A NONPARTISAN PUBLICATION APRIL 20, 2001 ESSION VOLUME 18, NUMBER 16 Weekly SMINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION OFFICE
In this issue:
ENERGY PLAN ON THE MOVE
FOOT AND MOUTH DISEASE, .08 LIMIT, AND MORE
HF2454-HF2478 ESSION S Weekly Session Weekly is a nonpartisan publication of the Minnesota House of Representatives Public Information Office. During the 2001-2002 Legislative Session, each issue reports daily House action between Thursdays of each week, lists bill introductions and upcoming committee meeting schedules, and provides other information. The publication is a service of the Minnesota House. No fee. CONTENTS To subscribe, contact: Minnesota House of Representatives HIGHLIGHTS Public Information Office 175 State Office Building Agriculture • 5 Environment • 8 Insurance • 10 St. Paul, MN 55155-1298 Crime • 5 Gambling • 9 Local Government • 10 (651) 296-2146 or 1-800-657-3550 Education • 7 Government • 9 Transportation • 11 TTY (651) 296-9896 Employment • 8 Industry • 9
Director LeClair G. Lambert
Editor/Assistant Director FEATURES Michelle Kibiger At Issue: Crime — Legislators have been proposing lowering the blood Assistant Editor alcohol concentration to 0.08 percent since 1997, but they have a bit Mike Cook more incentive with the potential loss of federal highway dollars. • 12 Art & Production Coordinator Paul Battaglia At Issue: Health — Minnesota officials are preparing in case the highly contagious Foot and Mouth Disease should come to the United States Writers and as far as Minnesota. • 14 David Maeda, Theresa Stahl, Jonas M. Walker, Mary Kay Watson History — Late Gov. Rudy Perpich’s new portrait, including his wife Chief Photographer Lola, now hangs in the Capitol, after family and other proponents Tom Olmscheid persevered. • 15 Photographers Andrew Von Bank, Sara Kirk
Office Manager Nicole Wood DEPARTMENTS/RESOURCES Staff Assistants Christy Novak, Michelle Sorvari It’s A Fact: Who’s the boss 4 Committee Schedule (April 23-27) 21 Session Weekly (ISSN 1049-8176) is published Governor’s Desk (CH1-30) 16 50 States: Fire-safe cigarettes 22 weekly during the legislative session by the Min- Resources: Minnesota State Government 18 Reflections: Just causes 23 nesota House of Representatives Public Bill Introductions (HF2454-HF2478) 20 Minnesota Index: Information Office, 100 Constitution Ave., St. What’s on the Web 20 Childcare in Minnesota 24 Paul, MN 55155-1298. Periodicals postage paid at St. Paul, MN, and at additional mailing offices. POSTMASTER: Send address changes to Session Weekly, Public Information Office, Minnesota House of Representatives, 175 State Office Building, 100 Constitution Ave., St. Paul, MN 55155-1298.
Printed on recycled paper which is 50% recycled, On the cover: The Capitol and street rod owner Jerry Hefferman of White Bear Lake are reflected in 30% post-consumer content. the chromed headlight of his 1933 Dodge. The Minnesota Street Rod Association displayed several collector cars April 17 to promote the hobby of street-rodding. —Photo by Tom Olmscheid
2 April 20, 2001 IRST READING F
• Requiring a triennial audit, instead of pre- approval, for public utilities; Powering up • Extending CIP exemption eligibility to 10 After considering four major energy-restructuring bills, megawatt customers; and • Elimination of the need for the two now emerge as House plans for the session commissioner’s approval of utilities’ integrated resource plans. BY MARY KAY WATSON Utilities Commission (PUC) and the Legislative Finally, HF659 made some changes to bring fter watching California’s lights flicker Electric Energy Task Force. Originally this ad- the House bill closer to the Senate version, and dim, the Legislature is looking hard ministrator, dubbed the “energy czar,” would be involving the following: siting and routing of Aat state energy policy this year for the first responsible to oversee the state’s energy system. transmission lines; distributing power genera- time in a long while. “I’m a little concerned that we’re going to tion around the state; joint ventures involv- “Minnesota is six to 10 years from facing sail a bill out of here that has no crew on ing utility companies and organizations; and an energy shortage,” said Rep. Loren Geo board,” commented Rep. Margaret Anderson the overall state transportation plan. Jennings (DFL-Harris), sponsor of HF1323. Kelliher (DFL-Mpls). “There’s been a steady chipping away of our “There’s no disagreement on that fact.” Wolf said the change was necessary to elimi- provisions,” Grant said. “We’re almost back to Of the four major energy proposals before nate any fiscal impact. He assured Kelliher the status quo.” the House this session, two remain viable: there are people in the agencies that currently Wolf said the intent of the current version HF1323 and HF659. Both bills were consid- work on energy and would be working on the of the bill is “neither to exclude nor favor any ered April 18 by the House Environment and implementation of this act, should it pass. type of energy product.” Natural Resources Finance Committee. “What you’re saying is there’s no fiscal cost, Jennings’ bill would have a fiscal impact; Jennings’ bill and HF659, sponsored by Rep. but the cost to taxpayers could be dramatic however, its magnitude has not yet been de- Ken Wolf (R-Burnsville), are the financial and because we’re not taking the conservation termined. HF1323 would provide for “electric policy portions, respectively, of the energy pro- route,” said Rep. Jean Wagenius (DFL-Mpls). generation parks” and establish a funding posal for this session. Structured to promote the “Is this a fantasy ship or a sinking ship?” source to provide incentives for the construc- goals of energy reliability and security, the two The goal of eliminating fiscal impacts from tion of new energy generation facilities. bills are meant to complement one another. HF659 also prompted the following changes: Energy parks are a new approach for Wolf ’s bill, called the Minnesota Energy Se- • Elimination of the original provision Minnesota’s power generation infrastructure. curity and Reliability Act, has been through extending Environmental Quality Board This bill would provide for the establishment of several incarnations since it was first intro- (EQB) jurisdiction over the routing of designated sites for the construction of multiple duced in February. 