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
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The Senate Chamber came to life Tues., Jan. 29, as Senators reconvened to start the 2002 Legislative Session. Photo by David J. Oakes
February 1, 2002
1 Senate Highlights Senators return, less two Sen. Douglas Johnson (DFL-Tower) Unemployment programs Reconvening for the second year of said Solon never forgot where he came evaluated from–honest, humble roots. However, the 82nd Legislative Session, Senators The Jobs, Housing and Community Johnson said, he believed Solon was took note of the major events that tran- Development Committee embarked on the spired in Minnesota and the nation since watching the Senate and perhaps even session Weds., Jan. 30, with a somber the Legislature adjourned last summer. trying to vote in the special election called overview of the status of the unemploy- Majority Leader Roger Moe (DFL-Erskine) to fill his seat. ment insurance and dislocated workers noted the two vacancies in the Senate and Noting that Solon liked floor programs. commented on the legislative careers of speeches to be kept short, Minority Leader Department of Trade and Economic the two men who once represented St. Paul Dick Day (R-Owatonna) said there was Development Commissioner Rebecca and Duluth. Of former Sen. Randy Kelly one overriding quality he admired about Yanisch testified to the stress of the mass (DFL-St. Paul), Moe said the Senate wishes Solon, his gentlemanly demeanor. lay offs on the state’s workers, unemploy- him the best as Kelly settles into the St. “On our side of the aisle, we have ment programs and economy. She said that Paul mayor’s office. “I have a feeling we never had anybody treat us as well. He was unemployment claims rose 50 percent will see a lot of Mayor Kelly in the years a class act and we’re going to miss him,” from 2000 to 2001 and Minnesota had lost and months ahead,” Moe said. Day said. 45,000 jobs since last May. Last session, Moe also repeated comments he made Senators also took action on H.F. Yanisch said, the Legislature was shocked earlier in January at the memorial service 2681, a bill regarding the terrorist attacks by the LTV Mine closing, which displaced for the late Sen. Sam Solon (DFL-Duluth). of Sept. 11, 2001. The bill is a resolution 1,400 workers in Northern Minnesota. Solon passed away Dec. 28, 2001, after a Since then, she said, things have only battle with cancer. “He was legendary for transmitting to the national government the Legislature’s sympathies to those gotten worse. She said Northwest Airlines being able to do things for his community has laid off 20 percent of its workforce and and his area of the state,” Moe said on the people directly affected by the attacks and appreciation of the actions and efforts of the possible closing of Fingerhut opera- Senate floor. He noted that the most tions will result in thousands more consistent part of Solon’s legislative career police, firefighters and rescue workers, unemployed workers. “We have twice as was a dedication to health and human among others. The bill was approved, 64- many dislocated workers this year than at services issues. “He gave of himself and 0. the same time last year, and last year was a gave of his time in his public life to help After dealing with several procedural record bad year,” she said. “You can see so many who didn’t have a voice and matters, including bill introductions and from the statistics that this is an emer- didn’t have the resources” to lobby the referral, the Senate adjourned until Mon., gency.” Senate, Moe said. Feb. 4. Of the $14.4 million that the dislo- cated workers program has to assist the Senate Briefly is a publication of the Photography: victims of mass layoffs, $10 million has Minnesota Senate Publications Office. David J. Oakes already been allocated. Yanisch said that During the 2002 Legislative Session, Shelley Hawes the remaining $4 million could pay for each issue reports daily Senate activities benefits for 1,250 individuals. between Thursdays of each week, lists Writers: Lee Helgen, director of the Minnesota upcoming committee meeting schedules Karen L. Clark Workforce Council Association, which and provides other information. The Joshua A. Dorothy provides educational programs, employ- publication is a service of the Minnesota ment services and training to unemployed Steve Holman Senate. No fee. It can be made available workers, said, “If we run out of money, we in alternative formats. Mary Kate Stimmler put people on the waiting list. We may Matthew Wickman even have to terminate the participation To subscribe, contact: of thousands of people using the workforce Senate Publications Office centers.” G-22 Capitol Director of the Unemployment 75 Constitution Ave. Insurance Program Jack Weidenbach St. Paul, MN 55155-1606 Senate Briefly is published weekly outlined the results of the soft economy on (651) 296-0504 during the Legislative session by the the state’s coverage of workers. He said 1-888-234-1112 Minnesota Senate Publications Office, that employee pay-outs from the insurance (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. fund during the week of January 6 were Paul, MN 55155-1606. Periodical $10 million greater than during the same week last year. “If the economy stays where Editor: postage paid at St. Paul, MN. POST- it is,” he said, “We will likely need to Karen L. Clark MASTER: Send address changes to Senate Briefly, Senate Publications borrow.” Office, G-22 Capitol, 75 Constitution Weidenbach said that the unemploy- Assistant Editor: ment surcharge paid by employers may not Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy be used to pay off the interest on loans. Instead, he said, a special higher solvency
2 Yvonne Prettner Solon won the second special election, in Senate District 7, to fill the seat left vacant by her late husband, Sen. Sam Solon. Prettner Solon, a DFLer, served on the Duluth City Council and is a psychologist. She has a BSD in social development and psychol- ogy and an MA in educational psychol- ogy. Both Moua and Prettner Solon will be sworn in Mon., Feb. 4, during the Senate session.
Frequently called numbers
Senate Secretary of the Senate 231 Capitol (651) 296-2344 Senators-elect Mee Moua, left, and Yvonne Prettner Solon were elected to the Senate Voice mail/order bills (651) 296-2343 Tues., Jan. 29. Photos by David J. Oakes Senate Index 110 Capitol (651) 296-2887 rate of the unemployment surcharge goes unemployed persons and the economy. Senate Information into effect to repay the interest. However, “Minnesota’s workforce is our greatest 231 Capitol (651) 296-0504 he said, the unemployment rate this year strength,” said Moe. “We need to keep that Toll free 1-888-234-1112 Senate Committee Hotline (651) 296-8088 will probably not be great enough to up and keep workers here. Otherwise, Senate Sergeant at Arms trigger the higher rate even though the when we come out of the recession, we’ll G-1 Capitol/Chamber (651) 296-1119 fund may go into debt. be back with the same labor shortage we Senate Counsel & Research “But if employee pay-outs are low had before.” Yanisch said, “Our goal is to G-17 Capitol (651) 296-4791 enough we may be able to pay off the debt come out of this economic downturn TTY, Senate (651) 296-0250 before it incurs interest,” Weidenbach said. stronger than we came in to it. We can Toll free 1-888-234-1216 He explained that because of the structure only do that by investing in skills of of the billing schedule, money borrowed workers.” between January and September and paid House off before September does not accrue Chief Clerk of the House interest. “Timing is important and tricky,” Special elections held 211 Capitol (651) 296-2314 he said. In addition to being the first day of House Index Union representatives testified about the legislative session, Tues., Jan. 29, was 211 Capitol (651) 296-6646 the importance of the state’s commitment also the day for two special elections to fill House Public Information to workers. Brad Lehto from the Minnesota Senate seats left vacant during the interim. 175 State Office Building (651) 296-2146 Toll free 1-800-657-3550 AFL-CIO said, “The ability of the state’s Voters in Senate District 67 made House Committee Hotline (651) 296-9283 economy to rebound depends on the state’s history with the election of DFLer Mee workers.” He said that $63 million had House Sergeant at Arms Moua, the first person of Hmong descent 45 State Office Building (651) 296-4860 been diverted from the dislocated workers in the nation to be elected to a state House Research fund and used to pay for non-labor legislature. Moua, 32, was born in Laos 600 State Office Building (651) 296-6753 programs. Now that the funds are desper- and lived for about five years in a refugee TTY, House (651) 296-9896 ately needed, there is no money left to camp in Thailand, before her family came Toll free 1-800-657-3550 help workers, he said. Tim Lovaasen, to the U.S. She lived in Rhode Island and representing the Communication Workers Wisconsin, received a BA from Brown of America, said, “The unemployment Joint insurance is not a tax, it is a premium University, an MA from the Lyndon Legislative Reference Library employers pay for their workers. Workers Baines Johnson School of Public Affairs 645 State Office Building (651) 296-3398 have given up part of their wages to pay and a law degree from the University of Revisor of Statutes for the premium so they are entitled to Minnesota. She is an attorney, currently on 700 State Office Building (651) 296-2868 benefits.” leave from the law firm of Leonard Street Capitol Information Desk Senators Roger Moe (DFL-Erskine) & Deinard. The seat she fills was left 1st Floor Capitol (651) 296-3962 and Ellen Anderson (DFL-St. Paul), said vacant by the election of Randy Kelly as Capitol Historic Site Tours that workforce training programs were mayor of St. Paul. The district includes B-59 Capitol (651) 296-2881 essential to growing the opportunities of much of St. Paul’s East Side. Capitol Security B-4 Capitol (651) 296-6741
3 Committee update Crime Prevention used by law enforcement agencies for Hennepin School District, said the budget investigation, contact location, permit proposals will force community education CriMNet reviewed processing and background checks, programs to scale back programs and The initial meeting of the Crime Delmont said. accelerate the trend towards fee-based Prevention Committee, Weds., Jan. 30, was Dale Good and Mark Kryzer, of the participation. Sen. Jane Ranum (DFL- devoted to a review of Minnesota’s Supreme Court, explained the elements of Mpls.) said the budget cuts will dismantle CriMNet program, the criminal justice the Minnesota Court Information System. the community education programs in information system. Committee Chair Jane One element of the Minnesota Court Minnesota that have served as a national Ranum (DFL-Mpls.) began the hearing by Information System, a “sentencing wizard,” model. saying, “Today is one of those rare times provides courts with a review of statutes Lynn Steenblock and School Board when we can see the fruition of efforts and sentencing guidelines for particular Member Rebecca Otto said the Forest begun in 1993. An integrated criminal cases, prints the necessary paperwork and Lake School District will bear a dispropor- justice information system that will result electronically communicates data to tionate burden if the proposed cuts go in making our state and our citizens safer.” CriMNet. through. Bob Meeks of the School Board The first speaker, Commissioner Thomas Kooy, deputy director of Association said a proposed education Charlie Weaver, Dept. of Public Safety, CriMNet, continued the profile of sales tax makes no sense because “govern- said the hearing was a historic occasion CriMNet and stressed that information ment can’t tax government” and said better and that he was proud to show the results about an individual is web-based, avail- equity provisions are needed as evidenced of the state’s investment for the last ten able from a single access point and is by the high number of school referendums years. Weaver also said that no other state derived from multiple state systems. in the past two years. Vernae Harsbargen in the nation has a comparable high tech from the Minnesota Rural Education criminal justice information system. Education Association said the budget cuts unfairly David Billeter, executive director of impact rural students. Harsbargen said the CriMNet, introduced the various elements Budget testimony heard three critical elements that should be of the system. Billeter said, “The goal of The Education Committee, chaired by considered for education policy are a the CriMNet system is putting the right Sen. Sandra Pappas (DFL-St. Paul), met stable source of revenue, fairness to all criminal justice information in the hands Weds., Jan. 30, to hear testimony from students, and the need for a long-term of the right people at the right time and in various agencies and school officials solution. the right place.” Thus far, Billeter said, regarding the impact of the governor’s The Chancellor of Minnesota State CriMNet contains several different budget reduction proposals. The commit- Colleges and Universities (MnSCU), elements–the Statewide Supervision tee heard from early childhood, K-12 and James H. McCormick, said last fall System, the Predatory Offender Registry, higher education representatives. Jim MnSCU enrollments increased 5.6 percent the Minnesota Repository of Arrest Photos, Koppel, executive director, Children’s to record levels, an increase of over 9,000 and the Minnesota Court Information Defense Fund, said that when Minnesota students. The governor’s 5 percent System that may be accessed through a enjoyed a $13 billion surplus between proposed reduction comes to $32 million, single web portal. Another element, the 1997 and 2001, over half of the extra the equivalent of the combined operating Multiple Jurisdiction Network Organiza- money went toward tax cuts and rebates, costs of three campuses in the system, tion, though not a part of CriMNet, may while almost none went to health and McCormick said. McCormick added he also be accessed. human services and children and families. was committed to a “no deficit” policy and The Statewide Supervision System, Now that we are in a deficit situation, a combination of program cuts, greater which was reviewed by Dan Storkamp and Koppel said, these latter areas are targeted efficiencies, tuition increases, and reserve Deb Kershner from the Dept. of Correc- for cuts. “Don’t look in the most conve- funding were necessary to counteract the tions, contains information on all Minne- nient places for cuts amongst the most reductions. sota offenders under supervision, including vulnerable,” Koppel said, “We will pay for jails, prison, probation and detention it when families fail.” Environment and facilities. The Statewide Supervision Sue Gunderson, of the Sustainable System has over 1.8 million records Resources Center, said the budget propos- Agriculture Budget Division available and over 3,000 users statewide. als could have a serious impact on early The Predatory Offender Registry and childhood development, especially Parks bonding needs presented the Minnesota Repository of Arrest Photos amongst the less fortunate. Her center, Tues., Jan. 29, members of the were developed by the Bureau of Criminal which provides lead poisoning informa- Environment and Agriculture Budget Apprehension and contain searchable tion to low-income families, could be Division inaugurated the session with an databases on the whereabouts and charac- eliminated under the proposal. Sen. Jane overview of the capital improvements teristics of sex offenders and on facial Krentz (DFL-May Township) said that needed by state parks. recognition technology respectively. many preventative programs have been hit Steve Morse, deputy commissioner of The Multiple Jurisdiction Network hard by the administration. Krentz also said the Department of Natural Resources Organization (MJNO) is not currently part these reductions were shortsighted because (DNR), described the growing interest in of CriMNet said Dennis Delmont, of the the needs the programs address can’t be state parks since Sept. 11 to Division Chair Minnesota Chiefs of Police Association, met any other way. Dennis Carlson, chair, Leonard Price (DFL-Woodbury) and panel but may be at a later date. The MJNO is Community Education for the Anoka- members. He said that people are less able
4 to afford to take vacations out of state and that the department will make safety for zoo of the future, the facility no longer warier of flying to their destinations. park workers a top priority and add delivers a sophisticated message to a “More and more people want to travel on security call buttons, silent alarms, modern audience and lacks the “charis- a tank of gas,” Morse said. Calls to the emergency exits and security cameras in matic megavertebrates” that visitors tend parks information center, he said, rose 39 contact stations. “We will never have 100 to expect from a zoo, Ehmke told the percent this year from last year. percent safety,” he said, “but we are going panel. “However,” Morse said, “in the current to do the very best we can.” The four-phase project includes the condition, the Minnesota state park system redevelopment of two trails, a rebuilt cannot accommodate an increase in use.” Zoo presents master plan entrance to the zoo designed to present The DNR is requesting an allocation of Outlining a $115 million expansion Minnesota wildlife and habitat to zoo $31 million for the state park initiative, project before the Environment and visitors before they pass through the zoo’s which includes repairs to water and sewer Agriculture Budget Division, Weds., Jan. front door and a renovated main building systems, campgrounds and picnic areas and 30, Minnesota Zoo CEO and Director Lee that will quadruple the educational roads, bridges and trails. The proposed Ehmke said the zoo intends to become one facilities of the zoo and provide a dedi- spending also covers construction of new of the top facilities in the nation. The cated entrance for school groups. “We sanitation buildings, contact stations and master plan he and Jim Reinholdz, intend this plan to be self-supporting,” two new visitor centers. Minnesota Zoo CFO, presented includes a Ehmke said, noting that the gift shop will Morse said that the state park restora- four-phase renovation and expansion of be moved to a higher-profile location tion program would create construction the zoo to be completed in 2007. within the main building. projects across the state that will put When the zoo opened in 1978, Ehmke Current visitors to the zoo number people to work and stimulate the said, only one-third of the original vision about 1 million, he said, but the renova- economy. was complete. Since then, expansion and tion is expected to increase that figure to William Morrissey, director of the renovation has been done in a piecemeal around 1.3 million. Ehmke told the panel DNR’s Parks and Recreation Division, said fashion, he said. Once envisioned as the that the zoo intends to keep its current
CNN reporter and native Minnesotan Aaron Brown spoke of his personal experience with reporting the events of Sept. 11, 2001, as the keynote speaker during the “Minnesota Horizons Program” on Thurs., Jan. 31. Designed for legislators and staff, the program was an opportunity to engage in a broader, long-term discussion of issues facing our state. Photo by David J. Oakes
5 Committee update million is being requested by the zoo in state bond proceeds. Reinholdz said the zoo is also requesting, separately, a $3 million allocation for asset preservation. The panel, chaired by Sen. Leonard Price (DFL-Woodbury), also heard a request from the Office of Environmental Assistance for $3 million. Sigurd Schuerle, OEA, said the allocation is for grants to five projects under the capital assistance program (CAP). CAP grants are used to help finance the capital costs of solid waste processing facilities with resource recovery. Eligible facilities, Schuerle said, include waste-to-energy, composting and recycling sites. Lisa Thorvig, assistant commissioner of the Pollution Control Agency, pre- sented a $10 million request to clean and close municipal landfills. She said the Legislature approved up to $90 million in bond proceeds over a 10-year period, beginning in 1994. However, legislation passed in 1997 required the commissioner of finance to cancel unspent bond authorizations if the authorizations were more than four years old, Thorvig ex- plained. Thus, the PCA lost about $56 million in unused bond authorization. The request before the panel, she said, is part of a three-step approach to recover the lost funds. Steve Morse, deputy commissioner, also completed the Dept. of Natural Resources bonding proposals. Price informed the division that the target for permanent cuts to the FY 02-03 budget was no longer zero but $10 million in their budget area. He said the division will finalize its recommendations and present them to the Finance Committee on Weds., Feb. 6. Health and Family Security Caregiver bill discussed Members of the Health and Family Security Committee, chaired by Sen. Dallas Sams (DFL-Staples), met Wed., Jan. Fire and emergency personnel demonstrated their equipment in front of the Capitol 30, to discuss several measures. on Tues., Jan. 29, to promote the creation of the Legislative Fire/EMS caucus—an Sams led discussion on legislation, effort to educate the public on fire and emergency medical services. still being drafted for the committee, that Photo by David J. Oakes prohibits the hiring of individuals con- victed of a violent crime as caregivers. admission prices, adjusted for inflation, naming rights to many of the exhibits to According to Sams, the measure, proposed stable for as long as possible. He and raise revenue. Ehmke compared the zoo by the attorney general, was inspired by Reinholdz emphasized that the relocated project to recent zoo renovations in Seattle recent news reports focusing on incidents gift shop and increased meeting space will and Washington, D.C., for $125 million with local caregivers who were later be important revenue enhancers. and $100 million, respectively. Of the discovered to have been convicted of Reinholdz also said the zoo will be selling $115 million needed for the project, $84 violent crimes in the past. The bill changes
6 the licensing statute so that anyone commissioner of the Minnesota Depart- Members heard testimony from dozens convicted of a violent crime is perma- ment of Health and establishes a new of people representing a variety of nently disqualified from working with restricted category of licensure for plumb- programs and organizations dealing with vulnerable adults and children. Under ers working in cities with fewer than 5,000 such issues as job training, county govern- current law, set-asides may be granted to residents. The bill also establishes fees for ment, homelessness, child abuse, nursing perpetrators of violent crimes on a case-by- plumber licensure and related activities, home care, mental illness, health care, and case basis. Many people testified regarding requires inspections of all new plumbing other medically related concerns. Com- the subject. installations, and directs the commissioner ments were brief, and the Senators asked Linda Sutherland, from the Minnesota to adopt rules regarding suspending, only a limited number of questions. Department of Health, testified regarding revoking, and refusing to grant or renew Among those testifying was Jerry some concerns the department had with licenses and registrations. According to Vitzthum, director of the Anoka County the proposed legislation. She said a Lourey, the idea for the bill came after job training program, who spoke regarding national criminal background check– hearing of several incidents where people the governor’s cuts in the various welfare which the measure would require for all were harmed or were unable to buy or sell to work and job training programs across applicants–would take a long period of a home because of unsafe water. the state and in Anoka County. He said time to complete. As a result, she said, “We’ve had so many examples of that across the state approximately $1.2 many potential applicants may be discour- families who have been hurt,” she said. “It’s million is being cut from the counties food aged by the process and nursing facilities added barriers to people’s lives as well as stamp and employment training programs. may be understaffed while they wait for being a health hazard.” Because the counties get matching federal the results. Several Senators raised questions dollars for the program, he said, Minnesota Sutherland also said the department regarding the cost of the inspections counties will also lose $1.2 million in would have difficulty funding the pro- required in the bill to the consumer. Sen. federal government grants. As a result, he posed measure. She reported a projected Sheila Kiscaden (R-Rochester) said that said, the cuts will cost Minnesota counties cost of $5 million per year to complete the the price of an inspection adds a high cost roughly $2.4 million–or 75 percent of checks, which would use all of the money to homeowners or to owners of apartment their total budgets for the employment the department receives for licensing fees. buildings. She also noted that new fees program. He also reported that, in Anoka “I’m concerned about what it will do may have an impact on the cost of low County, the cuts drop their budget for the to the system from a cost standpoint,” she income housing. food stamp employment program from said. “Are we adding to the cost of afford- $134,136 in 2000-01 to approximately able housing? I don’t know if we’ve taken Some Senators had concerns about $35,604 in 2002-03. According to a look at that kind of consequence,” she disqualifying all applicants who had been Vitzthum the program serves thousands of said. involved in just one violent incident in Other Senators had similar concerns, people, but if there are enough cuts, he the past. While acknowledging that there but the bill was approved and referred to said, “there would be no one served.” are some people who should not be the finance division for further review. Vitzthum said that the various cuts are working with vulnerable adults or chil- Lourey also carried S.F. 887, which unfortunate because they affect programs dren, several said circumstances should be creates a system of registration for medical which are currently used to serve the most looked at in some cases. Members also said response units and specialized medical difficult welfare cases in Anoka County. a pattern of incidents should be looked response units and sets qualifications for Because more people are now using these for, as opposed to one incident many years registration and renewal. Minnesota Fire services in the county than last year, he in the past, and the specifics of the Chiefs Association representative Ron said that the cuts come at an inopportune incident should be looked at as well. Payne testified in favor of the bill. He said time as well. Sue Sperling, whose son was abused at the registration, which is voluntary, “This is coming at a time when the age of six by his caregiver, testified for “enhances the care of the Emergency caseloads are increasing considerably in the proposal. She said the amount of time Medical Systems (EMS) throughout the Anoka County,” he said. “I’m puzzled as to spent to find someone with a violent past state.” The bill was approved and sent to why the governor would choose these shouldn’t matter. She also said she believes the floor. [programs] for cuts.” in giving people second chances, but not Also testifying from the county when it come to caring for children. Health, Human Services and perspective were Kevin Kelleher, Houston “There are jobs at Target or at a County commissioner and chair of the warehouse. There are jobs all over the Corrections Budget Division Association of Minnesota Counties, and world,” she said. “Why must they work Maila Hedin, Scott County human with our most vulnerable citizens?” Public testimony heard services director. They spoke regarding Discussion of the measure will Members of the Health, Human cuts in various county programs across the continue. Services and Corrections Budget Division, state dealing with such issues as child Sen. Becky Lourey (DFL-Kerrick) chaired by Sen. Linda Berglin (DFL- abuse, DWI, domestic abuse, job training authored legislation requiring the licen- Mpls.), met Tues. Jan. 29, to hear public and self-sufficiency. They reported that a sure of plumbers, establishing inspection testimony regarding the effects of the total of approximately $55 million is requirements for new plumbing installa- governor’s budget cuts on various state- being cut from a number of programs in tions, and setting fees. The bill, S.F. 819, wide programs in health, human services county budgets across the state, which, requires all plumbers to be licensed by the and corrections. they said, may force counties to raise
7 Committee update property taxes to acquire the needed funds. Regarding the cuts in the Welfare-to- hearing and resulted in differing benefits They also said that cuts in certain welfare Work program, like others discussing the for House, LCC and Senate employees in related programs may prevent counties issue, McLaughlin said the cuts come at a regard to same sex domestic partners. The from properly serving the needs of their particularly bad time. He said Hennepin Rules and Administration Committee had clients. County welfare rolls have increased by to adopt the changes in order for the Echoing Vitzthum–and many others 2,000 since January of last year, with an Senate employee benefits to be official. who testified–they also said that the cuts increase of 1,000 since just September. It is The package included a number of are occurring when usage of welfare not the time, he said, to be cutting funds changes, such as conforming the new related services is increasing. for welfare related programs. health insurance plans for employees to “These cuts come at a time when “If we’re going to succeed in this that for other state employees, eliminating demand is on the rise,” said Kelleher. economy we need these kind of resources references to the daily rate of pay for Tarryl Clark, executive director of the in place,” he said. “It’s essential.” employees and allowing money in Minnesota Community Action Agency in Also testifying was Dawn Wells, employee health care savings plans to be St. Paul, testified regarding budget cuts to administrator of St. James Health Services used after separation to pay for insurance various development agencies across the and representing the Minnesota Hospital premiums. state. According to Clark, the agencies Association. Among other things, Wells Sen. Dick Day (R-Owatonna) offered stand to lose much of their ability to help said that the cuts will reduce state Medic- an amendment deleting the language their communities if the money they aid funding to hospitals across the state by providing that members and staff of the receive from the state is taken away. As an $25 million for fiscal years 2003-2005. Senate be able to enroll a domestic partner example, she said one such agency–the She also reported that the cuts affect the for health, dental and life insurance Arrowhead Economic Opportunity federal match as well, costing hospitals a benefits. Day said that the provision Agency, which serves people in Cook, total of $50 million as a result. discriminates against heterosexual domes- Lake and St. Louis Counties in Northeast- “These cuts to hospitals will affect tic partners. Sen. Linda Berglin (DFL- ern Minnesota–will lose 42 percent of patient care, current hospital employees Mpls.) countered that heterosexual their funding for employment services, 21 and a hospital’s ability to attract needed domestic partners have the option to get percent of their funding for displaced new workers,” she said. “There is not a married, while same sex domestic partners homemakers, 10 percent of their funding sound rational for these hospital cuts.” do not. Sen. James Metzen (DFL-South St. for housing services, and 10 percent of Keith Carlson, executive director of Paul) said that the benefit plan followed their funding for adult education services. the Minnesota Inter-County Association, the agreements reached between the state testified regarding cuts made to the and several bargaining units and that it is More public testimony heard corrections budgets in the state’s counties. customary for the Senate to adopt similar Members of the Health, Human He said the cuts amount to approximately provisions. Members rejected the amend- Services and Corrections Budget Division, $5.6 million, and may force many county ment on a 10-11 roll call vote. The chaired by Sen. Linda Berglin (DFL- corrections units to forego some services. changes in employee benefits were the Mpls.), met Weds., Jan. 30, to hear more Members also looked briefly at the approved on a voice vote. public testimony regarding the effects of bonding recommendations for the divi- The committee, chaired by Sen. Roger the governor’s budget cuts in health, sion. For the years 2002-2006, the division Moe (DFL-Erskine), also adopted several human services and corrections. recommended a total of over $109 opening day resolutions relating to the Hennepin County Commissioner compensation of interns, stamp allowances million, and according to Berglin, the top Peter McLaughlin testified regarding the and changes to the permanent and priorities for bonding are roof replacement four most difficult cuts for Hennepin temporary employee rosters. County to handle. These four, he said, are and asset preservation. The recommenda- tions were also given rankings of one, two the increase in county share for state State Government, operated services from 10 percent to 20 or three to help in prioritizing them. percent, the elimination of funds for the Members approved the ratings. Economic Development and Consolidated Chemical Dependency the Judiciary Budget Treatment Fund Tier II program, increas- Rules and Administration ing to 10 percent the share that county has Division in the cost of nursing homes for disabled Employee benefits plan okayed persons staying over 90 days, and eliminat- The first meeting of the Rules and Budget cut proposals heard ing funding for certain Welfare-to-Work Administration Committee, Tues., Jan. 29, The State Government, Economic programs. He said that because of the was highlighted by a close vote on a Development and the Judiciary Budget number of people that Hennepin County change to the “Legislative Plan for Division, chaired by Sen. Richard Cohen serves, the cuts affect the county dispropor- Employee Benefits and Policies” that (DFL-St.Paul), met Tues., Jan. 29, for tionately. He also said that while the cuts contained a section providing that Senate discussion regarding the governor’s may help solve the state’s budget woes, employee benefits include same sex supplemental budget recommendations. they will cause new woes for the county. domestic partners. The package of The committee heard testimony from “We’re afraid we’ll be balancing the proposed benefits for legislative employees representatives from nine departments and state’s budget by taking on new responsi- had been reviewed by the Legislative agencies that fall under the jurisdiction of bilities,” he said. Coordinating Commission at an earlier the division.
