblockable suction outlet or drain. The The amendment provides some clarity for Under the bill, students of color may bill requires pool operators to conduct and the short term and gives the parties time apply for $5,000 annual grants during keep records of daily inspections of drain to decide what they want to do in the their junior and senior years in an eligible covers and grates; if an outlet cover or long term, he said. The amendment was teacher preparation program. The bill au- grate is missing, broken, or loose, the bill adopted. thorizes four partnerships between teacher requires the pool to be closed immediately S.F. 2833 was advanced to the Fi- preparation programs and school districts. until the cover or grate has been reat- nance Committee. A partnership between Winona State tached or properly replaced. Michel said Members considered four additional University and the Rochester School Dis- the bill is a reaction to the evisceration bills. S.F. 1520, authored by Sen. Patricia trict and a partnership between St. Cloud of Abigail Taylor, a six-year-old who was Torres Ray (DFL-Mpls.), provides for State University and Robbinsdale Public severely injured by a wading pool drain the registration of naturopathic doctors. Schools are designated as two of the and later died. S.F. 3638, carried by Sen. Dick Day (R- partnerships, under the bill. The measure Members adopted an amendment, Owatonna), provides an exception to the also includes authorization for the Office at Michel’s request, making technical moratorium on new nursing home beds for of Higher Education to administer and changes to the bill. The amendment also a facility in Steele County. Both bills were promote the pilot program and to assist clarifies that pools using gravity drains are forwarded to the Finance Committee in recruiting students of color for teacher not subject to the bill’s drainage require- Two bills require employee pension preparation programs. ments; gravity drains do not pose the same costs at nursing facilities be treated as It is critically important that we safety issues as suction drainage systems, PERA costs for Medical Assistance reim- recruit and retain the best teachers, said said John Linc Stine, director of environ- bursement purposes. S.F. 2884, sponsored Sen. Patricia Torres Ray (DFL-Mpls.), mental health for the Minnesota Dept. of by Sen. Steve Dille (R-Dassel), addresses chief author. Research shows that students Health. facilities in Jackson, McLeod, Meeker of color tend to perform better when they Chair Linda Berglin (DFL-Mpls.) said and Pennington Counties; S.F. 2470, she was concerned about the proposal’s are taught by teachers of their ethnic sponsored by Sen. Kathy Sheran (DFL- cost on local units of government that group, said Stephanie Crosby, human Mankato), addresses a facility in Sibley operate public pools. Public pools oper- resources director for the Robbinsdale County. Members amended the provisions ated by private entities charge for access Public Schools. Student demographics of the latter bill into S.F. 2884. Berglin and can recover the cost of compliance, are changing, but teacher demographics noted that the division does not have she said, but parks boards operating free are not keeping up, said Romain Dalle- funds available to cover the proposal’s pools likely do not have this cost in their mand, superintendent, Rochester School cost, which emerges in the next bien- budgets. For example, Minneapolis has District. three wading pools in its park system, Ber- nium. We may not have the money right Opposition to the proposal was glin said, and it will cost them thousands now, but we need to keep these proposals centered on its funding source. The bill of dollars to comply with the proposal. A alive, in the interest of fairness, said Sen. carves out $225,000 from an existing representative of the Minneapolis Parks Sharon Erickson Ropes (DFL-Winona). appropriation for the state grant program. and Recreation Board said the board is S.F. 2884 was approved and advanced to We do not oppose the pilot program itself, getting estimates, but that the cost could the Finance Committee. but we do oppose using money from the be between $5,000 and $15,000 per wad- state grant program, said Stacia Smith of ing pool. The board does not have funds Higher Education Budget the Minnesota Chamber of Commerce. available to comply with the proposal The limited dollars in the state grant pro- until at least after the 2009 swimming and Policy Division gram enable needy students to attend the season begins, he said. Members adopted college of their choice, she said. The state an amendment, offered by Sen. Yvonne Teachers of color financial aid grant program has not been the subject of Prettner Solon (DFL-Duluth), permitting pilot program heard carve-outs in the past, Smith said. Even the commissioner of health to temporar- A proposal to create a pilot program though the amount of money in this bill ily exempt government-owned pools if providing financial aid to encourage is very small, carving out funds once will the government entity submits a plan to academically talented college students erode the hands-off policy toward the comply with the requirements within two to become teachers was considered by state grant program dollars, she said. Even years. members of the Higher Education Budget though we helped its authors craft the Sen. Tony Lourey (DFL-Kerrick) of- and Policy Division, Tues., Apr. 8. Chair bill, we oppose its use of the state grant fered an amendment providing that public Sandra Pappas (DFL-St. Paul) said the program dollars, said Susan Heegaard,

10 director of the Office of Higher Education. nity Building Zones (JOBZ) program in the non-profits is not affected. The bill The bill represents an unprecedented ero- addition to six other bills, Tues., Apr. 8. was recommended to pass. sion of the state grant program, she said. A Vadnais Lake area management Sen. Gary Kubly (DFL-Granite Falls) Heegaard said the state grant program in- organization special taxing district is es- sponsored two bills. S.F. 3160 allows coun- cludes both state dollars and dollars from tablished by S.F. 3819, sponsored by Sen. ties to develop wind community based en- the federal Pell program. This is money Sandy Rummel (DFL-White Bear Lake). ergy development projects (CBED), and directed at the neediest students, she said. Under the bill, the revenue raised by the sell the energy. Counties may also issue Heegaard said OHE is in the middle of a new levy authority replaces storm sewer tax exempt bonds and levy for purchas- comprehensive review of the state grant utility fees, and would be collected by the ing energy or ownership interests, under program. We would be happy to include county auditor. Letting the county do the the bill. The proposal keeps potential teacher preparation programs and other administrative work is more cost effective profits in the state, said Peter McLaugh- proposals in our review, she said, but each and less confusing to residents, said Rum- lin, Hennepin County commissioner. An proposal should be discussed in a larger mel. The bill was laid over. amendment was approved to remove the context. S.F. 3546, sponsored by Sen. Michael Metropolitan Council from the project. Division members also heard from Jungbauer (R-East Bethel), exempts a The bill as amended was recommended to representatives of existing teacher training peaking plant in Elk River from property pass. programs targeted at members of under- taxes. Rick Lancaster of Great River En- Kubly’s second bill, S.F. 2405, pro- represented populations. ergy said that the plants are not economi- vides a partial income tax exemption for cal without a property tax exemption. The military pension and retirement payments Taxes bill was laid on the table. up to $15,000. The bill is particularly ben- Non-profits may form limited liability eficial to personnel on lower pay grades JOBZ bill still in play corporations under H.F. 3500, sponsored and the medically retired, said Charlie The Taxes Committee, chaired by by Sen. Linda Scheid (DFL-Brooklyn Dempewolf Nicollet County Veterans Sen. Tom Bakk (DFL-Cook), heard a bill Park). An amendment approved by the Service Officer. These exemptions attract to retain and improve the Job Opportu- committee clarifies that the tax status of veterans to the state who retire from the

Senators Claire Robling (R-Jordan) and David Tomassoni (DFL-Chisholm) consult during a meeting of the Higher Education Budget and Policy Division, Tues., Apr. 8. Photo by David J. Oakes

11 Committee update military at about age 40, and are ready to 9, to hear an update from the firm hired to Information Services rejoin the workforce, buy a house, and re- conduct the investigation into the I-35W The Senate Information Office and establish their families, said Roberta Wa- bridge collapse. Lieder said at the outset, the Office of the Secretary of the Senate sierski, Renville County veterans service “This is not an investigation into why the are located in Room 231 of the Capitol. officer. The bill was laid on the table. bridge collapsed, but what we can do to These offices distribute all public printed Sen. Julie Rosen (R-Fairmont) increase safety.” materials and handle inquiries about Sen- presented a bill establishing stricter Representatives from the firm, Gray ate committee meetings, Senate districts, guidelines for participation in the JOBZ Plant Mooty, outlined the procedures they Senate telephone numbers, bill reference program. Among many changes, the bill were following and the status of the inves- numbers and status and bill sponsorship. extends benefits for ten years from signing tigation. Robert Stein, former dean of the Interested citizens may also request copies an agreement, requires a standard business University of Minnesota Law School and of bills. subsidy agreement that must be approved former executive director and COO of the If you want to know the name of your by the Department of Employment and American Bar Association, said the inves- Senator or have any other questions about Economic Development (DEED) and tigative team has received and reviewed the Minnesota Senate, call 651-296-0504 requires consideration of the impact on 16,000 documents from the Dept. of local competitors, job creation and other Transportation (MnDOT), the legislative (tty 651-296-0250). available financial assistance. The bill also auditor and outside consultants. He said The Senate Information Office sets standards for eligibility and responses the team is expecting further documents also has toll-free telephone numbers to for businesses that are out of compliance. from the department, including e-mails enable citizens of Greater Minnesota The bill was amended to remove an angel and memos. He said the documents are to obtain general information about investment tax credit for the Strategic placed in a database for ease in retrieval the Minnesota Senate. The telephone Entrepreneurial Economic Development and cross referencing. “Early in the inves- numbers are: 1-888-234-1112 (voice) and program. Numerous testifiers said the tigation we established a tip-line in order 1-888-234-1216 (tty). Staff members are JOBZ program was an important tool in to receive information,” Stein said. He available to answer questions about the attracting business projects around the said the team has conducted 18 interviews Senate and the legislative process. state. John Yunker of the Legislative Au- with 12 more scheduled. In addition, the For daily recorded updates on com- ditor’s Office said the bill addressed many firm has interviewed 15 non-MnDOT mittee meetings, call the Senate Hotline of the issues raised by an audit, but did not individuals and has 15 more scheduled. at 651-296-8088. establish a cap on the program or address The interviews, he said, were with former the low investment by local governments. governors and commissioners who served Capitol Report: on air, online The committee laid the bill on the table. during the life of the bridge. Sen. Ellen Anderson (DFL-St. Paul) Explore current policy issues and Stein said the investigation seeks to hear lawmakers discuss current legislative presented two related bills that she said identify the policies, practices, procedures would bring more green business to the proposals by watching “Capitol Report,” a and decision making processes in the state. S.F. 3741 creates a green business weekly public affairs program produced by department to reduce the possibility of tax incentive program, administered by Senate Media Services. The program in- another event. He said the investigation DEED. Anderson said the program was cludes interviews with Legislators, agency has been closely following the National similar to JOBZ benefits. In order to heads and prominent policy experts. It Transportation Safety Board’s investiga- qualify, businesses must increase use of also features historical and informational tion and the legislative auditor’s work on biofuels and renewable energy, increase features about the Senate, the Capitol and energy efficiency, reduce greenhouse gas the bridge collapse. He said the report will Minnesota. emissions, and/or positively affect the be an independent and in-depth analysis “Capitol Report” airs weekly on quality of groundwater. over the lifetime of the bridge. We hope public television affiliates on cable access S.F. 3155 establishes a 10 percent cor- to help you decide if there are other cor- channels across Greater Minnesota. It is rective actions you can take to increase porate franchise tax research and develop- also available online, with archives going the safety of Minnesota bridges, Stein ment credit for environmental research back to 2000: http://www.senate.mn/ said. “We are looking at whether there expenses. Qualifying research would meet media the same goals as the businesses targeted was responsible and appropriate follow up in S.F. 3741. The bills were laid on the to outside recommendations and we are table. looking at how information flows through MyBills system available the department, particularly from outside The MyBills personalized bill tracking consultants,” he said. system is now available. Users can add Joint Bridge Collapse Committee members asked a series of House and Senate bills to their lists by Investigative Committee questions focusing on the tight timeline bill number, subject, or author, and view for the investigation. Members asked the legislative status of their bills, with Bridge investigation discussed that the report include issues that were items with significant current floor action The Joint Bridge Collapse Investiga- not investigated further because of time highlighted. Users can modify their lists at tive Committee, chaired by Rep. Bernard constraints. Murphy also requested that any time. The MyBills system is available Lieder (DFL-Crookston) and Sen. Steve the team report on those policies and from the Legislative website at: http:// Murphy (DFL-Red Wing), met Wed., Apr. procedures that are done right. www.house.mn/leg/billsublogin.asp

12 Senate Briefly

Page 2 Highlights

Page 5 Floor update

Page 7 Committee update

Miziway DesJarlait, Red Lake, participates in traditional drum- ming in front of the Capitol, Mon., Apr. 14, as part of Ameri- can Indian Future Leaders Day at the Capitol. Photo by A.J. Olmscheid

April 18, 2008 Senate Highlights Bill reconciliations begin A fiscal note indicated an annual net sored by Sen. Scott Dibble (DFL-Mpls.), Conference committees and work- cost of $19,000. The bill increases the creates a program for state and local gov- ing groups took center stage this week as number of pools needing to be inspected, ernment energy conservation investments. Legislators worked to iron out differences which increases costs at the department, Dibble said the measure was amended to in House and Senate versions of a vari- said John Linc Stine, Dept. of Health. include bills making technical changes in ety of bills. Much of the action involved He said the bill partially offsets the costs public housing energy provisions and a bill reviewing side by side comparisons of the through additional licensing revenue. providing for a microenergy loan program. major components of the omnibus budget Licensing fees for pools may be adjusted Sen. Julie Rosen (R-Fairmont) is the chief bill, H.F. 1812. The side by side compari- next year as part of a broader review of fees author of the latter bill. sons of the bill’s provisions may be found in the budgeting process, he said. S.F. 3058, carried by Sen. Ann Rest at: https://www.revisor.leg.state.mn.us/bin/ In addition to the anti-entrapment (DFL-New Hope), implements the urban sbs.php device and daily inspection requirements, partnership agreement grant the state won the bill requires pools using suction drain- last year. The grant of $133.3 million from Swimming pool safety, presiden- age systems to have two drains operating the federal government must be used to tial primary proposals okayed in parallel. Sen. Ellen Anderson (DFL- reduce congestion in the Twin Cities, Rest Measures increasing swimming pool St. Paul) said she was concerned about a said. She said the state is required to pro- safety and creating a presidential primary provision delaying implementation of the vide a local match of $55.2 million. The system were among the bills approved by parallel drainage requirement for publicly- funds will be used to reduce congestion on members of the Finance Committee, Fri., owned pools. The provision was added I-35W between downtown Minneapolis Apr. 18. The panel advanced the proposals to acknowledge that some communities and the southern suburbs. Rest also spon- to the full Senate. do not have the funds available to install sored a bill, S.F. 3192, providing a process S.F. 2833, sponsored by Sen. Geoff a second drain, at a cost of thousands of in which adoptees, who were adopted prior Michel (R-Edina), requires public pools to dollars, said Sen. Linda Berglin (DFL- to 1977, may have access to birth record be equipped with anti-entrapment devices Mpls.). If neither the state nor the local information. Currently, for adoptions and to be inspected daily by their owners units of government that own the pools occurring before Aug. 1, 1977, adoptees or operators. The bill is motivated by what can afford to pay for the additional drain, do not have access to birth record infor- happened to Abigail Taylor, a six-year- then the pool should be closed, said Scott mation without the consent of the birth old who was severely injured by a wading Taylor, Abigail’s father. There is no excuse parent. In addition, current law specifies pool drain and later died, Michel said. We for cutting corners, he said. Anderson said that for adoptions occurring after 1977, know a lot more about pool safety than we she would support moving the bill forward adoptees over the age of 19 have access to did a year ago, before Abigail’s incident, as it was, but would work to find funds to the information unless the birth parent has he said. Michel said the bill provides for assist local units of government. We may filed an affidavit specifying the informa- phasing in the requirements so that wad- be able to find money in the parks budget, tion may not be disclosed. Rest said the ing pools used by very young children are she said. bill eliminates the difference and provides addressed first. I wish we had the foresight The bill establishing a presidential that in all cases adoptees have access to to do this several years ago, said Commit- primary, S.F. 1527, was sponsored by Sen. birth record information, unless there is a tee Chair Richard Cohen (DFL-St. Paul). Dan Larson (DFL-Bloomington). Larson nondisclosure affidavit on file. said the bill was introduced last year in S.F. 2651, carried by Sen. Tom Senate Briefly is a publication of hopes of establishing a primary for the Saxhaug (DFL-Grand Rapids), creates a the Minnesota Senate Publications 2008 election. However, he said the bill forests for the future program, provides for Office. During the regular Legislative takes effect in time for the 2012 election. expedited exchanges of public land and Session, it is produced weekly. The Larson said this year’s presidential race has modifies the sustainable forest incentive generated unprecedented interest and hav- program. Saxhaug said the bill addresses publication is a service of the Minne- one of the biggest threats to Minnesota sota Senate. It can be made available ing a presidential primary would increase participation in the election process. Un- forests—that of fragmentation. Members in alternative formats. der the bill, the primary is to be held on adopted an amendment relating to the the same date as precinct caucuses. Larson unallotment of funds in the forest man- Editor/Writer: said the measure also allows for the date agement investment account. Saxhaug Karen L. Clark to be held on the same day as a regional said the amendment helps stabilize the primary, should one be established. account. Assistant Editor/Writer: Sen. Linda Berglin (DFL-Mpls.) said, S.F. 3189, carried by Sen. Ron Latz Joshua A. Dorothy “There are many who argue that the selec- (DFL-St. Louis Park), imposes a $30 tion of candidates is not a core function reinstatement fee following revocation of a juvenile’s license after a controlled Writer: of government, but rather one of political substance offense. Danielle Cabot parties.” Larson said that it is a political party process, but that having a primary allows the state to wield more influence in Photographers: Surrogacy bill gains the selection of candidates. A measure providing a framework for David J. Oakes The panel advanced several addition- surrogacy arrangements was a central focus A.J. Olmscheid al bills to the full Senate. S.F. 3096, spon- of the Wed., Apr. 16, Senate floor session.

2 The bill was granted preliminary passage on General Orders. S.F. 2965, authored by Sen. Linda Higgins (DFL-Mpls.), amends the existing artificial insemination statute to include surrogacy arrangements. About 160,000 Minnesota couples are infertile, Higgins said, and cannot conceive without medical treatment. “Infertility does not discrimi- nate,” she said, but affects Minnesotans of all demographic categories. The bill does not create, legalize or authorize a medical process that is not already occurring, she said. Higgins noted that the Legislature enacted the artificial insemination statute in 1982 to address male infertility and establish parentage without complicated and expensive judicial proceedings. At the time, there was no available medical help for female infertility, she said. Now, female infertility can be medically addressed, but the law requires the biological parents to undergo a long, expensive series of court hearings to establish their parentage, Hig- gins said. The bill makes the state’s laws Former Senators and current District Judges David Knutson, left, and David Ten governing third-party reproduction gender Eyck appear before the budget reconciliation conference committee, Tues., Apr. 15, neutral, she said. Currently, the surrogacy to discuss their concerns with funding for Minnesota’s court system. process is totally unregulated, she said, but Photo by David J. Oakes the bill offers protection to parties using items in the bill that are fraught with and communicating the student’s reading surrogacy. uncertainties or troubling to members, progress and needs. In addition, the mea- Some things are better off left unregu- he said. Minnesota is not quite ready for sure establishes a P-20 education partner- lated, said Sen. Chris Gerlach (R-Apple this proposal, Senjem said, even though ship to create a seamless system of educa- Valley). He said the bill opens up a can of the intentions of the bill’s proponents are tion that maximizes the achievements of worms about many ethical issues. There good. Sen. Ray Vandeveer (R-Forest Lake) all students, while promoting the efficient are a lot of variables that go unaddressed said the bill relates to contracts and should use of financial and human resources. A in this bill, he said. Gerlach offered an be heard and refined in the Commerce technology initiative is also included in amendment providing that a term in the and Consumer Protection Committee. He the bill to identify for school districts the surrogacy contract requiring the surrogate moved to re-refer the bill to the commit- robust technology tools and systems that to terminate the pregnancy is void and tee; the motion failed, 23-42. improve the educational achievement unenforceable. The parents should not be The bill was granted preliminary pas- of all Minnesota students. Wiger offered able to force the surrogate mother to have sage, 42-25. an amendment requiring school atten- an abortion if they are unsatisfied with the Members granted preliminary passage dance until the age of 18. Opponents said fetus for any reason, Gerlach said. Higgins to several additional bills on General Or- requiring students to stay in school when said the amendment is unnecessary and ders. S.F. 3001, authored by Sen. Charles they did not want to was disruptive for redundant because a woman cannot be Wiger (DFL-Maplewood), the omnibus other students. Proponents said increas- forced to have an abortion. The amend- education policy bill, was also approved. ing drop-out rates are harmful not only to ment was not adopted, 29-35. Wiger said much of the bill was sug- the students, but to society at large. The This bill is silent on many issues and gested by the Dept. of Education and the amendment was adopted. missing important provisions, said Sen. remainder of the bill is comprised of bills Hann offered an amendment delet- David Hann (R-Eden Prairie). The bill authored by other members of the Senate. ing a provision prohibiting school districts does not explicitly require that the parents The measure designates ice hockey as the from denying a student’s participation in be unable to conceive without medical state sport, provides that physical educa- recess as a form of discipline. Hann said help, it is not limited to married couples tion is a required standard, provides for the the provision hinders school boards from and it does not require the parents to sharing of education data and provides for making decisions in their own districts. submit to a background check, Hann said. responsible family life and sexuality educa- Sen. Ellen Anderson (DFL-St. Paul) Higgins noted that prospective parents tion programs. argued against the amendment and said who conceive naturally are not required to The bill also requires comprehensive, it is necessary for elementary school-age undergo a background check. Sometimes, scientifically based reading instruction to children to have an opportunity every day bills just are not ready, said Sen. David include and integrate instructional strate- to be physically active. The amendment Senjem (R-Rochester). There are many gies for continuously assessing, evaluating was adopted on a 45-18 roll call vote.

3 Senate Highlights Hann also offered an amendment provid- said the other body amended the bill to ing that the requirement that the school provide that consumers who request a districts must start the school year after freeze by mail may pay the associated fees Labor Day be set aside for the 2009-10 by check, money order, or credit card, and school year. Hann said in 2009, Labor Day consumers who request a freeze by tele- falls on Sept. 7 and the amendment allows phone or other electronic media may pay districts to have discretion in setting the by credit card. S.F. 1918, carried by Sen. school calendar. The amendment failed on Yvonne Prettner Solon (DFL-Duluth), a 31-35 roll call vote. creates an Ultra High-Speed Broadband Sen. Dan Skogen (DFL-Hewitt) of- Task Force. Prettner Solon said the other fered an amendment deleting provisions body made minimal and technical amend- relating to sex education. Skogen said for ments. many districts there is a cultural under- S.F. 2667, sponsored by Sen. Linda standing between the parents and the Berglin (DFL-Mpls.), extends the morato- district about a level of sex education that rium on construction of radiation therapy is acceptable to the parents. Sen. Sandra facilities. As the bill was originally passed Pappas (DFL-St. Paul) said sex education by the Senate, the moratorium was made is already required, but that comprehen- permanent. Berglin said the other body sive family life and sexuality education is amended the bill so that the moratorium not provided in all districts. Pappas said Lynn Rubenstein Nicholson, Minneapo- will expire in 2011. She said the expira- the measure allows for a lot of district lis, explains to members of the press on tion date was suggested by the governor. control and allows parents to opt out. Sen. Mon., Apr. 14 how the use of marijuana S.F. 2765, carried by Sparks, prohibits Michael Jungbauer (R-East Bethel) spoke is the only remedy for the chronic pain health care providers from making direct in support of the amendment and said the she suffers as the result of a back injury. contact with anyone injured in an auto language in the bill replaces existing law Marijuana Policy Project Director of accident for the purpose of influencing with a more controversial ideology. The State Campaigns Neal Levine, left, held the injured person to receive treatment. amendment failed on a 28-37 roll call the press conference to announce a new Sparks said the other body made minor vote. TV ad campaign featuring seriously ill changes to allow first responders to con- Sen. Kathy Saltzman (DFL-Wood- patients speaking in support of legalizing tinue their normal activities. bury) sponsored an amendment requiring the medical use of marijuana. S.F. 2915, authored by Sen. Mee preliminary data from the trends in inter- Photo by A.J. Olmscheid Moua (DFL-St. Paul), modifies civil and national mathematics and science study be criminal penalties for predatory lending. released to SciMathMN. The amendment for a transfer on death deed. S.F. 3170, As the bill left the Senate, the cap on was adopted. Sen. Claire Robling (R- sponsored by Sen. Patricia Torres Ray punitive damages was raised to $25,000 Jordan) sponsored an amendment allowing (DFL-Mpls.), makes primarily technical for everyone except local units of govern- integration revenue to be used in direct changes in Minnesota family investment ment. Moua said the other body believed assistance to students after submitting a program work participation and child care plan to close or narrow the achievement assistance provisions. Sen. Betsy Wergin it was important to have a uniform cap, gap. Sen. LeRoy Stumpf (DFL-Plummer) (DFL-Mpls.) moved to delete a portion of regardless of the defending party, and so said the amendment is a good first step. the bill requiring a child care provider to applied the higher $25,000 cap to local The amendment was adopted. place an infant on the infant’s back unless units of government as well. Sen. Rick An amendment, sponsored by Sen. the provider has documentation from the Olseen (DFL-Harris) sponsored S.F. 3082, Yvonne Prettner Solon (DFL-Duluth), infant’s doctor directing an alternative which related to impounded vehicles, requiring schools to provide information sleeping position for the infant. Wergin vehicle forfeitures, and vehicle brand- about meningococcal meningitis and the said language is too intrusive on the part ing. Olseen said the other body reduced human papillomavirus and the vaccines of government. Torres Ray countered that the bill to only addressing the branding a for the two diseases to parents, was also the standard is set in federal law and is vehicle as totaled when it is more than six adopted. Sen. Gary Kubly (DFL-Granite meant to provide protection to child care years old. Falls) authored an amendment exempt- providers. The amendment failed and the Senators also granted final passage ing Lakeview School District from bill was approved. H.F. 2896, carried by to two bills on the Calendar. S.F. 3698, consequences of not making adequate Sen. Dan Larson (DFL-Bloomington), authored by Sen. John Doll (DFL-Burns- yearly progress in statewide tests. Kubly removes requirement that a city hold a ville), allows utilities to make conserva- explained that the district is the location referendum before building, equipping or tion improvement expenditures for solar for a school bus accident in which four stu- maintaining a memorial for war veterans. energy projects. H.F. 3500, sponsored by dents died and that many students are still In other action, the Senate concurred Sen. Linda Scheid (DFL-Brooklyn Park), having difficulties because of the crash. in amendments made by the other body makes technical amendments to the The amendment was adopted. to six bills and repassed the measures. S.F. Business Corporations Act, the Limited The measure was granted preliminary 1578, authored by Sen. Dan Sparks (DFL- Liability Company Act, and the Uniform passage on a voice vote. Austin), permits consumers to pay fees Limited Partnership Act of 2001. The S.F. 2795, authored by Sen. Ron related to freezing their credit records by measure also authorizes the formation of Latz (DFL-St. Louis Park), provides non-credit card payment methods. Sparks nonprofit limited liability companies.

4 Floor update Monday, April 14 retain proceeds from the condemnation the conference committee for H.F. 3516, of park lands necessary for the reconstruc- modifying foreclosure data practices. Good faith bill passed tion and expansion of I-35W. The bill The Senate held a floor session, passed, 52-10. Thursday, April 17 Mon., Apr. 14, to pass an insurance S.F. 2967, sponsored by Sen. Linda standard of conduct conference commit- Higgins (DFL-Mpls.), authorizes Minne- Agriculture policy bill approved tee report, S.F. 2822. In other business, apolis to adopt standards for dedication of Senators approved the higher edu- three bills were passed on general orders, land to the public and to require a dedica- cation policy bill, the agriculture and and nine bills received final passage. Two tion fee on new commercial and industrial veterans policy bill and a ban on certain conference committees were appointed. property. The bill was passed 51-11. products containing a fire retardant A motion to accept changes made S.F. 2204, sponsored by Sen. Linda chemical during floor session, Thurs., Apr. by the other body and to place S.F. 2402 Scheid (DFL-Brooklyn Park), authorizes 17. A series of additional bills on General on re-passage as amended was approved. multiple sets of physically handicapped Orders were also recommended to pass. The bill, sponsored by Sen. Ann Rest plates for qualifying individuals. The bill The body first heard messages from (DL- New Hope), modifies the Board of was passed, 63-0. the other body, and passed two bills after Accountancy and was passed 61-0. H.F. 3357, modifying provisions for adopting House language. The body then suspended the rules municipal boundary adjustments, passed Sen. Mee Moua (DFL-St. Paul) in order to replace the health care reform 63-0. The bill is sponsored by Sen. Rick made a motion to concur to changes proposal, HF. 3391, with the Senate lan- Olseen (DFL-Harris). by the other body to S.F. 2642. The bill guage, S.F. 3099, sponsored by Sen. Linda S.F 3441, limiting testimony of do- modifies data practices for the Safe at Home program. Changes to the senate Berglin (DFL- Mpls.). The bill was given mestic abuse advocates without consent of final passage, 40-22. language clarify access to information for victims, passed 62-0. The bill is sponsored law enforcement, and establish reporting Two bills on General Orders were by Sen. Mee Moua (DFL-St. Paul). recommended to pass. requirements. The bill was passed 59-0. S.F. 3780 allows optometrists to S.F. 3263, sponsored by Sen. Yvonne S.F. 3698, sponsored by Sen. John dispense certain legend drugs. The bill, Prettner Solon (DFL-Duluth) allows for Doll (DFL-Burnsville), allows solar energy sponsored by Sen. Tony Lourey (DFL- medical records to be stored by electronic projects to qualify for conservation im- Herrick), was passed 63-0. image. The other body added additional provement programs. The body approved Lourey, Olseen, and Sen. Betsy language allowing a firefighter’ remains an amendment to allow for more flex- Wergin (R-Princeton) were appointed to to be carried to a cemetery by fire truck, a ibility. the conference committee for H.F. 3662, privilege inadvertently deleted last year. H.F. 3500, sponsored by Sen. Linda requiring a public hearing before appoint- The bill was passed 58-2. Scheid (DFL-Brooklyn Park), allows non- ments to a county board. On the Senate Consent Calendar, a profits to become limited liability entities. Rest, Higgins and Sen. Chris Ger- miscellaneous education policy bill, S.F. The bill also makes technical changes to lach (R-Apple Valley) were appointed to 3001, was passed 47-17. the Business Corporations Act. The body then adopted the confer- ence committee report on S.F. 2822, the “good faith” insurance bill, sponsored by Sen. Tarryl Clark (DFL-St. Cloud). The report, which clarifies language and modi- fies caps, is a solid compromise, said Clark. Final passage was granted 47-15. Senators granted final passage to nine other bills. H.F. 3477, sponsored by Sen. John Marty (DFL-Roseville) modifies manufac- tured home lending practices and default regulation procedures. The bill passed 61-1. S.F. 3069, sponsored by Sen. Geoff Michel (R-Edina), allows issuance of U.S. Women’s Open license plates. The bill passed 59-1. S.F. 2988, related to transporting students, licensure and inspections passed 61-0. The bill is sponsored by Sen. Rick Olseen (DFL-Harris). S.F. 3331, sponsored by Sen. Scott Dibble (DFL-Mpls.), authorizes the Min- Senators Chris Gerlach (R-Apple Valley) and Ann Rest (DFL-New Hope) look over neapolis Park and Recreation Board to the fine points of a bill during the Senate’s Mon., Apr. 14, floor session. Photo by David J. Oakes