100 to 200 kilovolt transmission lines; facilities for the generation of electrical power. “It’s fair to say we like this bill a little less each • Repeal of the current Conservation An existing power facility could also be desig- time we see it, and today is no exception,” said Investment Program (CIP) and placing all nated as an electric generation park. Bill Grant of the Izaak Walton League and utilities into a new conservation program; “People want to know where electric gen- spokesperson for “People erators are going to be Organized for Workers, built,” Jennings said. the Environment and The bill would give the Ratepayers,” a group that Environmental Quality formulated one of the Board the authority to original four bills. approve the siting of elec- Wolf, chair of the tric generation parks and House Regulated Indus- the Public Utilities Com- tries Committee, came mission the authority to close to agreeing: “It’s grant certificates of need changed so much I can for these parks. hardly keep up with it.” HF1323 would provide The newest version of for the Minnesota Energy HF659 scales back the Reliability Trust Fund to powers of the indepen- be established by the dent reliability adminis- commissioner of com- trator to provide merce, the chair of the technical assistance to the PUC, and the director of Department of Com- state planning. The fund FILE PHOTO BY TOM OLMSCHEID merce, the Public Black Dog Power Plant in Burnsville. would be managed by the
Session Weekly 3 independent reliability administrator. The trust fund would be fed by an energy sur- charge that would cost Minnesota consumers $0.00017 per kilowatt-hour of electricity and $0.003 per thousand cubic feet of natural gas, or about $1.50 per year for a typical residence. If the surcharge raised $10 million in a fiscal Who’s the Boss? year, the surcharge would be discontinued until Order of gubernatorial succession was set in 1961 law the fund fell below $4 million, when the PUC In a nation of laws, executive succession chief of staff, his or her personal physician, would begin collecting the fee again in the next assumes the importance of royal lineage in and a cabinet member to declare the gov- fiscal year. There is also a provision that would monarchies. The very specter of ambigu- ernor unable to discharge constitutional allow an increase in the surcharge if needed to ity or illegitimacy in the ascension and powers and duties. provide an incentive for electrical generation maintenance of rightful authority can Ventura’s Chief of Staff Steven Bosacker plants. The fund limit would be $50 million. frighten citizens and worry allies. declined in a telephone interview to detail Money in the trust fund would be Here in the Land of 10,000 Lakes, the the Ventura administration’s procedures for designated for several uses. governor’s constitutional responsibilities are ensuring the continuity of government. But First, it would provide “generation con- broad and often require action within a short Bosacker did say, “Not too many officials struction credits” to companies for using re- time period. Dispatch and decisiveness are travel on one plane.” He added that his office newable energy or emerging technologies, essential. For example, the governor has only keeps close track of when and where state such as wind generators. It could also go to 72 hours to sign a bill after it is passed by the officials travel. utility companies for increasing the efficiency Legislature in odd-numbered years. In case Under state law, were Schunk unable to of, and reducing emissions from, existing of insurrection or invasion, the governor is assume the powers of office, the erstwhile power plants. the commander-in- lieutenant governor Finally, the trust fund would provide fund- chief of the state’s mili- yields to the President ing for the administration of a Center for En- tary forces. of the Senate, cur- ergy Security to be established at the The framers of the rently Sen. Don Humphrey Institute for Public Affairs at the Minnesota Constitu- Samuelson (DFL- University of Minnesota. The center’s purpose tion sought to ensure Brainerd). Were he would be to research and identify emerging the continuity of gov- unable to carry out energy issues and act as an advisor to state ernment by stipulating gubernatorial duties, agencies and legislators. that the lieutenant gov- Speaker of the House In addition to the creation of the energy trust ernor would assume the Steve Sviggum fund, HF1323 would provide two other finan- duties of governor “in (R-Kenyon) would cial incentives for the building of new facilities case vacancy occurs When Gov. Wendell Anderson was ap- undertake executive that meet requirements: tax increment financ- pointed U.S. senator after Sen. Hubert from any cause what- authority. ing and exemption from personal property taxes. Humphrey died in 1976, Lt. Gov. Rudy ever in the office of gov- After exhausting leg- John Reinhardt, a Minneapolis resident, pro- Perpich, left became governor and Presi- ernor.” The constitution dent of the Minnesota Senate Alec Olsen islative leadership, the tested that the bill was “outrageous” and would delegates to the Legisla- became lieutenant governor. The two are 1961 law sets forth the give taxpayer money to for-profit utility com- ture the responsibility pictured here upon Olson’s election as line of succession for panies. “This is corporate welfare at its most Senate president. for creating an order of gubernatorial duties as obvious and most obnoxious,” Reinhardt said. succession beyond lieutenant governor. It did follows: the secretary of state, state auditor, Jennings disagreed. “Our system needs a so in 1961. state treasurer, and finally the attorney gen- major upgrading,” he said. If you want the Therefore, today if for some reason Gov. eral, all of whom are directly elected. Unlike lights to stay on, you’re going to build Jesse Ventura were to relinquish power, Lt. federal law regarding presidential succession, generation and you’re going to build wires.” Gov. Mae Schunk would assume the du- which passes to appointed cabinet members, HF1323 was approved and sent to the ties of office, as prescribed by the state con- Minnesota law does not specify succession House Taxes Committee. HF659 was still un- stitution. But for her to do so, the state must beyond these officials. der consideration of the committee at the time be sure that Ventura is truly unable to To resume their duties, governors need this issue of Session Weekly went to press. discharge the powers of his office. only write a statement declaring that the The Legislature decided in 1961 that the period of temporary inability has ended lieutenant governor may take over under and duly notify the President of the Senate three circumstances, not including im- and Speaker of the House. Correction peachment or resignation. The first two are The state pecking order was dramatically A story in the April 13 issue of Session Weekly dis- obvious: the governor dies or voluntarily invoked when Gov. Wendell Anderson was cussing a bill that would change the way concealed weapons permits are granted discussed an amend- transmits a written message to the speaker appointed U.S. senator following the death ment by Rep. Jim Abeler (R-Anoka) that would re- of the House or president of the Senate de- of Sen. Hubert Humphrey in 1976. Lt. Gov. quire permit holders to notify school officials if they are carrying a weapon on school property. claring his or her own inability to Rudy Perpich became governor, and Presi- The story misstated that the permit holder would govern. dent of the Minnesota Senate Alec Olson not have to get the permission of the school princi- The third mechanism allows the chief became lieutenant governor. pal in order to carry the weapon. That permission would be required. justice of the Minnesota Supreme Court, We regret the error. the lieutenant governor, the governor’s (J.M. WALKER)
Photo courtesy of the Minnesota Historical Society 4 April 20, 2001 IGHLIGHTS A PRIL 12 - 19, 2001 H
mandated records that suggest the hauler may The bill, estimated to cost about $1 million AGRICULTURE have committed the same violation in the past. during the 2002-03 biennium, would require He noted dairy producers were being fined the Crime Victim Services Center in the state Finance bill approved for violating weight restrictions on rural roads. Department of Public Safety to design and The House Agriculture and Rural Develop- “I’ve lived all over the place, and I’ve never implement a program that would cover state ment Finance Committee unanimously ap- lived in a state with such an adversarial rela- and local correctional facilities and courts proved the omnibus agriculture spending bill tionship with agriculture,” he said. statewide. April 19. Maj. Gene Halverson of the State Patrol “The point of this is to give almost real-time HF1266, sponsored by Committee Chair objected, saying that existing law is the only data,” Skoglund told the committee. “Where Rep. Bob Ness (R-Dassel) would appropriate mechanism for enforcing weight restrictions it really matters is domestic abuse cases.” $67 million from the general fund during the on township roads. Weight restriction viola- The system would be available to victims 2002-03 biennium. tions contribute to road degradation, he ex- 24 hours a day, seven days a week, Skoglund The bill goes now to the House Ways and plained. He added that all money from fees said. He gave the scenario of a person hearing Means Committee, which must approve it goes directly to road improvement efforts. a noise in the night, becoming afraid, and before the bill reaches the House floor. It is needing to have the peace of mind of know- scheduled to appear before the committee ing that someone who may have perpetrated April 24. a crime against them is still behind bars. Of the allocated funds, $24 million would CRIME Skoglund said the information needs to be go to the Dairy Development and Profitabil- Notifying victims available at all hours, and should not neces- ity Enhancement Program to assist state farm- A bill that would require the state to develop sarily require someone to speak with a real ers in modernizing procedures and an automated program for notifying victims person. equipment. whether a perpetrator is in or out of jail or Anna Sochocky from the department testi- About $18 million would support agricul- prison might be included in the omnibus ju- fied the only way victims can currently find tural trade marketing programs, and diciary finance bill. out if someone is still incarcerated is to check $3.4 million would help farmers clean up feed- On April 17, the House Judiciary Finance the Department of Corrections Web site. lots in violation of environmental regulations. Committee heard the bill (HF2291), However, that service does not include those Other expenditures fund the Agricultural sponsored by Rep. Wes Skoglund (DFL-Mpls). in local correctional facilities. Utilization Research Institute, a state-funded institute helping add value to existing prod- ucts. BELAFONTE APPEARS In another significant appropriation, the bill would allow ethanol producers to be reimbursed beyond the original 10-year limit. That appro- priation is considered “open,” meaning it is avail- able for reimbursements whenever producers demonstrate they have produced ethanol. The committee adopted an amendment, proposed by Rep. Al Juhnke (DFL-Willmar), requiring that a $230,000 appropriation to the Duluth Seaway Port Authority be used to di- rectly assist shippers, producers, and agricul- tural cooperatives. That appropriation has been in place since 1963. Rep. Mike Osskopp (R-Lake City) success- fully proposed an amendment that would de- lete a section of law requiring haulers of heavy commodities to keep records of their move- ments for 30 days. The committee adopted the amendment to, in the words of one represen- PHOTO BY TOM OLMSCHEID tative, “send a strong message in support of Entertainer and civil rights activist Harry Belafonte speaks in the Capitol Rotunda April 17 in agriculture.” support of a bill that would allocate funding for pre-design and planning of a new Roy Wilkins Osskopp said state law enforcement agents center in St. Paul. A portrait of Wilkins, the longtime head of the NAACP, was on display as follow trucks overfilled with agricultural prod- Belafonte spoke. The appropriation will be considered for inclusion in the House Jobs and ucts and fine them after reading through legally Economic Development Finance Committee’s omnibus bill.
Session Weekly 5 “You’re reaching thousands and thousands Rep. Dave Bishop (R-Rochester), the spon- (R-Maple Grove) told the House Judiciary more victims” with HF2291, she said. sor of HF1261, said the bill would, among Finance Committee April 18. A fiscal note for the bill estimates start-up other changes, require correctional facilities Officially, the bill will be considered for costs at $576,000. However, federal funding, to make regular reports on the recidivism of possible inclusion in the committee’s omni- under the Victims of Crime Act, would be inmates. bus bill. available for the plan. Bishop has been outspoken in the past re- HF260 allocates $41.5 million during the Maria Alderink from the center testified that garding the need to measure the effectiveness 2002-03 biennium to several state agencies for officials are concerned that the new service not of programming, particularly with regard to the purpose of continuing the implementa- take money away from the regional service drug offenses. Reporting on recidivism can tion of the CriMNet plan. Currently, the state centers that receive money for victims state- help achieve that goal. does not have a single, integrated system for wide. (The primary function of the Crime Although the bill is estimated to have no collecting, storing or disseminating criminal Victims Services Center is to disseminate mil- fiscal impact on state or local governments, justice information. lions of dollars in grants to local centers Rep. Loren Solberg (DFL-Bovey) raised a con- In an effort to better track people in the throughout the state each year.) cern that schools and other institutions car- criminal justice system, the Legislature and Rep. Rich Stanek (R-Maple Grove), chair of ing for juvenile offenders might find the new several judicial branch agencies have explored the committee and co-sponsor of the bill, requirements unduly onerous. Solberg, a the option of developing such a system. A asked if the center could absorb the costs. teacher, made repeated reference to children policy group convened in 2000, chaired by Alderink said in order to avoid having an im- who are wards of the court that “end up in my Public Safety Commissioner Charlie Weaver, pact on programs around the state, the project classroom,” therefore requiring information recommended spending $41.5 million to link would be developed much more slowly. In its from schools to be part of recidivism reports. all the pieces together and provide significant current form, the bill requires the department Bishop invited Solberg’s input on the bill’s matching grants to local communities. to report its plan of implementation to the future progress. After passing the House, the Officials have testified that the major road- Legislature by Jan. 15, 2002. bill’s Senate version must pass that body be- block to successful implementation of the pro- fore being presented to Gov. Jesse Ventura. gram involves how agencies input data at the The bill also requires the Department of local level. Child abuse clarification Corrections to perform background checks on The bill would provide funding for the bi- people having direct contact with patients or ennium as follows: Offenses defined by other states and other ju- inmates. HF1261 would also allow the agency • $20 million to continue development of the risdictions to constitute child abuse might be to charge an employee, contractor, or volun- Supreme Court Information System re- added to Minnesota’s list of such offenses, if they teer who engages in “penetrative sex” with an engineering project; are similar to abuse as defined by Minnesota law, inmate with third degree sexual assault. • $11 million for local grants to plan for and under a measure passed by the House. It specifies that consent on the part of the implement the CriMNet system; The full body adopted HF953, sponsored inmate is not a defense. Bishop told the House • $4 million to development the basic by Rep. Doug Fuller (R-Bemidji), during its Crime Prevention Committee March 22 that implementation infrastructure; April 18 session. The vote was 131-0. predatory guards can victimize vulnerable in- • $3 million to solve the suspense file In addition to other states, the bill would mates. He suggested that the new penalties will (criminal records that do not match permit Minnesota courts to consider acts of improve the professionalism of prison guards fingerprints) problem with the Bureau of child abuse as defined by the District of Co- and other employees endowed with the power Criminal Apprehension; lumbia, tribal lands, and the United States at to restrain their fellow citizens. • $2 million to manage and staff the models the federal level in determining whether a Responding to criticism levied by several rep- and standards for building the project; and child is in need of protective services. resentatives whose counties maintain detain- • $1.5 million to continue developing the Current Minnesota child protection laws ment facilities, Bishop said the bill would not statewide systems through the Depart- say a child is considered to be in need of pro- affect county-funded correctional facilities. ment of Corrections and to provide for tection or services if he or she resides with, or Rep. John Tuma (R-Northfield) offered an local government implementation will live with, a perpetrator of child abuse. amendment establishing an oversight board requests. Minnesota law defines child abuse in terms of that ensures state agencies purchase furniture At the April 18 hearing, Weaver compared violation of state law if the act involves a child, produced in prison. Bishop agreed to the the provisions in the bill to those recom- such as assault or criminal sexual conduct with amendment, calling the board “useful.” mended by Gov. Jesse Ventura. His budget in- a child. cludes $27 million for the program. A companion bill in the Senate (SF1265), The most significant difference is in the sponsored by Sen. Tony Kinkel (DFL-Park money allocated for local grants. The Rapids) is awaiting floor action. CriMNet system funding governor’s budget allocates only $3 million for A bill that would advance a state plan to that purpose. Weaver indicated about integrate criminal justice information state- $4 million in federal funds also available for General corrections provisions wide received a significant indication that it the program that may be used for grants. The House passed a housekeeping bill for will advance to the House floor from its spon- Weaver emphasized whatever amount the the Department of Corrections during its sor and the chair of the committee in which it Legislature provides for local grants would be April 18 session. The vote was 131-0. now resides. helpful. However, there are several provisions worth “There is no doubt in my mind that House “I don’t want you to think with $8 million noting that created lively debate among mem- File 260 will be in the omnibus judiciary fi- we won’t make any progress, because we will,” bers on the House floor. nance bill,” Committee Chair Rep. Rich Stanek Weaver said.
6 April 20, 2001 In 2000, legislators provided for matching grants to help local communities fund imple- mentation of the program. Weaver suggested there might be several communities in the state that would not be able to provide match- ing funds and the members should make room for that possibility. The committee amended the bill to remove a provision inserted by the House State Gov- ernment Finance Committee referring to how the CriMNet system should interact with other state computer systems. Language in the bill required the project be integrated with existing information and communication technology networks. David Fisher, commissioner of the state Department of Administration, said the amendment resulted from a philosophy the department should not spend large amounts of state money on a plan that would affect only one facet of government, specifically the criminal justice system in this case. John L. O’Neill Jr. of VFW Post 6845 in St. Paul watches from the gallery as the House passes a bill However, Fisher said he did not bring forth April 18 that would require recitation of the Pledge of Allegiance in public schools. the original amendment and the department “We should make it mandatory in all Cassell said the change makes the bill “more did not have an official position on it. schools for all school children,” said Rep. Joe workable and realistic.” Opatz (DFL-St. Cloud), who sponsored the Committee members had expressed con- amendment. cerns about school boards making financial EDUCATION But members spoke against enforcing poli- projections before they know how much cies for private schools. “When you tell pri- money they have, which is usually at the Pledge participation vate schools what to do you’re going against July 1 start of the fiscal year. After a long, arduous debate on the House what I fought for,” said Rep. Dennis Ozment “Three years is better, but I still think we’re floor, the body passed a measure to require (R-Rosemount), a war veteran. asking school boards to take a shot in the students in public and charter schools to re- The provision did not pass. dark,” said Rep. Matt Entenza (DFL-St. Paul). cite the Pledge of Allegiance at least once a By a 116-13 vote, members adopted an Jan Alswager, a lobbyist for Education Min- week. amendment by Rep. Bruce Anderson (R-Buf- nesota, agreed, saying districts do not know “It would restore some regular patriotic ac- falo Township) that would require fifth grade projected costs for three or four years out. tivities in our schools,” said Rep. George students to learn “proper etiquette toward, She also expressed concern that teachers al- Cassell (R-Alexandria), sponsor of HF915, correct display of, and respect for the flag, and ready are paid “far below” other workers in the during the April 18 floor session. in patriotic exercises.” area, and salaries would decrease under the bill. Rep. Harry Mares (R-White Bear Lake) said HF915 passed with a 126-6 vote. The Sen- “We won’t be able to attract teachers if the many Americans let days go by not thinking ate version of the bill (SF303), sponsored by bill is implemented,” she said. about the fact that they live in freedom. He Sen. Bob Kierlin (R-Winona), is awaiting ac- HF1470 will be considered for inclusion in told members the bill is “to remember those tion in a Senate committee. the committee’s omnibus bill. (soldiers) who never returned home to marry their sweethearts … play with their children … pursue their dreams.” Final committee deadline However, claiming the bill may cheapen the Staying within the budget Legislators will meet the final principles for which veterans served, Rep. Alice A bill to ensure school districts do not deadline for bills to advance from promise employee salaries it cannot afford has Hausman (DFL-St. Paul) said she was voting House and Senate committees this in opposition. “Should our children be free to been amended to reduce the time and possible week. honor their country or should they be ordered uncertainty of making fiscal projections. All omnibus finance bills must be by the state?” Rep. Mark Buesgens (R-Jordan), sponsor of HF915 gives school boards the authority to HF1470, stated no objection to an amendment passed from House and Senate waive the requirement but says they must that would lessen the time in which school committees by midnight Wednesday, adopt a local policy regarding the Pledge of districts must project general fund revenue April 25. If a bill fails to advance, it is Allegiance. Students and teachers who object and expenditures from four years to three. The likely that it will not be considered by to the recitation would have the option to be rest of the bill remains unchanged. the full House during 2001. excused from participating. The amendment was offered by Reps. Jeff However, there are two exceptions Much of the discussion regarded a provi- Johnson (R-Plymouth) and George Cassell (R- to this deadline. Bills may advance sion that would have also required students Alexandria) at the second hearing of the bill from the taxes or rules committees in in nonpublic schools to be subject to the during the April 18 meeting of the House either body. provision. K-12 Education Finance Committee.
Session Weekly 7 unless the provided information is false, the EMPLOYMENT employer knew or should have known it is ENVIRONMENT false and acted maliciously in sharing it, and References, background checks the prospective employer actually relied on the Forest management appropriations The full House narrowly passed a provision information in declining to offer employment. The House Environment and Natural Re- April 18 intended to encourage employers to Furthermore, employees must demonstrate sources Finance Committee considered a bill share complete job histories with other employ- those conditions “by clear and convincing evi- April 17 that would appropriate $7.9 million ers looking to hire their previous employees. dence,” a standard critics say is too high. for forest management to the commissioner During floor debate on SF1047, a bill relat- Rep. Wes Skoglund (DFL-Mpls) questioned of natural resources for the next biennium. It ing to greater background checks for apart- a provision in Knoblach’s amendment requir- will be considered for inclusion in the ment managers, Rep. Jim Knoblach (R-St. ing employers who choose to provide infor- committee’s omnibus finance bill. Cloud) made a motion inserting the contents mation to supply the employee with a copy of “House File 1235 is the most important bill of HF415. Knoblach is that bill’s sponsor. the information, particularly when the two for Minnesota’s loggers, mills, and forest- The full measure passed on a 69-64 vote. may not have parted on good terms. dependent rural economy that you will con- SF1047, sponsored by Reps. Peggy Leppik “Why in the world do we want to put an- sider this year,” said Ray Killmer, president of (R-Golden Valley) and Luanne Koskinen other human being in that position?” the Minnesota Timber Producers Association. (DFL-Coon Rapids), builds on a law that re- Skoglund asked. Responding in part to requests from people quires background checks for apartment man- Knoblach said employers have the choice of in the timber and wood products industries, agers within the past five years. The new bill providing the information and that portion Rep. Mark Holsten (R-Stillwater), sponsor of increases that to 10 years, because of a case in is intended to protect the public. HF1235, established firm guidelines as to how Leppik’s district. “If they’re going to discuss that informa- the money could be spent. Koskinen stood to object to Knoblach’s tion, it’s only fair that (employees) be made The appropriations would be divided amendment, saying it had nothing to do with aware,” Knoblach said. among the following: tree planting, field ser- the bill. The Senate version of Knoblach’s bill has vices, timber sales, commercial and noncom- “The law that we’re dealing with was en- not received a committee hearing. The Leppik/ mercial thinning, forest inventory, and acted as a result of the murder of my daugh- Koskinen bill, including Knoblach’s amend- implementation of the Sustainable Forest Re- ter,” said Koskinen, whose daughter Kari was ment, was laid on the table by the Senate sources Act. A section of the bill would pro- murdered in 1994. Her apartment manager April 19. hibit the commissioner from “reprogramming was accused of the crime. “I find it extremely the appropriations for other purposes.” offensive from a personal standpoint.” Testifiers for the bill were most concerned House Minority Leader Tom Pugh (DFL- about the shortage of foresters in field services South St. Paul) agreed, saying that allowing HOUSING ADVOCATE and timber sales. the Knoblach amendment would set a bad “Right now the DNR does not have enough precedent to House rules. He said if members staff to implement their own forest manage- wanted to vote on the issue in Knoblach’s bill, ment plans,” Killmer said. they could simply bring it up on that day’s Bob Tomlinson, director of the Division of calendar, where it was awaiting action by the Forestry, admitted they were “sitting on” 23 body. vacancies in the division, which he said have Nevertheless, the amendment was added. It “accrued through attrition” over the past three allows past employers to provide job informa- or four years. tion, including evaluations from an employee’s That shortage in field personnel, according file, to potential employers. to industry spokespersons, has resulted in a According to Knoblach, Minnesota employ- decline in timber harvesting of 200,000 cords ers refrain from passing along all but the most below the department’s plans. basic information. Although existing law al- “By filling these positions the state would lows them to provide objective employment capture the revenue it has been losing by not information, many businesses convey only meeting allowable timber sales,” said Bob dates of employment and official job title of Olson, an employee of UPM-Kymmene who previous employees, fearing lawsuits from pre- was speaking on behalf of the Wood Fiber vious employees denied jobs elsewhere. Council. During the debate, Knoblach said the in- Testifiers were also unanimous in their sup- tent is to give employers more freedom to be port of continued funding of the Forest Re- honest about an employee’s record without sources Council, which would receive the fear of legal reprisal. Additionally, workplace largest appropriation, $2.3 million, for imple- safety and efficiency may be compromised by mentation of the Sustainable Forest Resources workers who would not have been hired if Act. previous employers had shared information The Legislature passed this act in 1995 to about poor job performance. “ensure the sustainable management, use and The bill’s new language provides statutory PHOTO BY TOM OLMSCHEID protection of the state’s forest resources to immunity to employers providing reference Lisa Graphenteer from the Central Minnesota achieve the state’s economic, environmental Housing Partnership testifies April 18 regard- information regarding former employees. ing the House Jobs and Economic Develop- and social goals.” Employers will not be held liable for damages ment Finance Committee’s omnibus bill. The council, composed of citizens who
8 April 20, 2001 represent a broad spectrum of interests, es- Rep. Mike Osskopp (R-Lake City), the spon- The commission is responsible for the day- tablished the guidelines for timber harvesting sor of HF894, said the card club has been a to-day operation of airport facilities in the state. and forest management. success and has greatly helped renew live horse It consists of eight members representing the “Minnesota and Minnesota’s loggers have racing at the track. Twin Cities metropolitan area and four mem- been leaders in sustainable forestry practices The 1999 Legislature authorized the card bers from Greater Minnesota. The governor ap- and logging,” Killmer said. “This program is club at the park. The club has been in opera- points those 12 members along with the chair the most important way that we do this.” tion since the spring of 2000. of the board. The mayors of Minneapolis and Osskopp said the card club has expressed a St. Paul also serve on the commission. desire to hold a tournament and would like Under the bill, the Senate and House would to increase the number of tables. Under cur- give advice and consent to the governor’s ap- Local forestry grants rent law, the club is limited to 50 tables. pointments similar to the process used in the The House Environment and Natural There is now a two-hour wait at each table, appointment of members who serve on the Resources Finance Committee heard a bill Osskopp said. The bill would remove the Leg- state’s Campaign Finance and Public Disclo- April 17 that would provide matching grants islature from the process of determining the sure Board. to local communities for forestry health, as- amount of tables allowed and give that author- Rep. Dan McElroy (R-Burnsville) offered a sessment, and planting. HF1031 will be con- ity to the state’s racing commission officials successful amendment clarifying that the ap- sidered for inclusion in the committee’s who are at the facility every day. pointment of the commission chair would omnibus finance bill. The bill also would increase the bet limit al- only require advice and consent of the Legis- Rep. Tom Hackbarth (R-Cedar), sponsor of lowed from the current $30 maximum to $60. lature for the initial appointment. HF1031, said it was originally a part of the pro- After the bill was defeated, Rep. Steve Dehler McElroy said that while board members posal from the Legislative Commission on (R-St. Joseph) made a successful motion to serve four-year terms, the chair’s appointment Minnesota Resources (LCMR) but didn’t reconsider the bill and return it to the does not have a limited term and thus the make it into that bill. General Register. amendment clarifies that the Legislature need Hackbarth’s bill would direct $500,000 a only give its advice and consent for the origi- year for the next biennium to combat forest nal appointment. diseases, with at least $310,000 per year going to programs that attack oak wilt. GOVERNMENT “It is easier, cheaper and far more reward- ing to keep mature, healthy trees than to cut Representing all African-Americans INDUSTRY them down and replace them with something A bill passed by the House April 18 reflects younger and less attractive,” said Mark Stennes the changing nature of Minnesota’s African- Better programming sought from the Minnesota Society of Arboriculture. American community. The vote total was The House approved a bill requesting televi- Oak wilt is “indigenous to Minnesota, man- 130-0. sion networks to reduce the amount of violent ageable, and destructive if it gets out of hand,” SF142, sponsored in the House by Rep. Neva and sexually explicit material in their program- Stennes said. It spreads through root systems Walker (DFL-Mpls), would expand the size of ming April 18. It passed by a 120-4 count. within a stand of trees and can be stopped by the Council on Black Minnesotans from its Sponsored by Rep. Tony Kielkucki (R-Lester cutting the roots or by the use of chemicals. current 11 members to 13. Prairie), HF118 encourages the networks “to At this time, oak wilt is localized mostly in the Under the measure, the additional seats would produce television material that promotes southern one-third of the state, he said. be to be filled by one person whose ethnic heri- wholesome family values.” The pronounce- HF1031 would also provide grants totaling tage is from West Africa, and one member whose ment calls for the secretary of state to prepare $300,000 a year during the next two years for ethnic heritage is from East Africa. certified copies of the resolution and trans- community forestry assessments and tree The council was established in 1980 to ad- mit them to the presidents of television net- planting, at least one-half of which must go vise the governor and Legislature on issues works in the United States. for the assessments. facing African-Americans in the state. The “According to the National Coalition on This would be similar to the Minnesota council is also charged with recommending Television Violence, by age 18, the average ReLeaf Program, according to Mark changes to laws to help address those issues. young person has seen over 200,000 acts of Schnobrich, city forester for Hutchinson. His Walker said the number of people emigrat- violence and over 8,000 murders on televi- city has been the recipient of ReLeaf grants ing from Africa to Minnesota is increasing. By sion,” Kielkucki said. “This does not address that have made it a healthier and more beau- requiring representatives from West Africa and the issue of free speech. We are only asking tiful place, said Schnobrich. He said they could East Africa to serve on the council, she said, them to reduce (sex and violence).” not have afforded the investment required to the body would be able to better address is- Two amendments to the bill were also reforest their city without the grants. sues crucial to those communities. approved. The bill was passed by the Senate Feb. 5. It Rep. Lyndon Carlson (DFL-Crystal) re- now awaits the governor’s signature. quested that the term “the family” be changed to “all families.” He said some people may per- GAMBLING ceive “the family” as a traditional family, while Airport commission matters the new terminology would include cases such Card club expansion canned The Legislature would have a say in who as where there is a single parent or a child’s The House voted down a bill April 18 that serves on the Metropolitan Airports Commis- legal guardian is another relative. would have allowed an expansion to the num- sion under a measure passed by the House Rep. Mark Olson (R-Big Lake) brought up ber of tables and the betting limit at the card April 18. a federal children’s television violence mea- club in Canterbury Park. HF1236, sponsored by Rep. Jim Rhodes (R- sure proposed in the U.S. Senate in 1993. Not- The measure failed by a 96-37 vote. St. Louis Park), passed by a 129-0 vote. ing that at the time network executives said
Session Weekly 9 legislation was not necessary because they would do an effective job of notifying viewers HOCKEY TALK when programming contains sex or violence, Olson said, “It has not been done.” He said the act was initiated in Minnesota and introduced in the Senate by former U.S. Sen. Dave Durenberger. Olson’s amendment simply added language that referenced the hearing. It also added the “Speaker and Clerk of the United States House of Representatives and the President and Sec- retary of the United States Senate” as resolu- tion recipients. A companion bill in the Senate, SF0054, has been referred to the Agriculture, General Leg- islation and Veterans Affairs Committee.