8 Cohen said that he hoped the panel When asked about the effects of a hiring workforce by 63 positions and cut its could complete discussion and send a set freeze, Dutcher replied that audits are budget by $10.5 million over FY 2002-03, of prioritized recommendations to Sen. statutorily required, so auditors must be a 5.4 percent reduction. The reductions Keith Langseth (DFL-Glyndon) and the replaced. will come in the areas of tax administra- Capital Investment Committee by Tues., Deputy Secretary of State Bob tion support, tax policy support, tax filing Feb. 5. Cohen said the division has a target Schroeder emphasized in his testimony that and payment processing, and technology of $40 million in permanent cuts. Further, the Secretary of State’s Office is a net investment. Erno said it was important to he said that many of the proposed cuts contributor to the general fund, depositing protect certain aspects of the department, were insufficient because they did not approximately $1.50 for every $1 of such as the income tax re-engineering come from ongoing money. Cohen said the expenditures by the office. Schroeder said initiative, electronic government services, $40 million figure was a suggestion from the proposed cuts of $1.117 million over and tax system reforms mandated previ- the Finance Committee, and that the $40 the next 17 months would result in ously by the Legislature. Because of a million target was determined to be revenue reductions beyond the size of the preponderance of “single-purpose” roughly half of the cuts proposed by the cuts. Schroeder indicated that the office employees, Erno added, a hiring freeze governor for FY 2002 and 2003. has already taken steps to reduce hours and would prevent the department from hiring Greg Hubinger, director of the services offered by the office, and has for the critical positions. Legislative Coordinating Commission, planned 21 layoffs, which is a 20 percent discussed the potential impact in FY 2003 reduction in staff. Schroeder said that Budget cut proposals continued of the governor’s proposed 10 percent revenue projections would be 35 percent Sen. Richard Cohen (DFL-St. Paul), reduction on the commission’s $31 million lower as a result of the governor’s proposed chair, and the State Government, Eco- budget. Hubinger stated the cuts would budget cuts. Cohen questioned if the nomic Development and Judiciary Budget force the commission to reduce its Secretary of State’s office had been too Division met again on Weds., Jan. 30, to workforce by 6 percent, reduce the number hasty with its reductions, and inquired if hear more testimony regarding the budget of interns and temporary staff, drastically the department’s budget remained un- cuts proposed by the administration. reduce staff travel, and scale back devel- scathed after the budgeting process, if the Deputy Commissioner Anne Barry said the opment of the Legislature’s web sites. services could be restored and employees Department of Finance can reduce its $37 Hubinger also discussed the impact on the rehired. Schroeder replied that the services million budget by 9.7 percent by distribut- specific offices of the commission. When and employees could be restored, but not ing payroll information on the Internet asked by Sen. Cal Larson (R-Fergus Falls) under the conditions of a hiring freeze. instead of individual mailings, using on the impact of a hiring freeze, Hubinger Sen. David Knutson (R-Burnsville) said electronic funds transfer to accept funds replied the savings would be only $77,000 the loss of a particular operation, expe- from larger vendors, decreasing the in FY 02, $400,000 in FY 03, and dited same-day walk-up service, was department’s reliance on outside consult- $356,000 in FY 04. “devastating” to business development, ants, and restricting staff travel. Cohen said Attorney General Mike Hatch said and asked if any alternative cuts could be the department’s reduction was propor- that the Attorney General’s Office has made. Schroder replied eliminating the tionally the largest the panel has seen. already reduced its staff by 20 percent service increased the efficiency and Department of Administration since 1998 and requested his office receive productivity of employees. Commissioner David Fisher said his a budget cut of no more than $1 million Deputy Treasurer Jack Manahan department planned to reduce its budget for the next biennium. Hatch said an testified that the State Treasurer’s Office is by $3 million, or 5 percent, over the next additional $1 million in budget savings a small agency of fewer than 15 employees biennium. Fisher said the reductions will could be achieved if “partnership con- and that the governor has not proposed come from staff reductions, the elimina- tracts” were eliminated between his office major cuts for such entities. Manahan said tion of grants to public television and and other state agencies. The $2 million that a hiring freeze would have no impact radio, and a $2 million transfer from a represents a budget reduction of approxi- on the office at present, but could poten- building code reserve fund to the general mately 10 percent, he said. Hatch men- tially have a large impact because the loss fund. Cohen said he was concerned about tioned that the office has had to substan- of a single employee would represent an 8 the department’s emphasis on the elimina- tially increase staff salaries to avoid percent reduction in office staff. Because tion of grants, which he described as “adverse selection,” that is the inability to the State Treasurer’s Office will be phased “disingenuous,” because they were not part attract and retain quality employees due to out by the end of the year, Manahan of the main operations of the department. salary disparities with other public sector pointed out the office’s budget already There also was extensive discussion, led by employers. reflects a reduction in workforce. Sen. David Johnson (DFL-Bloomington) State Auditor Judith Dutcher testified Manahan said that 50 percent of the and Sen. James Metzen (DFL-South St. that she has voluntarily proposed a budget office’s $2.3 million budget goes toward Paul) regarding the appropriateness of the reduction of $1 million in FY 2002-03 for paying bank fees the state is obligated to transfer from the building code fund. the Office of the State Auditor, which pay and suggested that perhaps $30,000 Metzen expressed surprise that builders represents a 5 percent reduction of its $20 could be saved by the consolidation of would agree to such a transfer, and Johnson million budget. Dutcher pointed out that bank accounts by the office. felt the money should be spent on im- auditors generate revenue and have The Department of Revenue was proved building code enforcement. traditionally returned 70-90 percent of represented by Dennis Erno, who said the Minnesota Planning Commissioner their budgeted funds to the general fund. department has planned to reduce its Dean Barkley said the department’s 9
9 Committee update that the project does not dictate what should be subject to state sales taxes, but instead creates uniform definitions of goods and administration policies. “The project,” she said, “is about creating equity among mail order, brick and mortar and online retailers.” According to Wilkes, 41 states have been involved in the streamlining process. Of those states, 22 have adopted the Uniform Sales and Use Tax, which permits them to participate directly in the creation of definitions and policies, he said. Minnesota is one of only three states that has actually adopted them into law, he said. Several committee members raised questions regarding the new way bread is taxed under the streamlined sales tax act. “The way I understand it,” said Sen. Steve Murphy (DFL-Red Wing), “If I get a muffin and eat it right in the bakery, I pay a tax. If I go and buy the same muffin that was made at the same bakery from the QwikTrip across the street, I don’t pay any tax.” He asked whether the streamlined sales taxes could be changed so that “Minnesota Million Mom March” participants lined the staircase leading to the bakeries are not disadvantaged. Senate Chamber on Tues., Jan. 29, to voice their opinions regarding proposed According to Engh, the inequity is concealed handgun legislation. Photo by Shelley Hawes due to the definition of prepared food, adopted as part of the act. Under the law, percent budget reduction would come Income and Sales Tax prepared food, which is taxed, is defined as primarily through staff reductions and Budget Division two or more ingredients combined by the layoffs. Barkley warned that any further seller for sale as a single item. Because cuts would seriously impede the grocery and convenience stores do not department’s ability to carry out its Streamline sales tax presented make the bakery items, they are not taxed statutory obligations. The Income and Sales Tax Budget when bought from these kinds of retailers, Commissioner Julien Carter from the Division commenced the session Wed., she said. Department of Employee Relations said Jan. 30, with a presentation on the progress “What would happen if the Senate the 8.8 percent, or $1.5 million, cut in the of the streamlined sales tax project. next biennium would come from the Larry Wilkes, director of the Depart- adopts a law to change the bread tax,” elimination of the government training ment of Revenue (DOR) Corporate and asked Sen. Don Betzold (DFL-Fridley), service, a merger of staff divisions, and Sales Tax Division, said, “The project is a division chair. “The agreement among the administrative layoffs. Helene Johnson, national effort created by state govern- states involved in streamlining is that each executive director, Government Training ments, with input from local governments state must be substantially compliant,” said Services, spoke in favor of maintaining and the private sector, to simplify and Wilkes, “but the substantial compliance is funding for the program. The State Arts modernize sales and use tax collection.” not clearly defined.” Board was represented by Bob Booker, Jenny Engh, DOR assistant commissioner, A change in the bread tax, he said, executive director, who said the $915,000 said the streamlining was needed to make may or may not constitute substantial reduction (3.5 percent) for the next it possible to tax sales made on the noncompliance. There would be no biennium would come from a reduction of Internet. penalty or fine, he said, but the state may grants, arts councils and administrative In 2001, Wilkes said, Minnesota lost not be allowed to continue participating functions. Booker said all of the funds for $271 million in local and state taxes due in the project. 2002 have already been disbursed. Dennis to electronic commerce. In 2006, he said, Wilkes also said that if 25 states adopt Lord from the Department of Military the loss is predicted to be $921 million. the streamlined definitions the federal Affairs said the $2.8 million, or 10 percent Engh said that the federal government government might allow them to tax cut would come from the elimination of has prohibited the direct collection of Internet sales. If Minnesota is not among 52 custodial positions, the elimination of a sales taxes on the Web because of the the streamlined states, the state govern- youth program, and a reduction in prohibitive difficulty in reconciling the ment would lose out on millions of dollars maintenance and utility repair budgets. differences in state tax structures. She said of lost revenues, he said.
10 Preview Monday, February 4 State and Local Government Operations Transportation and Public Safety Budget Committee Division Chair: Sen. Jim Vickerman Chair: Sen. Dean E. Johnson The Senate will meet at 11:30 a.m. 1 p.m. Room 107 Capitol 4 p.m. Room 112 Capitol Agenda: H.F. 209-Murphy: Shooting ranges. Agenda: Continuation of Mon. Feb. 4 bonding Health and Family Security Committee S.F. 2434-Moe, R.D.: Making certain offices proposals, Historical Society bonding proposals, Chair: Sen. Dallas Sams appointive in Polk County. S.F. 2418- Amateur Sports Commission bonding 1 p.m. Room 15 Capitol Lesewski: Defining health care nonprofessionals proposals, Department of Commerce bonding Agenda: S.F. 2381-Berglin: Regulating hospice proposal. care providers. as essential employees. S.F. 2432-Betzold: Authorizing debt for emergency radio system in Higher Education Budget Division Anoka County. Wednesday, February 6 Chair: Sen. Deanna Wiener 1 p.m. Room 107 Capitol Legislative Commission on Minnesota Commerce Committee Agenda: Review and recommendation of Resources Vice Chair: Sen. Linda Scheid higher education capital bonding requests. Chair: Rep. Dennis Ozment 9 a.m. Room 112 Capitol Testimony from Mark G. Yudof, president of 1:30 p.m. Room 300 N State Office Building Agenda: S.F. XXXX-Oliver: Demutualization; University of Minnesota and James H. Agenda: Review the Issues Seminar and authorizing reorganization of mutual insurance McCormick, chancellor of Minnesota State website survey results. Decide on changes and holding company into stock company. H.F. 58- Colleges and Universities. adopt the Strategic Plan * priorities for trust Betzold: Keg registration. S.F. 1609-Tomassoni: fund and for the future resources fund. Decide Authorizing limited personal use of fireworks. Environment and Agriculture Budget when to announce the RFP, hearing selections Division meetings and hearings time frame. Consider Crime Prevention Committee Chair: Sen. Leonard Price approval of $382,350 in allocations for RIM Chair: Sen. Jane Ranum 4 p.m. Room 125 Capitol Critical Habitat match from 2000 bonding, 9 a.m. Room 15 Capitol Agenda: To be announced. 1998 general revenue and critical habitat Agenda: To be announced. license plates proceeds. State Government, Economic Development Jobs, Housing and Community Development and the Judiciary Budget Division Telecommunications, Energy and Utilities Committee Chair: Sen. Ellen Anderson Chair: Sen. Richard Cohen Committee 9 a.m. Room 123 Capitol 4 p.m. Room 107 Capitol Chair: Sen. James Metzen Agenda: Committee discussion of budget cuts. Agenda: Department of Economic Security 1:30 p.m. Room 15 Capitol report on Paid Parental Leave. S.F. 2456- Agenda: S.F. 2421-Vickerman: Biodiesel fuel as Transportation and Public Safety Budget Anderson: Unpaid parental leave to include a renewable energy source. S.F. 2426-Kinkel: foster parents. S.F. XXXX-Johnson, David: Division Personal property tax exemption for Otter Tail Chair: Sen. Dean E. Johnson Extended Unemployment benefits. S.F. XXXX- project. S.F. XXXX-Day: Personal property tax Sabo: Ergonomic Standards. 4 p.m. Room 112 Capitol exemption for Simon Energy project. Agenda: Department of Transportation and Metropolitan Council bonding proposals. E - 12 Education Budget Division Environment and Agriculture Budget Chair: Sen. LeRoy Stumpf Division 1 p.m. Room 112 Capitol Tuesday, February 5 Chair: Sen. Leonard Price Agenda: To be announced. 4 p.m. Room 318 Capitol Environment and Natural Resources Agenda: To be announced. Health and Family Security Committee Committee Chair: Sen. Dallas Sams Chair: Sen. Jane Krentz Health, Human Services and Corrections 1 p.m. Room 15 Capitol 9 a.m. Room 107 Capitol Budget Division Agenda: To be announced. Agenda: Legislative auditor’s program evalua- Chair: Sen. Linda Berglin tion report on water quality permitting and 4 p.m. Room 123 Capitol Finance Committee compliance monitoring at the Pollution Agenda: Fiscal 2002-2003 budget proposals. Chair: Sen. Douglas J. Johnson Control Agency. Briefing on the state water 4 p.m. Room 123 Capitol program reorganization project. S.F. 2431- State Government, Economic Development Agenda: S.F. 2468-Johnson, Douglas: State Wiger: Repealing the senior angling license fee and the Judiciary Budget Division government budget modifications. increase. Chair: Sen. Richard Cohen Tax Committee 4 p.m. Room 107 Capitol Chair: Sen. Lawrence Pogemiller Judiciary Subcommittee on Data Privacy and Agenda: Committee discussion of budget cuts. Information Policy 4 p.m. Room 15 Capitol Chair: Sen. Don Betzold Agenda: To be announced. Select Tax Subcommittee on Revenue 9 a.m. Room 15 Capitol Forecast Agenda: S.F. 1030-Wiger: National Crime Thursday, February 7 Prevention and Policy Compact. S.F. 2448- Chair: Sen. Lawrence Pogemiller Betzold: Motor vehicle registration records 4 p.m. Room 15 Capitol personal information disclosure. Other bills may Agenda: Discussion with local economists The Senate will meet at 8:30 a.m. be announced. regarding economic forecast.
11 Senate Publications Room G-22, Capitol PRSTD FIRST CLASS St. Paul, MN 55155-1606 U.S. POSTAGE [email protected] PAID PERMIT #2326 (651) 296-0259 ST PAUL MN 55101 TTY (651) 296-0250
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Environment and Natural Resources Telecommunications, Energy and Utilities provisions. S.F. XXXX-Johnson, D.E./H.F. Committee Committee XXXX-Mares: Supplemental thrift plans; Chair: Sen. Jane Krentz Chair: Sen. James Metzen authorization of plans funded from employee 9 a.m. Room 107 Capitol 1:30 p.m. Room 15 Capitol accrued benefits. Rule of 90 early normal Agenda: S.F. 1555-Higgins: Restricting the use Agenda: S.F. XXX-Tomassoni: Iron Range retirement age and benefit tier; potential of phosphorus in lawn fertilizer. power plant legislative proposal. extension to post-June 30, 1989, hirees covered by TRA. Judiciary Committee Environment and Agriculture Budget Chair: Sen. John Marty Division 9 a.m. Room 15 Capitol Chair: Sen. Leonard Price Friday, February 8 Agenda: To be announced. 4 p.m. Room 125 Capitol Agenda: To be announced. Crime Prevention Committee State and Local Government Operations Chair: Sen. Jane Ranum Committee Tax Committee 9 a.m. Room 15 Capitol Chair: Sen. Jim Vickerman Chair: Sen. Lawrence Pogemiller Agenda: To be announced. 1 p.m. Room 107 Capitol 4 p.m. Room 15 Capitol Agenda: Report to the Minnesota Legislature Agenda: To be announced. Legislative Commission on Minnesota on municipal boundary adjustments - Dean Resources Barkley, director, Minnesota Planning, Office of Legislative Commission on Pensions and Chair: Rep. Dennis Ozment Strategic and Long Range Planning; Christine Retirement 1:30 p.m. Room 300 N State Office Building Scotillo, executive director, Municipal Chair: Sen. Dean Johnson Agenda: Continuation of Tuesday meeting. Boundary Adjustment, Office of Strategic and 6 p.m. Room 112 Capitol Review the Issues Seminar and website survey Long Range Planning. S.F. 1471-Vickerman: Agenda: Appropriate mechanism for the results. Decide on changes and adopt the Conforming statutes to reflect transfer of recovery of unpaid member and employer Strategic Plan * priorities for trust fund and for authority from Municipal Board to the Office of retirement plan contributions from closed the future resources fund. Decide when to Strategic and Long Range Planning. S.F. 2464- charter schools (4th consideration). Review of announce the RFP, hearing selections meetings Johnson, Douglas: Providing for tax levy for First Special Session Laws 2001, Chapter 10, and hearings time frame. Consider approval of Cook County hospital district. Article 11, Sections 10 and 12: PERA-General $382,350 in allocations for RIM Critical and PERA-P&F service credit proration Habitat match from 2000 bonding, 1998 provisions. S.F. XXXX/H.F. XXXX: Minneapo- general revenue and critical habitat license lis firefighters relief association; corrective plates proceeds.
12 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 26 Ownership statement
Page 28 Committee roster
Page 30 Preview
Newly-elected Senators Yvonne Prettner Solon (DFL-Duluth), top, and Mee Moua (DFL-St. Paul) took the oath of office in the Senate Chamber during the floor session Mon., Feb. 4. Photos by David J. Oakes
February 8, 2002
1 Senate Highlights Two new senators welcomed Minnetrista), author of the resolution, said enough state employees voluntarily leave Senators Yvonne Prettner Solon the tartan’s color scheme incorporates state state service to achieve the necessary (DFL-Duluth) and Mee Moua (DFL-St. symbols: blue stands for the state’s lakes, savings in salary and benefits, the commis- Paul) officially committed themselves to green for the state’s forests and the Norway sioner of employee relations is instructed serving their constituents and the state, pine, black and white for the loon, wild to implement layoffs, to be applied when the two new members were sworn in rice and snow. Sen. Ellen Anderson (DFL- equally across agencies, in order to achieve during session, Mon., Feb. 4. St. Paul), who is partially Scots, said, “The the savings target. “Government will have Both Senators won special elections resolution is a symbol of the wonderful to do with a little bit less,” Day said. He Tues., Jan. 29, held to fill seats left empty diversity we have in our state.” The said that it would be wrong to break by fellow DFLers. Prettner Solon is taking resolution passed 59-0. promises made to the people of Minnesota the position of her husband, Sen. Sam The Senate also met for a brief floor about programs and levels of service Solon (DFL- Duluth) whose death from session Thurs., Feb. 7, in order to process available from the state by cutting cancer ended his 30-year legislative career. bill introductions and facilitate the programs’ funding. Day said that if the Moua is replacing Sen. Randy Kelly (DFL- movement of bills between committees. revenue forecast improves by about $300 St. Paul), who has moved on to become million, the hiring freeze and possible Mayor of St. Paul. Budget balancing bill assembled layoffs will be avoided. With the inauguration of the new Responding to projections of a Commissioner of Employee Relations Senators, the Legislature’s membership revenue shortfall in the state budget for the Julien Carter said state agencies are more closely reflects the ethnic and gender current biennium, during its Weds., Feb. 6, looking at a variety of strategies to save make-up of the state. Moua, who was born meeting, the Finance Committee consid- money. Carter said that, examining the in Laos, is the first Hmong person to be ered two plans to balance the budget. Both positions vacated and filled in FY 01, most elected to a state legislature in the country. plans resolve the FY 02-03 budget and of the activity was in entry-level positions. She is also the youngest member of the prepare for the FY 04-05 budget. S.F. 2688, Carter said, assumes that workers Senate. The addition of two women to the The first plan presented, S.F. 2688, leaving state service during the 18-month Senate raises the percentage of female offered by Sen. Dick Day (R-Owatonna), hiring freeze imposed by the bill will have members to 37 percent. includes no tax increases and no spending an average salary equal or greater to the During the floor session, several cuts. Day said the plan involves bonding average salary of full-time state employees. Senators sported heather and thistle for $245 million in bottleneck and Carter said a better estimate of savings corsages and boutonnieres to represent intercorridor projects, uses $500 million of from a hiring freeze would rely on the their support of S.R. 164, a resolution that tobacco settlement funds and imposes a annualized cost of positions filled during creates a state tartan. Sen. Gen Olson (R- state hiring freeze. Under the bill, if not FY 01. That figure, Carter said, is $32.4 million, almost one-tenth of the savings targeted in the proposal. Senate Briefly is a publication of the Photography: The bill was rejected, 13-21. Minnesota Senate Publications Office. David J. Oakes Division chairs for the budget areas During the 2002 Legislative Session, Shelley Hawes presented the components of the second each issue reports daily Senate activities budget balancing plan. Sen. LeRoy Stumpf between Thursdays of each week, lists Writers: (DFL-Thief River Falls) began the series of upcoming committee meeting schedules Karen L. Clark presentations with the early childhood and and provides other information. The K-12 education budget. The division publication is a service of the Minnesota Joshua A. Dorothy Steve Holman reduced appropriations by $15 million. Senate. No fee. It can be made available Stumpf said the division did not reduce Mary Kate Stimmler in alternative formats. funding for special education, early Matthew Wickman childhood education programs, or general To subscribe, contact: education program funding. The plan Senate Publications Office “maintains our commitment to education G-22 Capitol funding,” Stumpf said. Sen. Martha 75 Constitution Ave. Robertson (R-Minnetonka) asked why St. Paul, MN 55155-1606 Senate Briefly is published weekly Stumpf’s proposal “decimates funding for (651) 296-0504 during the Legislative session by the three programs without any discussion in 1-888-234-1112 Minnesota Senate Publications Office, division.” In order to address lease aid for (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. charter schools, the proposal reduces Paul, MN 55155-1606. Periodical funding for Advancement Placement and postage paid at St. Paul, MN. POST- International Baccalaureate exam subsi- Editor: dies, the Perpich Center for Arts Education MASTER: Send address changes to Karen L. Clark and Best Practices seminars. Stumpf Senate Briefly, Senate Publications clarified that the cuts in funding for the Office, G-22 Capitol, 75 Constitution Assistant Editor: three programs will mean all students– Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy except those considered low-income–will pay the full fee for taking AP or IB tests
2 and that open positions at the Perpich Sen. Leonard Price (DFL-Woodbury) tax increases. He added that, to address Center will not be filled. Sen. Jane Ranum said environment and agriculture received part of the structural deficit for FY 04-05, (DFL-Mpls.) said that Senators must $9 million in new spending last year and the proposal does not fund inflation for struggle with the fact that charter schools, will be cut by $10 million in the proposal. the next biennium. Sen. Becky Lourey which meet the needs of a high percentage An attempt to maintain a subsidy for (DFL-Kerrick) said she is worried by the of disadvantaged students, are facing the ethanol producers at 20 cents per gallon, huge hole that is left in the budget for threat of closing if they do not receive instead of being cut to 19 cents per gallon future years. Lourey said the Senate may be lease aid dollars. in 2004 as recommended by the budget the only body that will consider searching Sen. Deanna Wiener (DFL-Eagan) division, failed on a voice vote. Price said for new revenues. Without considering presented the funding changes for higher that since 1986, the state has subsidized revenue increases, she said, the proposal is education. She outlined a total of $50 ethanol in the amount of $172 million. highly irresponsible. million in cuts for the current biennium. Maintaining the 20-cent subsidy would The proposal was approved by the Sen. Dave Kleis (R-St. Cloud) said cuts in mean $223 million in subsidies for the committee to be introduced during the higher education are the worst kind to take period 2002-2010. Thurs., Feb. 7, floor session as a committee up in the current economy. With a Cuts to state agencies, amounting to bill. Douglas Johnson explained that the recession and job cuts across the state, $38 million, were presented by Sen. bill’s path will take it to the Tax Commit- Kleis said, Minnesotans will need retrain- Richard Cohen (DFL-St. Paul). He said an tee next and then to the floor during the ing and education. Not providing afford- agreement was reached with the state week of Feb. 11. able opportunities, he said, may cost the courts to offset potential cuts in their state more down the road. budgets by an increase in the civil filing Frequently called numbers Sen. Linda Berglin (DFL-Mpls.) fee. Cohen said the fee has not been raised Secretary of the Senate presented $75 million in cuts to health, since the early 1990s and even the increase 231 Capitol (651) 296-2344 human services and corrections. Sen. proposed by the judiciary does not match Voice mail/order bills (651) 296-2343 Sheila Kiscaden (R-Rochester) said the inflation. The court system also volun- Senate Index committee should consider a Department teered to reduce funds for judges’ pensions, 110 Capitol (651) 296-2887 of Health proposal to transfer patients he said. Senate Information between state hospitals. Kiscaden said the Discussing the proposal as a whole, 231 Capitol (651) 296-0504 proposal will serve people better, at a Douglas Johnson said that Senate leader- Toll free 1-888-234-1112 lower cost. However, she said, some ship does not intend to consider tax Senate Committee Hotline (651) 296-8088 Legislators object because it will mean increases unless the governor can convince TTY, Senate (651) 296-0250 shutting down facilities and losing jobs in leadership in the other body to consider Toll free 1-888-234-1216 their districts. Berglin said that now is not the time to eliminate jobs for workers and ask the few workers who would be able to Finance Committee Budget Reconciliation Proposal keep their jobs under the proposal to move Budget changes their families across the state. Kiscaden and Eliminate budget reserve 653 Committee Chair Douglas Johnson (DFL- Eliminate cash flow account 350 Tower) both asked why departments rarely Eliminate tax relief account 158 recommend cutting positions and programs Eliminate LGA reform account 14 in the Metro Area, but rather shut down Transfer from Assigned Risk Plan 95 facilities in Greater Minnesota that are Transfer from Worker’s Comp Special Fund 282 crucial to their communities. Refinance bottleneck/intercorridor projects 245 Echoing the governor’s comments that Cancel remaining St. Paul busway funds 15 “everyone should share the pain,” Sen. Delay sales tax acceleration buyback plan 119 Dean Johnson (DFL-Willmar) presented Permanent spending reductions $10 million in cuts to transportation and Health, human services and corrections 75 public safety areas, including $175,000 off E-12 education 15 the annual budget for executive protec- Higher education 50 tion. Dean Johnson explained the cuts will Transportation and public safety 10 not affect protection provided the Environment and agriculture 10 governor when he is on state business. State government 38 Rather, he said, the cuts will come from Dept. of Revenue 15 money spent on protecting the governor Transfer to dislocated worker program (18) when he travels out of state on personal Eliminate tax increment grants 129 business. Debt service (8) “The governor will have to stay home Total savings 2,247 more,” Dean Johnson said. Day said he felt bad for Dean Johnson because the budget Forecast shortfall (1,953) cuts to transportation will “annihilate Difference (to budget reserve) 294 transportation in Greater Minnesota.” Figures are in $ millions. Source: Senate Office of Fiscal Policy Analysis
3 Committee update Commerce amount of boot-legged, illegal, homemade fireworks are available for sale in Wiscon- pyrotechnics that do not meet federal sin, but not to residents of Wisconsin. Fireworks bill fizzles standards and to a lack of fireworks safety In other action, the committee heard a After almost 90 minutes of testimony awareness campaigns. Weimer said that bill regarding keg registration, H.F. 58. from both proponents and opponents, a S.F. 1609 is one of the toughest fireworks Carried by Sen. Don Betzold (DFL- bill to legalize fireworks in Minnesota met regulation bills he has ever seen. He said Fridley), the bill is designed to discourage a quiet end in the Commerce Committee, the bill, if enacted, would be the first state alcohol use by minors by requiring that all Wed., Feb. 6. The bill, S.F. 1609, carried law in the nation to put the onus of beer kegs sold carry an identifying label by Sen. David Tomassoni (DFL- responsibility squarely on the shoulders of and making it a misdemeanor to remove Chisholm), died on a tie vote, 6-6. adult purchasers if children use fireworks. the label. “This law will cause adults to The bill authorizes the use of personal Representatives of the Minnesota Fire think twice before providing alcohol to minors,” he said. Steve Jerman said he had fireworks, classified as 1.4G under federal Chiefs Association, Minnesota Fire ready access to alcohol as an underage regulations, from July 1 to July 7 and Dec. Marshals Association and League of youth from older siblings, older sports team 25 to Jan. 2 each year. Under the bill, Minnesota Cities testified strongly against members and parents. Jerman, who said he fireworks may be sold from May 1 to July the bill. Anne Finn, League of Minnesota has been sober for 19 months, said he has 15 and Dec. 1 to Jan. 2 each year. The bill Cities, said her organization’s members seen too many underage friends get hurt at requires that authorized retailers of believe legalization will undermine local parties and believes that keg registration fireworks post signs making consumers fire safety efforts and increase safety costs. will be a major deterrent. Brenda aware of the limited dates for using She said that the times of year when Visnovec, city of Lakeville, said a similar purchased fireworks. It also requires fireworks use will be legalized, under the keg registration program in her community retailers to verify a purchaser’s age and bill, are already times of increased public has cost only $80 over the past six months. distribute safety information to consumers. safety activity and alertness. Adding noise complaints, fires and fireworks accidents to The program in the bill, she said, produces S.F. 1609 sets various safety requirements positive outcomes at minimal cost. H.F. 58 for fireworks retailers, including that they the mix, Finn said, is not desirable. Nyle Zikmund, Minnesota Fire Chiefs Associa- was approved and sent to the floor on a may not sell other items in fireworks stores voice vote. during the authorized sale period and must tion, said the bill legalizes the recreational use of explosives that are of sufficient The committee also approved and remove all fireworks from the property sent to the floor S.F. 2592. The bill, before using the store for other retail uses charge to do damage to users. He added that the bill leaves nothing more to authored by Sen. Edward Oliver (R- during non-fireworks time periods. Deephaven), specifies how mutual Commissioner of Public Safety legalize without being overruled by federal law. “Fireworks are fascinating to children insurance holding companies may reorga- Charlie Weaver said the governor supports nize as stock companies. the bill because the legislation presents a and fire is fascinating to children,” reasonable compromise and cautious Zikmund said. However, legalized fire- approach to legalization, opens up new works teach irresponsible fire play, he said. Crime Prevention revenue streams for the state and because He suggested that if the argument is that “sometimes government goes too far in “everyone is doing it”–illegally using Panel hears reports regulating fun.” Tomassoni said that illegal fireworks–then lawmakers should consider The members of the Senate Crime use of fireworks legally purchased in the same argument for many other offenses, Prevention Committee met jointly with border states, such as Wisconsin, is such as speeding and underage drinking on their House counterparts to hear several prevalent throughout Minnesota. prom night. Zikmund presented a fiscal reports at a hearing Fri., Feb. 1. The joint “Consumer fireworks are safer than impact of about $1.2 million per year as a panel, chaired by Sen. Jane Ranum (DFL- ever before,” said William Weimer, vice consequence of the bill. Zikmund also Mpls.) and Rep. John Tuma (R- president of B J Alan, an Ohio-based objected to a provision in the bill exempt- Northfield) also discussed a bill, H.F. fireworks distributor. He said fireworks are ing so-called novelty items, such as 2662, authored by Rep. Rich Stanek (R- tested for safety at both the factory and his sparklers, from the intense regulation Maple Grove), that adopts a new compact companies’ warehouses. Federal standards provided for other fireworks. He said for interstate adult offender supervision limit the amount of pyrotechnic material sparklers burn at 1,500 degrees, hot and repeals the existing compact. In in any consumer-grade (1.4G) fireworks. enough to cause immediate, permanent addition, the bill creates an advisory The difference between various models eye damage. Lighters burn at about 300 council on interstate adult offender sold to consumers, Weimer said, is in the degrees and light bulbs at about 200 supervision. The measure was before the amount of cardboard or paper filler in the degrees, he said. panel for discussion purposes only. fireworks. Weimer cited statistics showing While Zikmund argued that a blanket Commissioner Sheryl Ramstad Hvass, that shopping carts, children’s toys– prohibition makes regulating fireworks Dept. of Corrections, Mark Carey, assistant including balloons–and trampolines cause easier, Tomassoni said legalization allows commissioner, Dept. of Corrections, and more injuries per year than fireworks. He the state to have a handle on licensing and Mike McCabe, Council of State Govern- noted that fireworks injuries are also more purchasing. Tomassoni also noted that the ments, spoke in support of the measure. prevalent in states that ban fireworks than state is losing about $650,000 to $1 The two committees also heard a in states that permit the sale of consumer million in yearly sales tax revenue to report from Scott Swanson, executive fireworks. Weimer said the industry border states that allow fireworks sales. director of the Sentencing Guidelines attributes that discrepancy to an increased Other committee members noted that Commission, on the frequency and
4 duration of sentencing departures. A crime support of the measure. Both said that statute in Massachusetts and rules promul- trend analysis report was presented by Jim there are a number of childhood deaths, gated by the Massachusetts attorney Cleary of House Research. Frank Dolejsi, unintentional injuries and suicides from general. She offered to lay the bill over in director, Bureau of Criminal Apprehen- firearms each year. Sweetman said that order to draft an amendment to include sion Laboratory, updated the members on firearms need meet no safety standards, only the statutory language. the advantages, disadvantages and costs of while toy teddy bears must satisfy numer- In other action, the panel did advance expanding the DNA offender database. ous safety requirements. two bills. S.F. 2580, authored by Sen. Leo After the joint panel adjourned, Angus McQuillkin, chief of staff for a Foley (DFL-Coon Rapids), makes several members of the Senate Crime Prevention Massachu- Committee heard and took action on a bill setts state adding a definition of “special transporta- Senator, also tion service” in the criminal code’s sexual spoke on conduct law and prohibiting persons who behalf of the provide special transportation services measure and from engaging in sexual conduct with a said that person who uses the service. Sen. Don there has Betzold (DFL-Fridley), chief author of the been a bill, said that the measure is designed to reduction of aid prosecution of cases in which drivers of accidental special transportation services commit injuries and criminal sexual conduct with vulnerable deaths by adults who use the services, while the young service is being provided. The bill, S.F. people in 2433, does not prohibit voluntary rela- Massachu- tionships, Betzold said. setts. Members approved the bill and sent it Several to the full Senate. Senators questioned Gun safety bill heard the standards A bill requiring firearms to comply contained in with specific safety requirements was the the measure. focus of debate at the Wed., Feb. 6, Sen. Warren hearing of the Crime Prevention Commit- Limmer (R- tee. Sen. Jane Ranum (DFL-Mpls.), chief Maple sponsor of the bill, said the philosophy Grove) said behind the measure is to look at gun safety a require- from a public health standpoint, rather ment that than from a public safety standpoint. there be Ranum said that states must often pick up multiple the medical costs that result from firearm motions injuries and accidents, especially to necessary children. The bill, S.F. 1861, is fashioned before a after laws enacted in Massachusetts and firearm California and sets forth standards that could be guns must meet before being sold or fired was not transferred, Ranum said. specific and The measure requires firearms– that the defined as pistols or revolvers manufac- requirement tured after Jan. 1, 2002–to have both a that a firearm visible serial number and a second serial not be able number that is not susceptible to eradica- to be tion. The measure also requires firearms to operated by have an external locking device, be a five year designed so that a five-year-old child is old was too prevented from operating the firearm and vague. Matthew Little of Maplewood listens to testimony on a bill requiring requires the firearms to pass specific safety Ranum firearms to comply with certain safety requirements during a Crime tests. said the bill Prevention Committee hearing Wed., Feb. 6. He was one of several Jon Roesler, Minnesota Dept. of was drafted proponents in the audience holding teddy bears alleging that Health, and Dr. Kathy Sweetman, Minne- to incorpo- childrens’ toys are currently subject to more safety standards than are sota Academy of Pediatrics, spoke in rate both the guns. Photo by David J. Oakes
5 Committee update criminal law changes. One provision in the million cut from the University of Minne- charter schools spoke in opposition to the measure is designed to prohibit determina- sota while the higher education division cut. Pappas asked the representatives and a tions made in a civil DWI proceeding from recommended a $25.5 million cut. The staff member from the Department of also applying in a criminal DWI case from administration proposed a $32 million Children, Family and Learning (CFL) the same set of circumstances. Another reduction for MnSCU, $7.5 million more about the reasonableness of the leases the portion of the bill provides for jurisdiction than the division’s recommendation. schools were signing. Tammy Baumstead over persons found to have caused a Sen. Becky Lourey (DFL-Kerrick) from CFL said the department couldn’t delinquent act or charged by a juvenile asked if the committee was locked out of dictate the spaces the schools were petition. Other provisions make it child finding additional revenues to restore choosing, but only if the lease rates for the endangerment to permit a child to be higher education funding later. Lourey space chosen by the school were appropri- present when a person possesses chemical said that she would be in favor of raising ate for the size and neighborhood. substances used to manufacture controlled taxes for revenue to keep tuition down. Baumstead added the lease costs have substances and set penalties for persons Pappas replied that the only opportunity escalated along with the increase in lease who escape from electronic monitoring. for additional funding will be if revenues aid appropriations. The bill was approved and sent to the come in higher than anticipated, conse- The committee voted on the motion Senate floor. quently lowering the projected deficit. In to accept the proposal for presentation to S.F. 2611, sponsored by Ranum, opposition to the recommendations, Sen. the Finance Committee. The motion adopts a new interstate compact for the Dave Kleis (R-St. Cloud) said the prevailed 16-11. supervision of adult offenders and repeals committee’s priority should be education the existing compact. Ranum explained and that higher education is the “rapid- E-12 Education Budget that the actual details of the compact have response team” during an economic not yet been determined because it is downturn. Sen. Martha Robertson (R- Division necessary for two thirds of the states to Minnetonka) questioned the need for ratify the compact before the language is these particular minor cuts if the DFL- Budget proposal discussed negotiated. Ranum said it is necessary for endorsed plan of using the budget reserves Members of the E-12 Education Minnesota to enact the new compact in is implemented. Sen. Steve Kelley (DFL- Budget Division, chaired by Sen. LeRoy order to ensure a place at the table when Hopkins) moved that the higher education Stumpf (DFL-Thief River Falls), met Fri., the details are ironed out. The bills was budget division’s recommendations be Feb. 1, to discuss the division’s recommen- approved and advanced to the Judiciary adopted by the full Education Committee, dations–different from the governor’s Committee. and presented to the Finance Committee. recommendations–for cuts in education. The motion passed 14 to 12. According to Stumpf, the committee was Education Sen. LeRoy Stumpf (DFL-Thief River directed to make $15 million in perma- Falls) explained the E-12 Education nent cuts to help balance the state’s Recommendations approved Budget Division proposal for the budget. He also reported that no cuts are proposed that negatively affect students in Chair Sandra Pappas (DFL-St. Paul) committee’s approval. The plan alters the and the Education Committee met Fri., FY 2002-03 education appropriations to their classrooms and said that no recom- Feb. 1, to discuss two budget proposal reflect forecast changes and the reduction mendations for change are made to such recommendations from the E-12 and of certain programs. Stumpf emphasized programs as Early Childhood Family Higher Education Budget Divisions. Sen. the proposal does not make any cuts in Education (ECFE) and special education. Deanna Wiener (DFL-Eagan) presented early education or special education “We want to maintain the educational the approved budget recommendations programs, nor in equity funding aid, a programs that we have,” he said. “We feel from the Higher Education Budget program that balances spending across very strongly that this is an important part Division. The recommendation pares $50 school districts. The proposal is comprised of our duty.” million from higher education in the state of two articles, Stumpf said, one, a list of Stumpf proposed reductions of in FY 2002-03. Wiener said that she appropriation changes to reflect last approximately $5.6 million from the commends the division for sharing the November’s economic forecast; and two, a Minnesota Department of Children, pain of budget cuts equally, but added that list of budget reductions totaling $15 Families and Learning–the department is every $3 million cut from higher educa- million. Stumpf said the cuts include a to choose the specific cuts–and $9.4 tion is equivalent to a one percent tuition $4.8 million cut in charter school lease million from education finance itself. increase for college students. Fiscal aid, a $1 million reduction in alternative Reductions in education finance include Analyst Anita Neumann explained the teacher compensation, and a $5.6 million an accelerated phase out of the teacher differences between the division’s recom- cut from the Department of Children, training and experience program, which mendation and the governor’s proposal, Families and Learning. gives school districts more money if they which calls for $70.5 million in higher Steve Dess, executive director, have more experienced teachers, and a education cuts. Neumann said the major Minnesota Association of Charter Schools, limit for average daily membership differences between the proposals were the provided examples of the impact of the (ADM) of 1.5 pupils for students in grades appropriations for the University of lease aid reduction on specific charter 1 through 12 as part of the funding Minnesota and the Minnesota State schools and said that the cut would result formula for education. This in effect limits Colleges and Universities (MnSCU) in a 5 percent revenue decrease for the the funding that a school district can system. The governor asks for a $33.2 schools. Several other representatives from receive; the higher the per pupil ADM, the
6 more money a school district receives. Bonding priorities set incorporates the other needs for bond Also, the bill proposes eliminating a The E-12 Education Budget Division funds by establishing a “Mighty Books” previously mandated education account- prioritized the group’s bonding requests program, which provides competitive ability audit, an Attention Deficit Disor- when the members assembled Wed., Feb. grants of up to $1 million for library der/Attention Deficit Hyperactive 6. The Senators categorized the projects construction projects. Ring said the Disorder study, and a limited English recommended for funding into three areas: program is similar to the Mighty Ducks and proficiency study, among other things. local, state and library needs. Mighty Kicks programs that have been Several members said they wanted The project approved for the largest very successful in funding local hockey more discussion on the proposed cuts amount of bonding money–$25 million– rinks and soccer fields. before referring the bill to the full educa- and the first priority for local initiatives is tion committee. As a result, Sen. Ann Rest the Red Lake Reservation school construc- Higher Education Budget (DFL-New Hope) moved to delete Article tion and repair project. The school had 2, Section 4 of the bill–which deals with originally requested $40 million in S.F. Division the average daily membership limit. The 2567, authored by Sen. Roger Moe (DFL- motion prevailed. Erskine), for the construction of a new Budget recommendations okayed Sen. David Knutson (R-Burnsville) middle school, high school and additions The Higher Education Budget moved to delete the section of the bill to the elementary schools. However, the Division, chaired by Sen. Deanna Wiener dealing with the teacher training and approved funding covers building of the (DFL-Eagan) met Fri., Feb. 1, to hear experience program. He said the measure elementary school additions and the testimony and discuss the governor’s takes money out of classrooms–including middle school, where the needs are most supplemental budget proposals. The $250,000 from his own district–shifts the immediate, said Division Chair LeRoy division also approved a motion to submit burden of payment to property taxes, and Stumpf (DFL-Thief River Falls). Accord- an alternative set of recommendations needs more discussion as well. In response, ing to numerous school officials who created by the division to the Education Stumpf asked the members to oppose the testified, the school is currently in an Committee for consideration by the full motion. He said the bill must move in an unsafe and overcrowded condition. Senate. Executive Budget Officer for the expedient manner to prevent the state “The raising population of the Red Department of Finance Stewart McMullen from losing more money and to prevent Lake Nation deserves an opportunity to outlined in detail the specific budget the governor’s recommendations for the gain an education in an environment that expenditures that would be affected by the division–which call for many more cuts– is safe, healthy and proper so we can governor’s proposal. He said for FY 2002- from prevailing instead. Knutson’s motion become not only productive members of 03, the governor proposed a total of $70.5 failed. our nation but also of your society,” said million in cuts, including $33.2 million Knutson said he was disappointed that Tribal Council Chair Bobby Whitefeather. from the University of Minnesota and $32 funding for several studies was recom- The other two local projects that million from Minnesota State Colleges made the division’s priority list were $5.5 mended for elimination. Referring and Universities. McMullen added the million for the Trollwood Performing Arts especially to the education accountability financial aid program would be increased School relocation in Moorhead and $1.8 audit, which was to be done by an inde- by $12.5 million to offset any financial pendent agency to gather information in million for the Northeast Park Community pressures students may face due to tuition order to help identify better practices and Center in Waseca. increases. Among other budget activity trends, he said cutting the funding was Asset preservation funding topped the taking away the incentive to change. priorities for state projects. In total, the that will impact higher education, “I’ve been on the education commit- division okayed $2.14 million for mainte- McMullen said a proposed sales tax for tee for 10 years now and it’s so difficult to nance and repairs of the state E-12 meals at colleges would go into effect in make decisions that make sense for kids in educational facilities . The members also FY 2004, increasing revenue by $12.8 the classroom,” he said. “And now you’re prioritized grants for early childhood million. cutting [the program] and it’s incredibly facilities projects and youth enrichment Executive Director David Laird of the disappointing.” programs. Sen. Becky Lourey (DFL- Minnesota Private College Council said Stumpf said a number of reforms have Kerrick) said that Stumpf’s recommenda- there are going to be two major challenges been put in place and the Senate deserves tion of $5 million for each of the programs higher education will face in Minnesota– credit for that. Sen. Sandra Pappas (DFL- did not show a strong enough commitment the increasing demographic diversity and St. Paul) said the audit agency is a new and to children. The division members agreed aging of the state, and the chronic shortage untried program and the Senate should to raise the bonding for each to $7 million. of labor. Laird said financial aid in higher wait to see how it performs in other states Other state education projects that were education must be radically increased for first, before using its services here. Sen. prioritized included bricks and mortar those who need it the most, because Jane Ranum (DFL-Mpls.) suggested improvements to the Minnesota Acad- radical changes are needed to ensure the performing a similar audit through the emies for the Blind and Deaf and the state’s needs are met. University of Minnesota instead for a less Perpich Center for Arts Education. Mark G. Yudof, president of the expensive price. After the discussion, Sen. The division examined five bills University of Minnesota, said the school Keith Langseth (DFL-Glyndon) moved regarding construction and restoration for has a great deal of momentum, but it is a that the bill be approved and referred to libraries across the state, but prioritized fragile momentum that could be impacted the full Education Committee. The only S.F. 192, sponsored by Sen. Twyla by the proposed cuts that will eliminate motion prevailed. Ring (DFL-North Branch). The bill $33 million of a planned $36 million
7 Committee update
Representing four University of Minnesota campuses, school mascots participated in a rally to show support for higher education funding in the Capitol rotunda Tues., Feb. 5. Photo by Shelley Hawes budget increase for FY 2003. Yudof said really amount to an almost 7 percent million in cuts, primarily through smaller while he didn’t think there should be any budget cut instead of the intended 5 cuts to the University of Minnesota and cuts in a institution that brings $500 percent. McCormick said he would try to MnSCU, $25.5 million and $24.4 million million a year into the state in research minimize the impact of the budget respectively. Several Senators voiced money, he has tried to take a balanced reductions on students by seeking addi- opposition to the recommendations approach of program cuts and tuition tional tuition increases only as a last resort. because they weren’t consulted beforehand increases. Wiener asked how much of the McCormick added that he has already cut and didn’t agree with the new cuts. Sen. proposed cut would be borne by students 31 staff positions in the central administra- Dave Kleis (R-St. Cloud) said he wasn’t in through tuition increases. Yudof replied tion office, a savings of $3 million. favor of the recommendations because he that he didn’t know yet, but roughly one- Robert K. Poch, director of the didn’t believe that higher education third of budget cuts have been made up Minnesota Higher Education Services should be cut during an economic through tuition increases historically, Office, urged the division to reconsider the downturn. Kleis suggested the division which would translate to a 19 percent elimination of the matching grant funds adjourn without making a recommenda- increase for students next year. On a base for the Minnesota College Savings Plan tion to the Education Committee. Wiener tuition of $5,500, that would mean an because of the danger that many current responded by saying that while she wasn’t increase of $1,000 per student, he said. participants may lose confidence in the happy to be making cuts either, the James McCormick, chancellor of program. division had an obligation to make a Minnesota State Colleges and Universities At the completion of testimony, recommendation rather than deferring to (MnSCU), said the proposed $32 million Weiner distributed the division’s proposed the Finance Committee to dictate higher cut is coming at a time when enrollments recommendations. Instead of the education policy. Sen. Steve Kelley (DFL- are increasing. Because of the increased governor’s recommended $70.5 million Hopkins) said it would be irresponsible for enrollments, McCormick said the cuts reduction, the division recommended $50 the division not to take action at the risk
8 of allowing the governor’s proposals to be recommendation for $10 million in purchase the Billy Graham property and is successful. “We all were happy to take funding for the Nicholson Hall renovation “optimistic” about the outcome of the credit when we added dollars to higher was insufficient to stage the project. Sen. negotiations. President of Southwest State education,” Kelley said, “So now we can’t Cal Larson (R-Fergus Falls) expressed David Danahar was present to describe the back away from our duty when cuts have concern that the design-build process can damage caused by the Jan. 2 fire. Danahar to be made.” create situations where design specifica- said the campus was severely damaged by Kelley moved the budget division’s tions can only be met by non-Minnesota smoke, soot and water, four buildings on proposed recommendations be accepted companies. Yudof assured Larson that the campus remain closed, and the estimated and presented to the Education Commit- University systematically seeks Minnesota clean-up costs could exceed $6 million. tee. The recommendations included two companies and the design-build process is Danahar was unsure what percentage of the amendments, one that clarified penalties not rigged against Minnesotans. costs would be covered by insurance, but in the tax code, and another that removed Chancellor James McCormick of anticipated that everything would be paid the distinction between public and private Minnesota State Colleges and Universities for by the insurance company. In a institutions for the purposes of determining (MnSCU) said the $268 million bonding response to a question, Danahar said the the cost of attendance. The motion passed request was the result of an exhaustive school will collect on its $2.5 million on a divided voice vote. two-year process and is endorsed by the business interruption insurance policy. trustees and school chancellors. Capital bonding discussion McCormick said he endorses the list Bonding requests adopted Mon., Feb. 4, the Higher Education because he has traveled extensively and The Higher Education Budget Budget Division, chaired by Sen. Deanna seen the needs of the schools first hand. Division, chaired by Sen. Deanna Wiener Wiener (DFL-Eagan), heard two presenta- Allan Johnson, vice chancellor for (DFL-Eagan), met again Wed., Feb. 5, to tions regarding higher education capital Facilities/Revenue Fund for MnSCU hear continued discussion regarding the bonding requests. President Mark G. Yudof explained the guidelines and process for two higher education bonding requests. As of the University of Minnesota provided a selecting the 26 projects that comprise the a courtesy to Sen. Steve Dille (R-Dassel), multimedia presentation that outlined the bonding request. Johnson said the selec- Wiener allowed a brief presentation by school’s $239.8 million bonding request. tion priorities were safety and asset Dille and Bill Hartman from the Board of The principles by which bonding choices preservation, program enhancement, Animal Health regarding a $1.5 million were made, Yudof said, were an emphasis facility renewal and renovation, and a bonding request by the veterinary diagnos- on renewing and reusing existing space, strategic link to the academic planning of tic lab at the University of Minnesota for strong investment in the sciences, technol- the institution. He said that two-thirds of renovations. The purpose of the renova- ogy and education to create cutting-edge the overall request is to renovate existing tions, said Dille, is to create an inexpen- departments, and the importance of a space. The original bonding request was sive, molecularly-based diagnosis for quality, humane undergraduate education. $250 million, Johnson said, but the figure Johne’s disease, a chronic, debilitating Yudof said the highest priority project was was raised to incorporate costs associated bacterial infection found in cows. Wiener the Higher Education Asset Preservation with a recent food service fire at Southwest said the request will not be part of the and Replacement program (HEAPR), an State in Marshall, and the opportunity to division’s recommendations to the aggregation of 85 projects on all four purchase property currently owned by Education Committee. campuses that will modernize facilities as Billy Graham Ministries and valued at Chancellor James McCormick and well as improve safety and accessability. approximately $19.5 million that is Vice Chancellor Allan Johnson from Yudof said the governor’s recommended adjacent to the Minneapolis Community Minnesota State Colleges and Universities funding was $35 million, far short of the and Technical College (MCTC) in (MnSCU) completed the presentation of $80 million necessary to complete the downtown Minneapolis. the last portion of the system’s $250 project. Yudof described other priorities, Johnson said the governor’s funding million capital bonding request. Most of which included a $18.7 million request to recommendations match up with all of the projects Johnson described were lower complete the second phase of a plant MnSCU’s top nine project priorities priority design funding for future construc- growth facility on the Twin Cities campus, except the top priority, a $100 million tion. The plan also includes a $2.8 million $33 million for a new laboratory science HEAPR request, an amount that includes science lab remodeling project at building on the Duluth campus, $24 money to address the school’s sizeable Ridgewater College in Hutchinson and a million to renovate and transform project backlog. The governor only $6.3 million renovation and addition to a Nicholson Hall on the Twin Cities campus proposes $35 million, he said. Among the multi-purpose science, nursing and student into an academic and student center for other priorities Johnson described in detail services building at Minnesota West first-year students, and $37 million for a are $17.4 million for a new library at Community and Technical College in new translational science building on the Metropolitan State, $30 million for a new Worthington. Sen. Anthony “Tony” Twin Cities campus that will make the science building at Winona State, $19 Kinkel (DFL-Park Rapids) inquired if University a national leader in creating million for a new science building at there was any communication or competi- workable therapies from theoretical Minnesota State at Moorhead, and $9.9 tion between MnSCU’s and the University discoveries. million to remodel the science building at of Minnesota’s bonding requests. In responses to questions from Wiener, Normandale Community College. McCormick said top school officials have Yudof said the HEAPR projects can be Phil Davis, president of MCTC, said worked together in the past to coordinate started immediately and the governor’s that the school has made its first offer to educational planning.
9 Committee update Stewart McMullan and Peggy Ingison $100 million HEAPR funding within the completed. Projects in Appleton, St. Peter from the Department of Finance presented next biennium. Johnson said that if all and Mentor topped the list. the governor’s capital budget recommen- outstanding contracts are considered, The PFA also is soliciting $16 million dations. The governor has recommended MnSCU had only $48,000 of unallocated to match federal clean water and drinking $86 million of the University of bonding funds from the $43 million total water capitalization grants, Kuhlman said. Minnesota’s $239.8 million request, and from last biennium. McCormick added For every $1 allocated by the state, he said, $135 million of MnSCU’s $251 million that of the $250 million in the bonding the federal government contributes $5 for request, Ingison said. The criteria for the request, he anticipated $138 million will clean drinking water infrastructure. recommendations included the protection be under contract by the end of the year. The members addressed the need to of public health and safety, the selection Pogemiller’s motion was adopted. construct a new laboratory for the MDA. of urgent and necessary projects and Commissioner Gene Hugoson said the projects consistent with smart growth Environment and current laboratory, where the department principles, she said. Ingison also described conducts food product sampling and charts that placed the governor’s recom- Agriculture Budget Division environmental, grain and soil testing, is mendations in the historical context of inadequate in part due to the lack of air past capital funding. She said the Riverside development bill heard circulation, which endangers employees. administration’s $221 million total The Environment and Agriculture He said the department originally consid- recommendation is just under the 10 year Budget Division reviewed a measure that ered building a shared facility with the average of $226 million. requests bond proceeds to create parks Dept. of Health (MDH), however, the possibility of cross-contamination out- McMullan described the specific along the St. Paul riverfront and on weighed the saved costs. Instead, he said, projects identified by the governor for Raspberry Island, when the committee met Thurs, Jan. 31. The measure, authored by the plan has been revised to include funding. He said the criteria under which separate MDA and MDH labs located on Sen. Sandra Pappas (DFL-St. Paul), is the the projects were chosen were asset the same property. first bill brought before the members this preservation, emphasis on science and “The co-location,” Kuhlman said, session. technology and a consideration of the “will allow for easy expansion in case of an operating costs of the capital projects. The members also heard overviews of emergency.” He said that in the event of a McMullan said the $35 million HEAPR the water infrastructure funding program, bioterrorism incident, the proposed MDA recommendation for the University of plans to build a new Department of labs could be converted to accommodate Minnesota is 400 percent higher than the Agriculture (MDA) laboratory, and the MDH needs. The close proximity of the previous $9 million allotment. McMullan status of the Rural Finance Authority. facilities would also allow for greater said the governor wanted to fully fund the Pappas’ bill designates $8.375 million exchange of information on the health of U’s science building in Duluth, but only of bond proceeds for the design and humans, the environment and the food proposed $10 million for Nicholson Hall construction of river’s edge improvements, chain, he said. because he was concerned about potential redevelopment of a park on Raspberry The building of the new laboratories operating costs. The governor’s proposal Island and river’s edge enhancements to and an accompanying parking ramp are to reflects full funding for the top 9 priorities the Upper Landing in St. Paul, just south be funded through state bonding, said on MnSCU’s capital budget, he said, of downtown. “The development,” she Kath Ouska, assistant commissioner of the although the governor suggests the system said, “will reconnect our state’s capital city Dept. of Administration. However, an only receive $35 million of its $100 with America’s greatest river.” City, federal office building to house MDH and MDA million HEAPR request. McMullan also and private funding, which have already offices, which need to be adjacent to the described a proposed provision that all been allocated for the project, cover more laboratories, will be developed by the St. unspent HEAPR money by the end of the than half of the cost, she said. Paul Port Authority on a lease-to-own biennium will be returned to the general Sen. Leonard Price (DFL-Woodbury) basis with the state. fund. He said the purpose of the provision asked Pappas to separate and prioritize the Curtis Pietz, the Rural Finance is to encourage agencies to spend the funding for the two projects instead of Agency’s (RFA) director, presented the money as fast as possible. There have been asking for a single bond sale for both. He bonding requests of the organization, instances when state agencies have warned that because the bonding was which authorizes state bonds to develop requested bonding money when money being requested independently of any the state’s agricultural resources and assist from previous biennium was still remain- agency budget, it was less likely to receive farm real estate lenders, borrowers and ing, he said. funding. The bill was set aside for further beginning farmers. He said currently the Sen. Lawrence Pogemiller (DFL- discussion. agency has $56 million in active loans and Mpls.) made a motion to adopt the capital Terry Kuhlman, director of the has never missed a bond payment. This bonding requests of $239.8 million from Minnesota Public Facilities Authority year, he said, the RFA is appealing for $15 the University of Minnesota and $251 (PFA), unveiled the wastewater infrastruc- million of bond proceeds, of which $67 million from MnSCU as the division’s ture priority projects list, which places million will be used to assist beginning recommendation to the Education each proposed city or county sewer system farmers purchase lands. The remainder of Committee, and to preserve the order of improvement in order of urgency. He said the funds, he said, will help finance priority the institutions place the projects. that if the state approves $4 million in agricultural improvements, updating of Before the vote was taken, Wiener asked bonding proceeds, as recommended by the livestock production technologies and Johnson if MnSCU could spend the full governor, 14 of the 203 projects will be debt re-organizing for individual farmers.
10 Water protection bills considered in Chanhassen. Oliver authored S.F. 2485, municipalities must commit $2, under the The members of the Environment and which appropriates $2 million in bonding measure. Schmidt said the money will be Agriculture Budget Division weighed the for the purchase and restoration of the used for parks outside of the metropolitan costs and benefits of protecting land. “We have a rare opportunity to park system and for areas of local signifi- Minnesota’s lakes, streams and drinking preserve a rare, unique wetland with very cance. water, when the division came together rare plants and one of the last remaining The third bill Krentz brought before Mon., Feb. 4. native trout creeks in Minnesota,” said the committee appropriates $15 million Conserving shore lands, turning Oliver. for improvements of the metropolitan brownfields into green spaces, and Judy Erickson from the Friends of the regional parks system. The money will be restoring natural and scientific areas are Minnesota Valley said that the owner of matched with $5 million from the Met among seventeen programs funded through the fen had previously been asking $7 Council and $4 million from federal TEA- bonding in a comprehensive water million for the land and had hoped to sell 21 grants. S.F. 2396 would make funding protection bill, which carries a $40.1 to a developer, but had recently become available for 53 park improvement million price tag. Each program funded by interested in selling the land to the state. If projects. John VonDeLinda, from Anoka the bill–S.F. 2684, authored by Sen. the seller chooses to give the land to a County Regional Parks, said that the Deanna Wiener (DFL-Eagan)–is also developer instead, she said, the private iniatives will also serve an economic funded individually in measures by water and sewer systems needed to support stimulus purpose by getting people to work various authors. The measures are being development would destroy the fen and on the construction projects, fueling the introduced in both forms in order to give endanger the Minnesota River. She also economy. the committee greater flexibility in said that the land was considered a high Sen. Ellen Anderson (DFL-St. Paul) choosing how to fund the initiatives, said priority for preservation by the county made a similar argument in favor of Wiener. biological survey. funding for rehabilitation of parts of the Each request is also a part of the 2002 Both Wiener’s S.F. 2684 and Higgins’ Como Park Conservatory in St. Paul. Her agenda of the Minnesota Environmental S.F. 2581 create a brownfields-to-green- bill, S.F. 2661, gives $2.7 million for the Partnership (MEP), a coalition of 73 spaces iniative that provides $3 million of final stage of restoration there. She said the environmental organizations in the state. bond revenue for competitive grants to design plans have already been made and “The water protection package is a down local governments to turn previously if funding is approved the construction payment on doing water conservation polluted sites into open spaces and parks project could begin in the spring and help right,” said Gary Botzek from MEP. “It’s a for public use. Susan Schmidt from the create jobs and fuel the economy. small investment. We’re the land of Trust for Public Land said the money Sen. Pat Pariseau (R- Farmington) 10,000 lakes. We enjoy our water and use could be used by counties and municipali- asked if the city of St. Paul was contribut- it everyday. But we haven’t done it the ing money to the conservatory. Anderson service it deserves.” ties to turn dirty, eyesore lands into lake accesses, additions to trail systems, and said the city pays for all operating costs Senators Wiener, Jane Krentz (DFL- and is giving 59 percent of the restoration May Township), Linda Higgins (DFL- recreational and natural spaces. Higgins costs. “This is not just a St. Paul project by Mpls.), and Edward Oliver (R- said the current brownfields program, any means,” she said. Of the 2.5 million Deephaven) each presented parts of the which turns over-polluted lots into visitors each year, she said, only 16 percent total water protection plan that they had business and economic development are from St. Paul. authored as separate bills. ventures, has been very successful but does Wiener carried S.F. 1247, the bill not allow for the transformation of Sen. Leonard Price (DFL-Woodbury), which addresses the shore land protection underused property into green spaces. division chair, asked whether private segment of the package. S.F. 1247 appro- Krentz brought three bills before the funding had been solicited for the restora- priates $10 million to the Board of Soil committee that set aside lands for environ- tion. Liz Anderson, deputy director of St. and Water Resources to purchase lake and mental, educational and recreational Paul Parks and Recreation, said that $4.9 river shore land conservation easements purposes. The first of the bills, S.F. 2450, million had been donated for the iniative from private landowners and create contributes $4 million to acquire, restore from private sources. She also said that vegetative buffers on degraded shore lands. and improve lands for the 19-year-old Xcel Energy had contributed solar panels Because the bill funds both the scientific and natural areas (SNA) for the roof of the fern room, which would acquisition and restoration of privately program. The initiative preserves biologi- generate energy for the conservatory. owned lands and the protection of cally rich areas such as old growth forests, All of the bills discussed were held publicly held shorelines, it grants local blufflands, native prairie and fens. SNAs, over for further review. governments flexibility in how they said Krentz, protect endangered species approach the protection of lakeside land, and biosystems, and serve as vital educa- Budget resolution okayed said Whitney Clark from Friends of the tional and research resources. The measure The Environment and Agriculture Mississippi. The Metro Area has more is also included in Wiener’s S.F. 2684. Budget Division approved the environ- privately owned lands that need restora- Krentz’s second bill, S.F. 2560, also ment and agriculture budget resolution tion, while rural communities have more included as part of S.F. 2684, funds local bill when the panel met Tues., Feb. 5. public lakeshore property that requires initiatives that set aside scenic and natural Chair Leonard Price (DFL-Woodbury) said protection, he said. areas (SNAs) for parks and reserves. For that the $10 million budget reduction for The committee also considered the every $3 given by the state to scenic and FY 02 and FY 03 was twice the amount the conservation of the 160-acre Seminary Fen natural areas, local governments and division had approved for new spending
11 Committee update last year. Whereas the governor’s plan The committee reviewed and laid ing of sludge and manufacture of fertilizer. reduced general fund expenses for agricul- over for further discussion four bonding Tim Korby from the joint powers board ture and environment $37.398 million in bills, two of which deal with recreational said that by forming a coalition and 2004 and 2005, the division supported a trail development. S.F. 125, sponsored by purchasing a single belt press, the cities are resolution which only cut $20 million. In Sen. David Tomassoni (DFL-Chisholm), several hundreds of thousands of dollars general, Price said, the budget reconcilia- appropriates $2 million for the completion and creatively solving their solid waste tion bill reduced the budget by about half of the Mesabi Station, along the 132 mile problems. of what the governor had recommended. Mesabi trail. The station will be a central Senators Steve Dille (R-Dassel) and Sen. Jane Krentz (DFL-May Town- spot for visitors to what will become Kenric Sheevel (R-Preston) sponsored ship) said that she had voted against the Minnesota’s longest recreation trail, said bonding measures for the reinvest in environment and agriculture budget last Tomassoni. Sen. Dennis Frederickson (R- Minnesota (RIM) reserve and easement year because it did not do enough. New Ulm) presented S.F. 2388, which program, which facilitates land easements “Nevertheless,” she said, “this time we did provides $1.2 million for the construction for new watersheds and lakeshore in order the best with what we had. I think it is very of a recreational trail in New Ulm. All of to improve water quality, reduce erosion fair.” the money will be matched by federal and create wildlife habitat. Dille’s bill Sen. Linda Higgins (DFL-Mpls.) TEA-21 grant dollars. appropriates $14 million to RIM, while offered an amendment, which the division Frederickson also brought forth S.F. Scheevel’s measure provides $25 million. adopted, that allows the Minnesota Zoo to 2388, which grants $500,000 to the Scheevel’s measure, unlike Dille’s, set ticket prices without legislative Regional Sludge Joint Powers Board. The stipulates that the priority for funding must approval. She said that last year a provi- board consists of several cities, including be given to RIM projects that are able to sion was added onto the omnibus bill at Arlington, Brownton, Glencoe, leverage federal funding. the last minute and had not been approved Henderson, Litchfield, Maple Lake, that John Monson from the Farmer’s by the Environment and Natural Resources have joined together to purchase and Service Agency testified that federal CREP Committee. operate a mobile belt press for the process- dollars are available for many RIM
Senators-elect Mee Moua (DFL-St. Paul), second from left, and Yvonne Prettner Solon (DFL-Duluth), third from left, converse with colleagues Sen. Don Samuelson (DFL-Brainerd), far left, and Sen. Jane Ranum (DFL-Mpls.) prior to the start of floor session Mon., Feb. 4. Photo by David J. Oakes
12 projects at up to a 4 to 1 ratio. He said the million for the purchase, easement, and system–the current law that authorizes the exact amount of CREP funding varies for betterment of greenways throughout the Minnesota Department of Health to each initiative and also depends on how Metro Area. The money is made available regulate hospice services. much money is given to CREP under the to local governments through competitive Minnesota Hospice Organization federal farm bill, which is not yet drafted. grants. The three measures, like all the bills Director Eleanor Hands, who testified in Ron Harnack, executive director of discussed during the hearing, were set aside support of the bill, said it “uncouples” the Board of Water and Soil Resources, for further discussion. hospice and home care language in current said that combining RIM and CREP A couple of measures regarding park law. Major aspects of the uncoupling, she funding is a great idea, but that projects’ acquisition and improvement were also said, include making several definitions in priority ratings should not rest entirely on heard by the division. S.F. 2480, authored current law more appropriate to the service the amount of CREP funding they receive. by Price, provides $4 million for the provided, establishing a separate patient’s “We should not prioritize exclusively purchase of park lands and $31 million for bill of rights for hospice and home care, based on federal money,” he said, “because rehabilitation, restoration and repair to and providing several new definitions as some projects will not be eligible for the natural and recreational areas. According well. According to the language of the funding but will be urgently in need of to the Parks and Trails Council of Minne- bill, it also establishes a regulatory system for hospice care, institutes licensure RIM money.” sota, the acquisition dollars are intended requirements for hospice care, and creates Harnack also presented the Board of to secure parcels in Blue Mounds, enforcement procedures and civil penal- Soil and Water Resources bonding Whitewater and Frontenac State Parks that ties for violations. The bill met no overview. are currently on the market and threatened opposition, was approved and sent to the The RIM program, he said, had by housing developments and gravel Senate floor. facilitated 1,531 easements between 1998 operations. The large sum for restoration Sen. Arlene Lesewski (R-Marshall) and 2000. According to statistics gathered and maintenance purposes will go toward carried S.F. 2419, which deals with on almost 1,000 easements, RIM has projects such as repairs to sanitation requirements for portable wading pools. reduced soil loss by more than 258,000 buildings and sewer and water systems. The bill states that a portable wading pool tons per year and decreased phosphorus in More of the money will be spent on located at a family day care or group the water supply by at least 132,000 historic building preservation, trail repairs, family day care home is defined as a pounds per year. RIM cannot bear all the resource management and parking and private residential pool and not as a public responsibility of improving the states water road repairs. The other land acquisition pool, so long as the portable pool has a quality, he said, but it definitely makes a bill heard by the division, Metzen’s S.F. maximum depth of 24 inches and is large difference when implemented as part 2701, provides South St. Paul $1.5 million capable of being manually emptied and of a larger framework of environmental to develop the 90-acre Port Crosby moved. The bill also permits a child at a programming. The board requests $21.63 Riverfront Park. family or group family day care to use a million for the RIM program, $18.67 Sen. Charles Berg (R-Chokio) brought portable wading pool if the child’s parent million more than the governor recom- S.F. 2530 to the division. The bill or legal guardian has provided written mends. Harnack said that an informal authorizes the sale of $1.5 million in bonds consent. According to the bill, the written survey found the potential for 390 more to pay for the Lazarus Creek flood reten- consent form must include a statement that easements, which would require $20 tion program. Under the measure, the grant the parent or legal guardian has been given million of state funding. must not exceed 75 percent of the total and has read material regarding the risk of cost of the initiatives cost. The remaining disease transmission, as well as other health Trail, park bonding considered 25 percent must be matched by Area II risks, associated with the use of portable Minnesota River Basin Projects, Inc. wading pools. Members of the Environment and Such a bill was actually passed two Agriculture Budget Division met Wed., All the bills were laid over for further consideration. years ago, but according to Lesewski, was Feb. 6, and considered bonding bills for included in a portion of Minnesota law major recreational trailways and other that was recently sunset. As a result, she projects. Health and Family Security said, the law needs to be passed again. Sen. The first trail funding measure the Leo Foley (DFL-Anoka) asked if parents division considered, authored by Sen. Several bills approved assume responsibility if their children Michelle Fischbach (R-Paynesville), Members of the Health and Family contract any diseases from contaminated appropriates $365,000 in bond proceeds Security Committee, chaired by Sen. water. He wondered if children would be for the land acquisition, engineering, and Dallas Sams (DFL-Staples), met Mon., Feb. put at risk if the pools were not regulated. construction of the Lake Koronis recre- 4, to discuss several bills. Responding, Jerry Kirber, of the Minnesota ational trail near Paynesville. The second S.F. 2381, carried by Sen. Linda Department of Human Services, said the trail bill, S.F. 2593, authored by Sen. Berglin (DFL-Mpls.), reorganizes current department was “neutral” regarding the James Metzen (DFL-South St. Paul) hospice service regulatory language in a bill. He said that while he was not excited allocates $2 million for the completion of new statute in order to separate that about the bill, because there were no the North Urban Regional Trail, including language from the current language problems reported during the two years a bridge over Simon’s Ravine, in South St. regulating home care. The bill also makes before the language was sunset, the Paul. Sen. Leonard Price (DFL- some modifications in existing regulations department was not opposed to reinstating Woodbury), division chair, also presented and repeals–effective upon the adoptions it as law. The bill was approved and sent a trail-related bill. S.F. 2480 provides $5 of rules to implement the new regulatory to the Senate floor.
13 Committee update Sams carried S.F. 2459, which deals they experience sudden high losses and Sen. Sheila Kiscaden (R-Rochester) with supplemental nursing services rate increases. Another recommendation said many people across the state lose their agencies. The bill modifies legislation was to eliminate current minimum loss jobs, and asked why MinnesotaCare adopted in 2001 that regulates supplemen- ratio standards. They said the change should be expanded for airline industry tal nursing services agencies that provide could encourage new health carriers to workers, but not for others. She said it temporary nurses, nurse aides and related enter Minnesota’s market, but also could would only be fair to open the program to personnel for health care facilities. The increase premiums. The task force also everybody, but added that it could not be legislation changes the definition of the recommended allowing health carriers to expanded for all without “direct tax agencies, requires those agencies to carry a file their forms and rates and then use the implications.” surety bond in an amount determined rates prior to approval. Currently the “You put us in a very difficult spot annually by the Minnesota Department of average approval rate is 30 days, and Gross with this proposal,” she said. “On the one Health and maintain workers’ compensa- and Peterson said initiating the policy hand it’s too narrow and on the other hand tion coverage for all medical personnel would accelerate the introduction of new we really don’t have the funds to do it.” provided by the agency. It also requires the products. However, they also said it could Johnson said he found it difficult to agencies to file identifying information on cause difficulties if problems were eventu- draw the line on eligibility. the financial institution where the agency ally discovered in the application. “I tried to balance the cost with the deposits employee income tax The recommendations were meant to need to help folks,” he said. However, he withholdings and information on any serve as background information for added that he had no problem expanding employee placed by the agency whom it members of the committee for potential the bill to include others who need the believes is not subject to income tax legislation dealing with the task force help. withholding. According to Minnesota study and were briefly discussed. Kiscaden also wondered why the bill Health and Housing Alliance representa- includes those who were laid off starting tive John Hustad, the bill improves Bill for airline workers discussed March 11, 2001, if it was designed to help benefits for employees and allows nursing Members of the Health and Family those who lost their jobs after Sept. 11. homes to better operate and provide care. Security Committee, chaired by Sen. Responding, Sen. Michelle Fischbach (R- The bill was approved and sent to the Dallas Sams (DFL-Staples), met Wed., Feb. Paynesville) offered to amend the bill to Senate floor. 6, to hear a bill exempting the waiting replace the March dates to instead include Members also heard testimony from period for entrance into MinnesotaCare, workers who lost their jobs between Sept. John Gross of the Minnesota Department the state subsidized program that provides 12, 2001 and Sept. 12, 2002. Also, the of Commerce and Kent Peterson of the health coverage for low-income children, amendment deletes all references to the Minnesota Department of Health, who families, and single adults. airline industry to expand the bill in order reported on the findings of the Small The bill, S.F. 2491, carried by Sen. to exempt from the four month period all Business Health Insurance Task Force. The David Johnson (DFL-Bloomington), deals workers in the state who were laid off task force, which met during the summer with a clause in law that prohibits people during that time. Kiscaden raised concerns months, studied Minnesota’s health from receiving MinnesotaCare until they regarding how the bill, as amended, would coverage market available to small have been without insurance for four be paid for, but the amendment was businesses. Members of the task force also months. It exempts from the 4 month “no approved. made recommendations for solutions that other insurance” barrier for eligibility to Kiscaden offered an amendment would make small group health coverage MinnesotaCare any individual or the disqualifying individuals and families more accessible and affordable to small family of an individual who has been laid from MinnesotaCare once they reached a businesses. off from work between March 11, 2001, certain level of income. The amendment According to Gross and Peterson, the and March 15, 2002, from a scheduled, changes current law, which allows an task force categorized their final recom- regional, domestic or international airline, unlimited amount of time to receive mendations into those that need no further a charter airline, a cargo airline, an airport MinnesotaCare, and was also approved. review and should be immediately operated by the Metropolitan Airports Tim Atkinson, legislative officer with implemented, those that need some further Commission, other airports, or a business the Airline Mechanics Fraternal Associa- review and should be partially imple- operation at the airport. It also states that tion, testified in support of the bill. He mented, and those that need more review the language of the bill will expire if said some of those he’s been in contact and should wait to be implemented. federal money becomes available for with are currently paying $700 per month According to the report, the task force health care coverage for the individuals or for health insurance under COBRA. He recommended for immediate implementa- their families. also said in a situation of mass layoffs there tion removing certain restrictions on Johnson said the bill is designed to is a large group of people–all with the HMO’s to give them increased flexibility help the many airline industry workers same job skills–looking for a limited with their deductibles and co-payments. who lost their jobs–he estimates between number of jobs, which makes a difficult Also, the group recommended capping 700 and 1,000 in his district alone–after situation worse. He said that many families renewal rate increases for each small the attacks of Sept. 11. As a result, he said, currently have no options, and need help. employer group to 15 percent plus the they are forced to either pay high COBRA The bill was approved and sent to the index change or trend. They said the payments to receive health insurance or Finance Committee. change would reduce the number of wait four months to become eligible to Sen. Linda Berglin (DFL-Mpls.) employers that drop health coverage when receive MinnesotaCare. carried a bill that amends the civil
14 commitment act passed last year. The bill, health care services under the provision is $2 billion shortfall in the state’s general S.F. 2457, strikes the word “imminent” an employee of the state for purposes of fund. She reported that the division was related to the standard that must be met in tort liability. instructed to cut $75 million from the order to commit or detain an individual. According to Kiscaden, the bill was division’s budget and then outlined The change specifies that an individual developed to make it easier for health care several principles which guided her as she must be in “danger” of injuring self or professionals to volunteer for charity decided which programs would be reduced others instead of in “imminent danger” of health care programs by providing them or eliminated. First, she said that the injuring self or others in order to be with liability coverage through the state. decisions regarding funding reductions detained. The bill also specifies that the She said that many doctors are able to were not about whose district the reduc- term “community-based program” may volunteer around the world for various tion was affecting or if the programs were include inpatient services at a community charities, but are unable to do so at home Senate or House proposals. Once bills are hospital, for purposes of this section of law. because of malpractice concerns. She said passed, she said, programs are not some- Berglin said the bill was meant to clean up the impetus for the bill came as the result body else’s, but they become “ours.” language that should have been excluded of the desire of the Salvation Army in Regarding programs that were not touched, from last year’s bill. Rochester to start a free dental clinic, but Berglin said the proposal keeps the Several people testified in opposition added that it has a statewide impact as prescription drug program fully funded, to the bill. Local resident Judy Thompson well. has no reduction in programs for the said she was “gravely concerned” with the Sen. Pat Pariseau (R-Farmington) elderly or the disabled and has no cuts to effects the bill could have on what she asked what kinds of charitable organiza- the Minnesota Family Investment Program termed Minnesota’s abusive mental health tions can receive coverage under the bill. (MFIP). Berglin also reported that she tried system. She asked if the bill gives tort liability to minimize cuts that would increase Louise Bouta, from the Well Mind coverage to health care professionals at property taxes, reduce the loss of matching Association of Minnesota, also opposed Planned Parenthood because it covers all federal dollars and give fewer cuts to the bill. She said that many times patients organizations that provide free services. programs that received no increase in are misdiagnosed–or not given a thorough Kiscaden then offered an amendment to previous years. She said she tried to make enough evaluation–and are thus forced to the bill that changes all references to the cuts be as “gentle as possible.” go through treatment they do not need. covering organizations that provide free By department, the proposed program She said treatment can many times involve services to organizations whose services are reductions over the 2002-03 biennium practices that would “shock the con- “unpaid.” The amendment was approved, include approximately $50 million to the sciences of all Americans,” and can be and the bill was approved and referred to Minnesota Department of Human Services damaging to the person being treated. the Judiciary Committee. (DHS), $13 million to the Minnesota According to Bouta, laws that allow the Sen. Don Samuelson (DFL-Brainerd) Department of Health, $11 million to the use of involuntary treatments should be carried S.F. 2655, which extends the Board Minnesota Department of Corrections and inherently suspect and are incompatible of Physical Therapy’s authority to adopt $1 million to the Public Defense Board. with the principle of self-determination. rules prescribing a code of ethics for Among the programs in DHS proposed for “Public policy needs to move in the licensees 18 months following the effec- elimination are a new treatment program direction of a totally voluntary, commu- tive date of the bill. Under current law, the for children with autism funded by nity-based mental health system that board has 18 months from the effective Medical Assistance (MA), the work first safeguards human dignity and respects date of the law authorizing the rules to program and congregate housing grants. individual autonomy,” she said. adopt the rules. If the rules are not adopted Among the areas receiving funding Sen. Leo Foley (DFL-Anoka) said he within the time period, the authority to decreases are pharmacy reimbursements, also had concerns regarding the removal of adopt rules expires. The bill gives the the prepaid medical assistance program the word “imminent.” He said that he is board another 18 months. The bill was (PMAP), asset sheltering devices for MA concerned about such things as the use of approved and sent to the Senate floor. long term care insurance and various drugs in treatment and the quality of a department administrative costs. The bill patient’s legal defense. Also, Foley said Health, Human Services and also proposes establishing a county that proper safeguards and a higher contribution, effective Jan. 1, 2004, for the standard are necessary. However, the bill Corrections Budget Division costs of nursing facility care that exceeds was approved and referred to the Judiciary 90 days for persons with disabilities under Committee. Budget cuts adopted the age of 65, provides an increase in the Kiscaden carried S.F. 2622, a bill that Members of the Health, Human nursing home license surcharge and creates a volunteer health care program. Services and Corrections Budget Division, provides a nursing home facility rate The bill requires the commissioner of chaired by Sen. Linda Berglin (DFL- increase as well. The bill reduces the MA health to establish a voluntary health care Mpls.), met Tues., Feb. 5, to discuss S.F. rate for fee-for-service admissions paid to provider program within the department to 2468, the division’s portion of the hospitals for inpatient and outpatient facilitate the provision of free health care omnibus budget bill. services and reduces the contract rates to services provided by health care providers Most of the meeting focused on the managed care plans for providing services through eligible health care facilities and division’s proposed budget cuts, and under the MA and General Assistance organizations. The bill also states that a Berglin revealed which programs receive Medical Care programs by .25 percent for health care provider who provides free proposed cuts in funding due to the nearly services provided on or after July 3, 2003.
15 Committee update Among the programs in the Depart- with only a mild recession.” However, he Goodwill Easter Seals and Lifetrack ment of Health proposed for elimination said, “depletion would not interrupt Resources, testified against the termination are the grants for the juvenile assessment payments to the unemployed.” Instead of of their funding, which comes partially center, fetal alcohol syndrom curriculum, cutting benefits, the state would have to from the dislocated workers fund. Kelly development health status improvement borrow money from the federal govern- Matter from Goodwill Easter Seals said her and occupational respiratory disease ment to meet its obligations, he said. organization provides jobs for disabled information system. Programs proposed for Yunker said the unemployment workers through job training and place- reduction are the medical education and insurance fund survived the recession ment programs. “Every individual who research costs (MERC), startups for health between 1990 and 1991 without borrow- loses his or her job due to cuts in the disparities and suicide prevention, as well ing and had been growing throughout the system will actually cost the state more as various administration costs. Among the past decade. But, he said, the fund cannot money,” she said. She explained that those programs in the Department of Corrections now withstand even a minor economic workers would become eligible for proposed for elimination are the pre-trial cold spell without going into the red. The dislocated worker benefits and other evaluation reimbursement and the re-entry fund’s vulnerability, he said, is due to the programs less cost-efficient than those program. Slated for reduction under the fact that the fund’s growth was because of provided by nonprofit organizations. proposed budget are various juvenile interest earned, but the surcharge rates for services and administration costs and the employers had been dropping. Airline layoffs addressed department receives a one time adult Yunker said the state has no mecha- The crippling grip of the recession on institution reduction as well. nism in place to pay the interest on money Minnesota’s laid-off airline workers Sen. Dan Stevens (R-Mora) asked why borrowed for unemployment insurance received the attention of the Jobs, Housing the programs dealing with Temporary and advised that the Legislature put one in and Community Development Committee, Assistance to Needy Families (TANF) place during the session. He also said the Wed., Feb. 6. The members also consid- funds seemed to be off limits for elimina- state may be able to avoid paying interest ered a measure to create ergonomic tion or reduction. Responding, Berglin by making short term loans. standards for workplaces and heard the said that, especially in the current eco- Commissioner of Trade and Economic Dept. of Economic Security report on nomic climate, she didn’t want to take Development Rebecca Yanisch brought to parental leave. funds away from the programs that affect the committee an estimate of how much Sen. David Johnson (DFL- the state’s most needy people. However, money would be needed by the dislocated Bloomington) presented a measure that Stevens said that everything should have workers program to assist all of the 2,400 makes employees from airlines, airports or been looked at so that everyone could workers who could potentially be laid off businesses at airports laid-off since Sept. have shared a “little of the pain,” and so by Fingerhut, which announced its closing 11, 2001, eligible for up to 26 additional that reductions in other programs could earlier this year. She said that in addition weeks of unemployment benefits. Under have been softened. Berglin also said she to the $4 million currently available, $5.5 the bill, a former airline-related worker didn’t want to lose, in the years to come, million would be needed to provide must be enrolled in a job training program the federal money that comes with TANF training, job counseling and other benefits and not be eligible for any other unem- programs because money was cut from the to the workers. ployment benefits in order to qualify for programs this year. The bill was approved Sen. David Johnson (DFL- the extra help. and sent to the Finance Committee. Bloomington) inquired about the amount Johnson compared his bill to the of money needed to keep the program measure passed last year that provided Jobs, Housing and solvent through the present recession. laid-off LTV mine workers with extended Yanisch said the department was still trying benefits. Similar to the mine employees, he Community Development to decide what the proper amount would said, the airline cutbacks were dispropor- be. Johnson said that the administration tionately affecting a certain community. Unemployment programs should immediately find an appropriate Sen. Martha Robertson (R- examined further estimate because the committee deadline Minnetonka) said that the situation of the Minnesota’s slipping economy and the was less than a week away. Luke Weisberg, airline-related workers is not as difficult as resultant swell in unemployment occupied director of the Governor’s Workforce the LTV mine employees because the mine the members of the Jobs, Housing and Development Council, said approximately was located in a remote location with very Community Development Committee, $65 million, $30 million more than what few other job opportunities. The closing of when they met Fri., Feb. 1, to hear a is currently available, is needed by the the mine had a much more disproportion- presentation of the Legislative Auditor’s dislocated workers program to weather the ate affect on the rural community, she said. report on financing unemployment current recession. “The number,” he said, “There are a lot more similarities than insurance and testimony of workforce “is purely a guess.” Since the dislocated differences between the airlines and LTV,” assistance organizations. workers fund’s inception, he said, the said Johnson. “There are 700 to 1,000 In the past year, said John Yunker, Legislature had diverted $30 million to workers who lost their jobs in my district,” who worked on the recent Legislative the general fund. The Council, he said, he said. “It’s a massive, massive impact. Auditor’s report, the number of persons advocates putting the money back into the Many of these jobs paid well, over claiming unemployment insurance has workers fund. $30,000 per year.” Robertson replied that more than doubled. “The insurance fund,” Representatives from two nonprofit instead of relying on the LTV model, the he said, “is quite vulnerable to depletion employment services organizations, unique circumstances of the airline
16 industry should be taken into consider- Lynn Hinkle from the UAW de- tion, he said. Businesses provide many ation. scribed an ergonomics program created in reasons for not giving the benefit, he said, Sen. Yvonne Prettner Solon (DFL- collaboration between the union and Ford but the most common were that workers Duluth) asked whether the bill covered Motor Company. Extensive ergonomic did not demand it and the administrative workers laid-off by the Northwest Airlines training, risk analysis, and danger abate- costs involved. The advantages of giving reservation center in Chisholm and ment, he said, were part of the program. paid parental leave were reported by maintenance facilities in Duluth. Sen. “The auto industry has been under extreme employers to be increased employee Ellen Anderson (DFL-St. Paul) said that financial press to cut costs,” he said. “But retention and recruitment. The downsides under the measure, all airline-related Ford keeps the program. Ford doesn’t do of paid parental leave, he said, were that workers would be covered, including those anything that doesn’t have a cost benefit.” businesses lost persons with unique skills in Chisholm and Duluth. He said that not only do musculoskeletal for longer periods of time and had less Johnson offered an amendment that disorders increase medical costs for freedom to consider giving paid leave on a also extended the additional benefits to companies, but also reduce the quality and case by case basis. workers let go by Fingerhut, which quantity of production by reducing Anderson said she had hoped to see a recently announced that, due to bank- efficiency. report that took into consideration the ruptcy, thousands of jobs would be lost. Sabo said that while musculoskeletal experiences and viewpoints of workers. Sen. Dave Kleis (R-St. Cloud) said that disorders do cause companies to lose there was still potential that the company money, the real motivation behind her bill State and Local Government would be bought out and jobs would be was the human cost of permanent physical saved, but the amendment was needed in injuries. Operations case of the worst scenario. Beth Hargarten from the Dept. of Sen. Michele Bachman (R-Stillwater) Labor and Industry said that the depart- Gun range bill heard asked what impact the extended benefits ment agrees that there is a need for Chair Jim Vickerman (DFL-Tracy) would have on the unemployment heightened safety standards. However, she convened the initial State and Local insurance fund. Director of the Unemploy- said, “Adopting an ergonomics standard by Government Operations Committee ment Insurance Program Jack Weidenbach the year 2003 is, quite frankly, impos- meeting Tues., Feb. 5. Members began said that extra benefits could cost as much sible.” She said that Washington was the with a discussion on a revised version of a as $60 million, but that most likely the only state with a comparable initiative and bill, H.F. 209, regulating gun ranges. The expense would be only a small fraction of it took five years of research to write. author of the bill, Sen. Steve Murphy the maximum cost potential. Many “Maybe we could do it in less than three (DFL-Red Wing) said the delete-every- workers do not claim benefits they are years,” she said. “But what you would get thing amendment was the product of entitled to or get jobs before their unem- would be worth nothing.” She said the extensive negotiations with state agencies, ployment insurance payments run out, he standards are far too controversial to be associations, and local governments. said. written quickly. Instead, she said, by Murphy explained the amended proposal The committee approved the amend- getting the opinions of scientists, labor includes provisions for a 500 foot setback ment and moved the bill to the floor. groups and the business community requirement for dwellings near gun ranges, Sen. Julie Sabo (DFL-Mpls.) brought compromises could be found and a solid nonconforming properties, previous local forth a bill, S.F. 2514, that requires the standard could be put into place. ordinances and noise standards. Remi commissioner of labor and industry to The bill was laid over for further Stone of the League of Minnesota Cities adopt an occupational safety and health discussion. said that after extensive discussions her standard regulating workplace ergonomic The committee also heard a presenta- organization believes Murphy’s amend- hazards to prevent work-related muscu- tion by Anthony Algoni, principle planner ment is a fair and reasonable compromise. loskeletal disorders, including carpel for the Dept. of Economic Security, on the Sen. Don Betzold (DFL-Fridley) made a tunnel syndrom. The measure requires the usage of paid parental leave. The depart- motion to delete a section of the amend- standards to address ergonomic risk factors ment defines paid parental leave as ment dealing with frivolous litigation, such as awkward postures, force, repetitive employer-reimbursed time away from saying it was redundant. The motion was motion, repeated impacts, and vibration. work, not funded via disability insurance, accepted with a voice vote. Bill Urseth, Several union representatives testified accrued vacation or sick leave, for owner of the Minnesota Horse and Hunt about the risk of incurring musculoskeletal employees who experience a birth or Club, said as a representative of the gun disorders through work related motions adoption. Algoni said that only 3.4 range industry, he found the amendment and the cost-effectiveness of reducing the percent of employers in the state offer paid very reasonable. danger. Lucena Slaten from the Interna- parental leave, but those who do experi- Stan Hakanson from Washington tional Association of Machinists Local ence a 85 percent rate of participation. County spoke in opposition to the bill. 1833 presented findings from many According to a department estimate, Hakanson warned legislators that the scientific studies proving the harm which Algoni said was not reliable legislation serves only to protect gun range muscoskeletal disorders have on the statistically, 92,000 workers have access to owners from litigation and takes regulatory workforce. She cited a study by the paid parental leave. ability out of the hands of local communi- National Academy of Sciences that found The fields in which employers are ties. Hakanson said the proposed bill that 1 million people lose work time each most likely to offer the benefit are profes- allows substandard gun clubs to stay in year due to repetitive stress related injuries. sional and business services and informa- business. Chair of May Township Bill
17 Committee update Voedisch said the proposal caters to the State Government, Cohen also said that where depart- gun lobby by creating a protected class of ments suggested cuts, the division plan gun range owners. The proposal wrests Economic Development and followed those suggestions. He also stressed regulatory control away from local bodies, the Judiciary Budget that the agencies were to apply the cuts he said, and removes the incentive for gun across the board and not single out pass- ranges to negotiate with local government. Division through grants as targets for the cuts. “It is Even if passed, Voedisch said, there should to be understood that the agencies must be an additional amendment that prevents Governor’s bonding bill heard treat pass-through grants like everything the expansion of gun ranges without Members of the State Government, else,” Cohen said. consultation with local government. Economic Development and the Judiciary The proposal recommends a 3 percent In a response to an inquiry from Sen. Budget Division met Sat., Feb. 2, to review cut for the Legislature and a base reduction Chuck Fowler (DFL-Fairmont), Commit- the administration’s bonding proposal. of 2.8 percent for the Governor’s Office. However, the proposal does eliminate the tee Counsel Daniel McGowan confirmed The panel, chaired by Sen. Richard Cohen Office of Citizenship and Volunteer the proposed legislation was a significant (DFL-St. Paul), reviewed the projects Services, as recommended by the office, proposed by the governor for those areas departure from standard Senate practice of and, further eliminates the Washington, allowing local governments to control under the division’s jurisdiction. D.C. Office. The plan also recommends a 3 local activities. Sen. Claire Robling (R- The total amount of bonding requests percent cut for the Attorney General’s Prior Lake) said she had a problem with from the agencies involved is $629.5 Office along with language specifying that the section of the measure that deals with million, while the governor is proposing a the attorney general, in consultation with the 500 foot setback, because the provi- total of $147.76 million. the affected agencies, prepare a plan for sions were unclear for adjacent property Specifically, the governor recom- ending partnership agreements and submit owners. mends $115.7 million for Dept. of the plan to the Legislature by November of Betzold moved to alter the language Administration projects, $3.29 million for this year. Cohen said the plan recommends to require gun range disclosure in real Capitol Area Architectural Planning only a 2 percent cut for the Secretary of estate transactions only when the property Board projects, $4.3 million for Dept. of State’s Office because the office brings in is within one mile of a range. The motion Military Affairs projects, $4.46 million for revenue and that the division needs to be was adopted. Vickerman suggested the publicly owned transitional housing loans careful in making those cuts. Several areas proposal be set aside to work out problems under the Housing Finance Agency, and in the Dept. of Administration are cut 5 raised in the hearing and for further study. $20 million for grant programs under the percent under the plan for a total of $2.08 Murphy agreed, and the committee voted Dept. of Trade and Economic Develop- million. The plan also makes 5 percent to set the proposal aside. ment. Under the governor’s plan no money cuts in the Dept. of Finance, the Dept. of Sen. Roger D. Moe (DFL-Erskine) is allocated for the Iron Range Resources Employee Relations, the Dept. of Military authored S.F. 2434, a proposal to change and Rehabilitation Board or for the Affairs, the Lawful Gambling Control the Polk County Recorder and Auditor- various projects proposed by local Board, the Government Innovation and Treasurer from elective offices to ap- political subdivisions such as the Guthrie Cooperation Board, Minnesota Technol- pointed positions. Polk County Commis- Theatre, the St. Cloud Civic Center ogy, Inc., the Dept. of Economic Security, sioner Warren Affeldt said the purpose of expansion or the district steam heating the Judicial Standards Board, the Tax the bill is to create more efficiency and has system infrastructure requested by the city Court of Appeals, the Dept. of Human the full support of the Polk County Board. of Virginia. Rights, and the Uniform Laws Commis- sion. The plan sets forth 4 percent cuts for He added there is a provision for a reverse Much of the bonding requested by the governor is for state government asset the Dept. of Veterans Affairs, the Veterans referendum if requested by 10 percent of of Foreign Wars, the Military Order of the county voters. Affeldt said the county preservation and repair. The division took no action on the proposals. Purple Heart, the Disabled American needs this change to be able to find Veterans, the Minnesota State Arts Board qualified people for the positions in the and the Minnesota Humanities Commis- future. The motion to recommend S.F. Budget plan okayed sion. 2434 to the full Senate was approved. A budget reconciliation plan that cuts The members adopted several Betzold sponsored S.F. 2432, a bill $25 million from state agency budgets was amendments making adjustments to the that allows Anoka County to have special approved at the Tues., Feb. 5, meeting of original proposal. Sen. Ellen Anderson bonding authority to raise money for the the State Government, Economic Devel- (DFL-St. Paul), offered an amendment emergency radio system. Betzold said the opment and the Judiciary Budget Division. restoring funding for dislocated worker radio system is outdated, but the county is Division Chair Richard Cohen (DFL-St. funds. Anderson, supported by Sen. Dave presently unable to raise money for the Paul) said, “These are ongoing cuts taken Kleis (R-St. Cloud), argued that the need proper equipment due to bonding restric- from the base of the affected agencies.” for worker retraining is especially acute tions. Anoka County Commissioner Dave Cohen also explained that the division’s because of the recession and that funding McCauley estimated the cost of the new original target for budget cuts was $40 must be maintained to assist those who radio system at $12.5 million, much of that million, but that the Tax Committee was have lost their jobs. Anderson said the amount for the purchase of mobile radios undertaking the budget reconciliation for result of the amendment is a total of $18.3 for public safety officials. The bill was the Dept. of Revenue and therefore, the million in one-time appropriations to aid approved and re-referred to the Tax department’s budget was not included in those most in need. The amendment was Committee. the division’s plan. adopted.
18 Ceremony participants examine a corrective plaque to the Spanish-American war memorial after its unveiling in the Capitol rotunda Mon., Feb. 4. The new plaque is installed just below the original, which the Philippine Study Group of Minnesota says gives a misleading view of Filipino cultural heritage and of the role of Minnesota troops who fought in the 1899-1902 conflict. Photo by David J. Oakes Sen. Martha Robertson (R- sponsored by Sen. Roger D. Moe (DFL- housing opportunities enhancement fund Minnetonka) successfully offered an Erskine), provides for $150 million in (HOPE) and $5 million for a supportive amendment clarifying the reduction for bonding for Greater Minnesota develop- housing facility. S.F. 2621, authored by the Office of Strategic and Long Range ment. The bill provides for a grant Sen. Sheila Kiscaden (R-Rochester), Planning. Sen. David Johnson (DFL- program for cities to provide up to 50 authorizes the appropriation of $2.3 Bloomington) also successfully offered an percent of the capital costs of public million in bond proceeds for the Rochester amendment to restore funds to the infrastructure needed for an eligible Arts Center. S.F. 2397, sponsored by Sen. workforce development program. Finally, economic development project. Further, Mee Moua (DFL-St. Paul), provides for an Johnson also offered an amendment, which the bill specifies the purpose of the grants appropriation for a grant to the city of St. was adopted, to delay the merger between is to keep or enhance jobs in the area, Paul to design and construct the Minne- the Dept. of Trade and Economic Devel- increase the tax base or to expand or create sota Neighborhood House Immigration opment and the Dept. of Economic new economic development. and Community Resource Center. The Security for one year. Most of the remaining proposals measure also provides for an appropriation The division’s budget reconciliation require matching funds from either private to the city of Minneapolis to renovate a plan was approved and forwarded on to sources or local government entities. Sen. building on East Franklin Ave. the full Finance Committee. James Metzen (DFL-South St. Paul), S.F. 2552, sponsored by Sen. Sandra In other action, the panel began sponsored a bill, S.F. 2579, providing $4 Pappas (DFL-St. Paul), appropriates $2 reviewing proposals for the division’s million for a matching grant for funds million to the city of St. Paul for an portion of the bonding bill. S.F. 2679, appropriated by Dakota County to the engineering study and predesign of the
19 Committee update historic Cass Gilbert connection of the 200,000 students per year and be the most departments receive data from DRI, the Capitol through downtown St. Paul to the sophisticated planetarium in the Upper economic consulting group under contract Mississippi River. S.F. 2574, authored by Midwest. Berglin also carried S.F. 2528, a to provide the state with an economic Sen. John Marty (DFL-Roseville), provides proposal to authorize $12 million for the forecast in February and November of for an appropriation of $137,500 for an renovation and expansion of the each year. Belanger said the Senate never interpretive center at the Gibbs Museum Children’s Theater Company. The funds sees the raw data from DRI and almost of Pioneer and Dakotah Life. S.F. 2587, will allow Hennepin County to improve never consults with the state’s Council of sponsored by Sen. Jim Vickerman (DFL- facilities for a museum, art gallery, arts Economic Advisors (CEA). However, Tracy), provides for a $225,000 appropria- school and auditorium for children’s State Economist Tom Stinson said that tion from the bond proceeds fund to the theatrical performances. Legislators and staff are invited to attend city of Tracy for revitalization of the Sen. Lawrence Pogemiller (DFL- the meetings, but they cannot comment or central business district, including replace- Mpls.) sponsored S.F. 2646, a proposal to ask questions while the CEA is deliberat- ment of street lighting and sidewalks. appropriate $35 million toward the ing. S.F. 2537, carried by Kleis, provides construction of a new Guthrie Theater in William Melton, Melton Research, for a $22.5 million appropriation from the Minneapolis. Sen. William Belanger, (R- said any current measure of the economic bond proceeds fund to for a grant to the Bloomington) carried a proposal to outlook should examine what has changed city of St. Cloud to acquire land and for authorize $1 million to build a since the November forecast, how the site preparations, and to design, construct, Bloomington Center for the Arts. Sen. forecast has measured up against actual furnish, and equip an expansion and Roger D. Moe (DFL-Erskine) sponsored a economic activity and what the state can remodeling of the St. Cloud Civic Center. bill that sends $1.4 million to the Red do to improve its position in the future. S.F. 2606, authored by Sen. Yvonne Lake Indian reservation for the construc- Melton called the recession “extraordinar- Prettner Solon (DFL-Duluth), provides for tion of an economic development facility. ily mild” and said it may not even meet the a $3.175 million appropriation for Sen. Bob Lessard (IND-Int’l. Falls) carried strictest definition of a recession at all. improvements to the Spirit Mountain S.F. 2367, a proposal to appropriate One of the elements most economic Recreation Area. Prettner Solon said the $300,000 for a Children’s Discovery forecasts assumed would be in place by improvements may include replacement of Museum in Grand Rapids. Lessard also now has not passed–a federal economic the snowmaking system, remodeling of sponsored S.F. 975, which provides stimulus package–and is considered chalet and banquet facilities, expansion of $975,000 to the city of Floodwood to unlikely to reach fruition in 2002, he said. runs, and new development of a family build an industrial park. While the economic picture was stronger skiing area under the bill. Finally, mem- Sen. Charles Wiger (DFL-North St. than predicted in November for the first bers also discussed a proposal, carried by Paul) authored S.F. 2722, a $3 million three quarters of FY 2002, Melton said, the Sen. Linda Higgins (DFL-Mpls.), that appropriation for a unique high perfor- outlook for the coming quarters is weaker establishes three empowerment zones in mance office building and educational than previously forecast. For the future, the city of Minneapolis. center that incorporates the highest Melton suggested using multiple forecasts standards in air quality, energy efficiency, and changing the way the state administers human productivity and safety technology. capital gains tax receipts, a highly volatile Bonding bills heard revenue source. The State Government, Economic Cohen sponsored a proposal that provides the Roy Wilkins Auditorium $7 million Daniel Laufenberg, vice president and Development, and the Judiciary Budget chief US economist for American Express for roof repairs and Americans with Division, chaired by Sen. Richard Cohen Financial Advisors, said he believes the Disabilities Act compliance. Sen. Becky (DFL-St. Paul), met Wed., Feb 6, for recovery is underway. He said that Wall Lourey (DFL-Kerrick) sponsored S.F. discussion regarding several bonding Street economists have almost reached a 2277, a one-time reimbursement appro- proposals that will be considered for consensus on revising their previous priation of $380,000 for Aitkin County inclusion in the division’s recommenda- forecasts upwards. Laufenberg called the for extraordinary expenses related to tion to the Capital Investment Committee. recession the mildest on record, if not the homicide investigations. S.F. 664, sponsored by Sen. Linda Berglin shortest. However, he said, because the (DFL-Mpls.), provides funding for the recession was so mild, the recovery will be creation of a senior assisted housing grant Taxes equally mild. Laufenberg suggested that program. Grants are for the construction or DRI is a good representation of the middle rehabilitation of publicly-owned housing. Forecasting perils presented ground of economists. Belanger noted that S.F. 2565, also sponsored by Berglin, With a stated intent not to second- DRI has been wrong in its forecast attempts appropriates $6 million to Hennepin guess the economic analysis of the Depart- for the last 10 years. Laufenberg told the County to build the Colin Powell Youth ment of Revenue, Sen. Lawrence panel that forecasting is not a precise Center. The facility will provide educa- Pogemiller (DFL-Mpls.) and members of science. Any large group of economists, he tional, job training, counseling and other the Select Tax Subcommittee on the said, would have reached a consensus supportive services to disadvantaged Revenue Forecast met with local econo- forecast similar to DRI’s estimates and also youth. Another Berglin authored bill, S.F. mists–Tues., Feb. 5–to consider the state would have been wrong. 2386, seeks $30 million to construct the and future of the national and state From the Federal Reserve Bank, Art Minnesota Planetarium and Space economies. Sen. William Belanger (R- Rolnick told the panel that “just as Discovery Center next to the Minneapolis Bloomington) said he asked Pogemiller for business has to manage through uncer- downtown library. The center will serve the hearing because the governor and tainty, so government must manage
20 through uncertainty.” Until the formation The economists reminded the be decided by the Tax Committee. of the CEA, Rolnick said, economic subcommittee that, fundamentally, both Accordingly, Pogemiller said the forecasting in Minnesota was very politi- the national and state economies are committee’s target is to reduce the cal. The current process, he said, utilizes strong. Consumers, Laufenberg noted, did department’s budget by $15 million or 7.5 the most apolitical and knowledgeable not retrench during the recession. How- percent. The governor requested the path one could devise. Noting that both ever, he said, that means consumer activity department to produce two budget cutting he and Laufenberg serve on the CEA, will not be the key to the recovery. Melton plans; one for 5 percent and one for 10 Rolnick said the council comments on the said the critical issue for the future is percent. Commissioner Matt Smith said DRI forecast and uses economic informa- having a higher target for the state’s reserve the agency wanted to be very careful in tion that members bring to the table, fund. With more money available to fight making the cuts in order to preserve areas including information available from both the effects of the next recession, the state that are most important in bringing the Ninth District Federal Reserve Bank in will be better prepared he said. revenue into the state. Specifically, Smith Minneapolis and the Washington, D.C., said, a 10 percent cut would require the Federal Reserve Board of Governors. Reciprocity discussed agency to cut some functions relating to Rolnick emphasized that outside The income tax reciprocity agreement compliance, which would end up costing factors can play a major role in economic with the state of Wisconsin was the focus the state money. trends. He said he believes the national of much of the discussion at the Wed., Feb. Dennis Erno, Dept. of Revenue, economy will remain sluggish “until the 6, meeting of the Tax Committee. Jenny outlined some of the steps the agency has war on terrorism is resolved.” Businesses Engh, Dept. of Revenue, said reciprocity already taken in order to reduce costs. The will remain uncertain and be chary of has been the subject of a long standing Maplewood Office is scheduled to close investing in a war-like climate. Laufenberg discussion between the states of Minnesota Feb. 15, Erno said, and those employees said that if not for the terrorist attacks in and Wisconsin. Engh said there is disagree- will be shifted to the main Revenue Dept. September, a national recession most ment over the formula used in the reci- building. As a result of the 5.4 percent cut likely would not have been declared. He procity agreement, but Wisconsin has been already announced, lay off notices were added that a recovery will most certainly unwilling to make any changes. Engh said sent to 42 employees. Erno said that some be derailed by another large-scale terrorist Minnesota is losing nearly $2 million per of those employees, though, are seasonal strike. Melton added a word of caution year under the agreement. Engh also said employees who will not be returning this about available economic forecasts–none that although the administration has the year. of them make any allowance for another authority to end the agreement, the Smith emphasized the importance of terrorist event, he said. “Are you willing to department felt the Legislature should be strategic priorities, particularly for technol- bet the ranch that another one will never involved in the decision. ogy investment, in the budget cutting occur,” he asked the panel. Sen. Lawrence Pogemiller (DFL- considerations and requested that the In response to panel questions about Mpls.), committee chair, questioned department be allowed flexibility in delaying action on the FY 04-05 budget whether ending the tax reciprocity making the decisions. until early 2003, when the economic agreement would threaten the tuition picture may be clearer, Melton said that in reciprocity agreement Minnesota has with principle, the FY 04-05 budget does not Wisconsin. Engh responded that proposed Telecommunications, Energy need to be solved right now. However, he language ending the tax agreement would and Utilities said, Senators must ask themselves where also sever the connection between tax the balance of risk lies. If one doesn’t make reciprocity and tuition reciprocity. In Power plant bills discussed at least a good effort to plan ahead, he addition, Engh said that ending the Members of the Telecommunications, said, what was manageable could be much agreement would also increase revenue for Energy and Utilities Committee, chaired worse. Minnesota by about $8 million and reduce by Sen. James Metzen (DFL-South St. Sen. Don Betzold (DFL-Fridley) asked administrative costs for the department. Paul), met Tues., Feb 5 to hear several the economists why unemployment is The downside, she said, is that some bills. rising if the economy is already in recov- Minnesotans will have to file two tax S.F. 2651, carried by Sen. Dick Day ery. Rolnick and Laufenberg explained returns and a few will end up paying more (R-Owatonna), exempts the attached that employment figures are lagging tax. machinery and other personal property of indicators. Laufenberg noted that the Pogemiller and several members of the Simon Energy Project–a proposed Department of Labor indicated that the committee indicated support for natural gas turbine electric generation national labor force declined by 1 million including the language ending reciprocity facility to be located in Waseca–from people from December 2001 to January in the budget reconciliation bill, if only to personal property tax. The bill also 2002, making a comparison between give Minnesota added flexibility in requires construction of the facility to be unemployment percentages between the negotiating with Wisconsin. completed by Jan. 1, 2004, and excludes two months suspect. Rolnick added that The panel next considered budget from the exemption electric transmission economists measure economic health in reductions for the Dept. of Revenue. lines and gas pipelines, and interconnec- terms of goods and services produced, not Traditionally, budget decisions concern- tions for either, belonging to the property jobs filled. Businesses, he said, will tend to ing the department are made in the or the facility. maximize productivity for a time before Finance Committee, but this year, Enrique Simon, chief executive beginning to rehire workers. Pogemiller said the agency’s budget would officer and president of Simon Industries,
21 Committee update Inc., said that no plant of similar size– environmentally friendly. The bill was According to Bryan Morlock, designed to produce 46 megawatts of approved and sent to the Tax Committee. manager of business development for Otter electricity–is built without an exemption. Sen. Anthony “Tony” Kinkel (DFL- Tail Power, the plant will be able to meet Also, he said the exemption saves the Park Rapids) carried another bill exempt- a peak demand of approximately 17,400 plant approximately $250,000 per year, ing an electric generation facility from homes. He said it will make Bemedji a helping the plant be more competitive and personal property tax. The bill, S.F. 2426, highly reliable regional energy emergency keeping the cost of electricity lower. exempts a proposed 40 to 50 megawatt location, help promote economic devel- Simon also said the plant will provide simple-cycle combustion turbine electric opment, increase the area’s tax base and stability and needed generation services to generation facility–to be built by Otter provide customer rate protection from Xcel Energy’s Southern Minnesota Tail Power Company in Lammers Town- market price volatility in case a main transmission, prevent energy resource ship near Bemidji. The bill also requires generator fails and it is necessary to deficits similar to those experienced by the construction of the facility to be com- purchase power from the market. The bill state of California and provide an afford- pleted by Jan. 1, 2005, requires that was approved and sent to the Tax Com- able, efficient and reliable form of natural gas be used as the primary fuel and mittee. electrical generation. He also said it will excludes from the exemption electric Sen. Jim Vickerman (DFL-Tracy), be small and unobtrusive with a stack of transmission lines and gas pipelines, and carried S.F. 2421, a bill that promotes the no larger than 60 feet, be similar in size to interconnections for either, belonging to use of biodiesel as a fuel for generating the nearby Reliant Energy site and be the property or the facility. electricity. The bill amends the definition
Fourth graders from Snail Lake Elementary school in Mounds View wave American flags as part of a spirited choral perfor- mance in the Capitol rotunda Fri., Feb. 1. Photo by Shelley Hawes
22 of renewable energy in current law to paper company’s steam needs and 225 Charlie Weaver, commissioner of the include electricity generated by a facility megawatts of wholesale electricity to Minnesota Department of Public Safety, that utilizes a fuel blend containing at least Minnesota and its neighboring states. testified regarding cuts in his department. 85 percent biodiesel fuel, and the defini- Candy also said the facility will enhance Weaver said that between 2002-03 the tion of renewable fuel to include fuel with Grand Rapids as a site for possible paper department is cutting a total of $6.1 a blend of 85 percent biodiesel. The bill mill expansion and provide additional million in services, as well as increasing also amends current law that provides a employment to the region–including 500 several fees that total $4.6 million in state incentive to operators of certain workers, over 100 subcontractors and 55 increased revenue. As a result, the net electric generation facilities by adding permanent staff. A bill regarding the effect on the general fund is approximately facilities that use a fuel blend of at least 85 proposed plant will be reviewed at a later $10.7 million. In 2004-05, cuts total $2.4 percent biodiesel fuel to the list of date. million and fee revenues increase by $8.5 facilities eligible for an incentive. million, with a net effect on the general Vickerman offered to amend the Transportation and Public fund of approximately $11 million. definition of renewable energy in the bill Among the programs cut or reduced are to include electricity generated that Safety Budget Division the auto theft prevention program, drug contains a fuel blend of up to–instead of at policy and violence prevention program least–85 percent. However, several Cuts may close Fort Snelling and the state match for disasters. Among Senators had concerns with the amend- Members of the Transportation and the programs with fee increases are those ment. Sen. Steve Kelley (DFL-Hopkins) Public Safety Budget Division, chaired by dealing with alcohol and gambling said the amendment changes the bill so Sen. Dean Johnson (DFL-Willmar), met enforcement and DWI reinstatement. that even fuel with only a 1 percent Thurs., Jan. 31, to hear reports from various Directing his comments to Weaver, biodiesel blend is considered renewable state agencies regarding the governor’s Johnson said that as part of the effort to energy. He said that there needs to be a proposed budget cuts. save money and keep spending down, he minimum number, or , “somebody could Among the agencies discussed was the hoped that the governor would decrease call as renewable energy fuel that is 99 Minnesota Historical Society, whose his travel schedule, which includes money percent petroleum and 1 percent representative–Executive Director Nina for security purposes. While Johnson said biodiesel.” Archibald–informed the members that part that it is appropriate for the governor to Sen. Ellen Anderson (DFL-St. Paul) of the effort to cut $2 million per year travel in order to promote the state and for also had concerns with the amendment. from their operating budget of $27 million goodwill, travel for personal reasons is not She said that classifying biodiesel fuel as includes closing Historic Fort Snelling. always appropriate. renewable energy as defined in the The decision, she said, was painful– Commissioner of the Minnesota amendment enables plants using low especially with the 150th anniversary of Department of Labor and Industry Shirley amounts of biodiesel to receive incentive the state coming in the year 2008–but Chase testified regarding cuts in her money designed to reward plants for using necessary. She also said that the society department. Chase said that in the 2002- clean energy sources-such as wind, solar hopes closing the site will not be a 03 biennium the department is cutting a and hydroelectric. She also said more permanent measure, but a temporary total of approximately $826,000 from information is needed on the cleanliness of solution. Sen. Claire Robling (R-Prior their current budget of $7.2 million and biodiesel in different grades. The amend- Lake) asked if entry fees are charged for $1 million in 2004-05. The reduction, she ment was withdrawn and the bill was laid the site. Responding, Archibald said that said, comes from such things as terminating over for further review. an entry fees is charged, but raising it to three staff positions and eliminating salary Warren Candy, of Rapids Power, make up for lost revenue would not be savings of $53,000 realized during the state testified regarding a proposed heat and feasible. workers strike. power electric generation facility for “We are at the outside limit of what Jim Bernstein, commissioner of the Grand Rapids. The facility, to be located we think is reasonable,” she said. Minnesota Department of Commerce, near the Blandin Paper Company, will Archibald also said the society plans testified as well. He said the department is burn 40 percent waste wood–mainly from to close the Forest History Center in Grand decreasing its budget of approximately Blandin–and 60 percent coal. Using the Rapids and the Grand Mound Historic $55 million by $614,000 for the 2002-03 best available environmental control Site near International Falls, reduce public biennium and by $870,000 for 2004-05. technology, the plant will produce far less programs at the Lower Sioux Agency near The cuts, he said, come from eliminating pollutants than other strictly coal or coal Redwood Falls and at the Jeffers two to three staff positions, reducing mix facilities and produce less oxides of Petroglyphs site near Comfrey, and limit cosmetology enforcement and reducing gas nitrogen than a gas facility, he said. access to Alexander Ramsey House in St. pump inspection. Bernstein also said the However, according to information Paul between November and December. department is adding almost $95 million provided, the plant will produce more Several programs at the St. Paul Center are to the general fund by transferring that sulfur dioxide, carbon monoxide and reduced under the proposal as well. amount from its assigned risk plan to the mercury than a strictly gas plant. Candy Finally, Archibald said that reductions fund. The plan, he said, has a current also said the plant will cost $6 less per include cutting 120 positions, 37 of which surplus of $170 million. hour to operate than similar sized plants are full time. Neil Melton, representing the relying exclusively on coal or gas. He said “This is a difficult place for the Minnesota Board of Peace Officers the plant will produce 100 percent of the society to be,” she said. Standards and Training (POST), also
23 Committee update spoke. He said the POST Board is cutting rapidly growing corridors in the country in favor of the busway. Ourada questioned its approximately $9 million budget to and is part of a comprehensive transporta- the wisdom of building a bus only lane $8.5 million by reducing reimbursements tion package for Minnesota. The project and said he couldn’t support building to local governments for law enforcement calls for $120 million in state bonding, capacity on a road without allowing at training, lowering reimbursements in other Krentz said, approximately 40 percent of least car-poolers to use it as well. Sen. Dick various local assistance programs and the total $294 million budget. Department Day (R-Owatonna) said it was his experi- cutting general operating costs. of Transportation (MnDOT) Commis- ence that people simply don’t want to ride Lee Sheehy, regional director of the sioner Elwyn Tinklenberg said that people buses. Metropolitan Council, testified also. He want and support transportation choices. General Manager of Metro Transit said the council is reducing its approxi- The Northstar Corridor Rail, he said, Mike Setzer said an exclusive busway is mately $136 million budget for the 2002- reflects the value of a “multi-modal” the most attractive transportation option 03 biennium by $1.1 million and its $131 approach because it is a managed, inte- because it replicates rail service at a million budget in 2004-05 by $1.7 million grated, long-term solution to the corridor’s fraction of the cost. Chair of the Metro- by reducing staff and consultant services. numerous transportation problems. politan Council Ted Mondale said a Paul Erickson, executive director of Tinklenberg said the project has 85 busway is the most cost-effective way to the Amateur Sports Commission, testified. percent public approval in corridor serve the corridor. According to information provided, the communities and anticipates freeing up an commission’s budget of approximately additional lane and a half capacity on the Budget cut proposal okayed $2.8 million is reduced by $60,000 for roadway during peak periods. When The Transportation and Public Safety both the 2002-03 and the 2004-05 Johnson asked if the project expected any Budget Division, chaired by Sen. Dean bienniums. surprises during implementation, Johnson (DFL-Willmar) met again Tues., Johnson also handed out a document Tinklenberg said that because of the Feb. 5 to discuss the division’s budget with his recommendations for budget cuts. grassroots support of the project, he didn’t reduction recommendations and several The document–which includes no anticipate many community complaints bonding requests. Rick Jonas from the reductions for the Historical Society–cuts about train noise or station location. Department of Transportation (MnDOT) a total of $10.6 million from the transpor- MnDOT official Mike Schadauer pre- explained the $60 million bonding tation budget in the 2002-03 biennium sented more specifics about the project, request for local bridge replacement and and $14 million in 2004-05. The governor including data stating 33 percent of rehabilitation. The governor has recom- recommends cuts of $18.13 million in operating costs would be covered by fares, mended only $30 million, Jonas said. Sen. 2002-03 and 19 million in 2004-05. and an estimate range of $57.1 million to Keith Langseth (DFL-Glyndon) asked $134 million for improvements along the about the headway the state is making Bonding proposals discussed route. Sen. Mark Ourada (R-Buffalo) against unsafe bridges. Jonas replied that in The Transportation and Public Safety asked where the money would come from 1976, there were 5,000 deficient bridges Budget Division, chaired by Sen. Dean if the improvement costs exceeded the while currently there are 2,000 deficient Johnson (DFL-Willmar), met Mon., Feb. 4, lower estimate. Tinklenberg replied that bridges. Since 1976, 5,000 bridges have to discuss several transportation bonding the exact improvement costs can’t be been repaired, he said, but since then proposals. Seaway Port Authority official known at the moment, but the state others have become deficient. Jonas said Ray Skelton said the port development contribution would be capped. The panel that as few as 100 bridges in the state are assistance program is the means by which heard testimony in support of the project considered truly unsafe based on serious the port authority is able to maintain its from Downtown Minneapolis Council structural deficiencies. port infrastructure. Minnesota’s five public President Sam Grabarski, who said Johnson distributed two worksheets to ports, in conjunction with the Minnesota Northstar will assist in the council goal of the division that summarized the differ- Department of Transportation, have bringing 60 percent of workers and visitors ences between the governor’s and the assembled a list of needed construction downtown by public transportation. Tim division’s recommendations for budget and rehabilitation projects that total Houle, Morrison County Administrator reductions. Johnson said the governor approximately $27 million, he said. urged the committee to extend the project recommended $18 million in cuts, while Skelton added that without the requested to Little Falls, with an estimated addi- the division proposes a $10 million cut. $8 million in funds, which was not tional cost of $18 - 34 million. Ourada The largest single difference, Johnson said, included in the governor’s recommenda- pointed out that cost per rider increases is that the governor recommended a $4 tions, the port authority is in danger of dramatically beyond St. Cloud. million cut to the Historical Society, while losing $3 million in federal matching Sen. Ann Rest (DFL-New Hope) the division proposes no reduction. Other dollars. The sponsor of S.F. 2476, Sen. sponsored the $50 million capital bonding areas of difference, Johnson explained, Steve Murphy (DFL-Red Wing) said, “As proposal for the Northwest Corridor come in the division’s preservation of soon as the money is available, the project Partnership, a busway that runs along several Department of Public Safety is ready to roll.” County Road 81 from Rogers to down- programs and funding grants. Sen. Mark Sen. Jane Krentz (DFL-May Town- town Minneapolis. Hennepin County Ourada (R-Buffalo) asked for an explana- ship) said the Northstar Corridor Rail Commissioner Mike Opat, said the busway tion for $17 million additional cuts in the Project, which is a proposed commuter rail would reduce congestion and give corridor governor’s proposal in trunk highway route between Rice, St. Cloud and commuters a transportation choice. bonds. Fiscal Analyst Amy Vennewitz said Minneapolis, will serve one of the most Robbinsdale Mayor Mike Holtz also spoke because the governor proposes to replace
24 Cindy Spraitz of St. Paul demonstrates the latest technology in augmentative and alternative communication products as part of a demonstration of assistive technology in the great hall of the Capitol Tues., Feb. 5. Photo by Shelley Hawes
$245 million in funding for MnDOT with Transit wants to double ridership by 2020 per year. Commerce Department official money from trunk highway bonds, the and the organization would like to build 5 Linda Taylor said the department’s lone governor has selected to pay the debt new garages in that time frame. The $10 capital request was $6 million to resurrect service on the bonds with a $17 million million bonding request is a reflection of the energy investment loan program, transfer from the general fund. Vennewitz the organization’s need to increase which loans money to school districts to said the total debt service on the bonds facilities in order to increase service, he make capital improvements in order to will increase to $28 million in 2004 from said. The new garage is designed to hold lower energy costs. The loans are paid $19.6 million in 2003. The proposal was 100 buses, Setzer said, the smaller garage back by the schools with the energy cost approved and sent to the full Finance will create other development opportuni- reductions. Taylor said the program is Committee. The motion prevailed 4-3. ties for the area. Langseth calculated a cost currently not running because all of the Sen. Charles Wiger (DFL-North St. of $320,000 per bus and said the figure previous funding from 1996 has been Paul) carried a bonding proposal for $10 seemed exorbitant. Ted Mondale, chair of distributed. The department also wants to million toward a new $32 million bus the Metropolitan Council said the alter the payback period from 10 to 15 garage near Snelling Avenue and Interstate previous bus garage was built in 1907, so years, she said. The Historical Society was 94. Wiger said the current garage at the site the costs should accurately be extrapolated represented by David Kelliher and is going to be demolished and the new over a long period of time. Director Nina Archabal, who requested garage is necessary for the transit The Amateur Sports Commission was $5.5 million for several projects across the authority’s long term goals. Mike Setzer, represented by Executive Director Paul state. Among the projects Kelliher general manager for Metro Transit, said the Erickson, who said the commission described were the renovation of the public subsidy for buses in the Twin Cities endorsed one $5.2 million capital project Forest History Center in Grand Rapids, is the lowest amongst all similar metropoli- to increase meeting space at the National improvement to the Hill House and Fort tan areas and fares are amongst the highest Sports Center in Blaine. Erickson said the Snelling in the Twin Cities, and building in the country. However, he said, the bus improvement allows larger groups to meet and furniture rehabilitation at the State system is one of the most efficient and cost- at the complex and increases the tourism Capitol in preparation for its 100th effective in the country. Setzer said Metro impact of the center by up to $2 million anniversary in 2005.
25 Statement of Ownership
26 27 Committee roster
Agriculture, General Legislation and Veterans Affairs Committee Environment and Natural Resources Committee Chair: Murphy Vice Chair: Ring Chair: Krentz Vice Chair: Tomassoni Office: 306 Capitol Phone: (651) 296-7405 Office: 111 Capitol Phone: (651) 296-1113 Meets: Weds., Fri., 9 a.m. - 12 noon, 107 Capitol Meets: Tues., Thurs., 9 a.m. - 12 noon, 107 Capitol Members: 12 Members: 18 Berg Fischbach Lourey Vickerman Anderson Higgins Olson Ring Dille Johnson, D.E. Sams Berg Kinkel Pariseau Stevens Fowler Lesewski Scheevel Dille Knutson Pogemiller Stumpf Frederickson Lessard Price Vickerman Capital Investment Committee Chair: Langseth Vice Chair: Wiger Office: 122 Capitol Phone: (651) 296-9612 Finance Committee Meets: Tues., Thurs., 1 - 3:45 p.m., 123 Capitol Chair: Johnson, Douglas Vice Chair: Johnson, D.H. Members: 13 Office: 205 Capitol Phone: (651) 296-8881 Bachmann Dille Kiscaden Samuelson Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m., 123 Capitol Berglin Johnson, DouglasLarson Wiener Members: 37 Cohen Kierlin Price Anderson Higgins Metzen Sabo Berg Johnson, D.E. Neuville Sams Commerce Committee Berglin Kiscaden Ourada Solon, Y.P. Chair: Vice Chair: Scheid Chaudhary Kleis Pariseau Stevens Office: 303 Capitol Phone: (651) 296-5776 Cohen Knutson Price Terwilliger Meets: Weds., Fri., 9 a.m. - 12 noon, 112 Capitol Day Krentz Ranum Vickerman Members: 13 Dille Langseth Ring Wiener Belanger Larson Metzen Reiter Foley Larson Robertson Wiger Hottinger Lessard Oliver Samuelson Frederickson Lourey Robling Kierlin Marty Pappas Wiener Crime Prevention Committee Chair: Ranum Vice Chair: Foley Office: 120 Capitol Phone: (651) 296-4842 Environment and Agriculture Budget Division Meets: Weds., Fri., 9 a.m. - 12 noon, 15 Capitol Chair: Price Members: 12 Office: 235 Capitol Phone: (651) 296-4167 Berglin Kleis Moua Schwab Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. 125 Capitol Betzold Krentz Olson Members: 10 Chaudhary Limmer Neuville Berg Higgins Pariseau Dille Johnson, Douglas Ring Education Committee Frederickson Krentz Wiger Chair: Pappas Vice Chair: Lourey Office: 120 Capitol Phone: (651) 296-1802 Health, Human Services and Corrections Budget Division Meets: Mon., Weds., 1 - 3:45 p.m., 123 Capitol Chair: Berglin Members: 36 Office: 309 Capitol Phone: (651) 296-4151 Bachmann Knutson Pogemiller Scheid Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 123 Capitol Chaudhary Krentz Price Schwab Members: 8 Cohen Langseth Ranum Solon, Y.P. Kiscaden Ranum Wiener Fowler Larson Rest Stumpf Lourey Sams Johnson, Debbie Lesewski Robertson Terwilliger Neuville Stevens Kelley, S.P. Limmer Robling Tomassoni Kierlin Moua Sabo Wiener Kinkel Murphy Scheevel Wiger State Government, Economic Development and the Kleis Olson Judiciary Budget Division Chair: Cohen E-12 Education Budget Division Office: 317 Capitol Phone: (651) 296-5308 Chair: Stumpf Vice Chair: Rest Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. 107 Capitol Office: G-24 Capitol Phone: (651) 296-8660 Members: 10 Meets: Mon., Weds., 1 - 3: 45 p.m. Room 112 Capitol Anderson Knutson Robertson Members: 19 Johnson, D.H. Larson Solon, Y.P. Bachmann Langseth Pappas Scheevel Kleis Metzen Vickerman Chaudhary Lourey Ranum Schwab Johnson, Debbie Moua Robertson Tomassoni Krentz Olson Sabo Wiger Knutson Transportation and Public Safety Budget Division Chair: Johnson, D.E. Higher Education Budget Division Office: 124 Capitol Phone: (651) 296-1738 Chair: Wiener Vice Chair: Kinkel Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 112 Capitol Office: 303 Capitol Phone: (651) 297-8073 Members: 9 Meets: Mon., Weds., 1 - 3:45 p.m. Room 107 Capitol Chaudhary Foley Ourada Sabo Members: 17 Day Langseth Robling Terwilliger Cohen Kleis Murphy Scheid Fowler Larson Pogemiller Solon, Y.P. Kelley, S.P. Lesewski Price Terwilliger Kierlin Limmer Robling
28 Health and Family Security Committee Tax Committee Chair: Sams Vice Chair: Higgins Chair: Pogemiller Vice Chair: Fowler Office: 328 Capitol Phone: (651) 296-1323 Office: 235 Capitol Phone: (651) 296-7809 Meets: Mon., Weds., 1 - 3:45 p.m., 15 Capitol Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m., 15 Capitol Members: 11 Members: 30 Berglin Hottinger Pariseau Bachmann Kierlin Moua Rest Fischbach Kiscaden Ring Belanger Kinkel Murphy Samuelson Foley Lourey Stevens Betzold Lesewski Oliver Scheevel Fischbach Lessard Olson Scheid Hottinger Limmer Orfield Schwab Johnson, Debbie Marty Pappas Stumpf Kelley, S.P. Moe, R.D. Reiter Tomassoni Jobs, Housing and Community Development Committee Chair: Anderson Vice Chair: Sabo Office: 120 Capitol Phone: (651) 296-1767 Meets: Weds., Fri., 9 a.m. - 12 noon, 123 Capitol Income and Sales Tax Budget Division Members: 15 Chair: Betzold Bachmann Johnson, Debbie Moe, R.D. Solon, Y.P. Office: G-9 Capitol Phone: (651) 296-4147 Frederickson Johnson, Douglas Orfield Terwilliger Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 318 Capitol Higgins Knutson Robertson Wiger Members: 13 Johnson, D.H. Fowler Kinkel Marty Reiter Fischbach Lessard Murphy Schwab Kierlin Limmer Orfield Tomassoni
Judiciary Committee Property Tax Budget Division Chair: Marty Vice Chair: Foley Chair: Samuelson Office: 325 Capitol Phone: (651) 296-5712 Office: 120 Capitol Phone: (651) 296-4875 Meets: Tues., Thurs., 9 a.m. - 12 noon, 15 Capitol Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 15 Capitol Members: 10 Members: 17 Betzold Fischbach Limmer Orfield Bachmann Kelley, S.P. Oliver Rest Cohen Kiscaden Neuville Ranum Belanger Lesewski Olson Scheevel Hottinger Moe, R.D. Pappas Scheid Johnson, Debbie Moua Pogemiller Stumpf
Rules and Administration Committee Chair: Moe, R.D. Vice Chair: Hottinger Office: 208 Capitol Phone: 296-2577 Meets: On call (Mon., 8 a.m. - 12 noon; Fri., 1 - 3:45 p.m.), 107 Cap. Telecommunications, Energy and Utilities Committee Members: 23 Chair: Metzen Vice Chair: Kelley, S.P. Belanger Johnson, D.E. Olson Samuelson Office: 322 Capitol Phone: (651) 296-4175 Berg Johnson, DouglasPappas Stumpf Meets: Tues., Thurs., 1 - 3:45 p.m., 15 Capitol Berglin Langseth Pariseau Vickerman Members: 15 Cohen Larson Pogemiller Anderson Lesewski Oliver Sams Day Marty Price Frederickson Lessard Ourada Scheevel Frederickson Metzen Ranum Johnson, D.H. Marty Pariseau Tomassoni Kinkel
State and Local Government Operations Committee Chair: Vickerman Vice Chair: Orfield Transportation Committee Office: 226 Capitol Phone: (651) 296-4150 Chair: Vice Chair: Chaudhary Meets: Tues., Thurs., 1 - 3:45 p.m., 107 Capitol Office: 323 Capitol Phone: (651) 296-5285 Members: 13 Meets: Tues., Thurs., 9 a.m. - 12 noon, 112 Capitol Betzold Pogemiller Robertson Stevens Members: 18 Belanger Langseth Ourada Sabo Day Reiter Robling Stumpf Day Metzen Pappas Samuelson Fowler Rest Solon, Y.P. Johnson, D.H. Moua Reiter Schwab Johnson, D.E. Murphy Robling Terwilliger Johnson, Debbie
29 Preview Monday, February 11 Country State Recreation Area. S.F. 2435- Income and Sales Tax Budget Division Moe, RD: Adding to Big Bog State Chair: Sen. Don Betzold The Senate will meet at 9 a.m. Recreation Area. S.F. 2511-Scheevel: 4 p.m. Room 318 Capitol Authorizing private sale of state land. S.F. Agenda: To be announced. Education Committee 2714-Larson: Public sale of tax-forfeited Chair: Sen. Sandra Pappas land in Douglas County. S.F. 2595- Legislative Commission on Pensions and 1 p.m. Room 123 Capitol Stevens: Authorizing private sale of surplus Retirement Agenda: S.F. 2167-Olson: Requiring state land in Sherburne County. S.F. 222- Chair: Sen. Dean E. Johnson school boards to allow nonpublic school Krentz: Establishing penalties for gross 6 p.m. Room 112 Capitol students to be eligible to participate in overlimit violations of game and fish laws. Agenda: To be announced. extracurricular activities. S.F. XXX-Olson: S.F. 2676-Krentz: Modifying provisions Requiring school boards to allow charter relating to aquatic plant control permits. Wednesday, February 13 school students to participate in extracur- ricular activities. S.F. 2755- Pappas: Judiciary Committee Joint Hearing of the Senate Education Requiring nonpublic schools to annually Chair: Sen. John Marty Committee and House K-12 Education provide notice of equal transportation 9 a.m. Room 15 Capitol Finance Committee requirements. S.F. 2411-Reiter: Requiring Agenda: S.F. 368-Fischbach: Land used for Chairs: Sen. Sandra Pappas and Rep. Alice recitation of the Pledge of Allegiance in recreational trail purposes civil liability Seagren all public schools. S.F. 2737-Pappas: immunity extension. S.F. 2542-Scheid: 8 a.m. Basement Hearing Room, State Providing diesel fuel emissions informa- Business corporations and limited liability Office Building tion to local school districts and parents. companies regulation provisions modifica- Agenda: Value added testing. S.F. 2430-Wiger: Requesting the Univ. of tions. S.F. 2625-Higgins: Assisted Repro- Minnesota and MnSCU to develop a duction Act. S.F. 2614- Kiscaden: Foster Commerce Committee policy that allows students to rent instruc- care placement communicable diseases Vice Chair: Sen. Linda Scheid tional materials. S.F. 2488-Larson: disclosure requirement. S.F. 2622- 9 a.m. Room 112 Capitol Proposing Constitutional amendment; Kiscaden: Volunteer health care provider Agenda: S.F. 2562-Scheid: Revising providing for appointment of members of program. circumstances in which signature of the Univ. of Minnesota Board of Regents. licensed architect, licensed engineer, S.F. XXX-Pappas: Allowing undocu- Capital Investment Committee licensed land surveyor, licensed landscape mented noncitizens to qualify as residents Chair: Sen. Keith Langseth architect, licensed geoscientist, or certified of Minnesota for state higher education 1 p.m. Room 123 Capitol interior designer is required. S.F. 2671- purposes. S.F. 2573- Berg: Allowing Agenda: Discussion of Senate bonding Scheid: No-fault auto; regulating residual Independent School District 801, Browns bill. liability coverage. S.F. XXXX-Hottinger: Valley, to begin the school year as early as Prohibiting issuing or requiring excess Aug. 27. State and Local Government Operations insurance on property; regulating real Committee estate appraisals. S.F. XXXX-Scheid: Health and Family Security Committee Chair: Sen. Jim Vickerman Insurance fraud. S.F. XXXX-Foley: Airbag Chair: Sen. Dallas Sams 1 p.m. Room 107 Capitol replacement. S.F. 1226-Sams: Regulating 1 p.m. Room 15 Capitol Agenda: S.F. 2578-Wiener: Client- basic economic loss benefits. Agenda: S.F. 2486-Samuelson: Modifying directed support programs. S.F. 2589- the requirements for major spending Larson: Establishing Lakes Area Economic Crime Prevention Committee commitments of radiation therapy facili- Development Authority. S.F. 2590- Chair: Sen. Jane Ranum ties. S.F. 2669-Hottinger: Establishing the Lourey: Permitting appointment of county 9 a.m. Room 15 Capitol Minnesota Emergency Health Powers Act. recorder in Carlton County. S.F. 2572- Agenda: S.F. 2683-Ranum: Anti-terrorism Hottinger: Establishing a non-profit initiative. S.F. 2563-Schwab: Anti- Tuesday, February 12 corporation in Region Nine. S.F. 2670- terrorism act. S.F. 2893-Johnson, Dean: Higgins: Authorizing city of Minneapolis Anti-terrorism initiative. Portions of S.F. to construct asphalt plant. S.F. 2551- Environment and Natural Resources 2563 and S.F. 2893 will be offered as Pappas: Setting local bonding limits in St. amendments to S.F. 2683. Committee Paul through 2008. S.F. 2680- Limmer: Chair: Sen. Jane Krentz Changing certain requirements in energy Jobs, Housing and Community Develop- 9 a.m. Room 107 Capitol codes. S.F. 2568-Rest: Removing limita- Agenda: S.F. 2727-Samuelson: Depart- ment Committee tion on leasing real property in Hennepin Chair: Sen. Ellen Anderson ment of Natural Resources lands bill. S.F. County. 2438- Samuelson: Adding to Cuyuna 9 a.m. Room 123 Capitol
30 Agenda: S.F. 1-Anderson: Minimum wage. Agenda: S.F. XXXX-Krentz: Establishing a Jobs, Housing and Community Develop- S.F. 2641-Marty: Smoking in workplaces deposit on beverage containers. S.F. 2675- ment and multi-tenant buildings. Krentz: Modifying recycling container Chair: Sen. Ellen Anderson requirements for public entities. 9 a.m. Room 123 Capitol Agriculture, General Legislation and Agenda: Report of the transition team on Veterans Affairs Committee Thursday, February 14 Workforce and Economic Development Chair: Sen. Steve Murphy Dept. Public testimony regarding the 10 a.m. Room 107 Capitol The Senate will meet at 8:30 a.m. report. Agenda: To be announced. Environment and Natural Resources Education Committee Committee Chair: Sen. Sandra Pappas Chair: Sen. Jane Krentz Senate on the World Wide Web 1 p.m. Room 123 Capitol 9 a.m. Room 107 Capitol The Minnesota Legislature’s Web site Agenda: S.F. 2736-Pappas: Department of Agenda: S.F. 1555-Higgins: Regulating has been updated. A joint effort of the the use of lawn fertilizers containing Children, Families and Learning adminis- Senate, House of Representatives, Legisla- phosphorus. trative policy bill. tive Reference Library, Legislative Commissions, and the Office of the Health and Family Security Committee Judiciary Committee Revisor of Statutes, the site offers easier Chair: Sen. Dallas Sams Chair: Sen. John Marty access to a variety of legislative and 1 p.m. Room 15 Capitol 9 a.m. Room 15 Capitol government information. Agenda: S.F. 2532-Samuelson: Establish- Agenda: S.F. 2457-Berglin: Court involve- The Legislature’s page (http:// ment in hospital commitment. S.F. 2838- ing requirements for provider contracting. www.leg.state.mn.us) includes links to Ranum: Closed public meetings for S.F. 2811-Kiscaden: Establishing a other government agencies and depart- security issues discussion. S.F. 2839- donated dental services program. S.F. ments, as well as copies of Minnesota Ranum: Juvenile Court district judge term Statutes, Session Laws, and Administrative 2550-Berglin: Modifying consent require- limit repeal. S.F. 2820-Johnson, David: Rules. The page also allows one to track ments for billing Medical Assistance and Child support past liability period legislation and get general information MinnesotaCare for individual education increase. S.F. 1030-Wiger: National Crime about the legislative process. The site plan services. S.F. 2753-Robertson: Prevention and Privacy Compact. S.F. includes a district finder service for those Modifying consent requirements for 2795-Marty: Human rights grievances who need to contact their House member billing Medical Assistance and additional sanctions. or Senator. MinnesotaCare for individual education Information about joint legislative plan services. Capital Investment Committee departments, the various legislative Chair: Sen. Keith Langseth commissions, and task forces is available at Health, Human Services and Correc- 1 p.m. Room 123 Capitol http://www.commissions.leg.state.mn.us. tions Budget Division Agenda: Discussion of bonding bill. The Senate Web site (http:// www.senate.leg.state.mn.us) has informa- Chair: Sen. Linda Berglin tion about members, committees and 4 p.m. Room 123 Capitol State and Local Government Operations Committee Senate staff. The page also has daily and Agenda: To be announced. Chair: Sen. Jim Vickerman weekly schedules for the Senate, as well as 1 p.m. Room 107 Capitol copies of the Journal and Senate Briefly. Income and Sales Tax Budget Division Agenda: S.F. 2881-Cohen: Housing; The status of legislation and confirmation Chair: Sen. Don Betzold discretionary municipal subdivision of executive appointments by the Senate is 4 p.m. Room 318 Capitol authority. S.F. 2539-Wiger: Providing for also available. Agenda: To be announced. contribution by city of St. Paul for construction of a major league baseball Educational Videos Available Transportation and Public Safety Budget park. S.F. 2682-Johnson, Douglas: Making Two videos, “Discover the Capitol” Division Metropolitan Airports Commission a and “Rules, Laws and Process,” can now be Chair: Sen. Dean E. Johnson division of the Dept of Transportation. accessed through the Legislature’s website 4 p.m. Room 112 Capitol at http://www.leg.state.mn.us/leg/youth/ Agenda: Transportation funding bills. video.htm (Requires Real Player or Friday, February 15 Windows Media Player.) These videos are excellent sources of information on the Environment and Natural Resources Crime Prevention Committee history of the State Capitol and on how Committee Chair: Sen. Jane Ranum laws are made in Minnesota. For more Chair: Sen. Jane Krentz 9 a.m. Room 15 Capitol information or to borrow a video tape of 7 p.m. Room 107 Capitol Agenda: To be announced. either program contact Senate Media Services at (651) 296-0264.
31 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8060 Leonard R. Price 235 Cap. 57 DFL 296-9246 Linda Higgins 328 Cap. 58 DFL 297-8061 Jane B. Ranum 120 Cap. 63
DFL 296-6153 John C. Hottinger 205 Cap. 24 R 296-1253 Mady Reiter 132D SOB 53 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-3826 Dean E. Johnson 124B Cap. 15 DFL 296-5419 Twyla L. Ring 306 Cap. 18 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4314 Martha R. Robertson 141 SOB 45 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 R 296-4123 Claire A. Robling 143 SOB 35
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 296-4274 Julie A. Sabo 317 Cap. 62 R 296-5649 Bob Kierlin 127 SOB 32 DFL 297-8063 Dallas C. Sams 328 Cap. 11 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 DFL 296-4875 Don Samuelson 120 Cap. 12 R 296-4848 Sheila M. Kiscaden 135 SOB 30 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-6455 Dave Kleis 107 SOB 16 DFL 296-8869 Linda Scheid 303 Cap. 47
R 296-4120 David L. Knutson 133 SOB 36 R 296-9248 Grace S. Schwab 151 SOB 27 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
Capitol address: 75 Constitution Avenue, St. Paul, MN 55155. State Office Building address: 100 Constitution Avenue, St. Paul, MN 55155. All phone numbers are area code 651.
Senate Publications
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32 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 26 Floor update
Page 28 Committee roster
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In the wake of an extraordinarily mild Minnesota winter, only a small remnant of snow can be found on the front lawn of the Capitol, Valentine’s Day 2002. Photo by David J. Oakes
February 15, 2002
1 Senate Highlights Bonding bill unveiled million to the Department of Natural to perform pre-designs, while smaller Explaining the process the committee Resources, $116 million to the Depart- communities lack the available funds. underwent to formulate bonding priorities, ment of Trade and Economic Develop- “Pre-design is desirable,” she said, but the Sen. Keith Langseth (DFL-Glyndon) said ment, and almost $100 million to the state must attempt to offer equal opportu- members embarked on several tours of Department of Administration. The bill nities to all communities. Both Langseth Minnesota during the interim. “I know also includes over $70 million in funding and Sen. Douglas Johnson (DFL-Tower) Minnesota better than I ever did before,” for education–including the Perpich said they share her concerns. he said, “and I am far more impressed with Center for Arts Education, the Minnesota Sen. Deanna Wiener (DFL-Eagan) Minnesota than ever before.” Langseth, State Academies in Faribault and the asked if the state keeps records on contrac- chair of the Capital Investment Commit- Department of Children, Families and tors used for previous projects. She tee, said the most dire needs were found in Learning. Over $10 million is appropri- expressed dissatisfaction with the original higher education science labs. Thus, he ated for the Minnesota Zoo, including work performed to build the Perpich said, higher education needs were put at over $7 million for the first phase of a Center and said relatively new buildings, the top of the list–resulting in the requests planned expansion. The bill requires that like the Perpich Center, should not need from the University of Minnesota and the the Zoo provide the commissioner of to be filing capital requests so soon after Minnesota State Colleges and Universities finance with proof that at least $2.4 they are built. Assistant Commissioner being approved in their entireties. After million in non-state funds are available for Kath Ouska, Department of Administra- higher education, Langseth said, the the expansion project before the bond tion, said the department does engage in committee prioritized state responsibilities funds are released. follow-up on projects. The first option, she outside higher education and gave the Senate Counsel explained several said, is to resolve the dispute on the spot, lowest priority to regional and local procedural changes within the bill, finding a solution that is acceptable to projects. We went as far as we felt we including requirements that government both the vendor or contractor and the could with non-higher education projects, bodies submitting multiple requests must state. If the dispute cannot be resolved, Langseth said. also indicate a prioritization of the requests Ouska said, vendors can be prevented from The bonding proposal–presented at and that local governments must perform bidding on projects for a certain length of the committee’s Tues., Feb. 12, hearing– their own pre-design and cannot pass pre- time, depending on the severity of the provides for almost $1.2 billion in capital design costs onto the state after a project is dispute. improvements. The bill appropriates over approved in concept. Sen. Sheila Kiscaden Noting that the Department of Human $219 million and $266 million to the (R-Rochester) said large communities are Services is allocated $3 million for capital University of Minnesota and MnSCU, heavily advantaged under the new improvements at the Fergus Falls Regional respectively. It also allocates over $117 language because they have the resources Treatment Center, Sen. Linda Berglin (DFL-Mpls.) asked if the center wasn’t going to be closed, as proposed under the Senate Briefly is a publication of the Photography: operating budget reconciliation plan Minnesota Senate Publications Office. David J. Oakes advanced by the governor. Alan During the 2002 Legislative Session, Shelley Hawes Vanbuskirk, from the department, said the each issue reports daily Senate activities appropriation reflects the need to relocate between Thursdays of each week, lists Writers: psychiatric treatment services from the upcoming committee meeting schedules Karen L. Clark main building on the Fergus Fall campus, and provides other information. The which is over 100 years old. He said the publication is a service of the Minnesota Joshua A. Dorothy Steve Holman department requested the appropriation Senate. No fee. It can be made available before the budget reconciliation plan was Mary Kate Stimmler in alternative formats. announced. Vanbuskirk said the Matthew Wickman department’s focus is to leave the treat- To subscribe, contact: ment services in the Fergus Falls area, if Senate Publications Office not on the actual campus of the regional G-22 Capitol treatment center. Assistant Commissioner 75 Constitution Ave. Elaine Timmer said the operating budget St. Paul, MN 55155-1606 Senate Briefly is published weekly savings will be realized almost entirely (651) 296-0504 during the Legislative session by the from closing most of the center, but that 1-888-234-1112 Minnesota Senate Publications Office, the $3 million requested for capital (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. investments is contingency planning if the Paul, MN 55155-1606. Periodical psychiatric treatment services must remain postage paid at St. Paul, MN. POST- on the campus, in a smaller building. Editor: Berglin said the complexity of the MASTER: Send address changes to Karen L. Clark department’s plans for the regional Senate Briefly, Senate Publications treatment center are only coming to the Office, G-22 Capitol, 75 Constitution Assistant Editor: light of day now. Details of the plans to Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy close the center, either totally or only partially, are integral to the Senate’s
2 consideration of the department’s operat- sponsoring, S.F. 2683, is the result of the Schwab offered an amendment ing budget, she said. “We need a line-by- work done in those hearings. “The greatest providing funding for the expansion of the line breakdown of where the cuts are obstacle to rapid, effective response is a 800-megahertz radio system. After discus- coming from,” Berglin said. breakdown in communications,” Ranum sion on whether or not the amendment fell The panel approved the bonding said, “and the first portion of the bill is under the committee’s jurisdiction, the proposal and re-referred the proposal to communications and appropriations amendment was amended to delete the the Finance Committee. language that falls under the purview of appropriation amount and funding source. another committee.” The second portion The amendment was adopted. Anti-terrorism bills heard of the bill concerns policy under the Members also adopted another Crime Prevention Committee’s jurisdic- The Crime Prevention Committee amendment offered by Schwab. Originally, tion, she said. “The bill does not include focused the entire hearing Weds., Feb. 13, the amendment enhanced the penalty for anything that is included in the federal on measures designed to improve the falsely reporting a crime. However, Sen. ‘Patriot Act’ that was enacted last fall. We state’s response to terrorism activities. Sen. Thomas Neuville (R-Northfield) offered took a bare bones approach to provide Jane Ranum (DFL-Mpls.), chair of the an amendment, which was adopted, to additional tools for security, but not specify that whoever informs a law committee, said the panel held two overreach into the area of personal civil hearings after Sept. 11 to discover gaps in enforcement officer that an act of terrorism liberties,” Ranum said. has been committed, knowing that it is the state’s response to natural or man-made The bill authorizes the closing of disasters. Ranum said the bill she is false, is guilty of a felony. government meetings when the meetings Neuville’s amendment was adopted involve security issues or emergency and that portion of the Schwab amend- Capital Investment Committee responses, requires Minnesota identifi- ment was adopted. cation cards and driver’s licenses for Bonding Proposal The committee also added several noncitizens who aren’t permanent amendments to clarify the definition of resident aliens to expire at the same “act of terrorism” in the bill. As amended, Bonding appropriations time the person’s visa expires, expands the definition specifies “act of terrorism” U of M 219,101 the definition of murder in the first means an act that is intended to harm MnSCU 266,563 degree to include causing death by acts Perpich Center 3,155 of terrorism, expands the trespass law human life and to intimidate, injure or Dept. of CFL 65,255 penalty to a gross misdemeanor for coerce members of the public in addition State Academies 4,896 trespassing on the grounds of public to the direct victims of the act; influence DNR 117,172 utilities, creates a 25-year felony for the policy of a government by intimida- MPCA 11,500 using biological agents with intent to tion or coercion; or affect the conduct of OEA 3,450 cause death, disease or injury, expands government through the destruction of BOWSR 14,800 the definition of terroristic threats, property, assassination, murder, kidnap- Dept. of Agriculture 15,292 increases the penalty for bomb threats ping or theft of motor vehicles, aircraft, Zoological Garden 10,184 and creates a 10-year felony for causing trains, water-going vessels, or other means Dept. of Admin. 99,450 the evacuation or disruption of a place of transportation. CAAPB 2,879 by displaying, releasing or threatening Sen. Linda Berglin (DFL-Mpls.) Amateur Sports Commission 6,250 to release biological or chemical offered an amendment spelling out that Arts 35,500 agents. the grants in the bill were not to be used Dept. of Military Affairs 4,857 Members also heard overviews of for monitoring persons exercising their MnDOT 67,546 two additional anti-terrorism bills. S.F. lawful rights or for unlawful discrimina- Met Council 28,000 2563, carried by Sen. Grace Schwab tion. The amendment was adopted. Dept. of Commerce 5,000 (R-Albert Lea), contains provisions Sen. Dave Kleis (R-St. Cloud), offered Dept. of Health 775 that are in the bill moving through the two amendments. The first incorporates Dept. of Human Services 24,463 other body. Schwab said the measure language passed by the Senate in a Veterans Homes Board 17,344 includes provisions strengthening the previous session making it a crime to Dept. of Corrections 31,943 800-megahertz radio system, increasing destroy laboratory property. The amend- DTED 116,375 penalties for hoaxes and provisions ment was adopted. The second amend- IRRRB 1,800 relating to drivers licenses and weapons ment is a section of S.F. 2893 making it a Historical Society 9,143 of mass destruction. S.F. 2893, carried crime to solicit for terrorism. The amend- Bond Sale Expenses 1,068 by Sen. Dean Johnson (DFL-Willmar), ment was also adopted. Cancellations (1,013) contains the proposals developed by Finally, members adopted language, Total 1,182,748 the administration. Johnson said the offered by Schwab, that defines “critical public service facility” as railroad stations, General fund debt service 1,076,080 bill contains provisions relating to bus stations, airports, and other mass transit User financed debt service 104,410 sharing data, the freezing of assets, facilities and oil refineries for purposes of General fund 3,271 motor carrier tracking and creating the the bill. General fund cancellations (1,013) crime of soliciting to commit terrorism. Ranum said provisions in the other two The measure was approved and re- Figures are in $ thousands. bills would be discussed as amendments referred to the Telecommunications, Source: S.F. 3203, as introduced to S.F. 2683. Energy and Utilities Committee.
3 Committee update Agriculture, General practices related to good animal hus- and is not proactive regarding manure bandry; in livestock access lanes used to management. He said the bill–instead of Legislation and Veterans convey livestock to and from areas of the placing restrictions on pastures–just Affairs pasture; or winter feeding areas where exempts them from all of the rules. If vegetation cover is maintained during the problems with permitting are the issue, he Pasture definition discussed growing season and that are in compliance said, the bill should deal with that and not Members of the Agriculture, General with current law. The bill also exempts simply eliminate any rules governing pastures from certain rules applying to pastures. Sen. Becky Lourey (DFL-Kerrick) Legislation and Veterans Affairs Commit- livestock feedlots, poultry lots and other also said the language of the bill seemed to tee, chaired by Sen. Steve Murphy (DFL- animal lots. exempt feedlots from current rules. Red Wing), met Fri., Feb. 8, to discuss a Although he said he was disappointed Sams offered to amend the bill to bill clarifying the definition of pastures for to be discussing the definition of pasture define as pasture a winter feeding area the purpose of animal feedlot regulation. again, Bruce Claydon, from the Minnesota greater than five acres to include a size The bill, S.F. 2516, authored by Sen. Turkey Growers Association, testified in limit. However, Massey said the amend- Dallas Sams (DFL-Staples), defines favor of the bill. He said many farmers find ment didn’t help, since he has seen piles of pastures to mean areas where grass or other it a hassle to obtain certain permits and it manure alone that exceeded five acres and growing plants are used for grazing and is important to clarify the definition. Chris since it didn’t deal with the concentration where a concentration of animals is such Radatz, from the Minnesota Farm Bureau of animals. The bill was laid over for that a vegetation cover is maintained Association, also supported the bill. He further review. during the growing season. Under the bill, said it cleaned up some gray areas in Murphy carried S.F. 1792, which vegetation is not required in the immedi- current law and included safeguards to provides funding for ethanol production ate vicinity of supplemental feeding or continue to protect water. in the state and is meant to make up for the watering devices; in corrals and chutes Rod Massey, from the Minnesota elimination of ethanol funding in the where livestock are gathered for sorting, Pollution Control Agency, opposed the omnibus budget balancing bill. According veterinary services, loading and unloading bill. He said the bill has no limitations on to Murphy, the value of ethanol produc- trucks and trailers, and other necessary the density of animals or size of the pasture tion is substantial.
Senators Richard Cohen (DFL-St. Paul), left, and Linda Berglin (DFL-Mpls.) pore over a spreadsheet as the Capital Investment Committee convened Tues., Feb. 12, to consider the Senate bonding bill. Photo by David J. Oakes
4 “There’s no reason in the world the gathered for sorting, veterinary services, result, recent scientific evidence links the state of Minnesota can’t be a leader, not loading and unloading trucks and trailers, routine use of antibiotics in the animals only in the production of ethanol, but in among other activities; and in associated with rising problems with antibiotic- the production of renewable energies,” he livestock access lanes used to convey resistant infections in humans. He pointed said. livestock to and from areas of the pasture. out that several European countries such as Gerald Tumbleson, from the Minne- The bill also states that pastures are Sweden and Denmark have banned most sota Corn Growers Association, testified in exempt from the rules authorized for or all use of antibiotics for growth promo- support of the bill. He said the funding animal feedlots. According to Sams, the tion and have seen only negligible benefits over 8,000 farmers but will also amendment satisfactorily deals with the increases in costs. In America, he said, it is benefit communities in Greater Minnesota many issues of contention that were estimated that use of the antibiotics could in the form of added tax revenue and debated at the previous meeting. Minne- be banned at a cost of no more than three greater economic success. The bill was sota Pollution Control Agency representa- cents per day to the consumer. approved and re-referred to the Tax tive Rod Massey, who testified at the “This could be done with minimal or Committee. previous meeting regarding several no impact to the producer and consumer,” Sen. Steve Dille (R-Dassel) offered concerns the agency had with the bill, he said. S.F. 2502, which authorizes the sale of concurred. Sams asked if antibiotics can be bonds and appropriates money to upgrade “We have to work together on these cooked out. Wallinga said they can, but the veterinary diagnostic laboratory issues and I think it’s a good compromise,” often meat is under cooked. Also, Krentz building at the University of Minnesota. said Sams. said that 80 percent of the antibiotic passes Dille said the upgrade is necessary so the Clean Water Action representative through the animal before it is slaughtered. university can do a better job of perform- Tom Dunwall testified regarding some Sen. Steve Dille (R-Dassel) said he found ing diagnostic work. He said the renova- concerns with the bill. Part of the amend- it difficult to believe that much of an tions have been planned for the past three ment, he said, struck the word “temporary” antibiotic would run-off into local water years. The bill was laid over for further from the section stating that vegetation supplies. He also said the issue should be consideration. cover is not required in the immediate looked at by the federal Food and Drug Sen. Dan Stevens (R-Mora) authored vicinity of supplemental feeding or Administration and not by the Minnesota S.F. 2594, which establishes a sustainable watering devices. He said without the Legislature. Responding, Krentz said agriculture and renewable energy loan word “temporary” the amendment allows studies have found considerable amounts program. The bill was approved and re- supplemental feeding to be performed of various antibiotics in streams. The bill referred to the Finance Committee. permanently. He also spoke against the was laid over for future discussion. Stevens also carried S.F. 2569, which section exempting pastures from animal Sen. Charles Wiger (DFL-North St. states that refunds or rebates of federal and feedlot rules. He said these clauses prevent Paul) carried S.F. 2923, which creates two state sales taxes paid after June 30, 2001, regulation of manure and manure run-off. new Minnesota license plates. One plate may not be considered a means of support However, Massey said the agency could includes the phrase “proud to be a veteran” for purposes of eligibility for entrance to a still regulate any clean water violation. and the other plates includes the phrase Minnesota veterans home. The bill was Sams offered to amend the section “proud to be an American.” Revenue from approved and re-referred to the Finance exempting pastures from animal feedlot the two plates goes toward a World War II Committee. rules to clarify that it was only exempting memorial, Wiger said. The bill was pastures from the rules of one particular approved and sent to the Finance Commit- Pasture rules exemption discussed section. He said the amendment would tee. Members of the Agriculture, General add clarity to the exemption, and it was Sen. Bob Lessard (IND-Int’l. Falls) Legislation and Veterans Affairs Commit- adopted. carried S.F. 1072. The bill designates the tee, chaired by Sen. Steve Murphy (DFL- The bill was approved and re-referred photograph “Grace”–a famous photograph Red Wing), met Wed., Feb. 13, to con- to the Environment and Natural Resources of an elderly man praying taken in Bovey, tinue discussion on S.F. 2516, a bill Committee. Minnesota–as the state photograph and clarifying the definition of pastures for the Sen. Jane Krentz (DFL-May Town- requires it to be displayed in the Office of purpose of animal feedlot regulation. ship) carried S.F. 2884, which prohibits the Secretary of State. The bill was Sen. Dallas Sams (DFL-Staples), the nontherapeutic use of animal feed approved and sent to the floor. author of the bill, offered an amendment containing certain antibiotics and estab- Murphy carried S.F. 2915, which changing certain aspects of the bill. The lishes a surcharge on all commercial feeds eliminates the sunset date for the purchase amendment defines “pastures” under that contain antibiotics. of military service credit. The bill was animal feedlot rules as being areas where David Wallinga, from the Institute for approved and sent to the State and Local grass or other growing plants are used for Agriculture and Trade Policy, testified in Government Operations Committee. grazing and where the concentration of support of the bill. He said 70 percent of animals is such that a vegetation cover is all the antibiotics in the United States are Commerce maintained during the growing season. It given to healthy food livestock and states that vegetation cover is not required poultry as growth promoters or to prevent Insurance fraud addressed in the immediate vicinity of supplemental disease. He said the antibiotic is passed on Members of the Commerce Commit- feeding or watering devices; in associated to people when meat is eaten or through tee took up several bills dealing with corals and chutes where livestock are contaminated water from run-off, and as a insurance matters, including a bill consoli-
5 Committee update dating Minnesota’s efforts to prevent and Deputy Commissioner Gary Lavasseur said policies based on increasing land values, thwart insurance fraud, during their the department has always taken the even though the replacement cost of the meeting Wed., Feb. 13. position that liability coverage moves with home on the land has not gone up. The “Insurance fraud occurs every day in the driver of a vehicle and not with a bill was sent to the full Senate. many ways,” said Sen. Linda Scheid (DFL- vehicle itself. The bill requires motor Brooklyn Park) as she presented S.F. 3015 vehicle liability insurance to cover Crime Prevention to the panel. She said others, including the liability of relatives of a named insured insurance industry and a former attorney who live in the insured’s household when Gun safety bill okayed general, have indicated that the average they are driving a vehicle other than the A bill setting safety standards for Minnesota family pays about $1,000 a year insured vehicle, with the owner’s permis- firearms made and sold after June 30, to cover the costs of insurance fraud. sion. The committee approved the bill and 2002, was approved and sent to the Senate Scheid, vice-chair of the committee, said referred it to the full Senate. floor by members of the Crime Prevention that while many laws are on the books to The committee re-referred to the floor Committee at the Fri., Feb. 8, hearing. protect consumers, Minnesota lacks “a a bill that had been approved by the S.F. 1861, sponsored by Sen. Jane focused effort to detect and prevent committee last year but was returned at the Ranum (DFL-Mpls.), requires firearms to insurance fraud.” The bill, patterned after end of the last session under Senate rules. have both a visible serial number and a a model act of the Commission Against The bill–S.F. 1226, carried by Sen. Dallas serial number that cannot be altered or Insurance Fraud, creates a division of Sams (DFL-Staples)–provides that a person erased, to have an external locking device, insurance fraud within the Department of entitled to no-fault benefits is entitled to to have a built-in locking device and to Commerce. Currently, Scheid said, full medical expense benefits without pass other specified safety tests. The Minnesota is one of only four states managed health care limitations. measure had been discussed at a previous lacking such a division. S.F. 3015 also Members also approved a bill hearing and Ranum offered an amendment transfers the fraud investigation unit from requiring the replacement or repair of a to address some of the concerns raised by the Department of Labor and Industry and damaged, deployed or missing federally- members at the earlier hearing. The the automobile theft prevention program mandated air bag. S.F. 2970, carried by amendment deletes sections of the bill that (ATPP) from the Department of Public Sen. Leo Foley (DFL-Coon Rapids), required firearms to have a mechanism Safety to the new division. exempts vehicles more than seven years capable of preventing a five-year-old from Robert Johnson, executive vice old and establishes violation of the statute operating the firearm and that required president of the Insurance Federation of as a misdemeanor. Alyssa Schandler, pistols to have a positive manually Minnesota, said the bill is supported by a Minnesota Auto Dealers Association, said operated safety device. The amendment wide range of consumer, regulatory and there are only three ways to test for the also clarifies sections detailing the “drop industry groups. “That’s money that presence of an air bag, none of which are test” that firearms are required to undergo shouldn’t be paid,” he said of the $1,000 foolproof. She said that air bags are under the measure and expands a provi- per family cost of insurance fraud. Johnson expensive–ranging from $800 to $2,000– sion requiring the Bureau of Criminal said the ATPP has reduced automobile which may explain why some vehicle Apprehension to determine which make thefts 33 percent since its formation a few owners choose not to replace them after a and model of handguns fulfill the safety years ago. Programs that target insurance collision. Schandler also said the only requirements outlined by the bill. The fraud have a proven track record of federally-mandated air bags are in the amendment was adopted. positive results, he said. Sen. John steering wheel and in the passenger’s side Sen. Thomas Neuville (R-Northfield) Hottinger (DFL-Mankato) said the average dashboard, even though some vehicles offered an amendment to require a work family pays about $1,800 in state income come equipped with more air bags. The group to study the issue of gun safety and tax per year. Reducing insurance fraud, he bill was sent to the floor. develop recommendations for a set of said, will impact Minnesota’s families far The committee also approved two standards. Neuville said, “I was surprised to better and far more easily than any other bills as part of its hearing. S.F. 2562, learn that guns did not have to meet any reduction in the income tax. Commis- also carried by Scheid, clarifies that the safety standards and I think we should sioner of the Department of Labor and signature of a licensed professional–such as make sure there are safe guns, but I don’t Industry Shirley Chase said she supports an engineer, architect or interior designer– believe we have enough information to the transfer of the fraud investigation unit is required only on a document consid- put standards into law at this time.” because the unit will still be investigating ered, by industry standard, to be a final Neuville said the amendment also requires workers compensation fraud–its current work product and not a draft document. that guns manufactured after Jan. 1, 2003, mission–and will be able to increase its The bill was sent to the State and Local and sold or imported into the state after effectiveness by working with similar units Government Operations Committee. S.F. Aug. 1, 2003, have an external locking in the new division. The bill was approved 2953, authored by Hottinger, changes state device and include a warning on the risk and re-referred to the State and Local law to prevent insurers from issuing of handguns in the home and proper Government Operations Committee. property insurance policies for an amount methods of storage. Ranum opposed the Scheid also carried S.F. 2671, a bill exceeding the replacement value of amendment and said that the safety clarifying state law to conform to an buildings and covered improvements on standards in the bill have been shown to interpretation of the law used by the the property. Current law limits policies to be workable in other states. The amend- Department of Commerce prior to a recent the fair value of the property. Hottinger ment failed on a 5-7 roll call vote. The Minnesota Supreme Court decision. said current law allows insurers to issue bill was approved on an 8-4 roll call vote.
6 In other action, the panel heard four a health care provider who then over- not to raise expectations these risks will additional bills. S.F. 2458, carried by Sen. charges insurance companies for unneeded disappear overnight. Pappas laid the bill Dallas Sams (DFL-Staples), prohibits medical services after an automobile over for further discussion. presenting false information for purposes accident. Peter Orput, deputy attorney Sen. Gen Olson (R-Minnetrista) of background checks and prohibits general, said the practice occurs in carried two bills, S.F. 2167 and S.F. 2912, facilities offering services to vulnerable immigrant communities where an elder or which would allow private school and adults from hiring persons convicted of other trusted person is paid to “steer” charter school students to participate in violent crimes. Sams said that currently individuals who have been involved in an nearby public school’s extracurricular there are no penalties in place for persons auto accident to a particular medical activities. Peter Noll of the Minnesota giving false information when applying for practitioner. The bill was laid over in Catholic Conference said the premise of positions that provide services to vulner- order to craft language to more narrowly the bill is to optimize opportunities for able adults and that there are no penalties define the intended offender. students regardless of the school they for facilities that hire persons who have attend. He added it is an opportunity for been convicted of a violent crime. Education public schools to bring in more customers Several members raised questions to the programs they offer. Several private about the measure. Sen. Don Betzold Three bills heard school students and parents testified they (DFL-Fridley) questioned whether “intent” The Education Committee, chaired by or their children were denied participation was covered by the language in the bill Sen. Sandra Pappas (DFL-St. Paul), met or charged exorbitant fees by local public and whether or not there was a time Mon., Feb. 11, to discuss a number of schools. Parent Shawn Moynihan said limitation after a conviction in which the proposed bills. The first, S.F. 2737, was “Why should children be denied on the person would be allowed to work in a authored by the chair and requires schools basis that their parents made the choice to facility. to notify parents about the health risks of send them to private school?” An amend- Sen. Gen Olson (R-Minnetrista) and diesel school bus fumes and to take steps to ment was adopted that specifies that Sen. Linda Berglin (DFL-Mpls.) also raised reduce the risks. “The bill doesn’t require private students could only participate at a question of whether the bill should apply major change overnight,” Pappas said, “but public schools if their private school to facilities that offer services to children. it is a modest first step to educate school “[didn’t] provide a comparable extracur- The measure was amended to clarify districts and parents.” Paula Macabee from ricular activity.” that a person who intentionally presents the Sierra Club said her organization has Roger Aronson spoke in opposition to false information is guilty of a crime and to made this issue a priority this year because the bill on behalf of the Minnesota State clarify that the measure applies to facilities diesel fumes are particularly toxic, High School League. He said extracurricu- licensed by the commissioner of human especially for young children. Several lar eligibility is predicated on enrollment services. In addition, the amendment student representatives from St. Paul’s and there is nothing that prohibits private clarifies that an entity that is required to Central and Highland Park High Schools schools from offering extracurricular perform a background check that employs said they had collected over 500 signatures activities. “If passed,” Aronson said, “It will an individual, after hearing from the in favor of the legislation. Brad Lundell equal a subsidy for private schools’ commissioner that the person is disquali- from the Minnesota Association for Pupil extracurricular activities. The bill is about fied by the background check, is guilty of Transportation said his organization wasn’t economics.” Aronson said the participa- a crime. The bill was approved and completely opposed to the bill, but had tion fees students pay are a small portion of advanced to the floor. some concerns. He mentioned the signifi- the actual costs to the schools and the bill S.F. 2445, authored by Sen. Jim cant costs involved with retrofitting older unfairly causes public school students to Vickerman, makes it a misdemeanor for a buses for cleaner emissions. “The school lose spots on teams to private school person to be up on the roof of any public bus is the safest and most regulated vehicle students. Meeks said attendance at a or nonpublic school building unless the on the road today,” Lundell said. private school is a choice and that we all person has permission to be on the roof. Sen. Kenric Scheevel (R-Preston) have to live with the consequences of our The bill was approved and recommended questioned the usefulness of simply choices. He also said there is no way for for placement on the Consent Calendar. notifying parents of the health risks and public schools to monitor the academic Two measures sponsored by Sen. Leo said he was uncomfortable with schools and disciplinary standards of the private Foley (DFL-Coon Rapids) were laid over being used to lobby for the Sierra Club. students participating in solely extracur- for further discussion. S.F. 2533 allows Pappas said parents have a right to know ricular activities. The bills were laid over. counties to charge a correctional fee for about potential health risks to which their Sen. Mady Reiter (R-Shoreview) board, room clothing and medical and children may be exposed. Macabee gave sponsored S.F. 2411, a bill that requires all dental services. Members supported the several examples of how notification public school students to recite the Pledge measure, but said that language was about the issue has mobilized parents. Sen. of Allegiance at least once a week. The needed to ensure some uniformity among David Tomassoni (DFL-Chisholm) said bill allows a student or teacher who counties and that family support needs are that, while he agreed with the spirit of the objects to the Pledge to be excused met before local correctional fees may be bill, he questioned the need to make it without penalty. “This bill is important collected. S.F. 2638 criminalizes the use of into law. Bob Meeks from the Minnesota because it reminds us we are all part of one “runners,” “cappers,” or “steerers.” Under Association of School Boards said private nation,” Reiter said. Reiter was joined in the bill, runners, cappers and steerers are and charter schools shouldn’t be ignored support by veteran Bill Goede and defined as persons who procure clients for and that bill crafters have to be cautious Shoreview elementary school student
7 Committee update Tyler Newcombe. “The pledge helps us every child is compared to an earlier PSEO student are property of the post- remember those who served our country,” version of his or herself, the value added secondary school rather than the school Newcombe said. In opposition was Barb assessment model partitions educational district, Sen. Anthony “Tony” Kinkel Berg, who felt the mandatory Pledge influences from other factors. Value added (DFL-Park Rapids) asked if “materials” requirement was divisive and cheapened assessment holds teachers and administra- included computers. Kinkel questioned if the flag. Arafat Elbarki opposed the bill tors accountable for what they can control, it was appropriate for colleges to gain and said Muslims often express service to he said. “Teachers have no control of computer equipment that comes from their country differently than other students’ ability level before they come to secondary schools’ budgets. After a period Americans. Elbarki said many Muslims class,” Sanders said, “But teachers do of discussion about a change in the math believe you can be a good American control the rate of progress of growth while basic skills test where students will no citizen without saluting a flag. “If our [the students] are in class.” longer be able to use a calculator, the children don’t say [the Pledge], they will Sanders described several patterns he committee decided to move up the be looked down upon as traitors,” Elbarki has seen as a result of his 20 years of work implementation date for the change from said. Veteran Damon Drake, also Muslim, with value added assessment. From his 2008 to 2004. expressed concern for the sensitivity analysis of the data, Sanders determined After extensive discussion regarding a toward, and the safety of, students who that the single greatest factor determining section of the bill that authorizes the choose not to stand. student achievement is teacher effective- commissioner of CFL to amend rules The measure was laid over. ness. Further, he said, the sequence of relating to the Profile of Learning, the teachers has more to do with achievement section was laid over for further discussion. Value-added testing discussed growth in a child than any other factor. A section that deals with clarifying A joint meeting of the Senate Sanders said that value added assessment voluntary mediation rules was set aside as Education Committee, chaired by Sen. should not be the sole means of testing the well. Sandra Pappas (DFL-St. Paul), and the state uses, but should definitely be a A proposal that permits CFL to House K-12 Education Finance Commit- component in the testing arsenal. expand its current system of free and tee, chaired by Rep. Alice Seagren, reduced-price lunch certification by convened Wed., Feb. 13, to hear testimony Policy bill debated matching student records with data from from Dr. William Sanders on value added The Education Committee, chaired by other state agencies was set aside due to testing. Sanders said he was a statistician by Sen. Sandra Pappas (DFL-St. Paul), met concerns from some lawmakers. Another trade, not an educator, and came up with Wed., Feb. 13, to discuss three bills. Sen. alteration was laid aside because several value added testing when he was searching Deanna Wiener (DFL-Eagan) sponsored Senators, most notably Sen. Michele for a new statistical way of looking at S.F. 2827, the Uniform Agent’s Act. Bachmann (R-Stillwater), were concerned student achievement. The value added Wiener said the bill protects college with the definition of “co-curricular” assessment model is based on two premises, student-athletes with professional aspira- student activities. Hermodson explained he said. One, the educational community tions from unscrupulous characters by an additional amendment that seeks to is not responsible for solving all of requiring agents to register with the state. create a task force to address the complex- society’s problems, and two, education is Judge Jack Davies said it is hard to keep ity of the of the K-12 education funding responsible for taking each student at their track of agents from state to state without and governance systems. Pappas said the some registration mechanism. “We aren’t stage of achievement and improving them issue could be discussed in the division, breaking new ground here,” Davies said, from that point, he said. Sanders empha- and laid the amendment aside. Pappas “Just cleaning up a little.” University of sized that the progress a child makes from indicated that discussion on the entire bill Minnesota Director of Compliance Frank the point he enters a class or school is most would continue in the K-12 budget Kara said the school supports the bill. Kara division. important to him. Therefore, he said, the estimated about 10 University of Minne- value added assessment is not about Sen. Martha Robertson (R- sota student-athletes have legitimate Minnetonka) sponsored S.F. 2753, a bill attainment, but rather rates of progress. professional potential, hence would be that modifies consent requirements for Sanders listed three conditions for the contacted by agents. The bill was ap- Medical Assistance (MA) and scales of measurement that are used with proved and re-referred to the Commerce value added assessment. He said the Committee. MinnesotaCare for covered services measurements must be highly correlated to Pappas carried S.F. 2736, the Depart- provided in schools. An amendment that curricular objectives, sufficiently broad to ment of Children, Families and Learning clarifies language and deletes all sections encompass high and low achieving (CFL) K-12 educational policy bill. except one was adopted. The remaining students and maintain an appropriate Portions of the bill were not discussed and proposal implements a fixed-billing reliability level. Students are followed referred to the E-12 budget division. CFL process for special education services individually, he said, and those scores are official Rose Hermodson explained covered by MA. Robertson said a great aggregated across the group of children several changes in definitions and regula- deal of special education money is spent that are being studied. In this system, tions regarding Post-Secondary Enrollment on health-related issues and there is a need according to Sanders, each child serves as Options (PSEO). The changes were for the state to do a better job of obtaining his or her own control, thereby sweeping discussed and adopted by the committee. the significant amount of federal money off the table the socioeconomic factors Regarding a change that specifies that available to help pay for special educa- people are so concerned about. Since textbooks and materials provided to a tion. The bill simplifies the process for
8 Senators Michele Bachmann (R-Stillwater), left, and Warren Limmer (R-Maple Grove) confer on a bill being considered by the Education Committee during a hearing, Wed., Feb. 13. Photo by David J. Oakes districts to seek federal money, she said. the DNR explained several alterations the several smaller buildings that a Lower St. An amendment to add some portions of measure makes to DNR land policies. One Croix community is trying to preserve. the department’s policy bill dealing with section of the bill creates a formula for The measure also amends statutory special education was adopted. The bill figuring out the cost of stream easements boundaries of state parks to allow for was approved and referred to the floor. by making the cost of the land equal to the acquisition or deletion of parcels that no market value of the lot acreage plus an longer fit with park management plans. Environment and Natural additional $5 per linear foot of stream. The bill authorizes the inclusion of four Beeman said the statutory formula is adjacent lots of land into the Crow Wing Resources needed because appraisers have a wide State Park and the removal of small parcels range of ways of calculating how much of land from the Cuyuna Country State Lands bill recommended to pass value a stream adds to property. She said Recreation Area and Big Stone Lake State The Environment and Natural $5 per foot of stream is about equal to the Park. Resources Committee approved the Dept. median of what the DNR has been paying The measure also enables the DNR to of Natural Resources (DNR) lands bill, a for stream easements. sell several small pieces of property no change to the aquatic plant management The second and third sections of the longer desired by the department. The fee, and gross overlimit penalties for game bill clarify the manner in which the state selling of a 1.63 acre lot in Itasca County, and fish violations, when the members treats “substandard structures” versus authorized by the bill, solves a dilemma came together Tues., Feb. 12. “nonconforming uses” within the zoning caused by an inadvertent encroachment by Sen. Don Samuelson (DFL-Brainerd) area of the Lower St. Croix Scenic an adjoining land owner who built part of carried the DNR lands bill, which autho- Riverway. Beeman said the distinctions, his cabin on state land, Beeman said. The rizes the sale and purchases of the which were taken out of law last year, sale of a surplus stip of land in Morrison department’s lands. Michelle Beeman from needed to be made in order to protect County that was used as the access road
9 Committee update into a public access on Stanchfield Lake is an aquatic farm in Church Lake, Grant with $500 to $5,000 restitution values, the also permitted by the bill. DNR ownership County. applicable license can be seized and of the land is no longer necessary because The members turned their attention to revoked for three years after conviction, the DNR has obtained an improved road two measures sponsored by Sen. Jane and boats, motors and trailers can be access nearby, said Beeman. The measure Krentz (DFL-May Township), committee confiscated. Crimes with over $1,000 also authorizes the public selling of an old chair. The first bill, S.F. 2676, removes the restitution values are gross misdemeanors, fish hatchery building in New London, $200 cap on the aquatic plant manage- according to the measure. Krentz said the which has not been used since the 1970s, ment fee. Krentz said aquatic plant main differences between the current bill and a parcel of wildlife management area management programs are essential to and last year’s are that civil and criminal (WMA) land, which is no longer suitable Minnesota’s quality of water, the health of penalties now only apply to crimes for hunting purposes due to development. the state’s lakes, and the well-being of the incurring over $1,000 restitution values Sen. Bob Lessard (IND-Int’l. Falls) waterfowl and fish populations. She said and license revocation periods are shorter said that although the measure requires the currently only $112,000 of the $536,000 in the current bill. The committee sent the DNR to replace the sold WMA with more operational cost for aquatic plant manage- measure to the floor. WMA land, he was concerned that the ment programs are provided from the sale new WMA would not be open to hunters. of permits required to spray or uproot Deposit bill heard Sen. Pat Pariseau (R-Farmington) offered aquatic plants on residential lakeshore. The Environment and Natural an amendment, which the committee She said the present $20 per residence Resources Committee got an overview of a adopted, that requires the DNR to use to permit fee will not be effected by her bill. potential extensive recycling incentive money from the sale of the WMA to “The fee cap,” she said, “is a perverse program and the concerns it raises, when purchase other lands suitable for hunting. incentive for people who destroy aquatic the members met Wed., Feb. 13. Four other bills approving the sale of plants to recruit their neighbors to sign up, The Minnesota Beverage and Soap DNR property were amended into S.F. so that they can split the cost of a permit. Container Recycling Act, authored by 2727. S.F. 2705, authored by Sen. Steve Killing aquatic plants is a controversial Committee Chair Jane Krentz (DFL-May Dille (R-Dassel), permits the sale of a small activity, but I understand the desire to Township), establishes a plastic bottle parcel of tax fortified lands in Meeker have a weed free place to swim. I’m only deposit initiative and refund program, County. Dille also presented S.F. 2511, saying that those who spray should be administered by the Office of Environmen- authored by Sen. Kenric Scheevel (R- those who pay.” tal Assistance (OEA). A new subsection of Preston), which authorizes the sale of DNR S.F. 2627 also requires the DNR to the office, the financial and policy lands in Winona County. study aquatic wildlife management. “I development division, is formed under the Pariseau said the sale was due to an know that the easiest way to make a measure to develop and analyze the inadvertent encroachment by a private problem go away is to mandate a study,” recycling project. The OEA is directed by property owner onto the state lands. S.F. Krentz said, “but there are some real issues the bill to certify recycling centers to 2595, carried by Sen. Dan Stevens (R- that need to be addressed.” Lee process and distribute refunds for bottle Mora) okays the selling of about 3 acres of Pfannmueller from the DNR said, “The deposits. The value of bottle deposits, land in Sherburne County. Sen. Cal Larson principle challenge we have with aquatic according to the bill, are 5 cents for plastic (R-Fergus Falls) authored a measure, S.F. plant management is not with the people containers under 24 ounces and 10 cents 2714, that approves the sale of a 50-foot who have permits, but with the many, the for plastic bottles over 24 ounces. lot in Douglas County. majority, who don’t, but continue to spray “This is a very long, complicated bill A bill, S.F. 2435, to authorize DNR weeds anyway. We need to know who isn’t for a very short and hurried session,” said appropriations was also amended into S.F. using the system and how we can pull them Krentz. However, she said, “Recycling in 2727. Sen. Anthony “Tony” Kinkel (DFL- in.” Minnesota has hit a plateau. The rate has Park Rapids) presented the measure, Another provision in S.F. 2627 been at 48 percent for the past 3 years and authored by Sen. Roger Moe (DFL- requires the DNR to inspect every aquatic I think we can and must do better.” The Erskine), which authorizes the addition of plant management site before issuing a bill was laid over for continued review. 240 acres to the Big Bog Recreation Area. permit. Dille asked if the requirement was Krentz also brought a second recycling Samuelson offered S.F. 2438,which an unfunded mandate that might negate bill, S.F. 2675, to the committee. The the committee amended into the larger any additional revenue the department measure expands to all public entities the DNR lands bill. The measure delineates would get from removing the fee cap. “The current requirement that state agencies, the boundaries of a recreational trail provision only codifies what our existing local units of government and school between Baxter and Aitkin. practice is,” said Prannmueller. Dille districts have containers for recyclable The committee also added a provi- offered an amendment to remove the materials and have collected recyclables sion, regarding the closing of public lakes required inspection from the bill and the given to a processor. “This is an easy baby to anglers, to the bill before finally committee adopted the changes. The bill step toward our recycling goals,” said forwarding the measure to the floor. The was moved to the floor. Krentz. She said the bill encourages amendment, offered by Sen. Charles Berg Krentz’s second bill, S.F. 222, estab- recycling at places such as the Xcel Energy (R-Chokio), allows the DNR to restrict the lishes gross overlimit penalties for game Center, where she had recently attended an taking of fish in any water where a private and fish violations. She said the measure is international sports event and was embar- fish hatchery is operated. Berg said anglers a scaled back version of a bill that did not rassed when asked by international visitors had been depleting the fish brood stock of pass last year. Under the bill, for crimes where to put recyclables. The committee
10 approved the measure and moved it to the flood mitigation projects in Area II of the River restoration and improvement State and Local Government Operations Minnesota River Basin. Vickerman said all project. Committee. the money is matched by federal dollars on S.F. 2455, sponsored by Vickerman, a 25 to 75 ratio. All of the flood related provides $4 million for the development Environment and bonding requests were held over for of the Casey Jones Trail in Murray County. potential inclusion in the division’s Sen. Satveer Chaudhary’s (DFL-Fridley) Agriculture Budget Division bonding bill. bill, S.F. 2153, designates $500,000 to Many of the other bills considered by Mounds View to build park shelter Flood, wasterwater bills considered the division deal with wastewater infra- structures. The final parks bill heard by the Sen. Leonard Price (DFL-Woodbury) structure projects. S.F. 2447 designates $40 division, S.F. 995 presented by Sen. Dan chaired the Environment and Agriculture million in WIF funding to be covered by Stevens (R-Mora), grants the Central Budget Division, when the group met bond proceeds. Vickerman, author of the Minnesota Regional Parks and Trails Thurs., Feb. 7, to hear 19 bills. In the mix bill, said that WIF did not get the $30 Coordinating Board funding to purchase were several bonding measures relating to million it needed last year and is now even the Graves Farms property for conversion flood mitigation, wastewater infrastructure further behind. Nancy Larson, executive into a recreational area. The division laid fund (WIF) projects and trail develop- director of the Coalition of Greater over all the park bonding measures for ment. Minnesota Cities, said that even if the further review. Six of the bills considered by the Legislature spends $30 million each year Stevens also sponsored S.F. 2570, a committee appropriate bonding proceeds for wastewater infrastructure projects, it bill that appropriates $6.1 million to state to flood related projects. Sen. Myron will take a decade to supply all of the purchases of wetland banking, credits, Orfield (DFL-Mpls.) presented a bill that funding requested by cities for wastewater lands and services for the purpose of spends $2.2 million on flood mitigation projects. restoring or creating wetlands to replace for Lake of the Isles. He said the lake has Sen. Chuck Fowler (DFL-Fairmont) those areas drained by the repair and flooded every year since 1977. He also brought forth S.F. 2309, which authorizes maintenance of public roads. Stevens says said Minneapolis’s chain of lakes, of which $1.35 million for a wastewater collection the bill is necessary to fulfill the state’s Lake of the Isles is part, is second only to and treatment plant in the city of statutory obligation to replace wetlands Como Park in the number of visitors it Lewisville. He said the plant is desperately lost due to road repair projects. attracts each year. Vivian Mason, fourth needed to treat sewage that is currently Vickerman sponsored a bill, S.F. district park commissioner, said that the being dumped into the Minnesota River. 2444, that pays for part of a water system project is already underway and should be S.F. 2588, authored by Vickerman, needed in Southwestern Minnesota. The completed this year. appropriates $2.5 million to the develop- $610,000, Vickerman said, will be The city of Granite Falls, which has ment of a centralized wastewater system on matched on a 1 to 8 ratio with federal and experienced two record-high floods in the Lake Shetek. Murray County Commis- local money. He said although the project past 15 years, is granted $6.9 million for sioner William Sauer said that without already received much funding, some of it flood mitigation under S.F. 2478, carried state funding, the county will need to could not be used because the land needed by Sen. Dean Johnson (DFL-Willmar). charge $100 per month to lakeside for the project is located in South Dakota. Granite Falls Mayor Dave Smiglewski said, residents for user fees in order to pay for S.F. 2451, carried by Larson, grants “During the first flood, we said, ‘This ain’t the project. If the project gets funding, he over $1 million to Fergus Falls to upgrade so bad,’ but after the second flood we are said, the fee will only be $40. pollution control equipment at the city’s panicking and now we are saying, ‘Let’s get Sen. Douglas Johnson (DFL-Tower) municipal solid waste combuster. S.F. out of harm’s way.’” presented another bill addressing wastewa- 2437, presented by Sen. Don Samuelson Sen. Deanna Wiener (DFL-Eagan) ter needs along shorelines. His bill, S.F. (DFL-Brainerd), supplies Little Falls with sponsored S.F. 2564, which appropriates 2466, appropriates $11 million for the funding needed for the environmental $1.5 million to the Lebanon Regional design, enhancement and construction of clean-up of an old Hennepin Paper plant. Park in Dakota County. She said that wastewater facilities near Lake Superior. Sen. Dallas Sams (DFL-Staples) brought flooding of the park in 2000 caused more The division set aside each of the wastewa- S.F. 2489 to the committee. The bill than $1 million in damages. A total of ter bills for further discussion and possible spends $14 million to design, acquire, $320,000 is appropriated from the bond inclusion in its bonding bill. construct and equip an agricultural and proceeds fund to the city of Parkers Prairie, The division addressed a handful of food sciences school on land given by the under S.F. 2449, authored by Sen. Cal bills granting bonding funds to parks and Minnesota Agriculture Society. The bill, Larson (R-Fergus Falls), to prevent street recreation areas, including two measures and all measures heard by the division, was flooding. Larson said the money covers the sponsored by Sen. Roger Moe (DFL- held over for potential inclusion in the cost of replacing 11 blocks of storm water Erskine). Sen. LeRoy Stumpf (DFL-Thief omnibus bonding bill. tile, leaking galvanized water services, out- River Falls) brought S.F. 2436, authored of-date fire hydrants and fixing a long- by Moe, before the committee. The bill Bonding proposal discussed standing sanitary sewer problem. Sen. Jim authorizes $1.6 million to the Big Bog The Environment and Agriculture Vickerman (DFL-Tracy) also brought a Recreation Area for construction of a Budget Division, chaired by Sen. Leonard bill before the committee that designates visitors’ center. Moe’s other park measure, Price (DFL-Woodbury), met Fri., Feb. 8, to bonding funds for flood prevention. His S.F. 2538, provides over $1 million to discuss and approve bonding recommen- bill, S.F. 324, authorizes $500,000 to fund Crookston for the completion of the Red dations. Sen. Steve Murphy (DFL-Red
11 Committee update
As part of MADD Minnesota’s Youth in Action rally in the Capitol rotunda, Wed., Feb. 13, plastic cups are stacked in front of a podium to represent how many 12-ounce servings are contained in a keg of beer. MADD members support a bill that requires keg registration as a tool in the fight against underage drinking. Photo by Shelley Hawes Wing) sponsored two bills, S.F 2879 and sioner Nancy Schouweiler said the bill has the lock isn’t in Minnesota, it is critical to S.F. 2878, that pertained to funding for the the support of the farmers in the commu- the state because of the large amount of Goodhue Pioneer Trail and the Great nity. Minnesota taconite shipped through the River Trail Head Project. The requests are Sen. Grace Schwab (R-Albert Lea) channel. Lambert added Minnesota is the for $750,000 and $460,000, respectively. carried S.F. 2521 and S.F. 2523, two last state to commit its share of funds. Price Murphy also carried S.F. 2870, which funding requests for the construction on pointed out that this was a request for appropriates $9.9 million to build a year- the Blazing Star and Shooting Star Trails. money from the general fund, from which round facility at Farmer’s Market in Sen. Jane Krentz (DFL-May Township) there are no funds to appropriate. downtown St. Paul. Farmer’s Market authored S.F. 2477 to request for $1.3 Sen. Dave Kleis (R-St. Cloud) carried representative Jack Gerton said the facility million to protect Brown’s Creek in S.F. 2836, an $8.5 million request for will serve as a one-of-a-kind model and Stillwater. The funds are for the construc- parks and trails in the St. Cloud regional give farmers the ability to develop tion of a storm and sanitary sewer to divert area. None of the projects included in the unconventional products. An architect for sewage from the creek, Krentz said. bill were recommended by the governor, the city of St. Paul, Margot Fehrenbacher, Stillwater Mayor Jay Kimble said the solid Kleis said. Sen. Kenric Scheevel (R- said the city is committed to the project, bedrock around the creek makes construc- Preston) authored S.F. 2527, a $2.5 which will serve the residents of the entire tion difficult and expensive, and added million request for the extension of the state, and pointed out the funding request the purpose of the construction wouldn’t Blufflands Trail system near the Minne- has been reduced from the original be to create more buildable lots in the sota-Iowa border. Scheevel amended the amount. Murphy also carried S.F. 2577, a area. Sen. Cal Larson (R-Fergus Falls) request to $542,000 to cover the initial $5 million proposal to preserve farmland sponsored S.F. 2284, a request seeking engineering and acquisition costs of the and natural areas in Dakota County. “If $6.6 million for the state’s share of the project. The committee recessed until the nothing is done,” Murphy said, “There construction costs of the Poe Lock in afternoon. won’t be any agricultural property left in Saulte Ste. Marie. Dick Lambert from the The division reconvened in the Dakota County.” Dakota County Commis- Department of Transportation said while afternoon, and began discussion regarding
12 the priority of the bonding bills they had The OLA found 15 funding possible emergency if certain conditions occur, heard. Bills were placed in three catego- resolutions to MPCA funding issues and permits the commissioner of health to ries: High Priority, Priority and Not a recommends that the Legislature clarify close or evacuate any facility if the facility Priority. Among the bills receiving the laws that specify which MPCA activities poses a danger to public health and highest priority were S.F. 2583, $38 should be funded by fees. establishes procedures for the safe disposal million for flood hazard mitigation grants, Anna Seha, assistant MPCA commis- of bodies. The bill also establishes control S.F. 2396, $15 million for metropolitan sioner, said the agency finds the OLA of health care supplies and facilities during park rehabilitation and development, $35 report fair, accurate and thorough. Lisa an emergency, authorizes the governor to million for the Department of Natural Thornvig, MPCA assistant commissioner, order restrictions on public assembly in an Resources (DNR) state park initiative, $25 said the governor’s proposed 25 percent emergency, requires individuals to submit million for the Reinvest in Minnesota fee increase will shorten the funding gap, to various medical examinations and (RIM) soil, groundwater and wildlife but not eliminate it completely. She said vaccinations if necessary, describes conservation efforts and $40 million for the MPCA should use its solid waste fund requirements needed for isolation or S.F. 2684, a major water protection bill. to cover other programs funding shortfalls. quarantine and establishes reporting The division agreed to pass on the The fund, she said, currently has a surplus requirements. prioritized list to the Capital Investment because of the success and subsequent Several Senators had concerns with Committee. scaling back of landfill clean-up initia- the bill. Sen. Leo Foley (DFL-Coon tives. Rapids) said the bill has some serious MPCA funding report presented problems with the constitutional rights of The Minnesota Pollution Control Health and Family Security citizens. He said certain clauses authorizing Agency’s funding structure took center the government to direct people to do stage at the Environment and Agriculture Health emergency bill discussed certain things were questionable. Budget Division hearing, chaired by Sen. Members of the Health and Family “I think we do need legislation to deal Leonard Price (DFL-Woodbury) Wed., Security Committee, chaired by Sen. with these problems,” he said. “But what I Feb. 13. Dallas Sams (DFL-Staples) met Mon., Feb. see here is not something I’d recommend Joel Alter from the Office of the 11, to hear a bill establishing a new process passing.” Legislative Auditor (OLA) outlined the for declaring a public health emergency. Sen. Pat Pariseau (R-Farmington) had major obstacles facing the Minnesota S.F. 2669, authored by Sen. John similar issues. “The whole concept of this Pollution Control Agency’s (MPCA) Hottinger (DFL-Mankato), is called the has me more shaky than comfortable,” she funding structure. The first, he said, is the Minnesota Emergency Health Powers Act. said. disproportionate increase in MPCA The bill clarifies the process and outlines Responding, Hottinger said it was staffing costs. The 33 percent rise in the criteria for declaring a public health good to be skeptical of certain sections in staffing expenses over the past 7 years are emergency and provides an enumeration the bill and welcomed suggestions to shape well above the 25 percent state govern- of the powers and duties of the commis- it in order to make it more comfortable. ment averages, he said. sioner of public health in a declared On a different thought, Sen. Sheila However, the most significant funding emergency. According to Jan Malcolm, Kiscaden (R-Rochester) said the bill structure challenges, Alter said, are the commissioner of the Minnesota Depart- addressed only one level of risk and deficiencies in water quality, hazard waste ment of Health, the bill adds needed response. She said there are different levels and air quality fee funds. The water clarity to the process and adds to the of risk and the bill was drafted for only the quality fees, which have not risen in a framework of what already exists. Al- highest level of alert with only the decade, cover less than 60 percent of though the impetus for the bill came with broadest level of authority. staffing costs for permitting, compliance the post-Sept. 11 anthrax mailings, she said Ken Peterson, deputy attorney general, monitoring and enforcement, he said. The the need for the bill is not new. also said there were problems with the bill. hazardous waste fund has experienced “We’ve been for some time in need of He said his office had questions regarding shortages since 1999, the OLA report a conversation in the state with respect to the definition of a qualifying health found. Yet, contrary to law, the MPCA has emergency management,” she said. “We condition that would trigger an emer- not increased its fees, Alter said. Although need a modern framework for managing a gency. The language should be drafted the MPCA recommended eliminating the public health emergency.” more specifically, he said, to include only fees last year because of the cost burden of According to Hottinger, the bill deals agents introduced by terrorists and not collecting them, he said, collection costs with six areas. He said it establishes a clear such things as the ‘flu. He said the bill are only five percent of revenue. line of authority, sets clear boundaries for doesn’t include a clear line of authority The air quality fund, unlike the what that authority is, establishes how that and has several redundancies. Also, he said others, has not experienced severe short- authority is exercised, decides what tools his office had concerns with language that falls, according to the report, because the are need to act, respects the separation of allows private medical records to be fees are linked to inflation. However, powers and appreciates the balance of checked and tests and examinations to be major inadequacies exist in air quality what is essential in an emergency with the ordered even in non-emergency situations. programming, because it ignores mobile rights of the individual. Among other Sen. Becky Lourey (DFL-Kerrick) pollutants such as motor vehicles, which things, the bill defines various terms offered an amendment to more specifically are a primary cause of air pollution, Alter related to public health emergencies, define “qualifying health condition,” said. authorizes the governor to declare an protect health care providers from action
13 Committee update against them during an emergency and can bring. Regarding the effects on Called the Minnesota Fair Healthplan require–instead of allow–health care existing services, he said that St. Joseph’s Contracting Act, the bill requires a health providers to be given preference in a Hospital in St. Paul experienced a 65 plan company to give to the provider a medical supply rationing situation. percent drop in radiation referrals when complete copy of the proposed contract Kiscaden asked why it should be the Maplewood Cancer Center was before signing the contract–including all required that health care providers be recently built. guidelines and treatment parameters–and given preference when rationing medical Dr. Tom Flynn, from USA Oncology, requires the health care company to give supplies. They might not be at the highest testified in opposition to the bill. Flynn the provider 90 days notice before risk in every situation, she said, and the said a radiation oncology center is a amending the contract. The bill prohibits amendment eliminates the ability to judge superior model and better alternative than contracts from containing unilateral terms each situation. Lourey said that in a health the hospital based cancer system. He also regarding termination, indemnification or emergency or bio-terrorist situation health said the bill is excessive in drawing the arbitration, prohibits a health plan care workers would be on the front lines line at ten miles between facilities. company to terminate a contract with a and would need to be given first prefer- “I don’t think that one can arbitrarily provider without good cause and requires ence if rationing was introduced. say that a ten-mile radius is the right a health plan company to give the Hottinger said the amended definition for distance,” he said. provider a written explanation of any “qualifying health condition” was too Dr. Cheryl Baily, who refers patients to proposed recoupment. The bill also tight. Kiscaden moved to split the amend- the Maplewood center, also testified in requires provider consent to participate in ment. The section providing health care opposition to the bill. She said a radiation a new or different health plan, product or providers with protection was adopted, as oncology center provides a better atmo- other arrangement, creates an exemption was the language requiring health care sphere for cancer patients to receive for participating in health plans that workers be given first preference. The treatment than a hospital. Michelle Juen, a provide services to state health care amended definition was withdrawn. registered nurse who has worked at a programs and requires health plan compa- The bill was then approved–with the hospital and now works at the Maplewood nies to inform a provider within 30 days if agreement that the concerns shared would center, also said a radiation oncology a claim is not clean. Finally, the bill be addressed–and re-referred to the center provides a better atmosphere and requires health plan companies who use Judiciary Committee. offers patients all the services they need in data for utilization profiling to make the Sen. Don Samuelson (DFL-Brainerd) one location. information available to the provider at carried S.F. 2486, which states that if any “We provide a wonderful atmosphere least 90 days prior to its release, gives the major spending commitment related to a for all of our patients,” she said. “It’s just a subject of the data an opportunity to radiation therapy facility would result in very nice way of doing business.” provide a written response and calls for the the construction of a new radiation Sen. Dan Stevens (R-Mora) offered an disclosure of payment rates to the public. therapy facility within ten miles of an amendment to provide for a prospective According to Samuelson, the bill, “pro- existing facility, it is subject to prospective review if the major spending commitment tects consumers and the providers.” review and approval by the commissioner results in the construction of a new Dr. Kimberly Harms, with the Minne- of health. According to the bill, under radiation therapy facility within five miles sota Dental Association, testified in prospective review, the commissioner of an existing facility in Hennepin or support of the bill. She said one major determines whether the spending commit- Ramsey County or within ten miles of an problem dentists have with their health ment is appropriate by looking at the existing facility in any other county. care company is that many times they don’t impact on the cost, access and quality of Stevens said that while he doesn’t want to know the specific terms of their contract. health care, as well as the clinical effec- legislate away competition, he understands Many times, she said, a contract is even tiveness and cost effectiveness of the the concerns Samuelson has. However, changed without the dentist knowing or spending commitment and the alternatives Samuelson opposed the amendment, giving their signature. She said Minnesota available to the provider. saying it was not consistent throughout the is losing dentists faster than any state in the Samuelson said he is concerned with state. The amendment was not adopted. country as a result of such bad policies the effects of building a single purpose The bill was approved and re-referred to within the current system. radiation oncology center in close the Judiciary Committee. “Dentists need to know that they’re proximity to an existing facility has on the protected from unfair practices,” she said. duplication of services, cost of services and Provider contracting discussed “Without such protections, I’m afraid we’ll the existing services. Members of the Health and Family develop a shortage of dentists.” “We have a responsibility to make Security Committee, chaired by Sen. David Allen, president of Minnesota sure competition doesn’t damage the Dallas Sams (DFL-Staples), met Wed., Feb Specialty Physicians, also testified in existing health care providers,” he said. 13, to hear a bill that establishes and support of the bill. He said the contracts Dr. Mark Wilkowske, from Park modifies requirements for contracts designed by health plan companies are Nicollet Clinic, testified in support of the between health plan companies and health specific regarding the obligations of the bill. He said he has never seen a situation care providers. physician to abide by what the health plan where access to cancer care was a problem. The bill, S.F. 2532, authored by Sen. directs, but are vague regarding the health He also said he had significant concerns Don Samuelson (DFL-Brainerd), makes plan’s intentions. He also said that many of regarding the duplication of services and major changes in the relationship of health the contracting methods used by the large the increase in costs that specialty centers care companies and health care providers. health plans are unfair to physicians. As an
14 example, he said that one local plan’s bill needed more work, and that she was effort to create uniform tax definitions contract reserves the right to withhold up uncomfortable sending it out of committee among states in order to facilitate the to 25 percent of reimbursement while also without letting the two parties involved collection of sales tax on Internet pur- retaining the authority to determine work out more of a compromise. Sams said chases, had created a tax on bakery items whether any of the reimbursement will be laying over the bill might stop the bill that had not been previously taxed. The returned. Allen also said that contracts from being heard again, since there are same items, he said, are not taxed when often give health plans the right to dictate many other bills left to hear and not much sold in grocery and convenience stores nearly any aspect of clinical operation. As time to hear them. Kiscaden’s motion because of the new definition of prepared an example, he said that one local health failed. Sen. Twyla Ring (DFL-North foods. plan’s contract states that the physician Branch) moved to re-refer the bill to the Lynn Sherman, president of the must follow the health plan’s “...adminis- Commerce Committee without recom- Minnesota Bakers’ Association, said, trative manual, medical policy manual, mending it to pass, also saying the bill “People who shop at my bakery pay 6.5 training manuals or other manuals.” Allen needed some more work. Ring’s motion percent more for their goods, than if they said the bill helps physicians understand was adopted and the bill was re-referred to bought them at the SuperAmerica next what they are agreeing to when signing the Commerce Committee. door, which sells my same bakery items, contracts. Kiscaden carried S.F. 2811, which because then they don’t have to pay the Jeff Bartsh, with HealthPartners, establishes a donated dental services tax.” testified against the bill. He said the bill program. The bill requires the develop- All of the bills before the panel create limits the ability of health care companies ment of a donated dental service program an exemption for bakery items to undo last to negotiate with providers and limits the to provide dental care to public program year’s reforms. Sen. Jane Ranum’s (DFL- ability of health care companies to recipients and the uninsured through Mpls) bill, S.F. 2866, also exempts dried provide services to its members. Contracts, dentists who volunteer their services fruit. Although dried fruit is not taxed, he said, are not negotiated with a “take it without compensation. Under the bill, the Ranum said, when grocery stores add sugar or leave it” attitude, but with the intent of program must establish a network of to the fruit it falls under the definition of providing the highest quality service at the volunteer dentists, establish a system to prepared food and becomes taxable. most affordable price. Bartsh also said he refer eligible individuals to the appropri- Sen. Chuck Fowler (DFL-Fairmont) didn’t think it was in the best interest of ate dentist and develop and implement a brought forth a more extensive bill the state to become involved in a matter public awareness program to educate relating to the streamlined sales tax. His between the health providers and the eligible individuals about the program. measure reverses all of the changes enacted health plans, and that to require full The bill also appropriates $77,150 in the last year under the Streamlined Sales Tax disclosure of rates and costs would be an 2002-03 biennium and $79,000 in the Act. “The bill eliminates the tax discrimi- administrative burden. 2004-05 biennium. The bill was approved nation based on who sells a product,” Blue Cross Blue Shield of Minnesota and re-referred to the Finance Committee. Fowler said. He said items should be taxed representative Phil Stalboeger also Sen. Linda Berglin (DFL-Mpls.) for what they are, not on who is selling testified against the bill. He said the bill carried S.F. 2550, which modifies consent them. According to present law, items that dismantles a provider contracting structure requirements for billing Medical Assis- are made by the seller by mixing more than that was based upon provider demand, tance (MA) and MinnesotaCare for two ingredients are considered prepared increases costs to consumers and represents covered services in schools. The bill was food and taxed under the same category as governmental oversight and interference approved and sent to the Senate floor. meals in restaurants. Therefore, bakery in a private commercial matter. He also items, which are made on the premises, are said Blue Cross announced last summer it Income and Sales Tax taxed, but are not subject to tax when sold would work with providers to “rewrite” by a grocery or convenience store where their contracts in order to deal with some Budget Division they are not made. provider concerns. Michael Scandrett, Betzold asked Fowler if the same with the Minnesota Council of Health ‘Bread tax’ solutions sought changes could be made by extending the Plans, also said the bill interferes with the The Income and Sales Tax Budget effective date of the current Streamlined ability of health care companies to keep Division pursued a resolution to the so- Sales Tax Act. Fowler said they could and costs down. He said a section requiring called “bread tax,” when the division that might be a simpler solution. health care companies to report within 30 gathered Tues., Feb. 12. Seven bills were Jenny Engh, assistant commissioner of days if a claim is not clean violates federal offered that create an exemption for the Dept. of Revenue, said that department law, which requires companies not to tell bakery items and change the sales tax agreed that some parts of the Streamlined providers if fraud is being investigated. definition of prepared foods. Because the Sales Tax Act had unintended conse- However, he did say he understood some bills were all extremely similar, differing quences. However, she said, the depart- of the rationale behind the concerns only in their effective dates, Division ment strongly advised remaining a part of addressed in the bill. Chair Don Betzold (DFL-Fridley) said, the the streamlined sales tax project. She said Sams moved to approve the bill and division should have only a single that the overall goal of the project is very re-refer it to the Commerce Committee. discussion addressing all bills. important and might result in a great However, Sen. Sheila Kiscaden (R- