SESSION WEEKLY EXPORTS: CRYING ‘WEE, WEE, WEE’ AND STAYING AT HOME SO MANY RULES, SO LITTLE TIME EDUCATION TO LOSE AN ADVOCATE HF1987 - HF2084 A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 29, NUMBER 2 • FEBRUARY 3, 2012 Flashback to 1992, 2002 Seniors say do not call Recession is leaving its mark on the state Saying they are tired of receiving unsolicited calls at State Economist Tom Stinson told the newly created home, members of the American Association of Retired House Select Committee on the Recession that Persons came to the Legislature to show support for “it’s taking longer to recover from this economic HF2710 that would create a “do-not-call list” for solicitors. slump, and more people are going through an Sponsored by Rep. Matt Entenza (DFL-St. Paul), the list unemployment phase.” would be maintained by the Department of Commerce. He said the recession is a result of Iraq’s invasion of Telemarketers who wish to solicit goods or services for Kuwait, the Federal Reserve Board’s policy to reduce purchase or rent would not be able to call those on the list. inflation by keeping the money supply tight and Solicitors would have to pay $15 for a copy of the list, but the construction of an excess supply of commercial the service would be free to residents. office buildings. The Minnesota Chamber of Commerce objected to While the health care, processed food and tourism imposing fees on businesses, and others said the legislation sectors are doing well, the retail, construction real might affect telemarketing jobs in the state. estate services and manufacturing sectors are not, Under the provision, the penalty would include a fine of up he said. to $2,000 per solicitation for noncompliance. — Jan. 17, 1992 Session Weekly — Feb. 8, 2002 Session Weekly Contents SESSION WEEKLY Session Weekly is a nonpartisan publication FIRST READING: Fairness in land use issues? Depends on who you ask • 3-4 of the Minnesota House of Representatives AT ISSUE: Tort reform bills are the first to make it off the House floor • 14 Public Information Services. Produced during session, it covers the previous week’s AT ISSUE: Seed manufacturers seek help with federal red tape • 15 news from the House. No fee. AT ISSUE: Curbing agencies’ rulemaking powers • 16 Session Weekly (ISSN 1049-8176) is published PEOPLE: Greiling says she won’t seek re-election • 17 weekly during the legislative session by RESOURCES: Come to the Capitol • 21 Minnesota House of Representatives Public FEATURE: Record number take House State Fair poll • 22 Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., INDEX: Transit facts • 24 St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. POSTMASTER: Send address changes to Session Weekly, House Public Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. Editor’s note: Lawmakers are taking a break Feb. 2-7 to participate Printed on recycled paper which is 50% recycled, in party caucuses. There will be no Session Weekly 50% post-consumer content. published Feb. 10. The next scheduled Session Weekly publication date is Feb. 17. On the cover: Dave Reimers of Artserve carefully places a flagstaff for a historic flag in one of the climate-controlled display cases in the Capitol Rotunda. Four historic flags were rotated from the Minnesota Historical Society’s collection on Jan. 27. — Photo by Andrew VonBank FIRST READING Changing the rules, mid-game Land use spat pits developers against cities, environmentalists against business BY NICK BUSSE owner. He thinks local governments should magine you’re a business owner, have to allow a complete land use application looking to construct a new building to go forward. They could still adopt moratoria for future developments, under the provisions, I on property you’ve owned for many but not for ones that are already in the works. years. You spend several months and “All this does is protect people who are playing by the rules that exist at the moment tens of thousands of dollars planning from being blindsided by a moratorium that it. Finally, you submit your land use then wears them down,” Beard said. application to the city. Proponents argue that nothing in the bill would prevent local governments from banning projects they think will be harmful Then you find out there’s a problem. representing the Builders Association of the for their community. They point out that Someone on the city council doesn’t like Twin Cities, said the story described above the legislation includes some exceptions for your project. They vote to adopt a one-year is 100-percent true. He claims it’s just one of unique situations, such as when a proposed moratorium on new land uses, and while it’s many examples where businesses have been “auto body shop” turns out to be a strip club in effect, they change the land use regulations left on the hook for enormous sums of money in disguise. so that your building can never be built. and squandered time simply because the city “Once they make the rules, we have to Does this seem fair to you? has some kind of problem with the project. follow them — we understand that. But they Many builders In other words, should also be bound by the rules,” Coyle and developers say “All this does is protect people they’re following said. it’s not, and they’re who are playing by the rules all the city’s rules, A fracking problem pushing legislation that exist at the moment but the city finds a that would stop way to change the As you might have guessed, there’s another local governments from being blindsided by a rules before they side to the story. To illustrate it, here’s from using what moratorium that then wears can reach the finish another what-if scenario: they consider them down.” line. Let’s say you serve on a county board in underhanded — Rep. Mike Beard “They find out southeast Minnesota. An energy company tactics against R-Shakopee that mid-stream wants to open up a large swath of land in developers. after they’ve spent your county to silica sand mining. You’re Sponsored by Rep. Mike Beard all their money on the land, the engineering, confronted by a group of constituents (R-Shakopee), HF389 would severely the architectural concerned about limit the abilities of cities, counties and w o r k , t h a t the impact of the townships to adopt what are known as somebody in the “It may actually impede mines on the local “interim ordinances.” Also known as “land city or the county development, unintended, drinking water use moratoria,” these ordinances allow or the town because I think local supply, air quality local governments to unilaterally stop doesn’t much governments might be a little and their property developments from going forward while they like what they’re values. They rethink their rules for developers. proposing,” Coyle more gun shy about accepting present you with a For local governments, interim ordinances said. “They’re at applications without a study or petition, signed by help ensure that their communities develop the complete some research.” hundreds, asking for according to a plan, but businesses say they’re mercy of the local — Rep. Bev Scalze a moratorium to be often applied in ways that are arbitrary and government.” DFL-Little Canada put in place so these unfair. Beard said local issues can be studied The bill had its first hearing Jan. 26 in governments further. the House Government Operations and sometimes impose moratoria as a deliberate What do you do? Elections Committee. Peter Coyle, a lobbyist way of wearing down a developer or property First Reading continued on page 4 February 3, 2012 Session Weekly 3 First Reading continued from page 3 This is the real-life quandary faced by many local elected officials in southeastern Let’s say you serve on a county board in Minnesota, where the exploding demand southeast Minnesota. An energy company for local minerals has run up against environmental and health concerns. This wants to open up a large swath of land in your scenic part of the state happens to be rich in silica sand — a necessary ingredient in county to silica sand mining. You’re confronted hydraulic fracturing, or “fracking,” which by a group of constituents concerned about the is used to extract natural gas and petroleum deposits from underground reservoirs. impact of the mines on the local drinking water The rapid expansion of silica mining poses supply, air quality and their property values. a unique problem for some local officials. David Williams, an elected township They present you with a petition, signed by supervisor in Preble Township, says many local governments simply haven’t anticipated hundreds, asking for a moratorium to be put in these kinds of land uses before, and need time place so these issues can be studied further. to study their potential impacts. “The proposed developer is not the only What do you do? property owner,” Williams said. “Those who are farmers, recreational users, rural residents — they are also property owners who are trying to protect their property value from groups behind these arguments. Beard about accepting applications without a study some unexpected use that might damage thinks many of the bill’s opponents are more or some research,” she said. their property value.” concerned about what the sand is being used The ill’sb supporters have an answer to Many counties and townships have for than about the mining itself.