5 Floor update The body recommended to pass S.F. An amendment by Sen. Rod Skoe Tomassoni offered an amendment 651, sponsored by Sen. Sandra Pappas (DFL-Clearbrook) amends bovine TB that draws the funds from the workers (DFL-St. Paul). S.F. 651 bans the sale of containment measures included in compensation assigned risk fund rather exterior casings of TVs, computers and the bill to include goats, and requires than the workers compensation special computer monitors; furniture upholstery a whole-herd TB test on each herd of fund. The governor said drawing from and indoor textiles; and mattresses and cattle, bison, goats, or farmed cervidae the special fund may increase premi- mattress pads containing decabromo- within the designated zones. ums, said Tomassoni. diphenyl ether by 2012. Infants have The bill, as amended, was recom- Sen. Julie Rosen (R-Fairmont) said high intake of the chemical, which is mended to pass on a voice vote. we should inspect existing informa- a widespread pollutant shown to cause Four other bills were recommended tion before spending new money, and developmental defects in lab animals, to pass on General Orders. focus new spending on helping victims said Pappas. S.F. 2904, sponsored by Rest, estab- left behind. Rosen said there is already plenty of information about the disease Senators adopted an amendment lishes a framework for swifter emer- and prevention. offered by Sen. David Tomassoni (DFL- gency response in the case of a natural S.F. 2942, sponsored by Pappas, is Chisholm) that requires the Minnesota disaster that has been declared a federal the omnibus higher education policy Pollution Control Agency, Department emergency. bill, which had already been debated of Health, Department of Commerce, S.F. 3300, sponsored by Tomassoni, on the floor. The body adopted an and state fire officials to ensure safe and establishes a University of Minnesota amendment by Sen. Ann Lynch (DFL- economically equivalent alternatives worker’s lung health study. The bill Rochester) establishing criteria for oral are available before the ban goes into addresses 58 reported deaths due to me- health practitioners to practice if they effect. sothelioma in former mine workers, ex- serve low-income, uninsured, and un- Sen. Jim Vickerman (DFL-Tracy) plained Tomassoni. The study will cost derserved patients or in a dental health explained the omnibus agriculture and $4.9 million, in addition to a $250,000 professional shortage area. Lynch said veterans policy bill, S.F. 3683. The contribution by the Iron Range Re- the language is an agreement between agriculture provisions include language sources and Rehabilitation Board. stakeholders. to increase the minimum amount of biodiesel in diesel fuels, establish a livestock investment grant program, unlikely most of the recently introduced contain bovine tuberculosis (TB) and Bill record broken S.F. 3836 shattered the record for legislation will be acted on this year. license animal chiropractors. bills introduced in a modern Senate with Another bill introduction record, The veterans article includes lan- a two-year Legislative Session. According however, still stands. The record for guage to create a Veterans Health Care to records compiled by Third Assistant introductions in the first year of a two- Advisory Council, authorize place- Secretary of the Senate Mike Linn, the year session was set in 1973, the first year ment of a plaque honoring Minnesota previous record for bills introduced in a of biennial sessions. There were 2,528 veterans in the court of honor on the two-year session was 3,835, set in 2000. bills introduced in 1973; the Senate ap- Capitol grounds, and authorize issuance That year was also the longest Regular proached the record in 2001, with 2,407 of special veteran motorcycle plates. Session on record; it adjourned on the bills, and in 2007, with 2,363 bills. Sen. Ann Rest (DFL-New Hope) 118th Legislative Day. This year, S.F. 3836 offered the language of S.F. 2500 as an was introduced, Wed., Apr. 16, the 103rd amendment. The language, which has Legislative Day. The bill, authored by Sen. Bills Introduced in a Biennial Session passed independently in the Senate, Tom Saxhaug (DFL-Grand Rapids), cre- Year Bills Legislative Days authorizes a new track in Columbus ates an outdoor heritage fund to receive a 1974 3,585 116 1976 2,594 107 Township to enter into an agreement portion of the new sales tax revenue to be dedicated to natural and cultural resources 1978 2,410 99 with a Canterbury Park affiliated 1980 2,439 98 horsepersons’ organization to share under a proposed constitutional amend- 1982 2,237 91 ment. The bill provides for a committee purse set-aside and breeders fund 1984 2,222 84 of Legislators and citizens to recommend 1986 2,322 91 revenues and to simulcast all breeds of appropriations from the fund for projects 1988 2,584 93 horses that are simulcast at Canterbury. relating to habitat, forest defragmentation, 1990 2,642 96 The amendment was adopted. and conservation partners. 1992 2,803 100 The body accepted an amendment As of Fri., Apr. 18, 3,842 bills have 1994 2,934 106 by Sen. Steve Dille (R-Dassel) requir- 1996 2,892 113 been introduced. With 31 calendar days 1998 3,425 109 ing consulting with the state Board of until the constitutional deadline for 2000 3,835 118 Veterinary Medicine in preparing pro- adjournment, May 19, and 16 Legislative 2002 3,482 116 posed rules on animal chiropractic care. Days remaining for use, the record could 2004 3,073 110 The language is an agreement between climb higher. However, because the dead- 2006 3,822 112 chiropractors and veterinary profes- lines for committee action on bills have 2008 (to date) 3,842 104 sional associations, said Dille. passed, it is generally considered highly Source: Office of the Secretary of the Senate

6 Committee update Environment and Natural by Sen. Ellen Anderson (DFL-St. Paul), lion walleye fry in Leech Lake in 2009 continued hearing testimony and review- and 2010. The initiative is funded by a Resources ing amendments on the environment $35,000 appropriation from the game and policy omnibus bill, Tues., Apr. 15. The fish fund. Olson said Leech Lake’s dam- Low-carbon hearing held bill, sponsored by Sen. Satveer Chaudhary aged walleye population is affecting busi- Members of the Environment and (DFL-Fridley), was amended, approved, nesses, and the biology behind the decline Natural Resources Committee and and re-referred to the Committee on is in dispute. Commissioner Mark Holsten the Environment, Energy and Natural Finance. said the DNR needs to not stock the lake Resources Budget Division held a joint The following amendments were for a year to assess where the walleye meeting with five panels from the other adopted. population stands, and if the additional fry body, Tues., Apr. 15. The two Senate The committee began with discus- are not available, the bill would take fry panels—chaired by Sen. Satveer Chaud- sion on an amendment addressing ballast from other lakes scheduled to be stocked. hary (DFL-Fridley) and Sen. Ellen Ander- water and invasive species. Sen. Ann Sen. Thomas Bakk (DFL-Cook) of- son (DFL-St. Paul), respectively—and the Rest (DFL-New Hope) said the MPCA is fered an amendment that removed “Leech other panels gathered for an informational neutral on the provision and there was no Lake” from the amendment, directing the hearing on a low-carbon fuel standard. fiscal impact. DNR to stock an additional 25 million fry Chaudhary offered an amendment to without identifying a specific lake. Bakk Environment, Energy and a construction debris proposal. Gypsum said his amendment avoids establishing is required to be mixed with dirt at a 1:1 precedent for the Legislature to direct spe- Natural Resources Budget ratio by the amendment. The language cific stocking efforts of the agency. Bakk’s Division creates “peace in the valley,” said Chaud- language was adopted. hary. Chaudhary moved to remove lan- Policy bill advances The committee then took up an guage banning the use of lead shot in The Environment, Energy and Natu- amendment offered by Sen. Mary Olson public upland game hunting lands and to ral Resources Budget Division, chaired (DFL-Bemidji) to stock up to 25 mil- direct the DNR to study the issue. Chaud-

Senators Steve Dille (R-Dassel) and Sharon Erickson Ropes (DFL-Winona) converse in the Senate Chamber during the Senate’s Wed., Apr. 16, floor session. Photo by David J. Oakes

7 Committee update

Sen. Kathy Saltzman (DFL-Woodbury) reads “Tacky the Sen. Warren Limmer (R-Maple Grove) greets students from Peguin” to East St. Paul’s New Horizon Academy pre-schoolers St. John’s Lutheran School, Corcoran, following their tour of in the Capitol Rotunda as part of the annual Early Childhood the Capitol, Tues., Apr. 15. Photo by David J. Oakes Read-a-thon, Wed., Apr. 16. Photo by A.J. Olmscheid hary said there isn’t enough information gives the DNR the authority to change a less expensive license with a reduced or time. Anderson said she was disap- their rules to four, and the DNR supports limit. The committee considered the pointed by the amendment, which passed, the limit, as do anglers across the state. potential reduced revenue for the game and moved to include the effects on envi- It’s a mistake to exempt the DNR from and fish fund, but adopted the amendment ronmental and human health in the study. following their rulemaking procedures, with the intention to further refine the Anderson’s amendment was adopted. said Bakk. language. Anderson offered an amendment to Sen. Pat Pariseau (R-Farmington) Chaudhary offered clarifying language allow for recycling of organic waste. Susan offered to remove a non-resident license for a section related to design guidance. Hubbard of Eureka Recycling said many provision for dark house spearing from the The amendment limits those licensed by cities are venturing into pilot projects to bill. Chaudhary said the associations want the MPCA to designs approved by the MPCA. compost this waste, but the technical defi- to study reciprocity issues. nition of these products requires variances Sen. Patricia Torres Ray (DFL-Mpls.) to be granted on an individual basis. offered an amendment to change language Disposal remediation costs heard Sen. Tom Saxhaug (DFL-Grand regarding a biofuel burner in Minneapolis Members of the Environment, Energy Rapids) offered language that excludes to ensure it is the only project affected by and Natural Resources Budget Division political subdivisions from notification permit limitations. met Thurs., Apr. 17, for an informational procedures related to leaking oil or gas Bakk offered amendments refining a hearing on the potential remediation costs of proposed waste disposal sites. The containers. States already have notifi- definition related to leaking underground panel, chaired by Sen. Ellen Anderson cation procedures in place, explained gasoline tanks, modifying a dock access (DFL-St. Paul), also heard an update from Anderson. variance, exempting temporary ice shel- the MPCA and others on remediation ac- Saxhaug also offered an amendment ters from proposed licensing requirements, tivities related to groundwater contamina- to remove a provision reducing walleye and requiring the DNR to provide iden- tion in the eastern Metro Area. Members limits from six to four. Saxhaug said that tification numbers along with licensing were gathering background information the DNR has not established a good bio- stickers for snowmobile registration. to assist in negotiations with the other logical reason to reduce the limit, and it Bakk also offered language to es- body, which included a provision on siting should be up to their rulemaking process. tablish a conservation fishing license in landfills in its omnibus budget reconcilia- Chaudhary said that the language only Minnesota. The proposal would offer tion measure.

8 Finance Sen. Patricia Torres Ray (DFL-Mpls.) requires state agencies to provide informa- authored a bill, S.F. 3170, modifying the tion as requested by the commission. S.F. Four bills gain MFIP work participation program, chang- 3307 requires the governor’s budget to in- Members of the Finance Committee ing MFIP child care assistance provisions clude expenditure and revenue history for met Mon., Apr. 14, to consider four bills and making technical changes. S.F. 3366, the three most recent fiscal years, requires on a range of topics. The panel, led by carried by Sen. Linda Berglin (DFL- state agency budget requests be included Sen. Sandra Pappas (DFL-St. Paul) in the Mpls.), modifies the phase-in of rebased in the detailed budget estimates submitted absence of Chair Richard Cohen (DFL- nursing facility operating cost payment as part of the governor’s budget recom- St. Paul), advanced the bills to the full rates. Berglin said the proposal is budget- mendation, and requires that, whenever Senate. neutral. a forecast shows a surplus, the surplus be H.F. 3420, carried by Sen. Mee Moua transferred to the budget reserve. (DFL-St. Paul), clarifies the way common Sen. Ann Rest (DFL-New Hope) interest community documents related to Budget reform bills heard presented several other bills dealing with Torrens real estate are treated when they The Finance Committee met Tues., fiscal policy. S.F. 3398 requires state agen- are filed with the county registrar of titles. Apr. 15, to consider several bills making cies with information or telecommunica- S.F. 3001, sponsored by Sen. Charles changes in the way the state budget is de- tion technology projects costing more Wiger (DFL-Maplewood), is the omnibus veloped and presented to the Legislature. than $1 million to register the project education policy bill. The bill was stripped The measures also include modifications with the Office of Enterprise Technology. of all provisions with any fiscal impact in in the development of fiscal policy. Under the bill, a project costing more the committee’s budget divisions, Wiger Committee Chair Richard Cohen than $5 million must be monitored by the said. What remains of the bill is about 50 (DFL-St. Paul) briefly explained three chief information officer and projects cost- purely policy provisions, he said. About measures. S.F. 3128 requires the inclusion ing more than $10 million must have an half the provisions are department initia- of inflation in the state budget revenue annual independent audit. The measure tives, many of which are noncontroversial forecast. S.F. 3363 authorizes the Legisla- also requires a report to the Legislature on and technical in nature, he said. Wiger tive Commission on Planning and Fiscal the assistance provided to state agencies said the remaining provisions are propos- Policy or appropriate committees of the in planning and managing information als from various Senators on a wide range House of Representatives or Senate, to systems. Rest said the bill is aimed at pro- of education topics. develop budget recommendations and viding a clearer picture of the technology systems in the state. Rest also explained language from S.F. 3494 that is to be included in the overall budget reform package. The measure, originally sponsored by Sen. John Doll (DFL-Burnsville), provides additional whistle blower protections. The panel also considered language from a bill, S.F. 2767, authored by Sen. Kathy Sheran (DFL- Mankato), expanding the list of those authorized to request a local fiscal impact note. Under the proposal, in addition to the chairs of the legislative tax commit- tees, the chairs of legislative commit- tees with jurisdiction over the proposed legislation may request the fiscal impact note. Sheran said that the proposal allows Legislators a more complete picture of the impact of budget decisions. All of the measures were combined into one amendment to S.F. 3363. Mem- bers also adopted an amendment clarify- ing data practices provisions in the bill. The bill was then advanced to the full Senate.

Rules and Administration Redistricting bill advanced The Rules and Administration Senators Steve Murphy (DFL-Red Wing), left, and Rod Skoe (DFL-Clearbrook) Committee, chaired by Sen. Lawrence Pogemiller (DFL-Mpls.), met Tues., Apr. consult during the Senate floor session, Mon., Apr. 14. Photo by David J. Oakes

9 Committee update 15, to consider several measures adding actions. He said an emerging principle, omnibus budget bill, but that the measure Legislators to commissions or task forces political competitiveness, is also included may serve as the vehicle for several policy and a bill establishing a commission to in the bill. Several members expressed measures. undertake legislative and congressional concerns about having a judicial commis- S.F. 3683, carried by Sen. Jim Vicker- redistricting after the next census. sion, rather than the Legislature, develop man (DFL-Tracy), is the omnibus agricul- Pogemiller, chief author of S.F. 2211, new legislative and congressional district ture and veterans policy bill. S.F. 2818, said the bill is the product of work done plans. Pogemiller said the bill will serve as sponsored by Sen. Ellen Anderson (DFL- by a distinguished panel including former a touchstone for further discussions on the St. Paul), requires reports on and legisla- Vice President Walter Mondale, former matter. tive input in developing principles for a governors Al Quie and Arne Carlson, and Members advanced the measure to cap and trade program for greenhouse gas former Majority Leader Roger Moe. The the full Senate. Several additional bills emissions. Both measures were amended bill establishes districting principles for were also sent to the Senate floor. to provide that the Rules and Adminis- legislative and congressional plans and S.F. 3488, carried by Sen. Satveer tration Subcommittee on Committees, provides for the appointment of a com- Chaudhary (DFL-Fridley), creates the rather than the majority leader, make the mission, composed of retired judges, to outdoor heritage fund, if a constitutional appointments required in the bills. recommend boundaries of legislative and amendment passes dedicating sales tax One bill captured by Joint Rule 2.03, congressional districts. revenue, and establishes the Lessard relating to late bills, was advanced to the Pogemiller said the principles for the Heritage Enhancement Council. Chaud- Finance Committee. S.F. 3193, carried by plans have been established over time, hary said the language in the bill has Sen. Ann Rest (DFL-New Hope), modi- through both legislative and judicial already been passed by the Senate in the fies access to adoption records and original birth certificate access provisions.

Taxes Transportation policy bill okayed Members of the Taxes Committee met Tues., Apr. 15, to consider the omni- bus transportation policy bill, S.F. 3223. The panel approved the bill and advanced it to the full Senate. Chief Author Steve Murphy (DFL- Red Wing) reviewed the tax-related provisions of the bill. Most of the provi- sions have little or no impact on the state budget, he said. Murphy said a provision with a hypothetical cost should be con- sidered as having no cost. The provision brings the debt service surcharge on motor vehicle fuel into conformity with pre-ex- isting gas tax provisions regarding border communities. Under current law, service stations within 7.5 road miles of a service station in a contiguous state do not charge an effective gas tax rate more than three cents above the contiguous state’s gas tax rate. This is not a change in law, Murphy said, but is simply a conformity matter that was overlooked when we raised more money for transportation earlier this year. Committee members devoted most of their consideration of the bill to proposed amendments. Sen. Julianne Ortman (R-Chanhassen) offered, for discussion, an amendment requiring Dakota County to reimburse the state for costs incurred in complying with a section in the bill Following a “lie-in” on the Capitol steps, Wed., Apr. 16, commemorating the 32 relating to the Lafayette Bridge in St. victims who died at Virginia Tech a year ago, Sen. Yvonne Prettner Solon (DFL-Du- Paul. The bill requires the commissioner luth) speaks in favor of a bill she has authored requiring more stringent background of transportation to ensure that design, construction and environmental docu- checks for obtaining a firearm. Photo by A.J. Olmscheid

10 On Murphy’s behalf, Sen. Keith Langseth (DFL-Glyndon) offered an amendment making a number of changes to the design-build law. Among the provisions of the amendment is a cap on the price the department may accept for a design-build project with a value over $10 million. Under the amendment, no bid with a price more than 120 percent of the lowest bid may be accepted. This is a policy matter outside the normal scope of the Taxes Committee, said Sen. Mee Moua (DFL-St. Paul). She noted that the Transportation Budget and Policy Divi- sion had heard a similar proposal and tabled it. Betsy Parker, MnDOT, said the department is continuing to work with the proponents of the amendment. Design- build contracts are often awarded using best value, which emphasizes factors as being more important than price, Parker said. In a best value setting, what should matter in the price consideration is how much money the department set aside or planned on, not what the absolute lowest bidder thought was an appropriate price. Murphy said he would continue to work with others on the proposal, but that it was important for the Senate to have a Maple Grove Senior High students and members of Straights and Gays for Equality position going into conference committee. participate in OutFront Minnesota’s Lobby Day in front of the Capitol, Thurs., Apr. The amendment was adopted. 17. Photo by David J. Oakes mentation of the bridge’s reconstruction include the entire Metro Area. Under the Transportation Budget and or improvement include bridge piers and bill, the taxing district is only expanded to footings that accommodate future transit. include two additional communities. The Policy Division The trunk highway fund should not have omnibus tax bill took the position that to pay for future transit projects, she said. MnDOT update heard the entire seven-county area should be Members of the Transportation Bud- Sen. Scott Dibble (DFL-Mpls.) noted that part of the transit taxing district, Dibble get and Policy Division, chaired by Sen. trunk highway dollars have been used in said, and the transportation bill should be the past for improving highway infra- Steve Murphy (DFL-Red Wing), joined consistent. The amendment was adopted. their counterparts from the other body’s structure that supports transit. Enhanced Chair Thomas Bakk (DFL-Cook) shoulders and park-and-ride lots are Transportation Finance Division, chaired offered an amendment requiring MnDOT by Rep. Bernard Lieder (DFL-Crookston), highway purposes that assist in having to award a contract for a TH-53 project transit as a transportation option, he said. Tues., Apr. 15, to discuss the Department to the lowest bidder using bids opened Dakota County should not be singled out, of Transportation’s activities. The panels in January. Under the amendment, the said Sen. James Metzen (DFL-South St. heard from agency staff on the depart- Paul). The corridor affected has statewide winning bidder must waive any claims ment’s construction plans and its bridges, significance and connects over a dozen relating to delays in accepting its bid. If roads and transit program. counties in southeastern Minnesota to the the bidder does not waive its claims, under metropolitan core, he said. At Murphy’s the amendment, the commissioner is per- urging, members adopted only a portion mitted to rebid the project. Bakk said the of the amendment limiting the commis- department overlooked a city ordinance sioner’s activity to the bridge footings. in Duluth when it issued its request for The piers can wait, but proper footings are bids. The situation has been resolved and essential for future transit, Murphy said. the project can proceed, but both parties Schedule available online The remainder of the amendment was not need to be sure the delay will not increase Next week’s schedule is available offered for a vote. the cost of the project or cause rebidding, online at: http://www.senate.mn/schedule/ Dibble offered an amendment which would be unfair. The amendment schedule.php?ls=85&date=04/21/2008&t expanding the transit taxing district to was adopted. ype=weekly

11 Senate Briefly

Page 2 Highlights

Page 7 Committee update

Reflections in the front grill of a vintage Ford station wagon create abstract patterns during the Minnesota Street Rod Association’s display of collector vehicles in front of the Capitol, Tues., Apr. 22. Photo by A.J. Olmscheid

April 25, 2008 Senate Highlights Budgeting, election reforms OK’d on the executive branch’s early budget and provides for electronic recording of The Senate, during a floor session, process to be provided to the Legislature, information. Mon., Apr. 21, recommended for passage establish a process for challenging a fiscal H.F. 1351, sponsored by Sen. Steve four bills related to elections and budget- note, and include Minnesota Milestones Murphy (DFL-Red Wing), is an omnibus ing. into the budgeting process. An amend- transportation policy bill. The measure H.F. 3172, sponsored by Sen. Ann ment was passed to remove obsolete makes numerous transportation policy Rest (DFL-New Hope), carries numer- language. Sen. Don Betzold (DFL-Fridley) changes, increases fees, specifies that seat- ous provisions modifying campaign and offered an amendment changing a date belt violations are primary offenses, sets election procedures. The bill includes an for submitting budget information to statewide transportation goals and plans, exemption from campaign finance report- Legislators. Betzold said the change better modifies drivers’ license and identifica- ing requirements for lobbying activities accommodates the election cycle. The tion card provisions, provides for light rail related to a ballot question, requires a amendment was adopted. planning, provides for bridge inspections report of certain last minute contributions Sen. Dennis Frederickson (R-New and authorizes names for highways and within 24 hours, and allows delivery of Ulm) offered an amendment deleting por- trails. Murphy said the bill requires that absentee ballots to voters that are disabled tions of the bill expanding the amount of before information for Real ID is entered or those in assisted living. Rest said many information provided to the Legislature. into a database, the federal government of the provisions passed the Senate last Frederickson said another portion of the must fund 95 percent of the program and year. An amendment was approved to amendment deletes a provision making provide assurances the information is safe designate the costs associated with attend- almost all the material the governor uses and secure. ing a party convention as a non-campaign to formulate a budget nonpublic data. He Sen. David Senjem (R-Rochester) disbursement. The amendment also said the language in the bill limits the moved to reject the conference commit- included language requiring captioning of communication between interested parties tee report because of language in the bill campaign advertisements. Senator Chris developing budget proposals. Governors relating to the federal government’s Real Gerlach (R-Apple Valley) said that all the should have the flexibility to develop ID requirements. Senjem said the bill provisions of the bill had been thoroughly budgets, Frederickson said. Cohen said the is in danger of being vetoed because of vetted. amendment attempts to cut the informa- the language. Murphy argued against the S.F. 3370, sponsored by Sen. Rick tion provided to the Legislature. Betzold motion and said the conferees had tried Olseen (DFL-Harris), bills the cost of moved to have the amendment divided. to accommodate the governor’s requests contested local election complaints back Members first voted on the portion of on the issue, but the language relating to to the jurisdiction of origin, such as the the amendment deleting the language safeguards kept changing. Sen. Mee Moua state, county or school board. requiring the data to be nonpublic. The (DFL-St. Paul) said she authored language S.F. 3363, sponsored by Sen. Richard first portion of the amendment failed. that was much stronger in rejecting Real Cohen (DFL-St. Paul), is a budget reform The second portion of the amendment, ID than that in the bill because it is such package. Highlighted provisions require deleting the additional information to be a large unfunded federal mandate. The more budgeting information to be provid- provided to the Legislature, also failed to motion to send the measure back to con- ed by agencies, require more information be adopted. ference failed. Sen. David Hann (R-Eden Prairie) The conference committee report was sponsored an amendment deleting the adopted and the bill repassed on a 51-11 Senate Briefly is a publication of provisions requiring inflation be figured roll call vote. the Minnesota Senate Publications into the budget forecast. Hann said build- In addition, the Senate passed ten Office. During the regular Legislative ing an inflationary factor into a budget is bills on the Calendar and repassed three Session, it is produced weekly. The a bad financial practice. Cohen said there bills amended by the other body after publication is a service of the Minne- has been a lot of debate about the issue, concurring in the amendments. sota Senate. It can be made available but it should be included in a budget re- Sen. Linda Berglin (DFL-Mpls.) form bill. Cohen said using inflation gives moved that the body concur with House in alternative formats. a more accurate picture of the budget fore- changes to S.F. 2564, a bill allowing cast. The amendment failed on a 22-40 TANF program back-claims. The change Editor/Writer: roll call vote. The bill gained preliminary puts an effective date into the language. Karen L. Clark approval on a 42-21 roll call vote. Berglin, also the author of S.F. 3049, Members also adopted conference a children’s mental health bill, said the Assistant Editor/Writer: committee reports and repassed several other body added clarifying language, and Joshua A. Dorothy measures. S.F. 1298, authored by Sen. Lin- requires some data collection that will da Higgins (DFL-Mpls.), makes numerous incur no additional expense. Writer: housekeeping changes in laws relating to Sen. Leo Foley (DFL-Coon Rapids) Danielle Cabot elections. H.F. 3220, carried by Sen. Jim moved that the body concur to changes Vickerman (DFL-Tracy), authorizes politi- by the other body to S.F. 3336, restricting cal subdivisions to make grants to non- window glazing on vehicles. The changes Photographers: profit organizations. H.F. 3516, carried by made allow sale of vehicles not meeting David J. Oakes Rest, provides for specification of informa- the restrictions to be sold to out-of-state A.J. Olmscheid tion about premises subject to foreclosure residents.

2 Sen. Steve Murphy (DFL-Red Wing) reacts as Sen. Michelle Fischbach (R-Paynesville) holds up a copy of his high school senior photo, which was being distributed in the Senate Chamber during the Mon., Apr. 21, floor session. Photos by A.J. Olmscheid S.F. 2965, sponsored by Sen. Linda H.F. 3569, sponsored by Sen. David ment for cattle continuing to be located Higgins (DFL-Mpls.), passed on the Cal- Tomassoni (DFL-Chisholm), establishes a within a management zone, modifies endar. The bill, establishing regulations workers lung health study. restrictions and penalties for wildlife feed- on gestational carriers, passed 41-22. The higher education omnibus policy ing within a specified area of an infected Restrictions of decabromodiphenyl bill, S.F. 2942, is sponsored by Pappas. cattle herd and requires an assessment on ether in certain household products passed cattle. 47-16. The bill, S.F. 651, is sponsored by Bovine TB bill gains Skoe said the bill takes a proac- Sen. Sandra Pappas (DFL-St. Paul). A bill to control bovine tuberculosis tive approach to controlling the disease. S.F. 2795, sponsored by Sen. Ron Latz was one of the highlights of the Wed., Members adopted an amendment provid- (DFL-St. Louis Park), allows for transfer ing that calves may be moved out of a Apr. 23, floor session. Members devoted of real property on death deeds. herd if the whole herd has been tested, most of the floor session to debating bills H.F. 2896, sponsored by Sen. Dan the calves are spayed or neutered and the Larson (DFL-Bloomington), removes a on General Orders. calves have been tested within 60 days of referendum requirement before building, H.F. 4075, sponsored by Sen. Rod being moved. Sen. Steve Dille (R-Dassel) equipping or maintaining a memorial for Skoe (DFL-Clearbrook), provides for test- said the bill is a very good, aggressive first war veterans. ing and herd buyouts to control bovine step to deal with the problem of bovine S.F. 3683, the omnibus agriculture tuberculosis. Skoe said portions of the bill tuberculosis. Sen. LeRoy Stumpf (DFL- and veterans policy bill, is sponsored by have already been passed in the Senate. Plummer) said the bill will provide an Sen. Jim Vickerman (DFL-Tracy). The bill provides for bovine tuberculosis example for other states. H.F. 2904 establishes procedures to management zones, provides for cattle Sen. Ellen Anderson (DFL-St. Paul) help state agencies assist in community herd buyouts, provides cost-share assis- sponsored a bill, S.F. 2818, requiring legis- recovery efforts after a natural disaster. tance for fencing, requires the Board of lative input into a Midwest cap and trade The bill is sponsored by Rest. Animal Health to conduct a risk assess- greenhouse gas emissions agreement. An-

3 Senate Highlights

From left, Senators Tarryl Clark (DFL-St. Cloud), Dan Skogen (DFL-Hewitt) and Tom Saxhaug (DFL-Grand Rapids) admire the ample mutton chops depicted on a bust of William D. Washburn in the rear of the Senate Chamber. Washburn represented Minnesota in the U.S. Senate from 1889 to 1895. Photo by David J. Oakes derson said the governor, along with five tive Citizen Commission on Minnesota government unit that does not charge an other governors, has signed an agreement Resources projects. The measure makes entrance fee. Under the bill, the pools are to develop a model rule establishing a re- appropriations from the Minnesota envi- exempted if the local government submits gional cap and trade green house gas emis- ronment and natural resources trust fund a plan by Jan. 1, 2009, for compliance sions program. Anderson said the measure for projects recommended by the com- within two years. Sen. Linda Berglin also requires studies on the economic, mission. Under the bill, $22.86 million is (DFL-Mpls.) argued against the amend- environmental and public health impacts appropriated for land and habitat, water ment and said that local units of govern- of a cap and trade program. Anderson said resources, natural resources information ment need the flexibility in order to come the bill shows the state’s commitment to and environmental education. Members up with the necessary funds. Sen. Terri reaching the goals already in law. adopted an amendment extending the life Bonoff (DFL-Minnetonka) countered that Sen. Michael Jungbauer (R-East of prior appropriations. the Legislature would be remiss if another Bethel) spoke in opposition to the bill. A bill, S.F. 2833, providing for child was injured because of the exemp- He said there is ample evidence that cap increased wading pool safety, also gained tion. The amendment was adopted on a and trade programs have not worked in preliminary approval. The Abigail Taylor 54-8 roll call vote. Europe and that no further studies are Pool Safety Act, sponsored by Sen. Geoff H.F. 2837, carried by Sen. Tony Lou- needed. Sen. Ray Vandeveer (R-Forest Michel (R-Edina), requires public pools rey (DFL-Kerrick), changes optometrist Lake) moved to delete a portion of the bill and spas to be equipped with anti-entrap- practice and licensing provisions. Lourey requiring a study and legislative approval ment devices or systems. Michel said the moved to strike the Senate language and of any cap and trade program. Anderson bill is in response to the accident in which act on language from the other body. said as an equal branch of government, it Abigail Taylor was severely injured by an Lourey said the House language consoli- is important for the Legislature to debate unsafe pool drain. Abigail subsequently dates two measures passed by the Senate and implement policies affecting the state. died of complications from her injuries, relating to optometrists. The motion was The amendment failed. Another amend- Michel said, and the bill is an attempt to adopted. He said the bill makes adminis- ment, sponsored by Vandeveer, deleting insure that no child is ever again injured trative changes and allows optometrists to an appropriation for the studies, also because of unsafe drain systems. The mea- dispense contact lenses containing legend failed to gain adoption. The measure was sure also requires inspections and phased drugs. granted preliminary approval on a 42-20 in retro-fitting of existing pools. S.F. 3096, sponsored by Sen. Scott roll call vote. Sen. Ann Lynch (DFL-Rochester) Dibble (DFL-Mpls.), creates programs Anderson also sponsored a bill, S.F. offered an amendment to delete an ex- for state and local government energy 2492, appropriating funds for Legisla- emption for public pool owned by a local conservation investments, establishes a

4 microenergy loan program, and makes who have had their licenses suspended for provisions and require full legislative technical changes in public housing en- controlled substances offenses in the list of consideration, she said. The provisions in ergy provisions. The bill does not require persons who must pay a fee and complete the bill relate to wind energy easements a showing that the energy conservation the driver’s license examination before the and annual reports from the Manitoba investments will actually reduce local license is reinstated. Latz said the bill sim- Hydro-Electric Board. Prettner Solon governments’ costs, said Sen. David Hann ply corrects an inadvertent oversight. H.F. offered, and members adopted, an amend- (R-Eden Prairie). The program encourages 3066, carried by Sen. Ann Rest (DFL- ment adjusting the provisions relating to projects that appear to be cash-neutral New Hope), eliminates the requirement Manitoba Hydro; the amendment repre- because of special financing provisions, that precinct caucuses be held on the first sents a compromise with the stakeholders, he said, rather than providing incentives Tuesday in March. Under the bill, the Prettner Solon said. for projects that will actually save money. state’s two largest parties must confer and Sen. Gary Kubly (DFL-Granite Dibble said the criteria for approving a agree on a date for precinct caucuses and Falls) offered an amendment restoring project include a showing of a substantial inform the secretary of state of the chosen the repealed language regarding wind likelihood the project will result in a posi- date by Mar. 1 of the preceding year. energy easements. The existing language tive annual cash flow. Hann responded S.F. 3520, authored by Sen. Yvonne is important to constituents in my region, that the criteria only ensure a likelihood Prettner Solon (DFL-Duluth), repeals he said, and we need to protect landown- of benefit at the planning stage. After the two energy-related provisions enacted last ers who have entered into agreements project starts, the bill’s financing structure year. The provisions were not considered with wind generation providers. Prettner offers no incentive to ensure savings, he by the Senate before they were included Solon said the existing language is actu- said. in omnibus legislation, she said, and they ally harmful to small landowners. The S.F. 3189, authored by Sen. Ron Latz may have adverse effects on our renew- repealer in the bill is delayed until 2009, (DFL-St. Louis Park), includes juveniles able energy goals. We should repeal the she noted, in order to let the parties come

Sen. Geoff Michel (R-Edina), left, shows members of the press a bracelet he wears commemorating the life of Abigail Taylor, who died recently as the result of complications from a 2007 swimming pool accident. At right is Abigail’s father, Scott, who was also present during a press conference, Wed., Apr. 23, announcing an upcoming floor vote on pool safety legislation named in Abigail’s honor. Photo by A.J. Olmscheid

5 Senate Highlights forward with agreed-upon language for and granted final passage to three bills on the Legislature and includes inflation in legislative consideration. The amendment the Senate Calendar. budget forecasts. was not adopted, 29-32. S.F. 3139, authored by Latz, makes it H.F. 3657, carried by Sen. Julianne a misdemeanor offense to interfere with Chief engineer proposal okayed Ortman (R-Chanhassen), modifies the Internet ticket sales by using software Senators used the Thurs., Apr. 24, balance of authority between the Carver to obtain large numbers of tickets. The floor session to approve several measures County Board of Commissioners and measure was granted concurrence and on General Orders. Among the bills Carver County Library Board. Under the repassage. granted preliminary passage was a bill bill, the county board will control financ- Senators also adopted a conference requiring a senior executive in the Dept. ing and administration of the county committee report and repassed the bill. of Transportation to be a licensed profes- library system, while the library board will H.F. 3662, sponsored by Lourey, provides sional engineer. be responsible for developing library poli- for a public hearing and public testimony S.F. 2925, carried by Sen. Kathy cies and rules, reviewing the annual op- before making an appointment to fill a Saltzman (DFL-Woodbury), requires the erating budget, and preparing a five-year vacancy on a county board and changes commissioner of transportation to appoint capital plan to be submitted to the county the time period in which an appointment a deputy commissioner/chief engineer, board. Ortman said the bill represents an may be made. who must be licensed as a professional en- agreement between the two boards and is Bills gaining final passage included gineer. Members adopted an amendment, modeled on similar power-sharing legisla- H.F. 3172, carried by Rest. The bill offered by Saltzman, restoring language tion enacted recently for other Metro makes a number of changes to elections permitting the commissioner to appoint Area county library systems. provisions. S.F. 3370, authored by Sen. an additional deputy commissioner. It is All of the bills on General Orders Rick Olseen (DFL-Harris), provides for important to have, at the executive level, were granted preliminary passage. assessment and payment of specific costs someone who is intimately familiar with In other action, the Senate granted relating to elections. S.F. 3363, sponsored the technical side of the department, concurrence and repassage to one bill, by Sen. Richard Cohen (DFL-St. Paul), Saltzman said. The Legislature should not adopted a conference committee report improves access to budget information by dictate to the executive branch of gov-

Senators Warren Limmer (R-Maple Grove) and Betsy Wergin (R-Princeton) converse in the Senate Chamber during the Thurs., Apr. 24, floor session. Photo by David J. Oakes

6 ernment who should be hired and what amendment, saying a commissioner who gage foreclosure prevention and assistance qualifications they need to have, said Sen. is an engineer would nonetheless need a program loan cap from $5,500 to 110 David Senjem (R-Rochester). This theory chief engineer to rely on because of the percent of median monthly mortgage pay- could be extended to other departments, broad scope of the commissioner’s duties. ment and related costs over six months. for example requiring senior leaders of the It is important to have one person whose Senjem offered, and members adopted, an Department of Health to be physicians, he principal duty is to be the point person on amendment requiring utilities to notify said. We need to trust that the executive technical issues, she said. The amendment cities when a customer’s gas or electric will choose capable leaders, he said. was adopted on a divided voice vote. service has been disconnected. Sen. Claire Robling (R-Jordan) S.F. 3715, authored by Sen. Dick S.F. 3366, carried by Sen. Linda Ber- offered an amendment providing that a Day (R-Owatonna), authorizes Steele glin (DFL-Mpls.), modifies the phase-in of commissioner who is a licensed profes- County to transfer a nursing home and rebased nursing facility operating cost pay- sional engineer does not need to appoint assisted living facility and related assets ment rates. H.F. 3411, sponsored by Sen. a deputy commissioner who is a licensed to a nonprofit corporation, and to acquire Debbie Johnson (R-Ham Lake), makes a professional engineer. We need to have a membership interest in the nonprofit number of technical changes to weights people with complementary skills, she corporation. Day offered, and members and measures provisions as recommended said, especially if there is only one deputy adopted, an amendment providing an by the Dept. of Commerce. S.F. 2825, commissioner. The important thing is exception to the moratorium on new authored by Sen. Sandra Pappas (DFL-St. to have an engineer in the inner circle, nursing home beds for a pilot program at Paul), amends the Patient’s Bill of Rights whether at the deputy or commissioner facility in Steele County. to include continuous doula support and level, said Sen. Dan Larson (DFL- Sen. Linda Higgins (DFL-Mpls.) car- information about evidence-based non- Bloomington). Saltzman opposed the ried H.F. 3346, which increases a mort- pharmacological pain relief. Committee update

Commerce and Consumer 16 passengers, including 10 who power Another provision in the other body’s it through pedaling as they would on a version of the omnibus liquor allows cities Protection bicycle, he said. The device is steered by a to permit bars to serve alcohol until 4 driver, who is employed by the operating a.m. for five nights around the Republican Proposals for PedalPubs, later company, Boyce said. In the Netherlands, National Convention—beginning with alcohol hours during RNC heard passengers may bring their own alcoholic Sun., Aug. 31, and concluding the night A concept and device imported from beverages on board, similar to passengers of Thurs., Sep. 4. The convention is a the Netherlands was a central topic of on chartered buses or limousines in Min- unique circumstance, with delegates in St. discussion, Tues., Apr. 22, as members of nesota, he said. Paul fairly late for convention business, the Commerce and Consumer Protection The other body included language but staying all over the Metro Area, said Committee gathered for an informational adding an exemption to the open contain- Barbara Johnson, president of the Min- hearing on items the other body has in- er law for PedalPubs or similar devices. neapolis City Council. Later hours for cluded in its version of the omnibus liquor The open container law prohibits anyone alcohol service are a plus for the hospital- bill, S.F. 3672. Chair Linda Scheid (DFL- in a vehicle from possessing an open con- ity businesses throughout the region that Brooklyn Park) said the other body has tainer of alcohol while the vehicle is on a will cater to the convention attendees, not taken final action on the bill, but she she said. In addition, extending our hours street or highway; however, the law also wanted members to have an opportunity will give attendees the perception that we exempts limousines and buses. Boyce said to learn about the provisions and offer are “hospitable and welcoming,” Johnson advice to the Senate sponsor of the liquor the company has used PedalPubs to give said. The St. Paul City Council opposed bill, Sen. Dan Skogen (DFL-Hewitt). tours of Minneapolis or St. Paul neighbor- an earlier version of the proposal, said Al Boyce, managing partner of Pedal- hoods, many of which include stops at Wendy Underwood, representing the city Pubs LLC, described the PedalPub and its bars selected by passengers. In complying of St. Paul. The council’s concerns were use. The device was first introduced in the with the law, we have permitted only non- motivated by the possible adverse effects Netherlands about 10 years ago, he said, alcoholic beverages on board, he said. We later hours would have on neighborhoods and there are now over 30 of them being have received no complaints about this and the increased strain on law enforce- used there. Boyce said he and his partners business, which has been very considerate ment, she said. However, she said the city have the exclusive distribution rights of our neighborhoods, said Pierre Willette, participated in negotiating the language for North America and introduced the representing the city of Minneapolis. in the current version, which the city’s continent’s first PedalPub to the Metro Willette said the city wants to be sure mayor supports. Area in March 2007. We are in the pro- the exemption does not prohibit it from Members discussed the possibility of cess of licensing the idea for use in New regulating the business through licensing extending the later hours by one day, to York City, he said. The PedalPub carries or permitting. include a 24-hour event preceding the

7 Committee update

As Legislators inside the Capitol confer on an omnibus liquor bill, Managing Partner Al Boyce explains the finer details of his PedalPub, a pedal-powered bar for up to 16 people, to Sen. Claire Robling (R-Jordan) in front of the Capitol, Tues., Apr. 22. Photo by David J. Oakes convention and targeting media visitors. Education Students Devin McKinnon, Matthew Scott Mayer of Spark24 said the event Miller, Louis Chapdelaine, Tim Hendrick- will include live entertainment, with a Robotics program presented sen, Jason Laqua, Madison Weldon and focus on adults at night and families dur- The Senate Education Committee, Kelly Hotchkiss described the team robot ing the day. We anticipate the media will chaired by Sen. Charles Wiger (DFL-Ma- competitions and explained how their arrive Fri., Aug. 29, and be settled in time plewood), met to hear an informational team, 2220 Blue Twilight, developed a for the event, which begins at 8 p.m., Sat., presentation on for inspiration and recog- robot. Student leaders also described their Aug. 30. The event will proceed with nition of science and technology (FIRST) work producing media, fundraising, bud- geting and marketing for their team. or without the extended bar hours, but program, Wed., Apr. 23. we believe the Twin Cities can convey a Members of Eagan High School’s better image of themselves with a one-day FIRST team described their participation Finance in the program. FIRST is a non-profit extension of the later hours proposal to high school level robotics program funded include the event. Sick leave expansion advances through donations from the science and Five bills were reviewed by the Com- In addition, committee members business communities. FIRST also runs a mittee on Finance, chaired by Sen. Rich- reviewed other provisions in the other LEGO League for ages 9-14. The purpose ard Cohen (DFL-St. Paul), Tues., Apr. 22. body’s version of the omnibus liquor bill of the program is to encourage student All the bills were recommended to pass and a potential amendment to the Dept. interest and development in math and and sent to the Senate floor. of Commerce technical bill, S.F. 3467. science, according to director Mark S.F. 1128, sponsored by Sen. Sharon The amendment contains mostly noncon- Lawrence. Students, teachers and industry Erickson Ropes (DFL-Winona), allows troversial provisions, but I do not want mentors form extracurricular teams that individuals to use sick leave to care for to surprise anyone when I offer it on the collaborate to build a robot for regional family members beyond a spouse or child, floor, said Scheid, who is carrying the bill. competitions. such as a parent. An amendment was

8 adopted eliminating the fiscal impact for interest loans, said a representative of the Historical database available the state by exempting policies or labor Minnesota Housing Finance Authority. The Legislative Reference Library agreements that already address these has developed a database, “Legislators family members. A cost of $26 million Economic development policy, Past and Present,” containing information to local governments is estimated by the about Legislators who have served since fiscal note. renaming proposals advance territorial times. The database’s informa- Members of the Finance Committee Jennifer O’Rourke of the League of tion was compiled from official legislative met Fri., Apr. 25, to advance two mea- Minnesota Cities spoke against the bill, directories, obituaries, news clippings, sures. Sen. David Tomassoni (DFL-Chish- expressing concern for its effects on local family files and other sources. It contains olm) sponsored both bills. control and the fiscal impact on cities. information about terms of service, educa- H.F. 3722 contains the policy provi- tion, occupation, party or caucus affilia- O’Rourke said many units of government sions from the Economic Development tions, leadership positions, represented are transitioning away from sick leave to Budget Division, Tomassoni said. The communities and more. paid time off, anyway. measure contains a number of bills ap- The database also includes informa- Erickson Ropes said the bill will help proved by the division over the course of tion about Minnesota Legislators who families care for each other, and will help the session. He said many of the provi- served in other government functions, control health care costs. She questioned sions were stripped from the omnibus bud- ranging from the local level to the na- the validity and the scope of the fiscal get bill. The bill prohibits construction tional level. The database even indicates note. debris that contains gypsum from being which Minnesota Legislators also served S.F. 3638, sponsored by Sen. Dick used as cover material at disposal facilities, in another state’s legislature. Day (R-Owatonna), establishes a Com- requires state approval of procurement “Legislators Past and Present” is avail- munities for a Lifetime pilot project, agreements relating to U.S. trade agree- able online at http://www.leg.state.mn.us/ moving 80 beds from an existing facil- ments, establishes a trade policy advisory legdb/index.asp ity to a new community non-profit in group, defines prohibited practices relating Owatonna on a healthcare campus. Due to workplace communications, and makes to the timeline of the project, a $128,000 numerous changes to unemployment Capitol Report: on air, online fiscal impact is projected in 2012, accord- compensation provisions. In addition, the Explore current policy issues and ing to the fiscal note. Sen. Claire Robling bill changes the name of the Minnesota hear lawmakers discuss current legislative (R-Jordan) said a similar project in her Boxing Commission to the Minnesota proposals by watching “Capitol Report,” a district has been a great success. Combative Sports Commission, creates weekly public affairs program produced by S.F. 2462 provides loan forgiveness two transit improvement area accounts Senate Media Services. The program in- of $2.85 million to the Buffalo Ridge Re- for purposes of the transit improvement cludes interviews with Legislators, agency gional Railroad Authority. The line con- area loan program and completes local ap- heads and prominent policy experts. It nects the Union Pacific and Burlington proval of the Central Iron Range Sanitary also features historical and informational Northern, and is vital for moving ethanol, Sewer District. The measure was approved features about the Senate, the Capitol and said Rock County Administrator Kyle and advanced to the Rules and Adminis- Minnesota. Oldre. Bill sponsor Sen. Jim Vickerman tration Committee. “Capitol Report” airs weekly on (DFL-Tracy) said these types of loans have S.F. 2468 renames Minnesota Tech- public television affiliates on cable access been forgiven in the past, and keeping the nology, Inc. as Enterprise Minnesota, Inc. channels across Greater Minnesota. It is rail line operational is in the best interest In addition, the measure makes technical also available online, with archives going of the state. changes and recodifies the Agricultural back to 2000: http://www.senate.mn/ S.F. 3140, sponsored by Sen. Kathy Utilization Research Institute provisions media Sheran (DFL-Mankato), modifies boiler into a new chapter. The bill was approved operator licensing procedures. Sheran said and sent to the Senate floor. Frequently called numbers the bill addresses a shortage of boiler op- Secretary of the Senate (651) 296-2344 erators in the state. The bill shortens the Voice mail/order bills (651) 296-2343 time to acquire a class 1A boiler operator Senate Index (651) 296-2887 license and updates regulations to meet Senate Information (651) 296-0504 current technology and standards. Toll free 1-888-234-1112 Sen. Linda Higgins (DFL-Mpls.) pre- MyBills system available Senate Committee Hotline (651) 296-8088 sented H.F. 3346, a bill increasing a mort- The MyBills personalized bill tracking Senate Sergeant at Arms (651) 296-1119 gage foreclosure prevention and assistance system is now available. Users can add Senate Counsel, Research & program loan cap from $5,500 to 110 House and Senate bills to their lists by Fiscal Analysis (651) 296-4791 percent of median monthly mortgage pay- bill number, subject, or author, and view TTY (651) 296-0250 ment and related costs over six months. the legislative status of their bills, with Toll free 1-888-234-1216 The loans aid homeowners who could items with significant current floor action Legislative Reference Library (651) 296-3398 otherwise meet their mortgage obligations highlighted. Users can modify their lists at Revisor of Statutes (651) 296-2868 if they were caught up on payments, said any time. The MyBills system is available Capitol Information Desk (651) 296-3962 Higgins. Marquette Bank doubled the from the Legislative website at: http:// Capitol Historic Site Tours (651) 296-2881 amount of funds available for these no- www.house.mn/leg/billsublogin.asp Capitol Security (651) 296-6741

9 Senate Briefly

Page 2 Highlights

Page 5 Floor update

Page 12 Committee update

With his 11-month-old daugh- ter Alyssa in tow, Minneapolis resident Andy Melander gathers with dozens of other construction workers in the Capitol Rotunda, Tues., Apr. 29, to promote a Mall of America Phase II con- struction project. Photo by A.J. Olmscheid

May 2, 2008 Senate Highlights NWA merger discussed compete with growing domestic discount cision does not need to be made for quite Members of the Business, Industry carriers and foreign airlines, he said. The some time. and Jobs Committee met Wed., Apr. alternative, Hirst said, is to combine with The balance of the meeting was 30, to resume their consideration of the Delta to achieve cost savings and revenue devoted to hearing from representatives proposed merger between Northwest Air- improvements, build a better network, in- of two Northwest labor unions, the state’s lines and Georgia-based Delta Air Lines. crease the airline’s resiliency, and stabilize economic development agency and a The panel held an initial hearing on the our ability to serve communities and face technology association. Airline employees merger near the beginning of the annual competition. have lived through mergers before, said session, Feb. 25, when the merger was the The primary beneficiaries of the Stephen Gordon of the International subject of widespread speculation, but was merger are our front-line employees Association of Machinists and Aerospace not officially underway. and the communities we serve, he said. Workers. Assurances that jobs would not We are not all happy about the merg- Northwest is proud to be Minnesota’s be lost and hubs would be protected have er, but it appears inevitable, said Chair hub airline and a major employer, he been offered before, he said, and they James Metzen (DFL-South St. Paul). We said. Previous cooperation with Delta have been hollow. It is hard for us to be- need to try to be positive and find the through the SkyTeam alliance has paved lieve that the companies would be going good that come out of the combination, the way for a smoother integration of the through the process simply to maintain for the state, the airline employees who two airlines, he said. Hirst said there are the status quo, Gordon said. He urged live and work here and the travelers and few anti-competitive concerns, because policymakers to probe deeper into the businesses that rely on Northwest, he said. the two carriers compete very minimally kinds of jobs the combined company will Sen. Geoff Michel (R-Edina), ranking today. We overlap on only 12 routes out offer. We are interested in more than just minority member, said he was glad the of thousands in our combined systems, he jobs, he said, we want career opportuni- hearing would be positive in tone. We said. Delta’s strengths are in the eastern ties with livable wages, good benefits and should not be a firing squad, he said, but and southeastern United States and in a future. Delta and the combined airline we should listen and learn as much as we Europe, he said, while Northwest is strong need to be monitored for their anti-union can about this proposal. in the Midwest and western United States posturing, said Rene Foss of the Associa- About half the hearing time was and in Asia. None of the benefits we pre- tion of Flight Attendants-CWA. Delta is devoted to a conversation with Ben Hirst, dict from the merger, Hirst said, are based currently fighting organizing efforts by its Northwest’s general counsel. The airline on any assumed fare increases. flight attendants, who simply want to hold had not participated actively in the prior Before proposing a merger, Delta an election, she said. It is apparent that hearing because the merger was only made several commitments to its em- Delta intends to have only a pilots union, speculative, Hirst said. What we can tell ployees that any combination would be Foss said. you now is that we believe combining the conditioned on keeping the headquarters We need to sell the combined airline two airlines is the right tactic in an indus- in Atlanta, retaining Delta’s CEO as on Minnesota’s advantages, said Commis- try that is at a crossroads, he said. North- the head of a combined company and sioner Dan McElroy, Dept. of Employment west could choose to stand alone, face preserving the Delta name, Hirst said. and Economic Development. MSP is one unprecedented fuel price increases, and We considered the conditions but they of the best hubs in the country because seemed less important to Northwest than of its unique geographic location and its putting our employees and our service meteorological reliability, he said. Based Senate Briefly is a publication of capabilities on safer footing, he said. Hirst on our models, the total impact of losing the Minnesota Senate Publications said Northwest has abided by its commit- 1,000 jobs at the headquarters is magnified Office. During the regular Legislative ments under financing arrangements with to be about 3,000 jobs and $300 million, Session, it is produced weekly. The the Metropolitan Airports Commission. he said. McElroy said the state will fight publication is a service of the Minne- In addition to making payments on the to keep as many jobs as possible. If we are sota Senate. It can be made available financing, the airline committed to being not as successful as we hope to be, we will headquartered in Minnesota, preserving a make the full range of resources available in alternative formats. hub at Minneapolis-St. Paul International to displaced workers, he said. However, Airport (MSP) and maintaining high we cannot know more about that until we Editor/Writer: employment levels. The headquarters know the exact nature of any layoffs, he Karen L. Clark for Northwest will remain in Minnesota, said. even up to a year after the merger, Hirst While an initial impression of the Assistant Editor/Writer: said, because the operating certificate will merger might be bleak, a closer look re- Joshua A. Dorothy still be held by Northwest, which will veals benefits and opportunities, said Todd operate as a Delta subsidiary headquar- Hauschildt of the Minnesota High Tech Writer: tered in Minnesota as merger logistics are Association. Minnesota should be the Danielle Cabot addressed. After Northwest is completely technology center of any combined air- subsumed into Delta, he said, Delta will line, he said. Northwest has led the avia- succeed to Northwest’s obligations. Either tion industry in the use of technology, he Photographers: the company will pay off the remaining said, especially in the areas of self-service David J. Oakes bonds or Delta and the state will modify ticketing, e-ticketing and mobile device A.J. Olmscheid the agreement, he said. Hirst said the de- notification systems. The airline has a

2 Senators Kathy Saltzman (DFL-Woodbury), left, and Gen Olson (R-Minnetrista) share a lighter moment in the Senate Chamber during a break in the Thurs., May 1, floor session. Photo by David J. Oakes large presence here through its technology Primary seat belt gains tral Corridor light rail line. The second training centers, data centers and flight A proposal making failure to wear a amendment removes from the bill provi- training centers, Hauschildt said. He said seat belt a primary offense, for which a law sions that have already been enacted in the facilities should be maintained here, enforcement officer may stop a vehicle other legislation and makes other updat- ing changes. The third amendment makes because the Metro Area is an attractive without any other reason, was granted preliminary passage by Senators, Mon., technical changes to the primary seat belt location for recruiting workers, with lower Apr. 28. proposal. The amendment ensures that housing prices and traffic congestion than S.F. 3223, authored by Sen. Steve the primary seat belt proposal conforms to competing areas. Murphy (DFL-Red Wing), is an omnibus federal requirements in order to give the Though the committee’s agenda transportation policy bill. It contains a state access to federal funds for adopting included a presentation from the Met- number of transportation proposals heard a primary seat belt law. All three amend- ropolitan Airports Commission and throughout the year. Murphy began by ments were adopted. The bill has four major provisions consideration of two legislative proposals offering three amendments to the bill. The first amendment ensures that St. Paul that make our roads safer, Murphy said. regarding the merger, the panel ran out of District Energy is eligible to receive grants They are common sense provisions that time. Metzen said the committee would and federal money for the costs of relocat- we should be able to support, he said, return to the issue, including hearing from ing facilities from public rights-of-way including the primary seat belt proposal, the MAC and discussing the bills. to prevent interference with the Cen- graduated drivers’ licenses for teen drivers,

3 Senate Highlights a booster seat requirement for young pas- effective ways to improve road safety, he providing that a portion of the revenues sengers and a school bus safety package. said. Murphy opposed the amendment, collected for fees charged for congestion We need to aggressively combat our teen saying administrative fines mask the pricing lanes in the I-35W corridor be death rate, which is the highest in the na- identities of lawbreakers. Permitting local used for noise mitigation. The amendment tion, Murphy said. Keeping new, teenaged governments to mask the information puts was adopted. An amendment, sponsored drivers off the road between midnight at risk the ability of the state to license by Moua, requires that the uniform traffic and 5 a.m. will greatly reduce accidents, commercial drivers, he said. The federal ticket must give conspicuous notice of he said. Booster seats save the youngest government is clearly opposed to masking the fact that, if convicted, the person passengers from terrible injuries caused by the identities of drivers who violate traffic to whom it was issued must pay a state being improperly buckled into their seats, laws, Murphy said. We have pushed local imposed surcharge. The amendment was Murphy said. He acknowledged the work law enforcement into the situation by also adopted. of Sen. Rick Olseen (DFL-Hewitt) in put- raising state fees and surcharges, said Sen. Members granted the measure pre- ting together the school bus safety provi- Mee Moua (DFL-St. Paul). We should liminary approval on a voice vote. sions. Key among them is the creation of not magnify our mistakes by letting local an office dedicated to ensuring the safety governments assume a role traditionally of both school buses and school bus driv- borne by the state, she said. A proper ers, Murphy said. remedy to the problem is to roll back the Seat belts save lives and everyone fines, fees and surcharges to a manageable should wear their seat belts, said Sen. level, Moua said. The amendment was not Historical database available David Tomassoni (DFL-Chisholm). adopted, 28-34. The Legislative Reference Library However, we do not need to give po- An amendment providing an exemp- has developed a database, “Legislators lice the ability to pull over vehicles just tion to the 10 percent ethanol require- Past and Present,” containing information because someone is not wearing a seat ment for resorts, marinas, and houseboat about Legislators who have served since belt, he said. Tomassoni noted that police rental companies if the gasoline has an territorial times. The database’s informa- are already able to pull vehicles over for octane rating of 87 or higher was offered tion was compiled from official legislative any number of minor violations. At some by Sen. Tom Saxhaug (DFL-Grand Rap- directories, obituaries, news clippings, point, we need to let people make their ids). The amendment was adopted. Sen. family files and other sources. It contains own choices about seat belts, he said, and Ray Vandeveer (R-Forest Lake) offered information about terms of service, educa- we know that 88 percent of Minnesotans an amendment to prohibit charging user tion, occupation, party or caucus affilia- make the choice to wear their seat belts. fees to owners or operators of vehicles tions, leadership positions, represented Tomassoni also objected to the graduated using dynamic shoulder lanes and desig- communities and more. driver’s license provisions. Prohibiting nated high-occupancy vehicle lands in The database also includes informa- teenage drivers from having multiple pas- connection with the Urban Partnership tion about Minnesota Legislators who sengers will mean more cars on the road, Agreement. In addition, the amendment served in other government functions, which could be more dangerous than let- prohibits any road authority from develop- ranging from the local level to the nation- ting them carpool, he said. Parents should ing or operating a toll facility, except for al level. For example, almost two dozen retain the responsibility for deciding the the high-occupancy toll lane facilities lo- Legislators have served on the University conditions under which their children cated on I-394. Vandeveer asked that the of Minnesota Board of Regents; the most can drive, he said. Sen. Betsy Wergin (R- amendment be divided and that the first recent is current Regent and former Sen- Princeton) echoed Tomassoni’s comments, portion be taken first. Vandeveer said the ate Majority and Minority Leader Dean saying the bill gives short shrift to the bill provides for the collection of funds, E. Johnson. The database even indicates concepts of adult personal responsibility but does not use those funds for transpor- which Minnesota Legislators also served and parental responsibility for teenagers. tation. Murphy said the idea of congestion in another state’s legislature; there have We do not need to become a nanny state, pricing is to allow those who want to pay been at least 15, and the number may she said. for a quicker commute during rush hour climb as more information is compiled. Sen. Paul Koering (R-Fort Ripley) to do so while other drivers need not pay. “Legislators Past and Present” is avail- offered an amendment permitting cities The first portion of the amendment failed able online at http://www.leg.state.mn.us/ and counties to impose administrative on a 16-42 roll call vote. The second legdb/index.asp fines for minor traffic offenses. Fines, fees portion of the amendment also failed on a and surcharges have gotten too expen- 14-44 roll call vote. MyBills system available sive for average Minnesotans, Koering An amendment, offered by Sen. The MyBills personalized bill tracking said, and law enforcement is trying to Kathy Saltzman (DFL-Woodbury), system is now available. Users can add find ways to address speeding without requires that the commissioner of trans- House and Senate bills to their lists by imposing hundreds of dollars in tickets. portation or a deputy commissioner must bill number, subject, or author, and view Administrative penalties have worked be licensed as a professional engineer and the legislative status of their bills, with well in many communities, said Sen. Joe serve as the department’s chief engineer. items with significant current floor action Gimse (R-Willmar), especially when the Saltzman said the new commissioner, Tom highlighted. Users can modify their lists at lower penalty is paired with mandatory Sorel, had okayed the amendment. The any time. The MyBills system is available attendance at a safe driving class. Local amendment was adopted. Sen. John Doll from the Legislative website at: http:// governments can be creative in finding (DFL-Burnsville) offered an amendment www.house.mn/leg/billsublogin.asp

4 Floor update Monday, April 28 the bill would impact the city budget. about evidence-based nonpharmacologi- Employers already have to factor in the cal pain relief. Adoption, sick leave bills okayed costs of employee sick leave, Erickson In other action, Senators concurred In addition to the omnibus transpor- Ropes said. in the other body’s amendments to two tation policy bills, two bills were granted The bill was granted preliminary ap- bills and repassed the measures. S.F. 2775, preliminary passage on General Orders, proval on a voice vote. sponsored by Sen. Leo Foley (DFL-Coon Mon. Apr. 28. S.F. 3193, authored by Sen. Senators granted final passage to Rapids), requires a utility to notify the Ann Rest (DFL-New Hope), provides 12 bills on the Senate Calendar. H.F. city when a customer’s heat source has a process in which adoptees, who were 4075, carried by Sen. Rod Skoe (DFL- been disconnected. The other body adopted prior to 1977, may have access Clearbrook), provides for the control of amended the bill to require the city to to birth record information. Currently, bovine tuberculosis. H.F. 2837, sponsored provide the disconnection information for adoptions occurring before Aug. 1, by Sen. Tony Lourey (DFL-Kerrick), to the police and fire departments within 1977, adoptees do not have access to birth changes optometrists’ practice and licens- three business days of receiving notice. record information without the consent of ing provisions. S.F. 2492, authored by S.F. 2919, authored by Sen. Don Betzold the birth parent. In addition, current law Sen. Ellen Anderson (DFL-St. Paul), (DFL-Fridley), modifies and clarifies time specifies that for adoptions occurring after appropriates money for environment and requirements for hearings and provides an 1977, adoptees over the age of 19 have natural resources and provides for repay- exception from prehearing discharge for access to the information unless the birth ment of appropriations from the environ- commitment petitions involving persons parent has filed an affidavit specifying the ment and natural resources trust fund. alleged to be mentally ill and dangerous, information may not be disclosed. Rest S.F. 2833, authored by Sen. Geoff Michel to have a sexual psychopathic personality said the bill eliminates the difference and (R-Edina), requires public pools and spas or to be sexually dangerous. Betzold said provides that in all cases adoptees have to be equipped with anti-entrapment the Senate included some clean-up provi- access to birth record information, unless devices or systems. S.F. 3096, sponsored sions in the bill; the other body removed there is a nondisclosure affidavit on file. by Sen. Scott Dibble (DFL-Mpls.), creates the clean-up language but retained the Sen. Claire Robling (R-Jordan) said programs for government energy conser- proposal’s core provisions. It is not worth vation investments, establishes a microen- that the birth mothers, who had been going to conference for the clean-up lan- ergy loan program and modifies provi- assured of privacy, are not well served by guage, Betzold said. sions allowing guaranteed energy savings the bill. Robling said there is no funding Senators also acted on several ap- in the bill for an educational campaign contracts. S.F. 3189, carried by Sen. Ron pointments. Members confirmed Dr. to inform women that they must have an Latz (DFL-St. Louis Park), imposes a $30 Sanne Magnan as commissioner of the affidavit on file in order to protect their reinstatement fee following revocation Department of Health and Randy Staver identity. “Right now, children can ask of a juvenile’s driver’s license for a drug as a member of the Board on Judicial adoption agencies to initiate a search and offense. Standards. Two members of the Board of ask birth mothers if they want contact,” H.F. 3066, carried by Rest, provides Animal Health, Steven Brake and Paul Robling said. She said a promise was made for the establishment of precinct caucus to those mothers when they gave children dates by the appropriate political party FitzSimmons, were confirmed. Four mem- up for adoption and it should be kept. and requires notice to the secretary of bers of the Environmental Quality Board Rest said the bill is a compromise amongst state. S.F. 3520, sponsored by Sen. Yvonne were confirmed: Jonathon Bloomberg, Ju- all those in the adoption triad and repre- Prettner Solon (DFL-Duluth), regulates lie Goehring, Susan McCarville and Den- sents the interests of all parties. property rights related to wind energy and nis Wenzel. Eleven members of the Board The measure was approved on a permits the solicitation and consideration of Electricity were approved: Douglas 43-18 roll call vote. of public testimony. H.F. 3657, authored Fingerson, James Freichels, Kim Huxford, S.F. 1128, authored by Sen. Sharon by Sen. Julianne Ortman (R-Chanhas- Daniel Klein, Jay Lewis, Timothy Malooly, Erickson Ropes (DFL-Winona), modifies sen), makes the Carver County Library John McConnell, Richard Owen, Thomas the use of personal sick leave benefits. Board advisory to the Carver County Seanger, Anthony Toft and Joseph Vespa. Erickson Ropes said the bill recognizes the Board. S.F. 3715, sponsored by Sen. Dick Twelve appointments to the Plumbing realities of family life where a caregiver Day (R-Owatonna), authorizes the trans- Board were approved: Karl Abrahamson, may need time off to take care of adult fer of a nursing home and assisted living Rebecca Ames, Steven Christenson, family members. Currently, the law allows facility and related assets to a nonprofit Jim Gander, Lawrence Justin, Kenneth sick leave to be used for the employee or corporation and the acquisition of mem- Kammerer, James Kittelson, Allen Lamm, the employee’s children, Erickson Ropes bership interest in the nonprofit corpora- Michael McGowan, Rick Palmateer, John said. She said the bill just expands the tion. H.F. 3346, carried by Sen. Linda Parizek and Paul Sullwold. Twelve mem- use to adult family members for employ- Higgins (DFL-Mpls.), provides assistance bers of the Board of High Pressure Piping ees with an existing sick leave benefit. to prevent mortgage foreclosure and in- Systems were confirmed: James Andrie, Robling said that in committee, represen- creases the maximum amount of financial Robert Bastianelli, Therese Bozicevich, tatives of local units of government said assistance. S.F. 2825, sponsored by Sen. Patrick Galatz, Mark Geisenhoff, David the measure would mean increased costs. Sandra Pappas (DFL-St. Paul), amends Grong, Maureen Hanson, Larry Jordan, Erickson Ropes responded that said her the Patient’s Bill of Rights to include Mark Kincs, Margaret Larsen, Vicki Sand- city administrator could not imagine how continuous doula support and information berg and Larry Stevens, Jr.

5 Floor update Wednesday, April 30 Sen. Claire Robling (R-Jordan) in three counties, failed on a 20-41 roll sponsored an amendment deleting the call vote. An amendment, offered by Sen. Policy bills gain provisions relating to workplace commu- Ray Vandeveer (R-Forest Lake), allows Most of the Wed., Apr. 30, floor nications. Robling said requiring employ- employees to collect up to five weeks session was devoted to discussion of bills ers to provide the equipment for employee unemployment insurance compensation, containing policy provisions stripped communications does not belong in if the applicant has been paid unemploy- from the omnibus budget bill. Majority statute. Tomassoni countered that the ment benefits based upon wage credits Leader Lawrence Pogemiller (DFL-Mpls.) language sets out rules for both employers from the employer within the prior four designated the measures Special Orders in and employees and if employees misuse years. order to speed the process along and get computers, they are subject to discipline. Sen. Rod Skoe (DFL-Clearbrook) the bills into conference committees. Bills The amendment failed on a 24-35 roll moved to reconsider the motion whereby on Special Orders may be amended and call vote. Sen. Amy Koch (R-Buffalo) of- the amendment incorporating the SEED fered an amendment to delete provisions program into the bill was adopted. The debated before being voted upon for final relating to the transit improvement area motion was adopted. Skoe said the reason passage. loan program. The amendment failed on a for the motion was that the amendment H.F. 3722, sponsored by Sen. David voice vote. Sen. Julie Rosen (R-Fairmont) contained a number of blank appropria- Tomassoni (DFL-Chisholm) is the eco- offered an amendment incorporating tions. Sen. Dennis Frederickson (R-New nomic development policy bill. Tomas- the governor’s strategic entrepreneurial Ulm) offered an amendment deleting the soni said the measure contains provisions economic development (SEED) program, blank appropriations in the bill. Members extending unemployment insurance which she said encourages entrepreneurial voted first on the portion of the amend- benefits to 13 weeks in three counties, activity throughout the state. Rosen said ment deleting the blank appropriations. providing for employee workplace com- the amendment does not include any The first portion of the amendment failed; munications, changing the name of the appropriations. Tomassoni said many of Rosen then withdrew the amendment. Boxing Commission to the Combative the programs in the SEED program are Members granted final passage on a Sports Commission, prohibiting the use of already included in agencies’ base appro- 43-21 roll call vote. construction debris containing gypsum as priations. The amendment was approved Sen. Linda Berglin sponsored a bill, cover material, establishes a trade policy on a 35-28 roll call vote. Koch offered a S.F. 3168, containing numerous human advisory group and provides for a transit second amendment, to delete the exten- services provisions. Members had dis- improvement area loan program. sion of unemployment insurance benefits cussed the measure at a previous floor

Senators Yvonne Prettner Solon (DFL-Duluth), left, and Amy Koch (R-Buffalo) converse in the Senate Chamber during the Thurs., May 1, floor session. Photo by David J. Oakes

6 session, but the bill had been laid over. S.F. 2651, sponsored by Sen. Tom said the general process is designed to Members adopted two amendments spon- Saxhaug (DFL-Grand Rapids), is the om- work for everyone. If the general process sored by Berglin. The first amendment nibus stand lands and game and fish bill. is not working, then it should be changed clarified language relating to care coordi- The forest provisions, the base of the bill, for everyone, he said. Sen. Julianne nation and patient education of services creates a Minnesota forests for the future Ortman (R-Chanhassen) supported the relating to services relating to oral health program, authorizes alternative recording Betzold amendment, saying local officials and dental care. The second amendment of state forest roads, and provides for expe- are closer to the situation. They need the specifies that prior to placing a participant dited exchanges of public land. Saxhaug flexibility to handle the situation and the in unpaid work, the county must inform offered, and members adopted, an amend- affected parties should hold local officials the participant that the participant will be ment adding housekeeping language to accountable, rather than running to the notified if a paid work experience or sup- the bill and requiring the commissioner Legislature when the result is not one they ported work position becomes available. of natural resources to consult with the like, she said. An amendment, sponsored by Sen. chairs and ranking minority members of The Betzold amendment to the David Hann (R-Eden Prairie), sets forth the legislative environment and natural amendment was adopted on a roll call goals for health care reform, limits the resources finance panels on proposed al- vote, 43-21. The remainder of the Chaud- provisions to state employees, requires a lotment reductions from appropriations hary amendment was adopted on a voice web site to show the benefits of health from the forest management investment vote. care savings accounts, authorizes health account. Sen. Dan Skogen (DFL-Hewitt) Sen. Ellen Anderson (DFL-St. Paul) care plans based in other states and offered an amendment permitting orga- offered an amendment that she said repre- provides for tax credits. Hann said the nizations that operate aquatic farms to sented a compromise between interested amendment is an alternative to the health organize as agricultural cooperatives. The care reform package debated earlier in the parties on a provision relating to the amendment was adopted. wetland bank credit and conservation session. Berglin questioned the germane- Sen. Satveer Chaudhary (DFL- ness of the amendment. The amendment easements. The amendment was adopted. Fridley) offered an amendment adding Skogen offered an amendment contain- was ruled nongermane. the game and fish provisions to the bill. Sen. Betsy Wergin (R-Princeton) ing the lands provisions, which had been The provisions include proposals from reviewed by the lands subcommittee. The sponsored an amendment requiring the Dept. of Natural Resources as well as hospitals, clinics and medical facilities amendment was also adopted. Senators’ initiatives. It contains a number having custody of a fetus following a The measure was granted final pas- of provisions relating to aquaculture and miscarriage to provide written notification sage, 64-0. After the vote, Saxhaug moved viral hemorrhagic septicemia. to the mother of her right to arrange for to substitute Chaudhary as the chief au- Sen. Don Betzold (DFL-Fridley) the burial or cremation of the fetus. The thor of the bill. The procedural maneuver offered an amendment to the Chaudhary amendment was adopted on a voice vote. makes Chaudhary the presumptive Senate amendment removing a provision creating Rosen offered an amendment requir- chair of a conference committee on the an exemption to the state land acquisition ing commissioner of human services to bill, if the other body does not accept the procedure statute. Under the Chaudhary conduct a study and report to the Legisla- Senate version. amendment, land contiguous to land ture on recommendations to reduce rate S.F. 3385, carried by Chaudhary, disparities between nursing facilities in within the Carlos Avery and Lamprey Pass Wildlife Management Areas is exempted contains the environment policy, the pro- various regions of the state. The amend- posed citizens’ heritage council and provi- ment was adopted on a 61-0 roll call vote. from the normal procedure. Betzold questioned the necessity of exempting a sions relating to the Pollution Control Wergin also sponsored an amend- Agency. Members adopted an amendment ment prohibiting saline abortions. Berglin small amount of property from a proce- dure of general applicability. The general removing all the forestry, fish and game opposed the amendment. Berglin said the and lands provisions. The bill regulates bill has mostly noncontroversial provi- procedure has worked well for the entire ballast water, modifies solid waste provi- sions suggested by the department, but state, but it has not worked with regard to sions, modifies licensing requirements the amendment seems to regulate private specific parcels adjacent to the manage- health insurance. Berglin questioned the ment areas, Chaudhary said. The discre- for individual sewage treatment system germaneness of the amendment. The tion of the local government has been professions, restricts construction debris amendment was ruled not germane. Sen. abused only in the case of the Avery and as cover material, modifies requirements David Senjem (R-Rochester) appealed the Lamprey Pass areas, he said. Landowners for air emission permits and modifies ruling of the chair. The ruling was upheld adjacent to the areas cannot develop their toxic chemical release reporting require- on a 36-28 roll call vote. land, but the city has not indicated it ments. Members adopted an amendment, Koch offered an amendment prohib- wants to buy the land to make it suitable offered by Anderson, similar to the one iting state funding for saline abortions. for development, Chaudhary said. The adopted for the previous bill relating to Berglin opposed the amendment. The landowners want to sell the property to the wetland bank credit and conservation amendment failed on a 27-37 roll call the state, and the state is willing to buy it easements. The amendment was adopted. vote. for addition to the management areas, he Koering sponsored an amendment to The measure gained final passage on said, but the city is blocking the sale. We adjust the lease rate increase on Ski Gull, a 55-9 roll call vote. The bill was laid on should facilitate preserving open space in a nonprofit recreational facility in Cass the table to await the arrival of the com- the Metro Area, especially when we have County. Chaudhary opposed the amend- panion bill from the other body. willing sellers and buyers, he said. Betzold ment because of the cost.

7 Floor update Members temporarily laid the bill revocation of the certificate if the person ville, left the Senate for a judgeship. The on the table and acted on several proce- is subsequently convicted of a crime. amendment does not move forward with dural motions to designate bills as Special In addition to the certificate of good joint physical custody, she said, but it does Orders. conduct provisions, the bill includes bring all the important stakeholder groups Returning to S.F. 3385, members a number of other policy proposals. It together. The courts are already planning continued the debate on the lease rate removes an expiration date on Internet to study the issue as part of a more com- increase cap for Ski Gull. The amendment access to Bureau of Criminal Apprehen- prehensive examination of family law is- was adopted. sion data, directs the commissioners of sues, said Sen. Mee Moua (DFL-St. Paul). The bill was granted final passage on corrections and employment and eco- We should not mandate the study when a 56-2 roll call vote. nomic development to develop a mar- the courts are already acting on the idea, In other action, members granted keting plan to attract private employers she said. Saltzman said potential members concurrence and repassage of a num- to hire inmates through MINNCOR, of the study group acknowledge the courts’ ber of bills. S.F. 3564, authored by Sen. authorizes the judicial branch to accept efforts, but that a group dedicated to the Steve Murphy (DFL-Red Wing), cor- electronic payment methods, and re- issue of joint physical custody could more rects a typographical error relating to quires courts to inquire whether a person closely examine the issues and get ahead the transitional rate of special fuel excise convicted of a crime is a veteran with a of the issue. The amendment prevailed tax on compressed natural gas. S.F. 3443, diagnosis of mental illness. The bill also on a 42-22 roll call vote. Members later sponsored by Sen. Paul Koering (R-Fort prohibits private employers from using amended the amendment, at Moua’s Ripley), designates June 27 as Korean War non-conviction criminal records in mak- request, to change the recipients of the Armistice Day. ing employment decisions, requires the study group’s report to include both the commissioner of corrections to review budget and policy panels with jurisdiction Crime, transportation bills okayed guidelines for revocation of parole and over judiciary issues. After an evening recess, Senators supervised release, and creates a working Sen. Don Betzold (DFL-Fridley) of- resumed their consideration of omnibus group to study controlled substance laws. fered an amendment adjusting the time policy bills, Wed., Apr. 30. The measure removes two appropriations for a commitment hearing. Betzold said H.F. 2996, carried by Sen. Linda Hig- riders, one requiring the Board of Public the provision is in response to a Minne- gins (DFL-Mpls.), is the omnibus crime Defense to hire new attorneys and support sota Supreme Court decision. A similar prevention bill. Each year, the Depart- staff and one requiring the District Courts provision was passed as an independent ment of Corrections releases around to establish new drug courts. bill, he said, but a technical deficiency was 7,000 offenders, Higgins said. They face a Sen. Ron Latz (DFL-St. Louis Park) noted when the bill was presented to the number of obstacles that make it hard for offered an amendment exempting the I- governor for signature. I had to ask the them to get a job, find housing or obtain 35W bridge collapse from the single-event governor to veto my bill, Betzold said. He necessary employment licensure, she said. total cap on state liability. The conference said the amendment proposes the correct She said Legislators on the crime preven- committee on the bridge collapse com- language. The amendment was adopted. tion and judiciary panels of both bodies pensation bill has not met in three weeks, Moua offered an amendment contain- have been concerned about the situation Latz said, because the other body has not ing technical provisions requested by the and have studied how to help. A working called a meeting. Time is running out and Dept. of Corrections. The amendment group created last year, she said, made a we need to have a “plan B” to offer the was adopted. number of recommendations, which were survivors, he said. The Senate conferees An amendment modifying a vic- then introduced this year. However, a and the policy chairs with jurisdiction tim’s statement regarding an offender’s fiscal note on the proposal made it clear over the issue agree that eliminating the petition for a certificate of good conduct how many of the initiatives we cannot single-event liability cap is good public was offered by Sen. Warren Limmer (R- afford right now, she said. The proposals policy in general, he said. However, the Maple Grove). Under the bill, the victim were scaled back, Higgins said, and what amendment does not go that far, it only statement is to describe any conduct of we can afford to do is in H.F. 2996. lifts the cap for one event, Latz said. The the offender that has occurred after the The central piece of the bill permits amendment was adopted. offender’s sentencing and that is relevant persons convicted of or adjudicated delin- An amendment requiring the state to the issue of whether the offender has quent for a crime to petition a court for court administrator to convene a study been rehabilitated, including the effect of a certificate of good conduct. To obtain a group to consider the impact that a the conduct on the victim. The amend- certificate, under the bill, the person must presumption of joint physical custody ment removes the language describing have completed the sentence imposed, would have on children, parents and the the content of the victim statement. It is not be required to register as a predatory state’s finance was offered by Sen. Kathy important to let a victim provide a fuller offender, demonstrate rehabilitation, not Saltzman (DFL-Woodbury). There are statement about the offender and whether be abusing alcohol or controlled substanc- many fathers who do not feel they are the victim believes a certificate should be es, and show that issuing the certificate is sufficiently involved in their children’s granted, Limmer said. The purpose of the in the public interest. Under the proposal, lives, because of the way parenting time hearing is to talk about whether the of- the certificate relieves the person of state- was computed, she said. Saltzman said she fender has been rehabilitated after serving imposed collateral sanctions relating to asked to carry a bill creating a presump- the sentence, Higgins said, opposing the eligibility for housing, employment or pro- tion of joint physical custody after its amendment. The bill indicates a prefer- fessional licensing. The bill provides for original author, former Sen. Thomas Neu- ence for the sentencing judge, if still avail-

8 able, to serve as the judge at the petition certificates is now. The amendment was Murphy offered an amendment containing hearing, she said. The judge will already defeated on a voice vote. all of the transportation policy language have the past information available, and An amendment making it a gross except language relating to Real ID. Mur- what is relevant is what has happened misdemeanor to drive a vehicle recklessly phy said the language, contained in an since the offender has re-entered society, and in a way that results in the death earlier bill, H.F. 1351, was vetoed because Higgins said. This is about going forward, of a person was offered by Sen. Michael of the Real ID provisions. He said after she said. The amendment was rejected, Jungbauer (R-East Bethel). There are a lot adopting the amendment, the plan was to 19-42. of distractions on the road and we need send the measure to the other body, which Limmer also offered an amendment to reinforce the importance of focusing would concur with the Senate amend- prohibiting local units of government on safe driving, Jungbauer said. Moua said ment and send the bill to the governor. from adopting ordinances or policies gross misdemeanors have financial im- Sen. David Senjem (R-Rochester) prohibiting or restricting governmental pacts for the state. It may be good policy, offered an amendment to delay imposi- units, officials, or employees from sending but we do not know what it will cost to tion of the gasoline tax increase until to or receiving from federal immigration enforce, she said. The amendment was September of this year. Murphy opposed authorities information regarding the citi- not adopted, 16-47. the amendment and said that delaying zenship or immigration status, lawful or H.F. 2996 was granted final passage, the increase would not significantly lower unlawful, of any individual. The amend- 61-3. gasoline prices. The amendment failed on ment also prohibits local units of govern- Senators also granted final passage a 17-44 roll call vote. ment from restricting federal, state or to H.F. 3800, an omnibus transporta- The measure was given preliminary local government employees from inquir- tion policy bill. Senators had previously passage on a voice vote. ing about a person’s immigration status; granted preliminary passage to the bill’s Sen. David Tomassoni (DFL-Chish- sending immigration information to, or companion measure on General Orders, olm) sponsored a bill, S.F. 2468, changing requesting or receiving information from, Mon., Apr. 28. The bill was granted final the name of Minnesota Technology, Inc. the United States Immigration and Cus- passage, 51-13. to Enterprise Minnesota, Inc. Tomassoni toms Enforcement Agency; maintaining Additionally, members considered said the measure updates language to immigration information; and exchanging several bills on General Orders. S.F. 3058, reflect the changes made in state agency immigration information with any other sponsored by Sen. Ann Rest (DFL-New organization and to reflect the mission of federal, state, or local governmental unit. Hope), authorizes Urban Partnership the organization. The measure was also It is important for law enforcement to Agreements to provide for user fees for approved. enforce the law, which requires determin- use of high-occupancy vehicle lanes and Senators also adopted and repassed ing an individual’s immigration status, dynamic shoulder lanes. Rest said the bill four conference committee reports. H.F. Limmer said. Requiring local law enforce- is needed in order for the state to receive 3477, authored by Sen. John Marty ment to do the work of federal officials federal dollars for congestion reduction. (DFL-Roseville), provides for the regula- breaks down trust between communities’ Rest said that to improve efficiency and tion of lending practices and defaults for residents and local law enforcement, said provide more options to individuals manufactured housing. Marty said the Sen. Scott Dibble (DFL-Mpls.). The traveling in a trunk highway corridor, the bill provides mortgage protections for amendment was not adopted, 27-36. bill authorizes the commissioner of trans- manufactured housing borrowers similar Sen. Julianne Ortman (R-Chanhas- portation to charge user fees to owners to those provided for other home mort- sen) offered an amendment delaying the or operators of single-occupant vehicles gage borrowers. S.F. 2369, sponsored by effective date of the certificate of good using dynamic shoulder lanes and any Rest, requires criminal history background conduct provisions from 2008 to 2010. designated high-occupancy vehicle lanes. checks on volunteer coaches and volun- The amendment also delays the effective Members adopted an amendment, offered teers involved in supervising extracurricu- date of a provision prohibiting private by Rest, establishing an I-35W high- lar school activities. S.F. 2881, carried by employers from using non-conviction occupancy vehicle and dynamic shoulder Sen. Linda Scheid (DFL-Brooklyn Park), criminal records in making employment lane account and specifying the allocation regulates contracts for deed, regulates decisions until 2010. There is not much of revenue in the account. rates of interest on contracts and regu- time between now and this summer for Sen. Ray Vandeveer (R-Forest Lake) lates mortgage lending. Scheid said the our criminal justice system to adjust to offered an amendment changing the al- bill makes adjustments in the predatory these changes, Ortman said. We might location of revenue to provide funds to lending laws enacted last year. S.F. 3674, not be ready for this in three months, she the trunk highway fund. Rest opposed the authored by Moua, is the revisor’s bill said. Ortman cited estimates of the costs amendment and said one of the condi- and corrects erroneous, ambiguous and of processing petitions for certificates of tions imposed by the federal government omitted text, corrects obsolete references good conduct and said the judicial system is that the funds be spent in the corridor. and eliminates redundant, conflicting and is already overburdened. Higgins said The amendment failed on a 16-45 roll call superseded provisions. proponents have worked closely with vote. The bill was then granted prelimi- In other action, Senators granted agencies that are affected by the propos- nary approval. final passage to four bills on the Senate als. They all know this is coming and H.F. 3486, sponsored by Sen. Steve Calendar. H.F. 3195, carried by Sen. Ellen they are ready to act, she said. We do not Murphy (DFL-Red Wing), reallocates pro- Anderson (DFL-St. Paul), establishes the need to wait for two years, Higgins said, ceeds of fees collected since 2005 under state’s intent to participate in a cap and especially when we know the need for the the International Fuel Tax Agreement. trade program for greenhouse gas emis-

9 Floor update sions. The bill was granted final passage, provision simply clarifies the data collec- to Minnesota. Minnesota is the home 43-21. S.F. 3366, authored by Sen. Linda tion and analysis requirement by mandat- of the Hockey Hall of Fame and Sports Berglin (DFL-Mpls.), modifies the phase- ing the use of a recognized classification Illustrated magazine’s “Hockeytown, in of rebased nursing facility operating analysis system and a point allocation USA,” Olson said, and is widely regarded cost payment rates. The bill was granted system. The amendment was defeated, as a state where hockey is grown from the final passage, 57-6. S.F. 3193, sponsored 17-45. ground up, beginning with vibrant youth by Rest, modifies provisions governing Sen. Warren Limmer (R-Maple leagues. The amendment was adopted. access to adoption records and original Grove) offered an amendment requiring An amendment requiring voters to birth certificates. The bill was granted the chair of a legislative budget panel to provide a photo ID when going to the final passage, 48-16. S.F. 1128, authored make any document requested or prepared polls was offered by Sen. Warren Limmer by Sen. Sharon Erickson Ropes (DFL- by the chair available to the panel’s rank- (R-Maple Grove). The amendment also Winona), modifies the use of personal sick ing minority member as soon as the docu- requires voters to verify their citizenship leave benefits. The bill was granted final ment is completed. The amendment was when registering to vote, through use of passage, 53-11. adopted. Sen. David Senjem (R-Roches- a passport, birth certificate, or naturaliza- ter) offered an amendment reducing the tion certificate. Many common financial contribution limits for judicial candidates. transactions require consumers to pres- Thursday, May 1 Under the bill, the judicial candidate ent photo IDs for security, Limmer said, State government bill okayed contribution levels are the same as the but we do not require similar security for Senators granted final passage to a maximums for gubernatorial candidates, the more significant act of voting. Many miscellaneous state government bill on $2,000 in an election year and $500 in naturalized citizens say one of the most the floor, Thurs., May 1. The Senate also other years; the amendment reduces the precious moments is exercising their new concurred in amendments to bills passed maximum to the level for attorney general right to vote, he said. Rest opposed the by the other body, and granted final pas- candidates, $1,000 in an election year and amendment, saying Minnesota is famous sage to five additional bills. $200 in other years. The amendment was for the integrity of its voting system. We Sen. Ann Rest (DFL-New Hope) adopted, 50-15. do not need this kind of extensive ID explained that the contents of H.F. 3494, An amendment reducing the FY 09 requirement, she said. The amendment the miscellaneous state government bill, appropriation for the Legislature by 10 was defeated, 21-41. are almost all provisions removed from percent was offered by Sen. Geoff Michel Limmer offered an amendment pro- finance omnibus bills or passed by the (R-Edina). We face a tremendous shortfall hibiting the use of state funds to provide Senate already. The bill has three articles this biennium and an even larger one next human services to persons who are not dealing with state government, lawful cycle, he said. This is about doing our part legal residents of the United States. There gambling, and elections. in resolving the shortfall, Michel said. are cities in our state that are ignoring Sen. Chris Gerlach (R-Apple Valley) This is not a budget bill, it is a policy bill, federal immigration laws, Limmer said. offered an amendment deleting provi- said Sen. Don Betzold (DFL-Fridley). The State taxpayers should not be required to sions removing salary caps for agency omnibus budget reconciliation package pay for the public policy decisions made heads and other senior executive officials. contains cuts to the Legislature, he said, by cities, he said. Sen. Mee Moua (DFL- The amendment was not adopted. Sen. so we are proposing to do our fair share. St. Paul) said the ordinances are proper Claire Robling (R-Jordan) offered an Majority Leader Lawrence Pogemiller exercises of local authority and do not amendment changing a requirement for (DFL-Mpls.) said the Senate budget interfere with the enforcement of federal state employers to grant paid time off for supports necessary staff and provides for immigration laws. The amendment was employee blood donations to permissive necessary technology upgrades to make defeated, 25-36. authority to grant the paid time off. There legislative work easier. The amend- H.F. 3494 was granted final passage, are costs to the employer beyond the lost ment was not adopted, 15-48. Sen. Betsy 51-13. employee time, she said, and we should Wergin (R-Princeton) offered an amend- In other action, the Senate concurred not make taxpayers pay people to donate ment similar to the Michel amendment, with changes made by the other body to blood. Rest opposed the amendment, but with a five percent cut. Wergin said three bills and repassed the measures. Sen. saying the lost time is minimal in light of her intent was merely to highlight the Yvonne Prettner Solon (DFL-Duluth) the public benefits of blood donation. The need to do more than the three percent moved that the body accept changes made amendment failed, 23-40. cut proposed earlier in the budgeting by the House to S.F. 2706, establishing An amendment removing a provi- process, without having to go so far as a building energy standards. Prettner Solon sion relating to equitable compensation 10 percent cut. She then withdrew the said the changes were technical and aided relationships was offered by Sen. Michael amendment. clarity. Sen. Linda Scheid (DFL-Brook- Jungbauer (R-East Bethel). The provision Sen. Gen Olson (R-Minnetrista) lyn Park) moved that the body accept essentially raises wages across the board, offered an amendment designating ice changes made by the House to S.F. 3132, which has a domino effect of magnifying hockey as the state sport. Olson said regarding the release of medical debt in- budget crunches at all levels of public she was wary of carrying a bill creating formation. Scheid said the changes made employment, he said. We should only another state symbol, especially a state did not affect the intent of the bill. Sen. raise salaries for positions where we need sport. But we are an active state with a Tony Lourey (DFL-Kerrick) moved that to in order to recruit talent, he said. Sen. tradition of connection to sports, she said, the body accept technical changes made Sandra Pappas (DFL-St. Paul) said the and ice hockey has a unique relationship by the House to S.F. 3364, changing the

10 name of the Commission Serving Deaf (DFL-Mankato), modifies boiler operations Scheid authored a bill, S.F. 3594, and Hard-of-Hearing People to the Com- licensing provisions. Sheran said the bill is regulating real estate transactions, defin- mission of Deaf, Deaf-Blind and Hard- needed in order to ensure qualified boiler ing title insurance and regulating closing of-Hearing Minnesotans, and expanding operators are available for future needs. agents. Scheid offered, and members ad- commission duties. S.F. 3056, carried by Sen. Dennis opted, an amendment deleting a provision The Senate also passed four bills on Frederickson (R-New Ulm), provides for relating to notaries public at real estate the Calendar. H.F. 3411, sponsored by Sen. the disposition of proceeds from the sale of closings. The bill was approved on a voice Debbie Johnson (R-Ham Lake), updates Dept. of Natural Resources administrative vote. standards for petroleum products and sites and modifies housing requirements for The Senate also adopted and repassed regulates use of a number to advertise grade environmental learning centers. Sen. Ann three conference committee reports. S.F. of gasoline. S.F. 3058, sponsored by Rest, Lynch (DFL-Rochester) offered an amend- 3138, authored by Lynch, changes provi- provides for high occupancy vehicle lane ment including language from a bill aimed sions for handling genetic information and dynamic shoulder lane use and fees. at maximizing revenue from school trust from newborn screening, sets forth require- H.F. 3486, sponsored by Sen. Steve Mur- fund land. The amendment was adopted ments for providing information to par- phy (DFL-Red Wing), is the 2007 omnibus and the bill was approved. ents, details parental options, and requires transportation policy bill, without a real S.F. 3122, sponsored by Sen. John Doll a report. S.F. 3441, carried by Moua, limits I.D. provision. S.F. 2468, changes the name (DFL-Burnsville), provides for a limited testimony of domestic abuse advocates of Minnesota Technology Inc. to Enter- general dentist license for foreign born without the consent of victims, unless prise Minnesota Inc., and is sponsored by graduates of nonaccredited dental pro- ordered by the court. S.F. 3492, authored Sen. David Tomassoni (DFL-Chisholm). grams. In addition, the bill provides for a by Sen. Tarryl Clark (DFL-St. Cloud), In addition, members considered bills study of alternative approaches to offer- extends the duration of orders for protec- for preliminary passage on General Orders. ing dental coverage to enrollees of public tion and restraining orders after multiple S.F. 3140, sponsored by Sen. Kathy Sheran programs. violations or continued threats.

Senators John Doll (DFL-Burnsville) and Sandy Rummel (DFL-White Bear Lake) confer during the Senate’s Wed., Apr. 30, floor session. Photo by David J. Oakes

11 Committee update Finance nium, but Patti Cullen of the Long Term was the deadliest year for peace officers Care Imperative said the funds are for spe- since 1989, with the exception of 2001. County based purchasing okayed cific projects, not part of baseline budgets. Sen. Satveer Chaudhary (DFL- Senators on the Finance Committee, An amendment suggested by counsel, Fridley) presented the omnibus environ- chaired by Sen. Richard Cohen (DFL-St. and adopted by the committee, removes ment and natural resources policy bill, S.F. Paul), heard six bills, Mon., Apr. 28. All a special revenue fund and transfers the 3385. Fiscal staff said there is no impact the bills were recommended to pass and money to the general fund for the com- on the general fund, and a $5 million loss sent to the full Senate. missioner of health to direct accordingly. in revenue is expected to the game and S.F. 3181, sponsored by Sen. Tony S.F. 3294 requires local government fish fund. The state lands article con- Lourey (DFL-Herrick), modifies county- or state agencies to repay any state money tained in the bill will result in increased based purchasing requirements. The received for an emergency management revenue to the state due to land sales, composition of a mediation panel is modi- project in excess of the match money according to the analyst. fied, and a report is mandated. The bill granted to it by the Department of Public Sen. David Tomassoni (DFL-Ch- also extends a single plan managed care Safety. The proposal is sponsored by Sen. isholm) offered an amendment to direct arrangement until 2010. Sharon Erickson Ropes (DFL-Winona). additional walleye stocking, provided for Sen. Steve Murphy (DFL-Red S.F. 3122, sponsored by Sen. John in the bill, to Leech Lake. The proposal, a Wing) offered an amendment to establish Doll (DFL-Burnsville), provides for bill authored by Sen. Mary Olson (DFL- county-based purchasing plans as a default credentialing of foreign-trained dentists. Bemidji), failed on an 8-9 divided voice Graduates of non-accredited programs vote. status for Winona, Olmsted, Houston, must complete the clinical licensure Sen. Ellen Anderson (DFL-St. Paul) Fillmore, and Mower Counties. examination and meet all other applicant offered an amendment to provide grants Mike Podulke, Olmsted County requirements to receive a limited general to local governments that need financial Commissioner, said it was a chance to dentist license. The individual must prac- assistance to upgrade public wading pools. learn how the program would work in an tice for three consecutive years in Minne- Mandatory implementation of pool safety urban county, and those individuals that sota under a licensed dentist’s supervision. measures passed in the Senate last week. did not make a choice are likely to be the The bill also directs the commissioner The amendment provides $50,000, half most appropriate people for the county of human services to study alternative from the metro parks fund and half from a plans. approaches to offering dental coverage to state trails fund. Up to $10,000 would be Sen. Linda Berglin (DFL-Mpls.) said public program enrollees. The date the available per project. Anderson said the a few county-based programs are running report is due was moved by amendment one-time grants are from available fund in the red, and business should be given from Dec. 15, 2008 to Jan. 15, 2009. balances. The amendment was adopted. to providers based on performance, not S.F. 3056, sponsored by Sen. Dennis Anderson also offered an amendment organization. Frederickson (R-New Ulm), allows rev- clarifying language requiring the Minne- Phil Griffin, representing U Care enue from sales of Department of Natural sota Pollution Control Agency to provide Minnesota, said it was inappropriate to Resources administrative sites to be used follow-up information to those who have debate the issue in the Finance Commit- for improvement or relocation of current received notice of a gasoline tank leak. tee, and because these plans are not re- sites. Current law requires sale revenue Anderson said the amendment satisfies all quired to have reserves, county tax payers to be deposited in the land acquisition parties. The amendment was adopted. must bail out any losses. account for land acquisition only, ac- The committee began discussion on The amendment was adopted. cording to DNR Assistant Commissioner S.F. 3190, a bill holding miscellaneous Lourey also presented H.F. 3372. The Bob Meier. Frederickson said it was an state government provisions sponsored by bill makes technical changes and correc- incentive for the department to pursue Sen. Ann Rest (DFL-New Hope). The tions to the Health Care Administrative consolidation efforts. The bill also makes bill was laid over for further discussion. Simplification Act of 1994. The bill exceptions for space requirements at also allows the commissioner of health environmental learning centers to better State government bill sent to floor to waive certain group purchasers from accommodate adults at these facilities. The Finance Committee heard a mis- the uniform transaction standards under cellaneous public safety omnibus report, certain conditions. Omnibus environment bill gains Wed., Apr. 30. The committee, chaired by S.F. 3673, Lourey’s third bill of the The Senate Finance Committee met Sen. Richard Cohen (DFL-St. Paul), also day, establishes a community consortium to consider three bills, Tues., Apr. 29. The continued discussion of a miscellaneous pilot project to study how long-term care panel, chaired by Sen. Richard Cohen state government provision bill. Both bills systems can be better integrated. The (DFL-St. Paul), moved the omnibus envi- were recommended to pass. proposal directs ten percent appropriated ronment and natural resources policy bill S.F. 3190, sponsored by Sen. Ann in the next biennium to the nursing home and a bill establishing a felony for disarm- Rest (DFL-New Hope), contains three ar- moratorium fund, nursing home facil- ing a peace officer to the floor. ticles of provisions removed from finance ity performance grants, and the service S.F. 2647 makes it a felony to inten- bills or that have been recommended to development grant fund for financing of tionally disarm a peace officer against the pass by the committee process. Six of the the study. officer’s will, punishable by five years in provisions have already passed the Senate. Cohen said that he thought the bill prison and/or up to $10,000. Author Sen. Two provisions have not yet had would affect budgeting in the next bien- Ann Lynch (DFL-Rochester) said 2007 committee recommendations, according

12 to counsel. The first excludes the value courts, and freeing the corresponding sentence imposed, not be required to reg- of donated food to a nonprofit food shelf appropriation for the courts to administer. ister as a predatory offender, demonstrate from inclusion in revenue calculations if The amendment was accepted. rehabilitation, not be abusing alcohol or donated for subsequent distribution at no The committee accepted an amend- controlled substances, and show that issu- charge. The second appropriates $65,000 ment by Sen. Michelle Fischbach (R- ing the certificate is in the public interest. for the construction of a workers memo- Paynesville) changing a reference to the Under the proposal, the certificate relieves rial on the Capitol grounds. radio board in statute from the Safety the person of state-imposed collateral The state government article con- Radio System Planning Committee, a sanctions relating to eligibility for hous- tains provisions modifying commissioner previous name, to the current title of ing, employment or professional licensing. salary caps and state employee equitable Statewide Radio Board. The language is a The bill provides for revocation of the compensation measures, establishing provision of Sen. Joe Gimse (R-Willmar) certificate if the person is subsequently Minnesota Milestones in Sesquicenten- that is in the Finance Committee. convicted of a crime. nial Commission planning and budget Members discussed the fiscal implica- processes, modifying state surplus land Judiciary Budget Division tions of the certificate of good conduct appraisal and sales procedures, requir- provisions. The bill requires certificate ing a report from the Office of Enterprise Omnibus crime bill approved petitioners to pay a $240 filing fee. A Technology regarding assistance provided A package of crime prevention provi- fiscal note on the proposal projects $1.2 to state agencies in planning and manag- sions gained the approval of members million fee revenue in FY 09, but expenses ing information systems, granting paid of the Judiciary Budget Division, Tues., totaling $1.326 million: $1.16 million time off for state employees to donate Apr. 29. The panel, chaired by Sen. Leo for the courts and $166,000 for the Dept. blood, and including appellate court ap- Foley (DFL-Coon Rapids), advanced the of Public Safety. The bill appropriates a pointments in the Commission on Judicial measure, H.F. 2996, to the full Finance total of $1.2 million for certificate of good Selection process. Committee. conduct activities. Senate Fiscal Ana- A lawful gambling article autho- Sen. Linda Higgins (DFL-Mpls.), lyst Chris Turner said the expenses and rizes use of certain medications for horse chief author, said the bill contains policy revenue will need to be reconciled before racing, and clarifies the definition of a provisions that were included in the the bill is considered in the Finance gambling device. omnibus budget bill but removed on the Committee. He advised the panel that the The third article, dealing with elec- Senate floor to keep the budget bill clean. appropriation be split between the courts tions, modifies limits for judicial election The bill also includes initiatives that and the department to fully fund the contributions, and authorizes a general were not “ready for prime time” when the fund transfer to the Help America Vote department’s projected expenses, which budget bill was being considered, she said. were substantiated in greater detail. The Act account. The measure removes an expiration date costs to the courts can be considered in Cohen offered an amendment to on Internet access to Bureau of Criminal a broader discussion of funding judicial appropriate $60,000 to the Capitol Area Apprehension data, directs the commis- operations, he said. The bill was amended Architectural and Planning Board to de- sioners of corrections and employment sign and construct a memorial to Hubert and economic development to develop a to split the $1.2 million appropriation, H. Humphrey in the Capitol area. The marketing plan to attract private employ- $166,000 to the department and $1.034 amendment was adopted. ers to hire inmates through MINNCOR, million to the courts. H.F. 2996, sponsored by Sen. Linda authorizes the judicial branch to accept Higgins (DFL-Mpls.), is the public safety electronic payment methods, and re- Rules and Administration omnibus bill. The bill includes three sec- quires courts to inquire whether a person tions with financial impact, according to convicted of a crime is a veteran with a Economic development bill gains Higgins. The first establishes a certificate diagnosis of mental illness. The bill also The Rules and Administration Com- of good conduct for qualifying individu- prohibits private employers from using mittee, chaired by Sen. Lawrence Pogemi- als released from prison. A $240 fee is non-conviction criminal records in mak- ller (DFL-Mpls.), met briefly Mon., Apr. established for the certificate. The second ing employment decisions, removes an 28, to consider a provision in H.F. 3722. section authorizes the judicial branch to appropriations rider requiring the Board The bill, authored by Sen. David Tomas- accept credit cards for fees and payments of Public Defense to hire new attorneys soni (DFL-Chisholm), contains numerous ordered by the courts and to impose a and support staff, requires the commis- provisions relating to economic devel- transaction fee. The third strikes language sioner of corrections to review guidelines opment in the state. However, the bill from last year’s legislation requiring the for revocation of parole and supervised needed to come before the committee be- Board of Public Defense to hire 34 more release, and creates a working group to cause of a provision calling for Legislators attorneys and 11 support staff. The section study controlled substance laws. to be appointed to a trade policy advisory is in anticipation of budget cuts to the A major element of the bill is the group. Tomassoni said a bill passed last board, explained Higgins. The bill has a creation of a certificate of good conduct, year established a working group to discuss net neutral impact on the general fund, Higgins said. The bill permits persons the state’s role in trade policy and the according to a fiscal analyst. convicted of or adjudicated delinquent for establishment of the advisory group was Sen. Leo Foley (DFL-Coon Rap- a crime to petition a court for the certifi- one of the recommendations. Members ids) offered an amendment removing a cate. To obtain a certificate, under the approved the measure and advanced the requirement to establish additional drug bill, the person must have completed the bill to the Senate floor.

13 Committee update

Following their tour of the Capitol, Senator Kathy Sheran meets with Mankato’s Mt. Olive Lutheran School sixth graders in the Rotunda, Tues., Apr. 29. Photo by David J. Oakes Senate audit report heard Pension bill gains tains several miscellaneous bills relating to Members of the Rules and Adminis- The Rules and Administration Com- local government. Rest said the underly- tration Committee met Wed., Apr. 30, to mittee, chaired by Sen. Lawrence Pogemi- ing bill, relating to ditches in Hennepin accept the Senate audit for FY 2007. The ller (DFL-Mpls.), met briefly Thurs., May County, was noncontroversial. However, because of the need to find a vehicle for audit, performed by the firm of Virchow, 1, to take action on two bills captured under Joint Rule 2.03, the rule dealing the miscellaneous local government bills, Krause and Company, LLP, is done annu- with late bills. the measure was amended to include bills ally to ensure Senate financial transac- S.F. 2720, sponsored by Sen. Don ranging from allowing pets to accompany tions comply with accounting standards. Betzold (DFL-Fridley), is the omnibus their owners at outdoor cafes and res- Jim Murray, of the audit firm, said that pension bill. Betzold explained that the taurants to providing for business energy because of changes in auditing standards, bill was late because members of the use accountability. Committee members additional documentation will be required Legislative Commission on Pensions and adopted the bill’s committee report and for future audits. The audit, as presented Retirement were unable to meet until advanced the measure to the full Senate. to the panel, found that the Senate met after the second deadline. The measure the accounting standards and had no was approved by the commission last week State and Local Government material problems. The panel, chaired by and was heard by the State and Local Government Operations and Oversight Sen. Lawrence Pogemiller (DFL-Mpls.), Operations and Oversight Committee Wed., Apr. 30. Members ap- adopted a motion to accept the audit proved a motion to accept the committee Compensation, pension bills gain and discussed the appointment of a small report and send the bill to the Committee The State and Local Government working group to ensure a smooth transi- on Finance. Operations and Oversight Committee met tion to the new audit documentation The second bill, S.F. 3857, sponsored Wed., Apr. 30, to consider appointments requirements. by Sen. Ann Rest (DFL-New Hope), con- and to take action on three bills.

14 The panel began by discussing S.F. Sen. Don Betzold (DFL-Fridley) A representative of Education 3793. The bill, sponsored by Sen. Tarryl sponsored the omnibus pension bill, H.F. Minnesota opposed the portion of the Clark (DFL-St. Cloud), proposes a consti- 3082. The bill contains the recommenda- bill authorizing the merger of the post- tutional amendment for a council to pre- tions of the Legislative Commission on retirement fund with active funds should scribe salaries for Legislators, judges and Pensions and Retirement. Betzold said the the balance fall below a certain amount. constitutional officers. Clark explained first portion of the bill makes changes in Betzold said benefits like retirement under that currently there is a statutory provi- post-retirement provisions relating to the the Rule of 90, in which an employee’s sion for a compensation council, but the post-retirement adjustment mechanism. combined years of service and age equal Legislature must act on the recommenda- The bill also specifies that if the post- 90, cannot be sustained over the long tions of the council. The bill eliminates retirement fund falls below 80 percent term. the need for the Legislature to approve funded in one year or below 85 percent The measure was advanced to the compensation recommendations. Under funded in two consecutive years, there Finance Committee. the bill, the council is also to set the per would be a flat 2.5 percent post-retirement Committee Chair Ann Rest (DFL- diem living expenses for Legislators. Clark adjustment and the fund assets would be New Hope) sponsored a measure, S.F. said removing the need for the Legislature transferred to the individual retirement 3857, authorizing an alternative transfer to approve salary increases removes much funds. The bill also updates the post- procedure in Hennepin County for drain- of the awkwardness of the process. retirement options program and creates a age system management. Rest offered, and members adopted, an amendment Former Sen. Roger Moe spoke in return to work agreement program within containing local government policy provi- support of the measure. Moe said a com- the Teachers Retirement Association. sions that will serve as an omnibus policy mission looking at ways to improve the Betzold said the bill mandates a joint bill. The amendment contains provisions legislative process also looked at Legisla- and survivor benefit form, makes numer- allowing companion dogs to accompany tive compensation. He said the current ous administrative changes, expands the persons patronizing outdoor areas of salary for Legislators has not been changed Minnesota State Retirement System-cor- food and beverage service establishment, since 1999 and that the salary may act as a rectional plan coverage, makes changes to providing for business energy use account- deterrent to individuals running for office. provisions of the Minnesota State Retire- ability, increasing the fee charged by In addition, Moe said the commission ment System unclassified retirement pro- county registrars for any document affect- recommended that the salary be increased gram and provides for Public Employees ing two or more units in a condominium, substantially, but that per diem payments Retirement Association members whose and allowing the Minneapolis Park and be eliminated. employer has become a private, rather Recreation Board and the Minneapolis The bill was approved and advanced than a public employer. Other changes City Council to impose a public land to the Rules and Administration Com- include modification of provisions relat- dedication fee on new commercial and mittee. ing to financial and actuarial reporting, industrial development. Members also The committee approved the ap- retirement savings programs, and public adopted an amendment removing provi- pointments of Felicia Boyd and Hilda employee police and fire retirement plans. sions of the bill relating to commuter rail Betterman of the Campaign Finance and Finally, Betzold said there were a number development. The bill was approved and Public Disclosure Board. of provisions relating to individuals. advanced to the Senate floor.

Thursday, May 1, was a popular day for rallies at the Capitol. Left, several dozen Iraq war protesters march down John Ireland Boulevard on their way to the Xcel Energy Center. Center, Kelly Schmidt of Minneapolis dances in front of the Capitol during festivities marking the annual National Day of Prayer. Right, Jimmy Riso, from Mexico, pounds on his homemade drum in front of the Capitol, during a rally addressing immigration issues. Photos by A.J. Olmscheid

15 Senate Briefly

Page 2 Highlights

Page 5 Floor update

Page 12 Committee update

In anticipation of Minnesota’s 150th birthday, May 11, the chandelier is illuminated high above the Capitol Rotunda, Fri., May 9. Photo by A.J. Olmscheid May 9, 2008 Senate Highlights Conference spending scrutinized stretches over two years and involves over All of the factors were considered, Hamm Recent allegations surrounding a state 200 employees, Holsten said. He said said, but the unique opportunity weighed department’s involvement in funding a the department is collaborating with the in favor of having everyone attend. He national conference was the focus of a legislative auditor on the conflict of inter- said the department does have manda- special joint meeting of the Senate Envi- est allegations and has asked the Dept. tory training for all officers frequently, but ronment, Energy and Natural Resources of Employee Relations about contracting schedules the training to be held at least Budget Division and the House Environ- with an external firm to conduct a sepa- twice. It is not a common practice for us ment and Natural Resources Finance Di- rate vetting of the issue. The data prac- to pull all the officers from the field for vision, Fri., May 9. The panels, chaired by tices issue involves the possibility that a training simultaneously, he said. Kramka Sen. Ellen Anderson (DFL-St. Paul) and newspaper reporter did not receive all the said Legislators should not focus solely Rep. Jean Wagenius (DFL-Mpls.), heard information he requested and was legally on training at the conference. Many of from officials in the Dept. of Natural entitled to receive, Holsten said. We are the events not designated as training fall Resources and the legislative auditor. The investigating whether the reporter got within the category of employee develop- allegations surround the annual confer- everything, and if not, who was involved ment, he said. ence of the North American Wildlife in withholding information, he said. Legislative Auditor Jim Nobles said Enforcement Officers Association, held in Assistant Commissioner Larry he learned of the allegations through a St. Paul in mid-July 2007. Kramka and Chief Financial Officer newspaper article. The same day, he said, The allegations are “ones we are not Denise Anderson reviewed the details he notified Holsten that the Legislative taking lightly,” said Commissioner Mark of more than $180,000 in state spend- Auditor’s Office would begin an inves- Holsten, DNR. He said the department ing on the conference. The expenses tigation. We will use the full panoply of has initiated internal investigations. did not include allocating salaries to resources at our disposal to investigate Because of the strictures surrounding conference-related activities, Kramka said. the allegations raised and any that arise internal investigations, he said, the de- A breakdown of the expenses, provided during our investigation, Nobles said. He partment cannot answer all the questions by the agency, indicated that the expenses said the office will move expeditiously, but the panel members may ask. Due to the included registration, lodging, parking, does have other ongoing investigations severity of the allegations and the possible travel and meals for all of the state’s 204 to conclude before full attention can be consequences, we need to act cautiously, conservation officers to attend, as well devoted to the conference matter. We will Holsten said. We will provide as much as similar expenses for 40 non-licensed seek documents from the department and information as we can when we can, he DNR staff and 60 volunteers who were private groups, he said. Nobles clarified said. facilitating the conference. The expenses that the office will not hold public hear- Holsten said the allegations fall into also included $1,728 for a conference ings or issue interim reports, and docu- three identified topics: the financing website and a $35,500 grant to the Min- ments surrounding its work will be classi- of the conference, possible conflict of nesota Conservation Officers Association. fied as nonpublic while the investigation interest issues, and alleged data practices Kramka said the grant was for services proceeds. However, once we complete our violations. On the financing, we are try- rendered by the MCOA in preparing for investigation and issue a final report, he ing to put together the paper trail, which and putting on the conference, and was said, everything will be public data unless disbursed on a reimbursement basis, rather we have reason to classify it. than as a block grant. Hosting the confer- Senate Briefly is a publication of ence was an agreement between two Delta exec heard the Minnesota Senate Publications private parties, MCOA and NAWEOA, Conversations surrounding the merg- Office. During the regular Legislative Ellen Anderson said. We need to know er of Northwest Airlines and Delta Air Session, it is produced weekly. The how the state ended up on the hook for Lines continued, Mon., May 5, as mem- publication is a service of the Minne- paying to fulfill the agreement, especially bers of the Business, Industry and Jobs sota Senate. It can be made available when the private parties ended up making Committee met with Delta’s president and a profit on the event, she said. chief financial officer, Ed Bastian. in alternative formats. Col. Mike Hamm, the chief conserva- The future of the merged airlines is tion officer, said he decided to require all a topic of great importance to our em- Editor/Writer: the conservation officers to attend because ployees, customers and host communi- Karen L. Clark the training available at the national ties, Bastian said. The merger creates a convention is superior to state or local of- global network and the financial stability Assistant Editor/Writer: ferings. This was a unique opportunity for to compete in a changing marketplace, Joshua A. Dorothy training experiences, keynote presenta- he said. Bastian called the combination tions and interaction with colleagues from of Northwest and Delta “a merger of Writer: across the continent, he said. Wagenius addition, not subtraction.” Other airline Danielle Cabot said she was concerned about the message mergers have failed because they were being sent by taking the entire corps of proposed out of necessity or vulnerability, conservation officers out of the field for he said, while Northwest and Delta have Photographers: at least three days—and as many as five strategically chosen to merge when they David J. Oakes days when travel time is included—at the are strong. Merging gives the companies A.J. Olmscheid height of the summer recreation season. the financial strength to fight the chal-

2 lenges facing the industry, he said. Bastian Europe, Africa and South America. Both Minnesota and elsewhere, he said. The said there will be casualties in the airline Delta and Northwest have proud histories exact list of employment functions that industry, but Delta and Northwest do of serving small communities, he said. The will be located in Minnesota is not yet not plan to be among them. We will be combined airline will be the domestic car- final, he said, but the merger’s “impact positioned to take on the customers of rier serving the most small communities, on employees at Delta and Northwest is failed airlines, he said, and benefit from he said. The economic model of hubs and uppermost on our minds.” Bastian noted the ability to reduce administrative costs, spokes depends on traffic from small com- that Delta has a history of working with streamline processes, achieve economies munities feeding into the hubs, Bastian its employees, including never undergo- of scale with vendors and add revenue said. We have long-standing investments ing a strike in its 80-year history. Treating through new routes and services. in the customers, facilities and employees employees at both companies with dignity, Bastian addressed concerns about the of our hubs and their surrounding commu- respect and fairness is a guiding principle future of the Northwest hub at Minne- nities, he said, and we do not plan to undo in the merger, he said. The merger plan apolis-St. Paul International Airport and the efforts. includes setting aside stock in the com- of airline service in Minnesota generally. Because the merged airline will use bined company for employees to have The hub will remain “full and vibrant,” he the Delta name and Atlanta headquarters, an unprecedented ownership stake in an said, because of its excellent geographic Bastian acknowledged that Minneso- airline, Bastian said. Additionally, the location and proximity to the headquar- tans are concerned about the impact of airline plans to bring its employees up to ters of dozens of Fortune 1000 companies. the merger on Minnesota employment. industry compensation standards, which The Twin Cities are positioned to have Even with an Atlanta headquarters, we both airlines lag now, he said. The airline non-stop access to more locations, Bastian will have major international, national has pledged to respect employee prefer- said, by leveraging Delta’s strengths in and regional employment centers in ences on representation and will honor Northwest’s existing collective bargaining agreements until the post-merger labor relations situation is resolved, he said.

Compensation amendment gains Members of the Rules and Admin- istration Committee, chaired by Sen. Lawrence Pogemiller (DFL-Mpls.), met Thurs., May 8, to consider a resolution regarding peak oil and two bills proposing amendments to the state Constitution. S.F. 3793, authored by Sen. Tarryl Clark (DFL-St. Cloud), is a proposal for a constitutional amendment to establish a citizens’ council to prescribe salaries for Legislators and constitutional officers. Clark said, “We now have a compensation council that makes recommendations for legislative and constitutional officer sala- ries, but the Legislature must enact legisla- tion and the governor must sign the bill for the recommendations to take effect.” The current system presents an ongoing challenge, both through public perception and an inherent conflict of interest, Clark said. She said the proposal takes Legisla- tors out of the process completely and allows a citizen council to study the full range of factors contributing to compen- sation. Passage of the measure is aimed at addressing the increasing difficulty of recruiting candidates and retaining office holders. Clark offered an amendment, which was adopted, removing the judicial branch from the jurisdiction of the compensa- Delta Air Lines President Ed Bastian appears before members of the Business, In- tion council and limiting the 16 member dustry and Jobs Committee, Mon., May 5, to address concerns regarding the merger council to no more than four past office holders. of Northwest Airlines and Delta. Photo by A.J. Olmscheid

3 Senate Highlights Sen. Gen Olson (R-Minnetrista) said majority and to eliminate the provisions is a major storm coming and we need the the proposal is asking the people to give allowing presiding officers to initiate a vision to see through the storm.” He said the compensation council the author- Special Session. the point of maximum production (peak ity to implement its recommendations. Langseth said that the language was oil) will occur sometime between now Sen. Keith Langseth (DFL-Glyndon) also essentially meaningless, because if circum- and 2040 and that now is the time to spoke in support and said, “Compensation stances were so extraordinary, the gover- begin preparing for the effects of declining should not be so high that it is the reason nor would call a Special Session before oil supplies. He said increasing demand, candidates run, but it should not be so low the two-thirds majority could be obtained. declining oil resources and falling oil pro- that people are discouraged from serving.” Sen. Dennis Frederickson (R-New duction will create a global crisis. Carlson The bill was recommended to pass Ulm) said that there is already one con- said the resolution calls upon the governor and advanced to the Senate floor. stitutional amendment scheduled to be to recommend funding and give direction Members also considered a proposal, on the ballot and that usually, the more to state departments for the development S.F. 3072, for a constitutional amendment constitutional questions put to the voters, of a response plan as soon as possible. to allow the Legislature to call a Special the greater the likelihood the questions Sen. Linda Berglin (DFL-Mpls.) said Session, with a limited agenda, for no will fail. it is unusual for the Legislature to ask a more than seven Legislative Days, upon Sen. David Senjem (R-Rochester) governor to do a particular task; it is the agreement of a two-thirds majority of both questioned the need for a constitutional governor who develops proposals and bodies. Sen. Ann Rest (DFL-New Hope), amendment. Rest responded that it was a seeks funding. However, Senjem said that the bill’s author, said, “Thirty-three other question of the balance of powers between discussing the resolution will focus atten- states have procedures whereby the Legis- the branches of government. By having tion on the problem. lature can call a Special Session.” Current the ability to call a Special Session, there Members adopted an amendment law allows only the governor to call a is an assertion that the legislative branch deleting a provision advocating the adop- Special Session, but in case of extraordi- is truly an equal branch of government. tion of a global oil depletion protocol nary circumstances there should be a way Members laid the bill over for further and altering language to specify that the for the Legislature to hold a Special Ses- discussion and possible amendment. governor task appropriate state depart- sion, she said. Rest said the bill originally The panel also advanced a resolution, ments to develop a statewide assessment allowed either the presiding officers or a H.F. 995, memorializing the governor to to evaluate the impact of a decline of majority of both bodies to call a Special take action to prepare a plan to meet the petroleum availability and higher prices. Session, but the proposal was amended challenges of peak oil. Sen. Jim Carlson The measure was approved and advanced in committee to increase the needed (DFL-Eagan), chief author, said, “There to the Senate floor.

Senators Mary Olson (DFL-Bemidji) and Ron Latz (DFL-St. Louis Park) consult in the Senate Chamber during the Thurs., May 8, floor session. Photo by David J. Oakes

4 Floor update Monday, May 5 ment of their foreclosure for up to 12 unconstitutional. She said the bill goes months. The bill requires shared respon- outside the scope of Legislative authority. I-35W bridge compensation fund, sibility between homeowners and lend- Anderson said previous bills to provide home foreclosure relief bills gain ers. The homeowner must make reduced remedies to foreclosures have been upheld One of the highlights of the Mon., payments and, in exchange, the lender by the U.S. Supreme Court. May 5, floor session was final passage gets payments on a home without the An amendment, sponsored by of the bill providing compensation to home’s losing value. Anderson offered an Gerlach, requires borrowers to show an in- victims of the I-35W bridge collapse. amendment that requires a homeowner to ability to make full payments of principal Sponsor Sen. Ron Latz (DFL-St. Louis seek assistance from a foreclosure coun- and interest on the foreclosed loan. Ger- Park) said there had been drastic differ- selor, allows a lender to choose between lach said the amendment is an attempt to ences between the Senate version and the negotiating and deferring the foreclosure narrow the focus of the bill, rather than language of the other body. and allows the lender to cancel the defer- allowing everyone to be able to defer their The conference committee version, ment if the homeowner does not accept loans. The amendment failed on a 26-38 H.F. 2553, expedites payments to victims a negotiated agreement. Anderson said roll call vote. and avoids litigation without accepting one of the major difficulties in negotiating Sen. Warren Limmer (R-Maple any liability on the part of the state, said loan modifications is getting out-of-state Grove) offered an amendment specifying Latz. A fund of $24 million provides up lenders to the table. She clarified that the that, during the deferment period, no real to $400,000 in compensation to most measure does not apply to loans originated estate taxes may be paid with respect to survivors. The bill also lifts the $1 mil- by a state or federally chartered bank, the property subject to the eligible federal lion per incident cap, retroactive to Aug. savings bank, credit union, or an organiza- loan from any escrow account. Limmer 1, 2007. A fund of $12.64 million in tion majority owned by one or more credit said if businesses are not going to be paid supplemental appropriations is established unions. The amendment was adopted on a under the terms of the mortgage, then to compensate for excess economic loss 40-16 roll call vote. government should go without payments not compensated by the first fund. A grant Sen. Chris Gerlach (R-Apple Valley) also. The amendment failed on a 13-49 of $610,000 is made to Waite House to said the bill is not targeted to those who roll call vote. provide services to youth and families of have been victims of fraud, will impact The bill was granted preliminary pas- youth who were on a school bus when the secondary lending market, and will sage on a 34-29 roll call vote. the bridge collapsed. An appropriation of have implications on the credit markets in H.F. 3372 updates uniform billing and $750,000 is made to finance administra- the state. electronic claim practices and allows the tion of a three attorney panel appointed An amendment, offered by Ander- commissioner of health to permit certain by the state Supreme Court chief jus- son, changes the name of the bill to the group purchasers to be exempt from the tice that will determine compensation Subprime Borrower Relief Act of 2008. uniform transaction standards if necessary. amounts. The deadline for claimants to The amendment was adopted. Anderson The proposal is sponsored by Sen. Tony file a claim is Oct. 15, 2008. offered a third amendment requiring Lourey (DFL-Kerrick). Much of the balance of the floor ac- foreclosing lenders to provide written S.F. 3493 provides a technical correc- tion focused on bills on General Orders. notice of deferment to all parties who tion to flood relief legislation. The bill re- All of the bills were granted preliminary request notice of foreclosure or who are quires local governments or state agencies passage. listed as a holder of a security interest in to repay any state money received for an A great deal of debate centered on a the property. emergency management project in excess bill providing relief for homeowners facing Gerlach offered an amendment re- of the match money granted to it by the foreclosure. Sen. Ellen Anderson (DFL- quiring those who request a deferment to Department of Public Safety. The proposal St. Paul) said S.F. 3396 is a response to demonstrate that they were the victims of is sponsored by Sen. Sharon Erickson the record number of home foreclosures fraud or misrepresentation in the origina- Ropes (DFL-Winona). currently taking place. Anderson said the tion of the foreclosed loan. Gerlach said S.F. 3467, sponsored by Sen. Linda bill, the Minnesota Subprime Foreclo- the purpose of the bill is to limit the defer- Scheid (DFL-Brooklyn Park), is an om- sure Deferment Act of 2008, is aimed at ments to those who were victims of fraud, nibus miscellaneous commerce provision helping Minnesotans save their homes. but the bill does not state that purpose. bill. The bill includes numerous technical She said the rate of foreclosure has not Anderson opposed the amendment and changes and corrections, Scheid said. Sc- been seen since the Great Depression of said, “Lenders were providing easy credit heid offered an amendment that increases the 1930s. About 12,000 families will be and many people did not understand a vehicle seller’s document fee limit to helped by the bill, Anderson said. Ander- what they were getting into.” She said $75, clarifies language regarding cancer son said some 40,000 families are facing the bill targets subprime loans and nega- screening, allows individuals to electroni- foreclosure. Anderson said, “Our commu- tive amortization loans. Sen. Rod Skoe cally enroll in Medicare supplement plans, nities are being hit hard by foreclosures.” (DFL-Clearbrook) spoke in support of allows for a merger of underwriting as- In addition, she said foreclosures lead to the amendment and said the language in sociations and allows an individual to sell lowered values and more crime in hard hit the bill is too expansive. The amendment timeshares under supervision of a limited neighborhoods. failed on a 25-35 roll call vote. broker licensee. Anderson said the bill allows hom- Sen. Julianne Ortman (R-Chan- H.F. 2877 establishes a felony penalty eowners, who received subprime loans hassen) said the bill is making statutory for intentionally disarming a peace officer between 2001-2007, to request a defer- changes to contractual language and is against the officer’s will, punishable by five

5 Floor update years in prison and a fine up to $10,000. passage to the omnibus tax bill. Other ac- also does not replace the revenue it would The proposal is authored by Sen. Ann tion included final passage of measures on cut in the short-term, leaving the budget Lynch (DFL-Rochester). the Calendar and preliminary passage of unbalanced. The amendment failed on a Members also granted final passage to bills on General Orders. 30-34 roll call vote. several bills on the Calendar. S.F. 3140, H.F. 3149, carried by Sen. Thomas Sen. David Hann (R-Eden Prairie) authored by Sen. Kathy Sheran (DFL- Bakk (DFL-Cook), is the omnibus tax bill. offered an amendment creating a gas tax Mankato), makes a number of changes to Senators first approved a procedural mo- holiday for July- October 2008. Minnesota boiler operations licensing procedures. S.F. tion, offered by Bakk, amending the bill families and businesses would save needed 3056, carried by Sen. Dennis Frederickson to include the language of the tax bill, S.F. money under the amendment, Hann said. (R-New Ulm), modifies permanent school 2869, passed by the Senate, Apr. 3. Under The amendment was defeated, 18-42. Sen. fund provisions, provides for the disposi- the state Constitution, revenue bills must Julianne Ortman (R-Chanhassen) offered tion of proceeds from the sale of Dept. of arise in the other body; the Senate tabled an amendment providing a phased-in Natural Resources administrative sites and its bill after passing it, in order to await subtraction of military retirement pay modifies requirements for environmental the House File. from state income tax calculation. The learning centers. S.F. 3122, sponsored by Sen. Pat Pariseau (R-Farmington) amendment was defeated, 27-32. Sen. Sen. John Doll (DFL-Burnsville), pro- offered an amendment removing language Warren Limmer (R-Maple Grove) of- vides for a limited general dentist license expanding the transit taxing district to in- fered an amendment excluding Social for graduates of non-accredited dental clude the entire Metropolitan Area. The Security benefits from income taxes. The programs and provides for a study of residents of the communities being added, amendment was not adopted, 24-37. Sen. alternative approaches to offering dental especially in Farmington and Lakeville, Betsy Wergin (R-Princeton) offered an coverage to enrollees of public programs. need to be heard before they are included amendment providing for a transfer of the S.F. 3594, authored by, regulates real in the taxing district, she said. Sen. Scott positive unrestricted balance in the health estate transactions and regulates closing Dibble (DFL-Mpls.) opposed the amend- care access fund to the general fund. agents. H.F. 3376, carried by Sen. Patricia ment. People who live outside the taxing Under the amendment, the transferred Torres Ray (DFL-Mpls.), makes technical district are using transit services, espe- funds must be used to pay for the costs of changes relating to the Minnesota family cially park and ride lots, paid for by people state-financed health care programs. The investment program, child care assistance within the district, he said. It is a matter amendment was ruled out of order as not and the child care assistance sliding fee of simple fairness to add communities that being germane to the bill; the ruling was scale. use the services to help pay for them, he upheld by the body, 39-19. Ortman offered an amendment pro- In addition, members acted on a said. The amendment was defeated, 17-47. hibiting valuation increases, for two years, number of conference committee reports. Sen. Geoff Michel (R-Edina) offered for property tax purposes. Homeown- S.F. 2379, authored by Sen. Thomas Bakk an amendment reducing the corporate (DFL-Cook), makes a technical change in ers deserve a little relief in this housing income tax by one percentage point a market, Ortman said, especially when eminent domain provisions. Bakk said the year for ten years, when the rate falls other body receded from its amendments many homeowners are not seeing their to zero. Minnesota companies are cut- market values rise. Bakk said that valua- and the bill is the same as when it first ting jobs here and expanding elsewhere, passed the Senate. S.F. 2909, sponsored tion is only part of the story in calculating Michel said. He noted that Medtronic is property taxes. The amendment does not by Sen. Rick Olseen (DFL-Harris), allows cutting over 300 jobs in Minnesota, 3M tenants to pay utilities if a landlord fails actually freeze property taxes, he said. The is expanding in Texas rather than Min- amendment failed on a 17-42 roll call to do so. S.F. 3303, carried by Sen. Linda nesota, and the post-merger headquarters Higgins (DFL-Mpls.), creates a nonprofit vote. Sen. Ray Vandeveer (R-Forest Lake) of Northwest and Delta will be in Geor- offered an amendment capping property riverfront development corporation. S.F. gia. States across the country, and even 3563, carried by Erickson Ropes, clarifies taxes as a percentage of income. The other nations, are reducing their corpo- amendment was rejected, 18-37. Sen. Dan human services licensing fine provisions. rate income taxes to grow jobs, he said. Sparks (DFL-Austin) offered an amend- Finally, members granted final passage In a recessionary economy, Michel said, ment repealing a deduction of a school to the human services policy bill. H.F. growing jobs should be our number one district’s wind-energy production tax rev- 3222, sponsored by Sen. Linda Berglin priority. If corporate taxes were the only enue from its general education aid. The (DFL-Mpls.), was passed last week. The factor businesses cared about, then South amendment was adopted, 31-30. purpose of repassing the House File is to Dakota would be a corporate Mecca, Bakk Sen. Julie Rosen (R-Fairmont) said add the language of S.F. 3168, send the said. But that is not the case, he said, she continued to be disappointed that the measure to the other body and allow for because corporations care about a number bill ends the JOBZ program. Greater Min- the appointment of a conference com- of items, not just taxes. He acknowledged nesota has benefited from the program, mittee. The bill gained final passage on a that corporate taxes are notoriously she said. It is wrong to take away a viable 56-10 roll call vote. volatile and revenue stability is a desir- economic development tool from Greater able feature of future revenue policy. We Minnesota, Rosen said, while subsidizing Wednesday, May 7 need to have a discussion about stabilizing growth at the Mall of America. our revenues and how corporate taxes fit The tax bill, H.F. 3149, was granted Omnibus tax bill passed into the mix, he said. But the place for final passage, 35-27. Senators used the first portion of the the discussion is not on the Senate floor, Senators granted final passage to Wed., May 7, floor session to grant final Bakk said. He noted that the amendment four bills on the Senate Calendar. S.F.

6 Senate President Pro Tem Dennis Frederickson (R-New Ulm), left, visits with Senate President James Metzen (DFL-South St. Paul) at the President’s Desk during the Thurs., May 8, floor session. Photo by David J. Oakes 3396, authored by Sen. Ellen Anderson quires the recordings to be preserved for at pality must administer and enforce the (DFL-St. Paul), permits homeowners with least three years. Second, the bill permits State Building Code. Members adopted an subprime mortgages to receive foreclosure courts to award attorney fees to prevail- amendment, offered by Bakk, permitting deferments. The bill was granted final ing plaintiffs who have sued a public body the use of ungraded lumber in communi- passage, 37-27. The remaining three bills that has ignored a written Data Practices ties where ungraded lumber is currently drew few or no dissenting votes. H.F. Act opinion from the commissioner of permitted. Bakk said the prohibition on 3372, carried by Sen. Tony Lourey (DFL- administration. ungraded lumber has prevented many Kerrick), changes provisions for uniform Sen. Gary Kubly (DFL-Granite Falls) communities from adopting the Build- medical billing forms and electronic carried a bill, H.F. 3585, authorizing local ing Code. The amendment also modifies claim filing. H.F. 3493, sponsored by Sen. governments to engage in community- the insurance requirements for residen- Sharon Erickson Ropes (DFL-Winona), based energy development projects. The tial contractors and permits the Duluth requires local communities that have bill prohibits local governments from Entertainment and Convention Center to received disaster relief assistance to repay using eminent domain to acquire property enter into a construction manager at-risk any state money received that is in excess for a C-BED project. The measure also contract. of the FEMA and state match money permits counties to enter into agreements granted to them. H.F. 2877, carried by for the purchase of electrical energy from Conference reports adopted Sen. Ann Lynch (DFL-Rochester), makes one or more projects and enter into agree- Several major conference committees it a felony to disarm a peace officer. ments with a utility for the purchase and were also adopted and repassed during the Three measures were granted prelimi- sale of the electrical energy purchased. latter portion of the Wed., May 7, floor nary approval on General Orders. H.F. H.F. 3574, carried by Bakk, clarifies session. 3367, carried by Sen. Don Betzold (DFL- that the State Building Code is the stan- S.F. 3337, authored by Sen. Yvonne Fridley), modifies the Open Meeting Law dard that applies statewide for the con- Prettner Solon (DFL-Duluth), is the and the Data Practices Act. The bill re- struction, reconstruction, alteration, and omnibus energy and telecommunica- quires closed meetings to be electronically repair of buildings and other structures tions policy bill. Changes made by the recorded at the expense of the public body governed by the code. It also changes the conference committee, Prettner Solon holding the closed meeting; the bill re- method of determining whether a munici- said, include provisions requiring utili-

7 Floor update

Senators Patricia Torres Ray (DFL-Mpls.), left, and Betsy Wergin (R-Princeton) discuss legislation during the Senate’s Thurs., May 8, floor session. Photo by David J. Oakes ties to provide landowners with copies were ruled not germane. The amendments provides protection of reservist-owned of appraisals before presenting eminent might have been germane to an omnibus business during active service, prohibits domain petitions, changing the defini- energy bill, if we had heard one, she said. discrimination against families of service tion of “farm-grown closed-loop biomass,” Amendments are one of the few ways the members, and requires the commissioner converting the Legislative Electric Energy minority has an opportunity for input on of veterans affairs to collect and maintain Task Force into a Legislative Energy Com- legislation, Koch said. Though this was data about Minnesota residents who have mission, and specifying notice require- more about expedience than intention- died of service-connected causes while ments for electric energy projects. She ally slighting anyone, I am disappointed serving in the United States armed forces. said a broadband mapping project was in how this happened, she said. Prettner The bill was repassed on a unanimous roll broadened by the conference committee, Solon said she appreciated and understood call vote. and the other body’s provisions relat- the concern about process. However, it The omnibus education policy ing to reporting of high-global warming was the other body that decided to turn conference committee report, S.F. 3001, potential greenhouse gases and disclosing the bill into an omnibus measure, she said. was also adopted. Sen. Charles Wiger mobile air conditioner leakage rates were S.F. 3337 was repassed, 51-13. (DFL-Maplewood), chief author, said the accepted by the conferees. The conference committee report Senate’s age 18 drop-out language was re- Sen. Amy Koch (R-Buffalo) said she on S.F. 3683, the omnibus agriculture tained, while there was a compromise on objected to the process that led to the and veterans’ policy provisions, carried physical education standards language to final result. The bill was not heard as an by Sen. Jim Vickerman (DFL-Tracy), was allow individual districts to determine the omnibus bill, she said, but as a single- also adopted and repassed. Vickerman said standards. Senate language on literacy was issue bill. Not all of the provisions in the conference committee report makes maintained and Senate language on state the conference report were heard on the changes to pesticide collection provisions, and school district technology standards Senate floor, Koch said. She noted that includes horses in the livestock invest- was also retained, he said. Wiger said Senators tried to offer amendments to ment program, makes some changes in the language providing for comprehensive sex various energy bills, but the amendments bovine tuberculosis control provisions, education was dropped from the bill. In

8 addition, he said a provision relating to ucts containing polybrominated diphenyl We will be the second state in the na- No Child Left Behind was also dropped. ethers. The measure was repassed on a tion to enact diversion legislation for vet- Several members had questions on 45-20 roll call vote. erans with post-traumatic stress disorder, provisions in the bill relating to school H.F. 3172, authored by Sen. Ann Higgins said. She said the bill represents performance report cards and to student Rest (DFL-New Hope), makes a number Minnesota’s effort to take the lead on engagement. Sen. Sandy Rummel (DFL- of changes in elections and campaign taking care of veterans who get in trouble White Bear Lake) said it is necessary to finance provisions. Rest said the bill is with the law and have post-traumatic get an accurate picture of successful meth- identical to the Senate measure except stress disorder. The core of the original ods of engaging students. Wiger also noted for one provision. The provision defines bill was comprised of recommendations that the designation of ice hockey as the visual campaign advertisement as pro- relating to reentry of offenders who have state sport is included in the final confer- fessionally produced visual campaign served their sentences, she said. Though ence report. The bill was repassed, 45-20. advertisements. The conference commit- the provisions were dropped from the final S.F. 2942, the omnibus higher educa- tee report was adopted and the bill was product, Higgins said, Legislators will con- tion policy conference committee report, repassed. tinue to work on the issue. We have about carried by Sen. Sandra Pappas (DFL-St. H.F. 2996, sponsored by Sen. Linda 750,000 Minnesotans, or 20 percent of our Paul), was also adopted. Pappas said all Higgins (DFL-Mpls.), is the omnibus pub- adult population, with criminal records, of the provisions that were in the Senate she said. The bill was repassed, 61-2. lic safety bill. Higgins said the conferees bill only were accepted, as were provisions Sen. David Tomassoni (DFL-Ch- accepted many Senate provisions, along that were similar in each bill. She said the isholm) presented the conference com- with provisions from the other body, in- conferees also accepted provisions from mittee report on H.F. 3722, the omnibus the other body relating to the disclosure cluding a provision permitting sex offend- economic development policy bill. He of alcohol or drug offenses to parents, ers being held for a commitment hearing said many provisions were refined by the requiring student members of the MnSCU to elect to stay in a facility operated by a conference committee to address concerns Board of Trustees to be enrolled, requiring county or the Dept. of Corrections, rather raised by the governor or the administra- a member representing labor to be on the than in the Minnesota Sex Offender Pro- tion. Among the provisions changed was MnSCU Board of Trustees, and authoriz- gram facility. The conference committee language governing workplace com- ing the use of a revenue bond fund by did not accept a number of provisions, she munications, Tomassoni said. He said MnSCU colleges as well as universities. said, including provisions from the other the proposal was modified sufficiently to The bill also contains a clarification of a body relating to fireworks and preda- render it noncontroversial. The bill was teaching requirement for the loan forgive- tory offenders on social networking sites. repassed, 57-6. ness program and modifies a study on the Among Senate initiatives not adopted, S.F. 3669, authored by Sen. Patricia state loan program to include information Higgins said, were the creation of a certifi- Torres Ray (DFL-Mpls.), requires the on the attendance of low income students, cate of good conduct and a prohibition on commissioner of transportation to report Pappas said. The measure was repassed on employer use of non-conviction criminal to the Legislature on mitigating the effects a 64-0 roll call vote. information. of transportation construction projects on Members also adopted the conference committee report on S.F. 651, the omni- bus public health bill. Sen. John Marty (DFL-Roseville) said there are three major items remaining in the bill. The measure specifies that every patient receiving maternity care has the right to continu- ous support of a doula of her choice so long as the doula performs doula services within an accepted scope of practice and the hospital’s standard of care. In addi- tion, the bill requires physicians, midwives and other licensed health care profes- sionals providing prenatal care to women to include, as part of the prenatal educa- tion, information regarding all methods of pain relief, including evidence-based nonpharmacological methods. The bill also bans products containing polybromi- nated diphenyl ethers beginning this year, products containing commercial decabro- modiphyenyl ether beginning in 2011 and From left, Willie Mae Demmings of Minneapolis, Steve Rood of Plymouth, and Crys- children’s products containing phthalates tal Lind of Minneapolis participate in a Minnesota Kinship Caregivers Association beginning in 2009. However, Marty said rally in the Capitol Rotunda, Tues., May 6, to raise awareness for grandparents and there is a process for exemptions for prod- relatives raising children. Photo by A.J. Olmscheid

9 Floor update small businesses. Torres Ray said the bod- in community-based energy develop- nance programs. The amendment also ies differed on what information should be ment projects. H.F. 3574, carried by Sen. clarifies that insurance companies are not included in an information packet to be Thomas Bakk (DFL-Cook), changes the obligated to pay future health care costs if distributed to businesses, but that the con- method of determining whether a munici- the health care costs were to be compen- ferees finally settled on the other body’s pality must administer and enforce the sated by the state. The amendment was version. The bill was repassed, 61-0. State Building Code. adopted. S.F. 3235, sponsored by Sen. Mary In addition, four bills were granted S.F. 3281, authored by Sen. Sharon Olson (DFL-Bemidji), is the omnibus data preliminary passage on General Orders. Erickson Ropes (DFL-Winona), creates a practices bill. Olson highlighted several H.F. 3955, sponsored by Sen. Tony Lourey Veterans Health Care Advisory Council modified or added provisions. The bill in- (DFL-Kerrick), provides for three older to provide the Department of Veterans creases slightly the penalties for intention- adult services community consortium Affairs with advice and recommendations al violations of the Data Practices Act, al- demonstration projects. Members adopted on providing veterans with quality long- lows for the sharing of aggregate education an amendment, offered by Lourey, permit- term care and the anticipated future needs data between the Dept. of Education and ting the commissioner of health to waive of Minnesota veterans. the Office of Higher Education, regulates rules on a time-limited basis in order to H.F. 3420, carried by Sen. Mee Moua business screening services and provides achieve demonstration project goals. Sen. (DFL-St. Paul), makes technical correc- that data on an applicant for appointment Ron Latz (DFL-St. Louis Park) offered an tions to procedures and fees charged by to a public body is private data, except for amendment addressing what he described county registrars of title for registering the applicant’s name, city of residence, as two loose ends from the I-35W bridge supplemental declarations of common education, training, employment history, collapse compensation conference report. interest communities. Sen. Linda Scheid volunteer work, awards, honors, and prior The amendment provides that payments (DFL-Brooklyn Park) offered an amend- government service. The bill was repassed, made to the victims are not to be counted ment containing the content of S.F. 2912, 60-0. as income, assets, or resources for purposes making changes in foreclosure laws and of eligibility for health care and mainte- providing for foreclosure prevention coun- Thursday, May 8 Liquor, paint bills repassed Senators used the first portion of the Thurs., May 8, floor session to adopt the conference committee reports on two measures relating to liquor and paints. S.F. 3672, authored by Sen. Dan Skogen (DFL-Hewitt), is the omnibus liquor bill. The measure adds PedalPubs to the limousine and bus exemptions in the open bottle law, permits farm wineries to manufacture distilled spirits, clarifies the ability of strong beer to be sold on the State Fairgrounds, authorizes the issuance of a liquor license to a Minneapolis restau- rant despite its proximity to churches, and provides for a later bar closing time during the Republican National Convention. The bill was repassed, 42-20. S.F. 3775, carried by Sen. John Doll (DFL-Burns- ville), establishes a paint stewardship pilot program to collect and process used architectural paint. The bill was repassed, 48-17. In other action, Senators granted fi- nal passage to three bills on the Calendar. H.F. 3367, carried by Sen. Don Betzold (DFL-Fridley), requires closed meetings to be electronically recorded and permits courts to award attorney fees to prevail- ing plaintiffs who have sued a public body that has ignored a written Data Practices Act opinion. H.F. 3585, sponsored by Senators Keith Langseth (DFL-Glyndon), left, and Dick Day (R-Owatonna) con- Sen. Gary Kubly (DFL-Granite Falls), verse in the rear of the Senate Chamber during the Thurs., May 8, floor session. authorizes local governments to engage Photo by David J. Oakes

10 seling. The amendment was adopted. Latz Higgins said. The measure was repassed on Dorothy Suomala to the Board of the offered, and members adopted, an amend- a 40-18 roll call vote. Perpich Center for Arts Education. Bruce ment providing for transfer on death deeds H.F. 3494, sponsored by Sen. Ann Kramer, Mary Mackbee, Diane Rauschen- and other suggestions from the State Bar Rest (DFL-New Hope), the state gov- fels and Daniel Sullivan were approved Association Real Property Section. ernment conference committee report, for appointment to the Board of School Sen. Ann Rest (DFL-New Hope) was adopted and repassed. The measure Administrators. sponsored H.F. 3699, which provides for incorporates Minnesota Milestones goals discretionary partial recounts, specifies re- and indicators in state budget preparation, count and post-election review procedures requires state agencies with information Entire collection of laws online and changes voting system requirements. and telecommunications technology Researchers now have online access Rest offered, and members adopted, an projects to register with the Office of En- to the entire work product of over 150 amendment correcting laws enacted terprise Technology and requires the office years of legislative activity in Minnesota. earlier this year regarding absentee ballots to monitor progress on the projects. The The Office of the Revisor of Statutes has and permitting the secretary of state to bill also requires the Office of Enterprise put online every session law enacted since transfer funds as required to administer Technology to report to the Legislature the First Territorial Legislature met in the Help America Vote Act. regarding its approval process for state 1849. Though users have long had online agency technology requests and the as- access to the current version of Minnesota Statutes, only recent years’ collections of Minimum wage increase gains sistance provided to state agencies. The conference committee report also provides session laws were available. Session laws The Senate returned from an early from 1983 forward are displayed in full evening recess Thurs., May 8, to consider additional duties for the Sesquicenten- nial Commission, modifies state surplus text; session laws until 1982 are displayed several conference committee reports. as PDF images of the print volume. Sen. Ellen Anderson (DFL-St. Paul) land procedures, provides up to three hours of paid leave for state employees to Regular users of the Minnesota Stat- explained the provisions of the confer- utes may not realize that the multi-volume ence committee report on S.F. 875. The donate blood, modifies financial statement requirements for charitable organizations, set does not represent the full work of the measure provides for an increase in the Legislature. The session laws are com- minimum wage, Anderson said. Anderson modifies horse racing medication regula- tions and clarifies the definition of gam- prised of each act of the Legislature, passed said the Senate raised the minimum wage bling device. The measure was repassed, and enacted into law. They are gathered in two steps, but the other body had a 15 55-4. together in annual volumes titled “Laws cent per hour higher minimum wage for The conference committee report of Minnesota,” containing every act of the each step. Anderson said the governor on S.F. 3166, sponsored by Sen. Patricia Legislature, organized chronologically. The had concerns about not including a tip Torres Ray (DFL-Mpls.), was taken from statutory set, on the other hand, includes credit and about indexing the minimum the table. The report had been placed only laws of a general and permanent wage to inflation. Anderson said the on the table earlier in the day because character, organized topically. Much of compromise included dropping the index- of concerns raised about one provision. what appears in session law is intended to ing provision and providing for a training However, the concerns were addressed be included in the statutory set—revisions wage for younger workers. The measure and the report was adopted. The measure to, repeals of, or additions to existing increases the minimum wage to $6.75 per modifies child welfare and licensing provi- statutes. However, many session laws are hour for large employers on July 24 this sions, adopts a new Interstate Compact not meant to be included in the statutes, year and to $7.75 next year. For small for the Placement of Children and repeals such as appropriations measures or laws employers the rate increases to $5.75 this the old compact, regulates child and adult affecting only one community. year and $6.75 next year. adoptions, regulates children in voluntary The session laws are available at: Sen. Claire Robling (R-Jordan) said foster care for treatment and provides https://www.revisor.leg.state.mn.us/laws/ she voted to increase the minimum wage targeted case management services to last year, but things have changed a great children with developmental disabilities. Capitol Report: on air, online deal since that time. There are many The bill was repassed on a 41-17 roll call Explore current policy issues and things increasing expenses for businesses vote. hear lawmakers discuss current legislative this year and adding more costs with a Senators also considered a number proposals by watching “Capitol Report,” a minimum wage increase is not a good of gubernatorial appointments. Members weekly public affairs program produced by idea, she said. Robling said businesses will approved the appointments of Thomas L. Senate Media Services. The program in- have no choice but to increase prices or Johnson to the Workers’ Compensation cludes interviews with Legislators, agency lay off workers. The people most likely to Court of Appeals and A. Hilda Better- heads and prominent policy experts. It be laid off are the minimum wage workers, mann and Felicia Boyd to the Campaign also features historical and informational Robling said. Sen. Linda Higgins (DFL- Finance and Public Disclosure Board. The features about the Senate, the Capitol and Mpls.) said that workers need protection, appointments of Patricia DeJarlais, Anita Minnesota. too. Higgins said with the minimum wage Otten Louise Wilson, Jim Bartholomew “Capitol Report” airs weekly on at $6.75, a worker would have $270 per and Janet Schutz to the Board of Teaching public television affiliates on cable access week before taxes. With apartment rents were approved. In addition, members ap- channels across Greater Minnesota. It is averaging $800 per month and gasoline at proved the appointments of Bari Amadio, also available online, with archives going $3.65 per gallon, employees are struggling, Denis Biagini, Margaret DiBlasio, and back to 2000: http://www.senate.mn/media

11 Committee update Education education program, including require- Scheid said. She said there has been inter- ments for curriculum to be medically est in repealing the prohibition in the Appointments advance to floor accurate and age-appropriate. Pappas said media and in the environmental commu- The Committee on Education met the provision had been removed from the nity. The bill retains the prohibition on Wed., May 7, to review board appoint- omnibus policy bill because it had not air admittance valves, Scheid said. Jack ments and to hear two bills. The commit- been heard in both bodies, but Pappas said Beuschel, president of Studor, Inc., the tee, chaired by Sen. Charles Wiger (DFL- she thought there was agreement among company that distributes air admittance Maplewood), approved all appointments Senators of both parties that the language valves, explained the mechanics of the de- and recommended both bills to pass. is acceptable. vices, which provide another type of wa- Senators interviewed one appointee Tom Prichard of the Minnesota Fam- terless urinal. Former Sen. Dave Johnson, to the Board of School Administrators. ily Council said he was concerned about representing the Minnesota Pipe Trades, Bruce Kramer, associate dean at the Uni- language that only addressed reducing said that air admittance valves sometimes versity of St. Thomas, is a re-appointee. sexually transmitted infection and diseases fail and allow sewer gas to escape. The He said his interests are in accountabil- and pregnancy. An oral amendment was amendment failed. The bill was approved ity and service to the board regarding adopted to reword the purpose of the and sent to the full Senate. licensure. Appointees Mary Mackbee and program to “prevent and reduce sexually However, Sen. Sandra Pappas Diane Rauschenfels were interviewed in transmitted diseases and pregnancy.” (DFL-St. Paul) later moved to reconsider February, and appointee Daniel Sullivan Prichard said that abstinence until the vote whereby H.F. 3034 was recom- was unable to attend. marriage needs to be emphasized in the mended to pass. The motion was adopted. Four appointees to the Board of the language as well. Pappas said she wanted to re-offer the Perpich Center for Arts Education were Pappas said the curriculum was amendment relating to waterless urinals not able to attend, so Executive Director focused on healthy relationships and re- and air admittance valves. Pappas said the Nathan Davis fielded questions from the spect, not just sex, and was geared toward amendment would let stand the decision committee members. He said the board is an age group thinking about dating, not of the Plumbing Advisory Board prohibit- solid and benefits from a diversity of back- marriage. ing air admittance valves. Beuschel said grounds and expertise in management. the device has not been considered by the The appointees are Bari Amadio, Denis Plumbing Board which consists of entirely Biagini, Margaret DiBlasio, and Dorothy Finance different members. In addition, he said Suomala. that if the prohibition is not removed, Wiger said the committee has done County based purchasing gains the board has said it will not consider the due diligence and has made site visits to Senate Finance Committee members, device. It’s a Catch-22, said Beuschel. No the school. chaired by Sen. Richard Cohen (DFL-St. action was taken on the amendment or Three appointees to the Board of Paul), met Tues., May 6, to consider bills the bill because of time constraints. Teaching, Janet Schutz, Patricia DeJar- ranging from state health care programs S.F. 3787, carried by Sen. Rick lais, and Louise Wilson, spoke on behalf county based purchasing to construction Olseen (DFL-Harris), establishes a driver of their nominations. Appointees Jim code modifications. and vehicle services technology account Bartholomew and Anita Otten were inter- H.F. 3034, sponsored by Sen. Linda and imposes a technology surcharge. viewed by the panel in February. Scheid (DFL-Brooklyn Park), is primar- Members adopted an amendment increas- Schutz is a re-appointee. Schutz ily aimed at correcting technical and ing transaction fees by $1.75 for vehicle said she approaches her work from the grammatical errors in the 2007 Construc- registration, issuance of certificates of manager, employee and administrative tion Code and Licensing provisions. The title, transfer of interest of ownership and perspective. measure modifies provisions relating to other vehicle transactions. Olseen said the DeJarlais teaches middle school the electrical, plumbing, water condi- Division of Driver and Vehicle Services is math in Minneapolis. DeJarlais said she tioning, boiler, residential contractor using a 1982 computer system and needs represents classroom teachers and it is her and remodeler and high-pressure piping to update the technology in the division. goal to ensure that students have highly provisions. Scheid said the measure also He said the surcharge is scheduled to sun- qualified teachers. provides for inspections of manufactured set in four years. Pat McCormack, Driver Wilson, who is chair of the Depart- home installations. The panel adopted an and Vehicle Services, said a new system is ment of Education at Bethel College, amendment deleting a provision requiring needed for the division to adequately carry briefly remarked on proposed standards for continuing education for manufactured out its responsibilities. McCormack also new teachers. housing installers. said that the governor has proposed using Sen. Kathy Saltzman (DFL-Wood- Scheid also brought an amend- $12 million from another fund for the bury) presented S.F. 3316, modifying ment specifying that the prohibition on technology update. The bill was approved when teachers must request a leave of waterless urinals is to be lifted once the and advanced to the Senate floor. absence to teach at a charter school. The Plumbing Board amends the code to Two measures relating to state health proposal is also part of the education regulate low-flush and water free urinals. care programs county based purchas- policy bill, said Saltzman. Language in the bill lifts the prohibition ing requirements were also heard by the Sen. Sandra Pappas (DFL-St. Paul) on both waterless urinals and air admit- committee. S.F. 3322, authored by Sen. presented S.F. 3349, updating language tance valves. “I did not seek out the Yvonne Prettner Solon (DFL-Duluth), for a responsible family life and sexuality amendment, the amendment found me,” improves management of state health

12 care programs and Care program and modifies managed to increase access care contracting. to health care Prettner Solon said in underserved the bill is in response populations and to recommendations geographical areas made by the legisla- of the state. The tive auditor. Prett- fund proceeds ner Solon said the have been targeted measure also limits to shore up the managed care admin- general fund, said istrative expenses Berglin, despite and modifies county- the fact that the based purchasing. fund is already S.F. 3031, sponsored dedicated. by Sen. Ann Lynch Todd Johnson (DFL-Rochester), of Allina Hospitals revises requirements and Clinics and for county-based said that if the purchasing for state provider tax won’t health care programs. go away, they Sen. Linda Berglin would prefer the (DFL-Mpls.) offered money go toward an amendment speci- its intended use. fying that preferential Mary Jo treatment for county- George, Min- based purchasing end nesota Nurses Jan. 1, 2010. Lynch Association, said opposed the amend- that current law ment and said that prohibits transfers, the five counties in but has not been the southeast portion enforced. of the state are well The bill was positioned to take With an oversized prop reinforcing her message, Sen. Sandy Rummel (DFL-White recommended to advantage of county- Bear Lake) leads a coalition of Legislators and others during a press event in front of pass and re-re- based purchasing. the Capitol, Tues., May 6, which was intended to underscore the need for safe baby ferred to the Rules Berglin said there are products legislation. Photo by A.J. Olmscheid and Administra- nonprofit organiza- tion Committee. tions that are equally residential contractor and remodeler S.F. 3871 is efficient as county-based purchasing and and high-pressure piping provisions. The sponsored by Sen. LeRoy Stumpf (DFL- Plummer). The bill provides clean up the department has asked the preferential panel adopted an amendment by Sen. provisions for education finance and one treatment be ended. The amendment David Tomassoni (DFL-Chisholm) that section regarding statutory operating debt failed. Both measures were recommended prohibits air admittance valves but does to pass. to address a drafting error, according to not prohibit the Plumbing Board from Sen. Charles Wiger (DFL-Maplewood). studying air admittance valves and mak- An amendment was adopted to delete lan- Health care access fund constitu- ing recommendations. The bill provided guage modifying a date for transmission of tional amendment heard a total repeal of the prohibition. The clerk records including proposed property The Finance Committee continued amendment also removed a prohibition taxes. The bill was recommended to pass. discussion of H.F. 3034, sponsored by on waterless urinals, allowing the board to The omnibus pension bill, sponsored Sen. Linda Scheid (DFL-Brooklyn Park), establish rules. by Sen. Don Betzold (DFL-Fridley), Thurs., May, 8. The committee, chaired Two bills received their first hearing. contains 17 articles related to pensions by Sen. Richard Cohen (DFL-St. Paul), Finance is the committee of original ju- and retirement funds. Betzold outlined moved an additional three bills. risdiction for both bills, and subsequently the contents of S.F. 2720 and noted Scheid’s bill is primarily aimed at these bills are not subject to any dead- that an article related to withholding of correcting technical and grammatical lines, said Cohen. membership dues may be in conflict with errors in the 2007 Construction Code S.F. 3835, sponsored by Sen. Linda the governor. The committee moved two and Licensing provisions. The measure Berglin (DFL-Mpls.), amends the state amendments providing clarifying language modifies provisions relating to the electri- constitution to dedicate proceeds of the to the bill. The bill was recommended to cal, plumbing, water conditioning, boiler, health care access fund to the Minnesota- pass.

13 Senate Briefly

Page 2 Highlights

Page 4 Floor update

Page 13 Committee update

As Legislators inside wrap up the 2008 session, fireworks fill the evening sky behind the Capitol, Sun., May 18, closing a week- long celebration of the state’s sesquicentennial. Photo by David J. Oakes

May 19, 2008 Senate Highlights Central Corridor funding passed investment program work participation and human services because that is where The Senate met for a rare Sunday and addresses federal compliance with the major expenditures are; no one has session, May 18, to complete business for child welfare statutes. The conference volunteered a proposal to make drastic the 85th Legislative Session. Senators committee report removed controversial cuts to education. He said most of the tackled several must do items, including a language regarding sudden infant death cuts are in the area of health and human budget balancing bill, a tax bill and a new syndrome and certain variances, according services and there have been complaints bonding proposal, before the final gavel to Torres Ray. The bill passed 51-5. from both sides of the aisle about those came down. cuts. Sen. David Hann (R-Eden Prairie) The Senate took up the bonding bill, Budget balancing bill passed said, “We are willing to spend money we H.F. 4072, sponsored by Sen. Keith Lang- Early evening activity at the Sun., don’t have and come back next year to seth (DFL-Glyndon). An amendment was May 18, floor session focused on passage an even worse shortfall.” Cohen and Sen. adopted to reflect an agreement between of H.F. 1812, the omnibus supplemental Linda Berglin (DFL-Mpls.) agreed and legislative leaders and the governor for an appropriations bill. Sen. Richard Cohen said next year—a budget setting year— additional $105.5 million in bonding. The (DFL-St. Paul), chief author, said the will present difficult challenges. amended bill provides $20 million to ac- measure is part of a global agreement Sen. LeRoy Stumpf (DFL-Plummer) quire land for Vermilion State Park, $3.4 negotiated with the governor. He said the spoke in support of the education funding million for state building asset preserva- education spending bill passed earlier has portion of the bill and said between 2001 tion, $70 million for the Central Corridor, been incorporated into the measure and and 2009 there will be over a $1 billion $2 million for the Old Cedar Avenue essentially holds E-12 education harmless. increase in property taxes. “We have Bridge, $10.1 million for a new veterans The bill also provides for a $50 million shifted the responsibility for education to nursing facility, and technical changes to loan from the health care access fund property tax payers and we have tried to previous bonding language. The bill was to be paid back from recaptured health mitigate the effect in this bill on property passed 50-17. care savings, Cohen said. He said the bill tax payers,” Stumpf said. The body adopted a conference com- makes $355 million cuts to the overall Sen. David Senjem (R-Rochester) mittee report for H.F. 3346, sponsored by budget with additional cuts to health and said the problems will be worse next year Sen. Linda Higgins (DFL-Mpls.). The bill human services and the judiciary. The and will require more hard work because increases the cap on no-interest loans to governor rejected the non-tax revenues, structural imbalances were not addressed. assist with preventing foreclosure. The Cohen said, even though the revenues However, Sen. John Marty (DFL-Ro- conference committee report removed a had been agreed to by both bodies. He seville) said most of the cuts are aimed provision related to utilities that passed said a major change from the earlier Sen- at the most vulnerable Minnesotans, the separately in both bodies. The bill passed ate proposal is that the current bill does sick, the old and the poor. 60-0. not use any monies from the cash flow The bill was granted final passage on A conference committee report on account, but will instead use $500 mil- a 56-11 roll call vote. H.F. 3376, sponsored by Sen. Patricia Tor- lion from the budget reserve. He said the res Ray (DFL-Mpls.), was adopted. The agreement includes a number of reduc- Tax bill approved bill makes changes to Minnesota family tions in smaller appropriations. The con- The third major piece of legislation ference committee report solves the nearly needed to complete the session, H.F. $1 billion shortfall and leaves about $6 3149, the omnibus tax bill was taken up Senate Briefly is a publication of million on the bottom line, Cohen said. by the Senate after a mid-evening recess, the Minnesota Senate Publications Sen. Michael Jungbauer (R-East Sun., May 18. The bill, sponsored by Sen. Office. During the regular Legislative Bethel) said, “It appears the only thing Thomas Bakk (DFL-Cook), provides for Session, it is produced weekly. The we are reducing spending on is what is homestead credit state refunds, provides publication is a service of the Minne- taken and used for something else.” He for aids to local governments, provides sota Senate. It can be made available said using the $15 million in the airports property tax exemptions and credits, mod- in alternative formats. fund is poor public policy. Jungbauer said ifies the JOBZ program, modifies green the funds are user fees to be used to repair acres provisions and provides for aggregate Editor/Writer: airports. Cohen said he didn’t disagree, resource preservation property tax law. the original bill had a number of non- Bakk said the measure limits increases Karen L. Clark tax revenues that were rejected by the in city and county property taxes to 3.9 governor. percent annually for the next three years. Assistant Editor/Writer: Sen. Ray Vandeveer (R-Forest Lake) Bakk said the measure also provides an ad- Joshua A. Dorothy said the bill does not cut spending enough ditional $60 million in local government and sets the state up for even more dif- aid and $25 million for direct property Writer: ficulties next year. He also said using funds tax relief to homeowners. The measure is Danielle Cabot designated for a specific purpose to solve expected to save $78.5 million in property the shortfall is not good policy. taxes this year, Bakk said. He said the Photographers: Cohen said in order to solve a nearly measure also changes the calculation of David J. Oakes $1 billion shortfall through cuts alone it taxes for foreign operating corporations A.J. Olmscheid would be necessary to make severe cuts in and provides a modest increase in E-12 education, higher education and health education funding.

2 Flanked by the governor and other legislative leaders, Senate Majority Leader Lawrence Pogemiller (DFL-Mpls.) addresses members of the Capitol Press Corps in the Governor’s Office, Sun., May 18, following an announcement that a budget balancing deal had been struck. Photo by David J. Oakes Sen. Linda Berglin (DFL-Mpls.) said setting compensation for elected officials. main work of the Legislature is done that much of local government spending is for She said there is a Compensation Council we should take up this type of bill,” Clark human services programs and providing that makes recommendations about Leg- said. property tax relief will result in less for the islators’ salaries, but Legislators sit on the Sen. Dennis Frederickson (R-New most vulnerable. Sen. Ron Latz (DFL-St. council and the Legislature must enact Ulm), said, “One of the most difficult Louis Park) said the bill removed provi- the recommendations. Clark said the bill things to do is to set salaries.” He said sions expanding the transit taxing district, specifies that recommendations made by the Compensation Council has worked with the result that people living outside the citizens’ council would be binding and diligently to make recommendations over the taxing district use transit, but don’t would not need to be acted upon by the the course of the last ten years, but for one pay for it. In addition, Latz said the cap on Legislature. reason or another, those recommendations property tax levies will hurt local govern- Clark offered an amendment specify- have not been acted upon. Frederickson ment services. Latz said the cap ties the ing that the council set the base pay for said the composition of the proposed 12 hand of local officials to respond to the Legislators and constitutional officers, member council is very balanced and lim- needs of their communities. The conference committee report with other types of compensation set by its the number of former elected officials was adopted and the bill was repassed on a law. to no more than four. He said it is some- 56-11 roll call vote. Sen. Geoff Michel (R-Edina) said the thing that should be put to the people and H.F. 3796, sponsored by Sen. Tar- timing of the bill was questionable. He they should decide. ryl Clark (DFL-St. Cloud), proposing said, “We should not be talking about our Clark moved to lay the bill on the an amendment to the state constitution own salaries on the last night of the ses- table. The motion was adopted. authorizing a council to establish salaries sion.” Michel said with a looming shortfall Members also took up the confer- for Legislators, was considered as a Special on the horizon, it is not the time to be ence committee report on S.F. 2651. The Order. Under the bill, the council also es- talking about legislative salaries. bill, authored by Sen. Satveer Chaudhary tablishes compensation for constitutional Clark said that the Legislature’s work (DFL-Fridley), is the omnibus game and officers. is to balance the budget, provide for fish, lands and forestry policy bill. The Clark said there is an inherent con- health care and education funding and report was adopted and repassed on a flict of interest in the current system of to develop a tax bill. “It is only when the unanimous roll call vote.

3 Senate Highlights The body also adopted and repassed the conference committee report on S.F. 2492. The measure, sponsored by Sen. Ellen Anderson (DFL-St. Paul), provides funding for environment and natural resources projects recommended by the Legislative-Citizens Commission on Min- nesota Resources. Anderson said the funds allocated by the bill, about $23 million, are proceeds from the environment and natural resources fund supported by the State Lottery. The bill was repassed on a 67-0 roll call vote. Sen. Kathy Saltzman (DFL-Wood- bury) explained the conference committee report on S.F. 2597. The measure requires school boards to seek information from prospective teachers and the Board of Teaching about disciplinary actions against the teachers. Saltzman said the bill also includes provisions relating to background checks for volunteer coaches. The bill was repassed on a unanimous roll call vote. Members also granted final passage to the annual revisor’s bill. The measure, H.F. 4166, sponsored by Sen. Mee Moua (DFL-St. Paul), corrects miscellaneous oversights, inconsistencies, ambiguities, unintended results and technical errors. The final gavel came down on the A formation of F-16 fighter jets fly low over the Capitol at precisely 1858 hours 2008 Legislative Session at 11:48 p.m. (6:58 p.m.) as part of a state sesquicentennial event, Sun., May 18. when members adopted the motion to Photo by David J. Oakes adjourn sine die. Floor update

Monday, May 12 highway fund, rather than implementing the Division of Vehicle Services is a fee the surcharge, Olseen said, but the trunk based division, their operations are funded DVS technology surcharge gains highway funds are desperately needed for through user fees and this is an appropri- The first portion of the Mon., May our roads and highways. ate increase. 12, floor session was devoted primarily Sen. Steve Murphy (DFL-Red Wing) The measure was given preliminary to processing bills on the Calendar and spoke in support of the measure. He said passage on a 35-30 roll call vote. General Orders. a decision was made several years ago to H.F. 3783, sponsored by Sen. Linda Two bills on General Orders were use money in the trunk highway fund Scheid (DFL-Brooklyn Park), regulates granted preliminary passage. S.F. 3787, for roads and bridges, rather than for insurance fees, coverages, contracts, filings authored by Sen. Rick Olseen (DFL- other purposes. He said modernizing the and forms. The measure also regulates Harris), establishes a driver and vehicle computer system will provide additional financial planners, motor vehicle retail services technology account and imposes a protection for consumers. Sen. David installment sales, service contracts, real technology surcharge of $1.75 per transac- Hann (R-Eden Prairie) said, “I don’t estate appraisers, domestic mutual insur- tion. Olseen said the surcharge will expire think the question is whether we need an ance companies and collections agencies. in four years, under the bill. He said the upgraded computer system, the debate is Scheid said the bill was approved on current computer system was implemented creating a new revenue stream to fund the General Orders last week, but she had in 1982 and is very out of date. Olseen project.” “This is an example of the failure taken the bill from the Calendar in order said a computer system is needed, not only to set priorities, that we cannot find $12 to offer an amendment specifying a Jan. 1, to increase efficiency and effectiveness, million out of a $35 billion budget to fund 2009, effective date. The amendment was but also to increase security. The gover- a needed technology upgrade everyone adopted and the measure granted prelimi- nor advocates using funds from the trunk agrees is needed,” Hann said. Olseen said nary approval.

4 Floor update Several bills on the Calendar gained Betzold offered two amendments. The conference committee report final passage. H.F. 3955, carried by Sen. The first amendment removes a provi- on H.F. 3391, the health care reform bill, Tony Lourey (DFL-Kerrick), modifies sion permitting Legislators in the MSRS was adopted and the measure repassed. provisions relating to home health care Unclassified Plan to make the election to The bill, authored by Sen. Linda Berglin providers and promotes community-based the MSRS General Plan after 10 years, as (DFL-Mpls.), establishes a statewide care for older adults through the estab- other Unclassified Plan participants may. health improvement program, establishes lishment of community consortiums. S.F. Sen. David Tomassoni (DFL-Chisholm) health care homes, establishes a care 3281, authored by Sen. Sharon Erickson said it was unfair to treat Legislators dif- coordination payment, and increases Ropes (DFL-Winona), creates the Veter- ferently from other participants who have reimbursements to primary care physi- ans Health Care Advisory Council. H.F. served the state for at least 10 years. Bet- cians in underserved areas. The measure 3420, sponsored by Sen. Mee Moua (DFL- zold said Legislators are different, because also requires a workforce shortage study, St. Paul), revises procedures and fees they are elected officials, not employees. establishes requirements for interoperable charged by county registrars of title for The amendment was adopted. The second health records, establishes an electronic registering supplemental declarations of amendment expands the criteria that prescription drug program, and establishes common interest communities. H.F. 3699, must be considered before a school district a value-based benefit set and design for authored by Sen. Ann Rest (DFL-New selects a vendor of 403(b) plans. The health benefits. Finally, the bill provides Hope), provides for discretionary partial amendment was adopted. for health care payment restructuring, re- recounts, specifies recount and post- Sen. Ray Vandeveer (R-Forest Lake) quires uniform standards, establishes an af- election review procedures and changes offered an amendment setting a $500 fordability standard, requires development voting system requirements. annual limit on state contributions to Leg- of employee subsidies for health coverage, Members also granted concurrence islators’ deferred compensation accounts. establishes a health care reform review and repassage to one bill. S.F. 2941, Vandeveer said putting a limit in statute council and establishes Section 125 Plans authored by Sen. John Marty (DFL-Ro- ensures that another part of legislative for purchasing health care insurance with seville), changes provisions for prescribing compensation requires floor action, rather pre-tax dollars. and filing drugs. The measure was granted than being alterable by committee. The concurrence and repassage. Berglin said the bill does not con- amendment was defeated, 16-44. tain health care recapture fees, does not Our public pension funds have some contain cost containment goals, does not Dogs, pension bills approved problems, said Sen. Betsy Wergin (R- contain hospital assessment fees, does not Senators used the afternoon por- Princeton). On an aggregate basis, they contain a Health Care Transformation tion of the Mon., May 12, floor session to are underfunded by more than $6 billion, Commission and does not include the adopt a conference committee report on she said. The figures are not going to level three payment reform. dog regulations and to grant final passage improve anytime soon, based on market Berglin said the measure does contain to the omnibus pension bill. performance, she said. We need to look significant reform with an estimated future S.F. 2876, sponsored by Sen. El- at the broader picture, but it will not be savings of 10 percent. In addition, the len Anderson (DFL-St. Paul), enhances a fun ride, she said. Wergin said she was public health portion of the bill will not regulations governing dangerous dogs. optimistic that needed changes would be funded by assessments on hospitals, but She said the conferees comprised on a happen soon. Betzold said the problems grants will be available in 2010 to focus Senate proposal to permit dogs at outdoor are not insurmountable. Sometimes the on obesity and tobacco use prevention, cafes. Under the comprise, local govern- source of the problem is the economy, she said. Berglin said the bill still contains ments may adopt ordinances permitting sometimes it is bad decision making, he dogs, she said, but the state law ensures the provisions for health care homes and said. the Dept. of Health will develop up to that the ordinances retain state health The bill was granted final passage, standards. Additionally, the comprise 15 baskets of care. Another portion of 46-16, and then laid on the table to await the bill aims at increasing enrollment language requires the ordinances to permit its companion from the other body. individual restaurants to opt out and ban in MinnesotaCare through outreach to Senators also concurred in the other those who are eligible, Berglin said. The dogs, she said. The conference committee body’s amendments to one bill. S.F. 1128, also adopted the other body’s position on measure appropriates about $12.8 million carried by Sen. Sharon Erickson Ropes not changing the law enforcement dog from the health care access fund this fiscal (DFL-Winona), expands the permissible exemption to the dangerous dog law. We year and $180 million from the fund for use of sick leave benefits to include an comprised on the timelines for dog own- the next biennium, Berglin said. employee’s spouse, sibling, parent, grand- ers’ hearings and security requirements, Sen. Julie Rosen (R-Fairmont) said Anderson said. The bill was repassed, parent or stepparent. Erickson Ropes said the bill still contains reform initiatives 59-0. the other body clarified that the existing that will get the ball rolling for more One bill was granted final passage as permitted use, to care for children, also major health care reform. Rosen said there a Special Order. S.F. 2720, authored by includes adult children. The bill was was significant compromise in the confer- Sen. Don Betzold (DFL-Fridley), is the repassed, 48-12. ence committee and significant elements omnibus pension bill. Betzold reviewed remain in the bill, including Section 125 the many provisions of the bill, which Health care reform bill repassed Plans and health care savings plans. was assembled by the members of the The evening floor session, Mon., Sen. David Hann (R-Eden Prairie) Legislative Commission on Pensions and May 12, consisted primarily of processing said the bill did not include reform, but Retirement. conference committee reports. simply expanded access to public pro-

5 Floor update grams. He said true reform would allow concerns about the measure, thus the bill and it was decided to send the language the marketplace to work better and pro- needed to go back to conference. forward on its own. Stumpf said that when vide true transparency. Senators granted concurrence and there is a significant budget problem, The bill was repassed on a 53-13 roll repassage to one bill, S.F. 2833. The bill, some may ask why education is not being call vote. sponsored by Sen. Geoff Michel (R- cut. He said there will be reductions in H.F. 3222, also carried by Berglin, is Edina), requires public pools and spas to programs and there will be larger class the Dept. of Human Services policy bill. be equipped with anti-entrapment devices sizes, but the bill is a modest effort to hold Berglin said the conference committee re- or systems. Michel said the other body education harmless. port included language relating to grieving added language requiring the Dept. of parents that was just slightly changed from Health to do an inventory of the number Tuesday, May 13 the Senate version and that provisions of pools, the types of drains and the costs relating to the Minnesota family invest- of retrofitting the pools. In addition, the Gestational carrier bill passed ment program were moved to another bill. other body added language exempting Senators met Tues., May 13, to take The conference committee report was swimming ponds until 2011. The bill was up concurrences and two bills on the adopted and the bill repassed on a 45-6 repassed on a unanimous 60-0 roll call Calendar. roll call vote. vote. Sen. Linda Higgins (DFL-Mpls.) Members also reconsidered the vote Members also began discussion, but moved to concur to changes made by the whereby S.F. 3138 was repassed. The took no action on, the omnibus education other body to S.F. 2965, a bill to regulate adoption of the conference committee funding bill. H.F. 6, authored by Sen. Le- gestational carrier arrangements. The report was also reconsidered. Sponsored Roy Stumpf (DFL-Plummer), is the E-12 amendments accepted require a woman by Sen. Ann Lynch (DFL-Rochester), the education funding portion of the omnibus on a public health program to report com- bill, which relates to genetic information, budget balancing bill. Stumpf said the pensation, and may require the intended was then sent back to conference com- education finance portion of the budget parents to reimburse the Department of mittee. Lynch said the other body had balancing bill was agreed to by all parties Health for costs incurred. Language ad-

Senate Page Carissa Masloski delivers a message to Senator Sharon Erickson Ropes (DFL-Winona) during the Mon., May 12, floor session. Photo by A.J. Olmscheid

6 dressing compensation was removed, and with Minnesota’s drivers licenses and contains provisions relating to business language was added clarifying that the identification cards. He said Real ID is just energy accountability, subordinate service surrogate may not be genetically related. one part of the solution to identity theft districts, drainage system transfers, interim The bill passed 41-22. and document forgery in the state. Gimse uses in zoning, charter commissions, Sen. Ann Rest (DFL-New Hope) said Minnesota’s identification cards are at title registrars’ fees and common interest moved to accept changes made by the the crux of the issue because they are easy communities. At Rest’s request, members other body to S.F. 3193, modifying access to obtain. He said Minnesota does not adopted the other body’s language, rather to adoption records and original birth have the ability to secure identity docu- than the Senate language. Rest said the certificates. The changes revert to current ments. other body omitted provisions that were law conditions under which an adult Sen. Steve Murphy (DFL-Red Wing) included in other legislation and made adoptee may have access to original birth said there are only two states that have some minor, grammatical corrections. The records. The bill passed 53-13. started to implement any part of the Real bill was granted final passage, 55-7. Under a suspension of the rules, H.F. ID Act. He said Minnesota’s identity H.F. 3034, sponsored by Sen. Linda 3082, the omnibus pension bill, passed cards are among the most secure in the Scheid (DFL-Brooklyn Park), corrects 50-16. The bill is sponsored by Sen. Don nation. He said changing technology will technical and grammatical errors in a Betzold (DFL-Fridley). allow even more secure IDs. Murphy said law enacted last year that consolidated The body then took up two bills on the federal government is only provid- Building Code enforcement and licens- the Calendar. ing about three percent of the necessary ing provisions. The bill also repeals a A Dept. of Commerce technical bill, funding. prohibition on waterless urinals, allowing H.F 3783, sponsored by Sen. Linda Scheid “Real ID will make our country safer,” the Plumbing Board to develop rules in (DFL-Brooklyn Park), was passed 57-7. said Sen. Bill Ingebrigtsen (R-Alexan- the area, Scheid said. Sen. Claire Robling S.F. 3787 establishes a $1.75 fee per dria). He said implementing Real ID will (R-Jordan) offered an amendment re- title and license transaction with the make it easier to deal with the illegal pealing a prohibition on air admittance Division of Driver and Vehicle Services to immigration issue. It will be one more tool valves. The Plumbing Board is qualified fund replacement of the agency’s comput- and our citizens want us to start protecting to determine if air admittance valves are er database. The bill, sponsored by Sen. them, Ingebrigtsen said. “Let’s step up and appropriate, she said. The decision should Rick Olseen (DFL-Harris), passed 34-31. let people know we are willing to protect be left with the board as a group of highly our borders,” he said. qualified professionals designed to deal Real ID prohibition gains Sen. Mary Olson (DFL-Brainerd) with this sort of issue, Robling said. The Senators considered several bills on said, “I’m not sure our citizens want us issue of air admittance valves has gotten Special Orders during the course of the to make this kind of expenditure.” The a lot of exposure, said Sen. Sandra Pappas afternoon floor session, Tues., May 13. federal law is not only an unfunded man- (DFL-St. Paul). She said previous consid- Sen. Mee Moua (DFL-St. Paul) said H.F. date for the state, but also an unfunded eration indicated air admittance valves 3807 was originally the whistleblower bill, mandate on local governments, she said. are not safe. Air admittance valves fail but was amended in the Finance Commit- Minnesota takes the privacy of its citizens at a rate of about two percent, said Sen. tee with language from S.F. 984. The bill very seriously, but if we implement Real Dan Larson (DFL-Bloomington). Failure now contains language prohibiting the ID then the privacy of our citizens is only means releasing sewer gas into occupied state from implementing the federal Real as good as the weakest link, Olson said. areas, he said. There is sound reason air ID Act, Moua said. Sen. Warren Limmer Gimse offered an amendment mak- admittance valves have been repeatedly (R-Maple Grove) said in 2005 the federal ing it an aggravated forgery, a felony, to rejected, Larson said. The amendment was government enacted the Real ID Act use forged or false documents. Sen. Don rejected, 18-41. The bill was granted final and mandated the states to create driver’s Betzold (DFL-Fridley) questioned the passage, 57-5. licenses that comply with federal regula- germaneness of the amendment. He said tions. Limmer said 33 states have taken the amendment has nothing to do with Education funding bill passed positions against the Real ID Act. Limmer the underlying bill. Gimse said the whole A bill adjusting the state’s spending said the cost to Minnesota is estimated to debate is about identity because you can’t on education gained Senate approval dur- be between $60 and $90 million and the talk about identity without talking about ing the evening hours of the Tues., May federal government is not providing any identity theft. Betzold countered the 13, floor session. funding. Limmer said opposition to Real amendment was for an entirely differ- Before beginning consideration of the ID comes from both liberal and conserva- ent subject and accomplishes an entirely education funding bill, Senators received tive groups, ranging from the ACLU to different purpose. The amendment was an update on the negotiations with the the Cato Institute. rule not germane. Gimse offered a second governor. We have been involved in Sen. Joe Gimse (R-Willmar) said amendment requiring fingerprints to be “long, extensive conversations,” said states are authorized to use homeland included on Minnesota driver’s licenses. Majority Leader Lawrence Pogemiller security funds for implementation of Real The amendment was ruled not germane. (DFL-Mpls.). We have solid agreement on ID. Limmer said there are limited home- The bill was granted final passage on cutting spending by about $300 million, land security funds allocated to Minnesota a 50-16 roll call vote. using $450 million of the budget reserve and the cost exceeds the amount from the H.F. 4223, carried by Sen. Ann Rest and closing corporate tax loopholes, federal government. Gimse said there are (DFL-New Hope), is the miscellaneous he said. We are almost there, but have identity theft and document forgery issues local government bill. The measure encountered an inability to close the deal,

7 Floor update Pogemiller said. The other before the Senate, because body was about to begin members were waiting for passing a series of bills earlier the other body to take ac- today, he said, but the gover- tion. nor asked for more time and Sen. Richard Cohen more meetings. Discussions (DFL-St. Paul) said the throughout the day, includ- other body had fewer cuts ing examining a number of and in the conference com- computer runs, did not result mittee give and take, the in a global agreement, he resulting compromise has said. He said legislative lead- fewer cuts than the Senate ers remain willing to talk version. However, we have with the governor, even as less in new spending in the the Legislature proceeds in bill than the governor had passing funding and tax bills. in his proposal, he said. The H.F. 6, carried by Sen. biggest change is there is no LeRoy Stumpf (DFL-Plum- longer an education article mer), is the supplemental because the spending is education finance bill. Mem- contained in H.F. 6, Cohen bers had begun their consid- said. He said in the area of eration of the measure the higher education, the bill previous night, though the does not cut the ACHIEVE bill was not procedurally be- program and in health and fore the Senate. Sen. Betsy human services the bill has Wergin (R-Princeton) said about the same amount as she was concerned about the the Senate bill, but config- creation of winners and los- ured differently. In the area ers in the general approach of agriculture and veterans, to education funding last there is a bit of additional year and reinforced in the funding, Cohen said. He current bill. In addition to said there are quite a few favoring special education, changes in the environment we have too many little pots area, particular in the green and silos of money for school Sen. Kevin Dahle (DFL-Northfield) examines examples of falsified energy programs. A major funding, she said. The state driver’s licenses during floor debate, Tues., May 13, on state com- change in the economic needs to do a better job pliance with the federal Real ID Act. Photo by David J. Oakes development area is an distributing education dol- increase in the transfer from lars, Wergin said. Stumpf the workers compensation noted that special education is a federal the release of an individual’s Social Secu- special fund to the general fund, he said. mandate. Students need special education rity number when the release is incidental We were able to provide a little more for services, which are expensive to provide, to a larger transaction and is necessary to corrections facilities, and in the area of he said. The obligation to pay for special identify the individual in order to accom- state government, we removed the limit education should not rest entirely on local plish a legitimate business purpose, other on assistant commissioners, Cohen said. school districts, Stumpf said. The confer- than marketing. The measure also allows Under the measure, $200 million ence committee report was adopted and the use of Social Security numbers in hu- from the budget reserve and $350 million man resources and payroll administration the bill repassed, 55-10. from the cash flow accounts are used to and clarifies that the restrictions on using In other action, Senators adopted stem the budget shortfall, Cohen said. a conference committee report on a bill or releasing Social Security numbers do Sen. David Hann (R-Eden Prairie) relating to Social Security numbers. S.F. not apply to purposes specifically autho- said a provision in the bill allowing the 2390, authored by Sen. Don Betzold rized or allowed by a state or federal law (DFL-Fridley), modifies restrictions on the that includes restrictions on the use and state to use a portion of nonprofit health collection and use of Social Security num- release of individuals’ information. The care providers’ reserves is a cost shift to bers. The original bill was motivated by a bill was repassed, 54-3. private insurers. He said the contracts problem in a state law protecting indi- were negotiated in good faith, but the viduals’ Social Security numbers, Betzold Omnibus budget bill discussed state’s actions are very questionable. Sen. said. The problem affected the ability to As the evening of Tues., May 13, Linda Berglin (DFL-Mpls.) said the provi- get a person’s own credit report, he said. progressed, Senators began discussion of sion is no different than actions taken He said the conference committee report the conference committee report on H.F. with assigned risk plans. Hann said the is very similar to the Senate position. As 1812, the omnibus budget balancing bill. provision sends a terrible message to busi- amended by the conferees, the bill allows The conference committee report was not nesses and may be unconstitutional.

8 Cohen said there is no question this Thursday, May 15 point of peak oil production. The resolu- is a difficult year, but the interesting thing tion was recommended to pass 44-13. is that the level of cuts are about the same Green solutions, Metropolitan as the governor’s proposal. The differ- Council terms bills repassed Statewide school employee health ence is that the Senate upholds the state’s The Senate held a floor session insurance pool proposal okayed obligation to the health care access fund, Thurs., May 15, to take up conference Cohen said. In the late afternoon portion of the committee reports and one bill on Gen- Thurs., May 15, floor session, the Senate Several bills were considered for final eral Orders. passage on Special Orders. S.F. 2809, car- recommended to pass a statewide school S.F. 2605, sponsored by Sen. Kathy ried by Sen. Scott Dibble (DFL-Mpls.), district insurance pool proposal by a vote Saltzman (DFL-Woodbury), provides provides civil and criminal penalties for of 47-25. for staggered terms for the Metropolitan smoking in a nonsmoking hotel room. Sen. Don Betzold (DFL-Fridley) Council. Changes made in the conference The bill allows hotels to recover full dam- presented H.F. 1875, establishing a state- committee reinstated language allowing ages for the cost of cleaning the rooms, wide school employee insurance pool to the governor to remove members at his Dibble said. He said the current law purchase fully insured products. The bill discretion. The bill passed 54-0. allows for only $100 to be recovered and differs from last year’s proposal, which the actual cost is usually much higher. H.F. 3195, sponsored by Sen. Ellen created a self-insured pool, said Betzold. The measure was passed on a 46-16 roll Anderson (DFL-St. Paul), establishes the The entity is a public corporation gov- call vote. Legislative Greenhouse Gas Advisory erned by a board of directors. A $4 million S.F. 3322, authored by Sen. Yvonne Group, requires studies and reports to the appropriation from the budget reserve, to Prettner Solon (DFL-Duluth), specifies Legislature regarding cap and trade and be paid back over ten years, is designated state health care programs county-based program for greenhouse gases. Anderson to establish the entity. Six plans would be purchasing requirements. Prettner Solon said the language was changed to make it negotiated through collective bargaining said the bill is the result of recommen- very clear that no cap and trade agree- offering different rates and coverage. Any dations made by the legislative auditor ments entered into under the Midwestern district that purchases insurance must and will bring more transparency to the Greenhouse Gas Accord are effective purchase through the pool, said Betzold. process. Prettner Solon offered an amend- in Minnesota until approved by a law An author’s amendment was adopted ment delaying the effective date of a enacted by the Legislature. Members clarifying language and ensuring that the provision in the bill relating to a fee. The repassed the bill 41-22. pool would not take on any risk of a self- amendment was adopted. The bill was S.F. 3138, authored by Sen. Ann insured entity. passed on a 55-5 roll call vote. Lynch (DFL-Rochester), changes provi- Sen. Terri Bonoff (DFL-Minnetonka) In other action, Senators approved sions for handling genetic information offered an opt-out amendment provid- the appointments of David Boyd and from newborn screening. Lynch said the ing that upon petition of 15 percent of Phyllis Reha to the Public Utilities Com- changes made by the conferees relate to employees, a vote must be held to allow a mission. the information provided to parents while district to opt out of the pool. The opt-out Finally, Senators considered a bond- in the hospital. She said the measure more would hold for five years, and a vote could ing bill, H.F. 4072, carried by Sen. Keith clearly delineates the options available to not be held more than every two years. Langseth (DFL-Glyndon). As received parents. Lynch said all the stakeholders Betzold said allowing school districts to from the other body, the bill appropri- are in support of the measure. The bill was opt out when costs may be low and opt in ated $40 million to the University of repassed on a vote of 51-12. when their costs rise defeats the purpose Minnesota for asset preservation and $60 Sen. Mee Moua (DFL-St. Paul) ex- of the pool. The amendment failed 27-37. million to the Minnesota State Colleges plained the conference committee report Sen. Kathy Saltzman (DFL-Wood- and Universities for asset preservation. on H.F. 3420. The bill revises procedures bury) offered an amendment deleting the Langseth offered an amendment replacing and fees charged by county registrars of language in the bill and inserting language the asset preservation appropriations with title for registering supplemental declara- directing the commissioner of finance to a $70 million bonding appropriation for tions of common interest communities. study inclusion of public school employees the Central Corridor light rail transit proj- Moua said amendments were added on into the state employee group insurance ect. Langseth said the Central Corridor the Senate floor providing for transfer on pool. The amendment failed 29-36. project is vital. Federal funds are at risk if death deeds, modifying the Uniform Pro- we do not provide the state share, he said. bate Code and adding language relating to Friday, May 16 Sen. David Hann (R-Eden Prairie) offered mortgage foreclosure. Sen. Linda Scheid an amendment to the amendment pro- (DFL-Brooklyn Park) said the mortgage Revised ed policy bill passed viding $10 million to design, construct, foreclosure language provides for foreclo- Senators met Fri., May 16, for a floor furnish, and equip a 100-bed nursing facil- sure prevention counseling, and prescribes session to take up four items, including a ity at the Minneapolis Veterans Home. pre-foreclosure and foreclosure notices. modified education policy bill. Langseth opposed the amendment, but The bill was repassed 64-0. S.F. 3871, sponsored by Sen. Charles acknowledged the project is important. H.F. 995, sponsored by Sen. Jim Carl- Wiger (DFL-Maplewood), was amended We will be taking bonding projects indi- son (DFL-Eagan), is a resolution request- to carry a modified omnibus education vidually, he said. After further discussion, ing the Legislature and the governor to policy bill to address concerns of the the bill was tabled. study and prepare for Peak Oil, the world’s governor, who vetoed the first policy bill.

9 Floor update Included in the bill are proposals to incor- $25,000 in fiscal year 2009 from the state authorizes the University of Minnesota porate a half-credit of physical education government special revenue fund to the to spend state-appropriated funds on in graduation standards, increase the drop commissioner of health for the natur- stem cell research and states that it is the out age to 18, adopt ice hockey as the opathy work group. The amendment was policy of the state of Minnesota to support state sport, require a reading instruction adopted. basic and applied research to develop assessment of new teachers, and require The bill was passed, 60-3. techniques for the isolation, derivation, academic achievement plans to address production or testing of stem cells. Cohen disparities. The bill passed 59-0. Omnibus pension bill repassed said the changes made by the other body Sen. Linda Scheid (DFL-Brooklyn Senators began the early evening were minor and included a strengthening Park) moved concurrence to changes portion of the Fri., May 16, floor session of the prohibition on cloning. Members made to S.F. 3594, regulating real estate by adopting conference committee reports concurred with the amendments and transactions and closing agents. Changes and repassing bills. repassed the bill on a 40-27 roll call vote. made by the other body reestablish certain H.F. 3082, carried by Sen. Don The conference committee report on forms of money such as cashier’s checks Betzold (DFL-Fridley), is the omnibus S.F. 3360 was also adopted and repassed. for closing transactions, said Scheid. The pension bill. Betzold said the Senate and The bill, sponsored by Sen. Leo Foley bill passed 58-0. House bills were almost identical. He (DFL-Coon Rapids), increases the penalty S.F. 3535, sponsored by Sen. Rick said the Senate did not accept a House for attending an animal fighting event and Olseen (DFL-Harris), establishes an Office provision containing a teacher retirement changes provisions prohibiting animal of Pupil Transportation Safety. A lieuten- increase, but did provide for a study of fights. Foley said the Senate bill had a ant state trooper, three additional troopers the issue. In addition, there is clarifying misdemeanor penalty, while the other and a minimum of fifteen inspectors, three language about the deduction of union body had a felony penalty. He said the more than are staffed under current law, dues and deletion of a section regarding conference committee compromised by would staff the office. A working group is Legislator’s pay, Betzold said. The measure setting a gross misdemeanor penalty. The established to coordinate with the office was repassed 57-8. bill was repassed on a 64-1 roll call vote. to establish best practices. The bill carries Sen. Steve Murphy (DFL-Red Wing) a fiscal note of $575,000 in trunk highway carried H.F. 3800, the omnibus trans- funds. Saturday, May 17 Sen. Michael Jungbauer (R-East portation policy bill. Murphy said the Bethel) offered an amendment to ensure conference committee report does not Foreclosure relief bill gains the new troopers are drawn from addition- contain the primary seat belt provision, The first portion of the Sat., May al trooper positions already established the requirement for booster seats, or the 17, floor session was marked by periods of this session. The amendment was adopted. design build changes contained in the activity punctuated with recesses in which The bill was passed, 59-5. Senate bill. Murphy said the graduated Senators waited for the other body to H.F. 1724, sponsored by Sen. Patricia teen driver’s license provisions are still in complete action on bills. Torres Ray (DFL-Mpls.), creates a registry the bill. He said a provision allowing a Senators began by adopting a resolu- for naturopathic doctors that have com- bridge over Highway 36 in North St. Paul tion, S.R. 232, sponsored by Majority pleted a four-year accredited naturopathic to be named after the longtime mayor, Leader Lawrence Pogemiller (DFL-Mpls.) program and have met other qualifica- the late William “Bill” Sandberg from the and Minority Leader David Senjem (R- tions. $8,000 in fiscal year 2009 is appro- other body was accepted, as was a require- Rochester), commemorating the life and priated from the state government special ment that the driving curriculum contain work of formers Senators who have died revenue fund to the Board of Medical information on driving near large trucks. during the past year. Members stood for a Practice for the registration of natur- The bill also creates the Office of Pupil moment of silence in honor of J.A. “Joe” opathic doctors. An author’s amendment Transportation Safety in the Dept. of Josefson, Howard A. Knutson, Harveydale was passed to clarify language regarding an Public Safety, Murphy said. Maruska, Howard I. Nelson and Dallas advisory council and specify the council Sen. Julie Rosen (R-Fairmont) spoke Sams. appointments must balance traditional in support of the measure and said the The body then took up a conference naturopaths, naturopathic physicians, and graduated driver’s license will help teens committee report for S.F. 2368, sponsored professional association members. become better drivers. However, Sen. by Sen. Paul Koering (R-Fort Ripley). The Sen. Steve Dille (R-Dassel) offered David Senjem (R-Rochester) said he bill requires authorization before relocat- an amendment, which was adopted, to opposed the graduated license provisions. ing or closing regional treatment centers move the effective date for registry to “I trust that our young people are respon- or state-operated nursing homes. The 2009. The amendment would allow the sible enough to drive carefully,” Senjem original Senate language required notifica- advisory council to work for one year said. Murphy responded that Minnesota tion of closing costs, Koering said. He said and make changes to the registry before leads the nation in the number of youth the measure also provides compensation implementation, said Dille. The date fatalities and that the graduated license to the Dept. of Health from the enterprise change is language adopted in the Finance gives young people time to gain experi- reserve fund for any resulting relocation. Committee, but not included in the first ence. The bill was repassed on a 62-5 roll The bill passed 43-13. amendment adopted, according to Sen. call vote. Sen. Ellen Anderson (DFL-St. Paul) John Marty (DFL-Roseville). S.F. 100, sponsored by Sen. Rich- moved to concur with amendments made Sen. Jim Vickerman (DFL-Tracy) ard Cohen (DFL-St. Paul), was granted by the other body to S.F. 3396. The bill, moved an amendment to appropriate concurrence and repassage. The bill known as the Minnesota Subprime Bor-

10 rower Relief Act of 2008, allows qualified before canceling an agreement. Surround- extending the “Dimmler amendment” to mortgage borrowers to defer foreclosure ing states have similar provisions, accord- up to ten miles per hour over a 55 or 60 for up to one year by making reduced pay- ing to Bakk. miles per hour speed limit. The “Dim- ments. The amendments set an income An amendment was adopted to mler amendment” specifies that violations limit of $250,000 for eligibility and re- address concerns of manufacturers. The within the ten miles per hour range need quire borrowers to be legal United States amendment makes numerous modifica- not be recorded. The final portion of the residents, said Anderson. Several members tions, including removing the burden amendment provides for the construction said the bill interferes with contracts be- of proof from the manufacturer, better tween borrowers and lenders and over- defining watercraft and watercraft exemp- of a new interchange at marked Trunk steps the state’s authority. Anderson said tions, establishing a net cost repurchase Highway 52 and 65th Street Northwest it is estimated that the bill will aid 12,000 amount for cancellations without good in the city of Rochester. The measure was Minnesotans stay in their homes. Sen. cause, exempting clothing from buybacks, passed on 44-12 roll call vote. Linda Higgins (DFL-Mpls.) said prevent- reducing the time period for a buyback, Members also adopted the confer- ing foreclosures helps stabilize neighbor- and allowing participation in annual ence committee report on S.F. 3096. hoods. The bill was repassed 34-33. training seminars to be required. The bill The bill, authored by Sen. Scott Dibble Two routine end-of-session resolu- was granted final passage 52-12. (DFL-Mpls.), creates programs for govern- tions were adopted unanimously. The first H.F. 3090, sponsored by Sen. Steve ment energy conservation investments, allows the Secretary of the Senate and the Murphy (DFL-Red Wing), was the second establishes a microenergy loan program, Rules and Administration Committee to bill considered as a Special Order. The bill modifies provisions allowing guaranteed conduct interim business, and the second authorizes the commissioner of transpor- energy savings contracts, modifies provi- provides for the delivery of bills to the tation to establish four positions in the sions relating to green economy activities governor after adjournment. unclassified service at the deputy and as- Two measures were considered as Spe- sistant commissioner, assistant to commis- and creates a Green Jobs Task Force. The cial Orders. H.F. 413, sponsored by Sen. sioner or personal secretary levels. In addi- measure was repassed 52-11. Thomas Bakk (DFL-Cook), moderates tion, the bill specifies the commissioner or Senators also adopted a resolution, contracts between outdoor sporting equip- a deputy commissioner must be licensed as S.R. 176, sponsored by Senjem, expressing ment manufacturers and dealers. The bill a professional engineer. Murphy offered, the sense of the Senate concerning the requires manufacturers to show good cause and members adopted, an amendment establishment of an Autism Task Force.

Participating in a 24-hour vigil, police officers stand guard at the Peace Officer Memorial on the Capitol grounds as part of the annual National Police Memorial Day, Thurs., May 15. Photo by A.J. Olmscheid

11 Floor update Environment bill repassed licensing provisions for individual sewage reform package, S.F. 3780. The original Upon reconvening late in the treatment system professionals, pro- health care reform bill had been vetoed evening, Sat., May 17, members began vides for petroleum release notification, by the governor and the latest iteration considering the conference committee modifies toxic chemical release reporting was worked out in negotiations on the report on S.F. 3056, sponsored by Sen. requirements, modifies access site acquisi- final end of session agreement. Sen. Linda Dennis Frederickson (R-New Ulm). The tion authority and modifies air permit Berglin (DFL-Mpls.), chief author, said bill originally made changes in permanent provisions. the measure expands health care coverage school fund provisions, provided for the The conference committee report was for 12,000 Minnesotans. She said 7,000 disposition of the proceeds from the sale adopted and the bill repassed 63-1. individuals will be enrolled in public of administrative sites and modified envi- Senators also confirmed the ap- programs and 5,000 will be able to obtain ronmental learning center provisions. pointments of Margaret “Peggy” Leppik, private health care coverage. The mea- Frederickson said the measure, as Kris Sanda, Roger Scherer and Mary sure expands MinnesotaCare coverage for agreed upon by the conference commit- Hill Smith to the Metropolitan Council. individuals without children who earn up tee, contains several additional provisions. The appointments of Kernal C. Buhler to 250 percent of the federal poverty level. The conference committee report modi- Berglin said the bill retains language and Jesse M. Overton to the Minnesota fies recreational vehicle and watercraft establishing a statewide health improve- Racing Commission were also approved. provisions, modifies campfire provisions, ment program, establishing health care provides for alternative recording for state Members also approved the appointments homes and requiring a workforce shortage forest roads, establishes the Minnesota of all the notaries public in the state. study. In addition, the measure retains forests for the future program and provides provisions establishing requirements for for the expedited exchanges of public Health care reform package ok’d interoperable health records, establishing lands. In addition, the measure also pro- Members returned after another an electronic prescription drug program vides for wetland banking credits, provides recess, Sat., May 17, to take up the confer- and providing for health care payment for the regulation of ballast water, modifies ence committee report on the health care restructuring. Berglin said the bill also

Fourth-graders from St. Paul’s Horace Mann Elementary School participate in flower planting on the Capitol grounds, Thurs., May 15. Photo by A.J. Olmscheid

12 requires recommendations for an essential In addition, members adopted the nonpartisan resources to all decision benefit set for health benefits, establishes conference committee report on S.F. makers. a health care reform review council and 3363. The measure, sponsored by Sen. The measure was repassed on a establishes Section 125 Plans to allow Richard Cohen (DFL-St. Paul), provides 45-22 roll call vote. individuals to purchase health insurance for state government budget informa- H.F. 2748, sponsored by Sen. Ann with pre-tax dollars. tion dissemination, modifications and Lynch (DFL-Rochester), was granted The bill contains funding for a 20 final passage as a Special Order. The bill percent tax credit for low income indi- requirements. Cohen said many of the more controversial provisions, such as provides for health cooperative contract viduals who purchase insurance through oversight, requires the administrative a Section 125 Plan, Berglin said. There is the inclusion of inflation in budget fore- services unit to apportion the amount also a $1 million appropriation for one- casts and the appeal of fiscal notes, have necessary to purchase medical profes- time grants for employers who want to been removed from the bill. The measure sional liability insurance coverage and offer insurance, she said. Berglin said the requires disclosure of the status of fiscal bill lowers the premiums for Minnesota- authorizes fees to be adjusted to com- note requests, requires a forecast of cash pensate for the apportioned amount. Care, but not as much as in the previous flow for the general fund, specifies the bill. She said it is expected there will be Lynch offered, and members adopted, a savings of about 13 percent by 2015. format for detailed budget estimates of an amendment providing a sunset date Berglin said the bill is a first step in health expenditures and requires the establish- of Dec. 31, 2011, or at the conclusion care reform, but that every journey begins ment of a budget working group. Cohen of the commissioner’s next scheduled with just one step. said the measure does include language reprocurement process, for the county- The conference committee report was from the other body specifying that state based purchasing entities covered by the adopted and the bill repassed on a 62-5 employees in the classified service are bill. The bill was granted final passage on roll call vote. expected during their work hours to be a 52-7 roll call vote. Committee update

Business, Industry and Jobs all future changes made by California Midwestern state has adopted the Cali- legislators and regulators, she said. Auto fornia program. Most of the 12 states that Cal. emissions opponents heard manufacturers believe the federal program have adopted the California program are Opponents of a measure providing for does a better job of accomplishing the in the Northeast or on the Pacific Coast, the adoption of California’s low-emission shared goals of preserving the environ- she said. vehicle standards had their say, Mon., ment, attaining energy independence Farming is structured around cer- May 12, before the Business, Industry and and reducing greenhouse gas emissions, tainty and uncertainty, said Kevin Papp, Jobs Committee. Chair James Metzen Dooley said. The federal program will president of the Minnesota Farm Bureau. (DFL-South St. Paul) said he had ear- result in at least a 30 percent reduction in We need certainty to operate, but we have lier told the measure’s author, Sen. John automotive greenhouse gas emissions, she to deal with a lot of uncertainty, he said. Marty (DFL-Roseville), that no hearing said. She noted that the California pro- Papp said the proposal is fraught with on the bill would be heard until the other gram does not support flex-fuel vehicles uncertainty. Proponents of the Califor- body advanced the companion measure or E85 infrastructure, which Minnesota nia program say it will help the ethanol to the floor. That happened last week, has a strong tradition of supporting. The industry, he said, while opponents say the Metzen said, and the hearing was sched- California program requires manufactur- bill could mean the death of ethanol. We uled. Metzen said he learned late last week ers to document that flex-fuel vehicles are need certainty that ethanol will thrive in and over the weekend that Marty would actually being filled with E85 gasoline, Minnesota, he said. Any disincentive to not be ready with proponents for the hear- which is logistically difficult or impos- sell flex-fuel vehicles leads to uncertainty ing. It was too late to cancel the hearing, sible to document, she said. Adopting the about the market, Papp said, and could re- he said, so the plan was modified to have California program will mean a significant sult in the state’s E85 infrastructure crum- one hearing for the opponents and a later reduction in the choices available to bling. Farmers are not against clean air, he hearing for the proponents. We will not Minnesota vehicle buyers, Dooley said. said. We believe we have a vital stake in act until both sides have had their say, Minnesotans sales break down to about preserving natural resources, but we need Metzen said. 55 percent light trucks and SUVs and 45 to look out for our markets, he said. States have two options to regulate percent passenger cars, she said, while Auto dealers are caught in the middle emissions, said Laura Dooley of the Alli- California’s ratio is about even, or perhaps of the battle, said Alyssa Schlander, Min- ance of Automotive Manufacturers. They gives passenger cars a slight preference. nesota Auto Dealers Association. Deal- can either follow the federal program or California decision makers are not taking ers cannot get product from any source the California program, she said. If a state Minnesota consumers’ needs and prefer- other than the manufacturer, she said. If opts for the California program, it must ences into account when crafting their manufacturers will not be able to offer cede authority to California and adopt program, she said. Dooley noted that no certain models in Minnesota, but consum-

13 Committee update

Senators Chris Gerlach (R-Apple Valley) and Debbie Johnson (R-Ham Lake) read a list of bill summaries during the Senate’s Fri., May 16, floor session. Photo by David J. Oakes ers want the models, dealers are left in a Low emission standards defeated ment testified by phone about the experi- bind, she said. Manufacturers are already The Business, Industry and Jobs ences of northeastern states that have holding back specific models from states Committee, chaired by Sen. James Metzen adopted the standards. The standards have that have adopted the California program, (DFL-South St. Paul), defeated adopt- resulted in a reduction of smog-forming Schlander said. Minnesota has the most ing California standards for low emission pollution by 16 percent, and reduced E85 stations in the nation and the second- vehicles by a vote of 7-10, Thurs., May 15. greenhouse gas emissions, she said. The highest percentage of flex-fuel vehicles, Sponsor of S.F. 481, Sen. John Marty regulations have increased purchases of she said, but the California program (DFL-Roseville), explained that states super ultra low emission vehicles, for moves in the opposite direction. Califor- must adopt either the federal Environ- which emissions may be cleaner than nia and the states adopting the California mental Protection Agency standards, or the ambient air, and improved consumer program have the lowest percentages of the stricter California standards, and Min- choices and access to cleaner vehicles, flex-fuel vehicles, she said. Schlander nesota would be the 15th state to adopt Cooper said. said dealers support the federal program, the stricter rules, which would affect new Thomas Peterson of the Minnesota because the aggressive standards apply cars models starting in 2012. nationwide. One region may have more An amendment was adopted to ad- Farmers Union said the union has dropped demand for light trucks, while another dress concerns of the Minnesota Farm- its opposition to the bill after changes region has a higher demand for passenger ers Union and concerns of the ethanol adopted in the amendment. The changes vehicles, she said. A national standard is industry. address concerns about farm machinery more balanced and attuned to regional Jim Erkel of the Minnesota Center and ethanol. Peterson said MFU members demands, she said, while the California for Environmental Advocacy explained have expressed support for the legislation program requires the standards to be met potential environmental and economic and concern about gas prices. Peterson within the boundaries of each state. Un- problems if no action is taken to address said the California Farmers Union has der the California program, dealers could global warming. Erkel explained how Cal- been working toward more ethanol usage. no longer engage in the common practice ifornia developed its standards, and how Molly Schultz of the Minnesota of dealer trades, Schlander said, where the standards would not harm ethanol. Environmental Partnership said the bill dealers trade vehicles within their region Coralie Cooper of the Northeast is a priority of the coalition because of to meet consumer demand. States for Coordinated Air Use Manage- strong public support. Manufacturers have

14 a history of opposing any environmental The different motorcycles would be more would address a decline in the student regulation, including E85, said Schultz. expensive to repair, and Minnesota can’t population from about 22,000 to 9,600, Three testifiers opposed to the bill choose to exempt motorcycles, he said. and reduce 500,000 square feet of excess spoke. Opposing testimony was also taken Marty said the legislation does not facilities. Renovation projects and new on Monday, May 12. Roger Moore and affect anything other than passenger cars facilities would remedy $200 million in Bruce Stockman of the Minnesota Corn and some light to medium duty trucks. deferred maintenance, said Dixon. Growers Association said there is no The limit undermines the school need to adopt the standards and they may board’s authority, according to Sen. threaten the investments made by corn E-12 Education Budget Yvonne Prettner Solon (DFL-Duluth), growers to develop ethanol. California Division and hurts a plan that has taken 35 years to testing is based on different base fuels, said formulate. Stockman. Panel reviews jurisdiction issues Tom Melcher of the Dept. of Educa- Valerie Jerich of the Minnesota Etha- The E-12 Education Budget Divi- tion said that the adopted language refers nol Producers Association said the Min- sion, chaired by Sen. LeRoy Stumpf to bonds, when it actually should be refer- nesota Climate Change Advisory Group (DFL-Plummer), met Monday, May 12, ring to certificates of participation. recommended adoption by one vote, and to consider jurisdictional issues that have Because the conference committee the group acknowledged it would involve arisen. report has been signed, the bill can no litigation. She also said tracking usage of An amendment put onto the tax bill longer be amended, according to staff, and E85 under the standards is impractical for Sunday would limit the bond authority the best option for addressing any unin- consumers and dealers. and compromise funding for about half tended impact is through a revisor’s bill. Tom Workman, executive direc- of a $225.8 million plan to update school Stumpf also said the conference com- tor of American Bikers Aimed Toward facilities in Duluth, according to Duluth mittee eliminated a wind energy subtrac- Education, said to vote against the bill. Superintendent Keith Dixon. The plan tion that addressed equity issues. A study

Senators Julie Rosen (R-Fairmont), left, and Pat Pariseau (R-Farmington) closely examine a supplemental budget comparison during floor debate, Sun., May 18. Photo by David J. Oakes

15 Committee update that education policy conference commit- School employee health pool gains will come from paying the full MCHA tee negotiations had removed from the A proposal to create a mandatory assessment, the provider tax and higher education policy bill had been added to statewide health insurance pool for school administrative costs, he said. Berglin said another finance bill, posing another juris- employees was approved by members she preferred the fully insured model, be- dictional issue, according to Stumpf, but is of the Finance Committee, Tues., May cause everyone benefits from MCHA and no longer included in any bill. 13. The panel, chaired by Sen. Richard everyone should pay the full assessment. Cohen (DFL-St. Paul), advanced the bill The pool proposal is less flexible and Finance to the full Senate. offers employers and employees fewer H.F. 1875, sponsored by Sen. Don choices, said Grace Schwab, Minnesota Central Corridor rail revived Betzold (DFL-Fridley), originally modified School Boards Association. Creating a The Finance Committee, chaired by the board of directors for the Minnesota mandatory pool limits competition and Sen. Richard Cohen (DFL-St. Paul), met Comprehensive Health Association. increases costs for many districts, she said. Mon., May 12, to consider two measures. Betzold offered, and members adopted, an The proposal does not fully address how S.F. 3815, sponsored by Sen. Keith amendment replacing the bill’s language districts will transition from where they Langseth (DFL-Glyndon), originally with the insurance pool proposal. Betzold are now to the pool coverage, she said. appropriated bond proceeds for asset pres- said the amendment mirrored insurance Teachers who are currently covered by ervation for the University of Minnesota pool language the Senate had twice ap- self-insured plans will see cost increases by and the Minnesota State Colleges and proved, with one exception. The change switching to fully insured plans, said Phil Universities. However, members adopted in the amendment is requiring the pool to Griffin, representing Preferred One. The proposal eliminates incentives to control an amendment deleting the original purchase fully insured health plans, rather costs, he said. language and inserting language specify- than acting as a self-insured entity, he A statewide pool for school employ- ing that $70 million be appropriated from said. Betzold said the shift from self insur- ees is a solution to the problems of insuf- the bond proceeds fund to be used for the ance to purchasing fully insured coverage was made to address concerns raised by ficient coverage and escalating employee Central Corridor light rail transit line the Dept. of Commerce. Deputy Com- costs for insurance, said Jan Alswager of to connect downtown Minneapolis with missioner Kevin Murphy said the Dept. of Education Minnesota. It is not the only downtown St. Paul. Commerce had raised concerns about the solution, she said, but it is a step in the Sen. Sandra Pappas (DFL-St. Paul) solvency of a self-insured pool. Purchasing right direction. School districts will still said the proposed light rail line is impor- fully insured plans resolves the solvency negotiate what they will contribute to- tant, not only for the cities, but for the concerns, he said. Pat Sexton, Dept. of ward insurance, as the employer, she said. entire state. Langseth said it was impor- Commerce, said the department would Other than the insurance pool, no solu- tant to begin funding the Central Cor- now be neutral on the bill. tions to control costs and expand coverage ridor because, ultimately, $450 million in Sen. Linda Berglin (DFL-Mpls.) have been offered, Alswager said. Johans- federal funds are at stake. raised a concern about a $4 million ap- en said the proposal creates administrative The measure was approved and ad- propriation in the bill. Under the bill, the efficiencies by using common plan designs vanced to the full Senate. pool’s board of directors is given a $4 mil- and taking advantage of bulk savings. The The panel also considered a bill, lion loan from the state’s budget reserve state auditor found, two or three years ago, H.F. 3807, sponsored by Sen. Mee Moua via the general fund and has ten years to that several school districts saw their pre- (DFL-St. Paul) that originally granted pay back the state. Under the original pro- miums fall after switching from the service additional whistleblower protections for posal, the pool needed the money to start cooperatives to fully insured plans. employees of the executive branch. Mem- the reserve fund required of self insurers, I am skeptical that this proposal bers adopted an amendment deleting the she said. Now that the pool will be buying will actually result in cost savings, said original language and inserting language insurance, it should not need this much Sen. Claire Robling (R-Jordan). Dis- prohibiting the commissioner of public money, Berglin said. We do not have $4 tricts should be able to structure their safety from taking any action to imple- million to spare, she said. Lee Johansen, own health plans if they think that will ment or to plan for the implementation of Education Minnesota, said the money was result in savings, she said, rather than the Real ID Act. Sen. Warren Limmer (R- needed for administrative expenses related be forced to participate in the statewide Maple Grove), co-sponsor of the bill, said to starting the pool, negotiating with pool. Robling moved to delete a provi- there is growing concern about the Real insurance providers and organizing the sion requiring districts that offer health ID Act and that 33 states are opposing pool’s board of directors. insurance to offer it through the pool. The some or all of the act’s provisions. Limmer The original study of the pool pro- amendment was defeated. said concerns about creating a national posal recommended against a fully insured Committee members approved two ID card center on the cost, estimated to model, said Bill Strusinski, representing additional bills and advanced the mea- be $11 to $15 billion in the first five years, the Minnesota Service Cooperatives. The sures to the full Senate. Carried by Sen. and the potential for violating the U.S. service cooperatives serve many school Patricia Torres Ray (DFL-Mpls.), H.F. Constitution. Limmer said the jurisdiction districts and help them control their costs, 1724 provides for registration of natur- for identity cards is under the jurisdiction using a self insured model, he said. Shift- opathic doctors, defines the scope of prac- of the states, not the federal government. ing from the service cooperatives to a fully tice for registered naturopathic doctors, Members advanced the measure to insured model will cost $111 million a protects the use of titles used by registered the Senate floor. year, Strusinski said. The additional costs naturopathic doctors, sets continuing

16 Sen. Dan Sparks (DFL-Austin), left, reacts as Sen. Dan Skogen (DFL-Hewitt) stacks a pile of papers on his desk during the closing hour of the session, Sun., May 18. Photo by David J. Oakes education requirements and establishes minimum wage and providing for age ap- who vetoed the prior minimum wage bill. registration fees. Members adopted an propriate sex education in public schools. Under the amendment, the minimum amendment, offered by Sen. Jim Vicker- The panel, led by Sen. Sandra Pappas wage for large employers will increase to man (DFL-Tracy), delaying the effective (DFL-St. Paul) in the absence of Chair $7.50 per hour in 2009, rather than $7.75. date of the registration provisions by one Richard Cohen (DFL-St. Paul), forwarded The federal minimum wage will be $7.25 year, to July 1, 2009. The amendment also the three measures it heard to the full at the same time. Anderson said lower- creates a naturopathy work group to study Senate. ing the increase is an effort to “split the registration and related issues. H.F. 3969, carried by Sen. Dan Larson difference.” S.F. 3535, authored by Sen. Rick (DFL-Bloomington), entered the com- The governor communicated that he Olseen (DFL-Harris), creates an Office of mittee as a bill permitting the Secretary wanted to see an increase in the minimum Pupil Transportation Safety in the State of State’s Office to transfer funds from wage, she said, but that he was opposed Patrol and requires the office to be staffed its general fund appropriation to the to an automatic inflationary increase by at least three state troopers and 15 Help America Vote Act account. Sen. provision, that he wanted a lower mini- school bus vehicle inspectors. Members Ellen Anderson (DFL-St. Paul) of- mum wage for tipped employees, that he adopted an amendment, at the author’s fered an amendment replacing the fund wanted a lower increase than Legislators request, making technical corrections and transfer language with a proposal to raise were proposing, and that he opposed an adjusting the FY 09 start-up appropriation the state’s minimum wage. She said the effort to repeal the training wage for teen- to $575,000 from the trunk highway fund. amendment is the same as the confer- age employees. Anderson said Legislators ence committee report on a separate moved toward the governor’s position Wage, sex education bills okayed minimum wage bill, with one exception. by dropping the automatic inflationary Among the bills advanced by mem- The amendment has a lower increase in increase and keeping the training wage. bers of the Finance Committee, Fri., May the minimum wage for large employers, We met him halfway and still suffered 16, were measures increasing the state’s she said, as a concession to the governor, a veto, Anderson said, so the amend-

17 Committee update ment moves even closer to the governor’s amendment reflected the same language the language has already been signed into position by proposing a lower increase. amended onto another bill by the Rules law. Murphy offered a second amendment She said she was not proposing a differ- and Administration Committee. Last making a multi-county county-based ent minimum wage for tipped employees night, we learned that the other body and purchasing health plan in southeastern because it would be unfair. Even with tips, the Senate had mismatched bills await- Minnesota, known as Steadfast, the many tipped employees are making less ing floor action, she said. Pappas said S.F. default managed care plan for public as- than $8 an hour, she said, which is nearly 588 was the appropriate companion to sistance clients in the participating coun- ties. The proposal is traveling as separate impossible to live on. However, Sen. Clair the bill awaiting action in the other body; legislation and is opposed by the Dept. of Robling (R-Jordan) said a lower minimum advancing S.F. 588 is a procedurally neces- Human Services, said Sen. Linda Berglin wage for tipped employees should be con- sary move, she said. Committee members (DFL-Mpls.). Other legislation should not sidered. The restaurant industry is already made minor grammatical improvements be put at risk of a veto in an effort to get hurting, she said, with increased food to the bill before advancing it. the Steadfast proposal moving, she said. costs and fewer consumers eating out. The third bill considered was H.F. Lynch said she believed the amendment The minimum wage amendment was 2748, sponsored by Sen. Ann Lynch has addressed most of the department’s adopted and the bill approved. (DFL-Rochester). The bill provides for concerns, though Berglin said she under- S.F. 588, authored by Pappas, amends oversight of rural health cooperatives stood the department still had concerns. the statute requiring school districts to and provides state-sponsored medical The amendment was adopted. develop and implement sexually trans- malpractice liability insurance coverage mitted infections and diseases programs. for volunteer physicians and dentists. Rules and Administration Pappas offered, and members adopted, an Members adopted an amendment, offered amendment representing the most recent by Sen. Steve Murphy (DFL-Red Wing), Whistleblower bill gains version of the proposal. It is an effort at removing the provisions relating to medi- The Rules and Administration Com- compromise, she said. Pappas said the cal malpractice liability insurance because mittee, chaired by Sen. Lawrence Pogemi-

Following the adjournment of the 2008 Legislative Session, Senate Sergeant Herb Cook cleans up the remains of a birthday cake in the Senate Retiring Room shortly after midnight, Mon. May 19. Photo by David J. Oakes

18 ller (DFL-Mpls.), met briefly Mon., May Racing Commission were advanced by and the governor, she said, expressing her 12, to process one bill captured by Joint members of the State and Local Govern- strong support for light rail transit. Rule 2.03. The rule applies to late bills ment Operations and Oversight Commit- Sanda, a former agency head under and requires late bills to be considered tee, Thurs., May 15. The panel, chaired Governors Al Quie and Arne Carlson, by the Rules and Administration Com- by Sen. Ann Rest (DFL-New Hope), said she has been a strong advocate of mittee. H.F. 3807, authored by Sen. Mee recommended the Senate confirm the both commuter rail and light rail. She Moua (DFL-St. Paul), provides additional appointments. whistleblower protection to state execu- said she talked to officials throughout the The four appointees to the Met region about the merits of the Northstar tive branch employees. The measure was Council are Mary Hill Smith, Peggy advanced to the Finance Committee. Commuter Rail project and is pleased it Leppik, Kris Sanda and Roger Scherer. will be opening soon. Sanda said she also All four are re-appointments. Committee personally thanked several Legislators for Family life ed bill gains members asked all four to address three The Rules and Administration Com- topics: their position on the recently their votes to override the veto on the mittee, chaired by Sen. Lawrence Pogemi- enacted transportation funding bill, their transportation bill. “You have to stand up ller (DFL-Mpls.), met Thurs., May 15, to support for transit and their working for what you believe in,” she said, “even take action on a late bill captured under relationships with officials at other levels when it is not necessarily the party line.” Joint Rule 2.03. of government in their districts. Scherer, also a former Legislator, has S.F. 3349, carried by Sen. Sandra Pap- Hill Smith chairs the council’s trans- served on the Council intermittently pas (DFL-St. Paul), modifies the sexually since 1978. He said he was “not at odds transmitted infections and diseases educa- portation committee. She said she has with the transportation bill.” Scherer tion program. The bill requires medically been an ardent supporter of transportation accurate and age appropriate information and transit during her entire tenure on the was CEO of a lumber company that his to be included in schools’ family life and council, since 1993. Hill Smith said she family still owns. In business, he said, a sexuality education programs, Pappas said. was pleased the Hiawatha Line opened on couple cents a gallon in additional gas tax She said the program must emphasize time and on budget. I am a big supporter is not a big cost compared to having your healthy relationships, develop commu- of the Central Corridor and hope to soon trucks stuck in traffic instead of moving. nication skills and promote individual be talking about light rail in the south- He expressed his support for the Central responsibility, under the bill. In addition, western suburbs, she said. She thanked Corridor, though he said the current plan the programs are aimed at preventing and Rest for her work on legislation related to has some features that everyone should be reducing both pregnancies and the risk the federal Urban Partnership Agreement. aware of upfront. There are three right- of sexually transmitted infections and New York City did not get legislative sup- angle turns along the line, Scherer said, diseases, she said. Pappas said both bodies port for its proposal in a timely fashion, that will result in squealing as the trains included the language in the omnibus she said, and mere hours after the dead- education policy bills, but it was taken line, the money was taken away and di- make the turns and in additional wear and out in conference committee because the verted to proposals from Chicago and Los tear on both the cars and the rails. There language might lead to a veto. The omni- Angeles. Hill Smith noted that the Metro will be additional expenses in the future bus bill was vetoed anyway, Pappas said, Area is one of the three most rapidly because of the right-angle turns, he said. and the decision was made to have the growing transit regions in the country and Scherer said he regularly attends asso- measure travel as a stand-alone bill. The a national leader in the use of biodiesel for ciation and city council meetings in his measure was advanced to the Senate floor. district. It is important to work with local In other action, the panel approved environmentally friendly transit. language relating to interim per diem, Leppik, a former Legislator, said governments, he said, especially in com- mileage, lodging and travel expenses. she understands and supports the Met munities undergoing significant change or In addition, the committee adopted Council’s purpose; additionally, she said growth. Our legislative mandate is to help a motion to withdraw S.F. 2668 from the she understands and accepts the limita- communities grow within the regional Judiciary Committee and place the bill on tions on the Met Council’s authority. The framework, he said. General Orders. Pogemiller explained that council is a regional body with members The two appointees to the Racing the bill, which adds Salvia divinorum to who need to represent their districts, she Commission are Kernal Buhler and Jesse schedule IV of the controlled substance said, but in the end, the members must Overton. Both are new members of the schedules, is to be used as a vehicle for the look at what is good for the entire region. commission. Buhler said key issues facing medical marijuana bill. He said the other Leppik said she has a particular interest in the commission and the racing com- body’s version of the medical marijuana transportation and environmental issues. munity include growing purse sizes and bill is the companion to S.F. 2668. We need to plan ahead for managing our water supply, in order to avoid the water staying up-to-date on technology. Over- ton said the commission will need to look State and Local Government wars other regions have experienced, she said. Leppik said she appreciated the Leg- at how purse structures must be revamped Operations and Oversight islature’s enactment of the transportation to maintain a high quality racing offering. funding bill; she said she extended her We need to examine interstate commerce Metropolitan Council, Racing gratitude personally to several members issues and Internet and other off-track Commission appointees approved who voted to override the governor’s veto. betting to find ways to harness that wager- Four appointments to the Metropoli- I am optimistic the Central Corridor will ing to support the purses at Minnesota tan Council and two appointments to the get worked out between the Legislature facilities, he said.

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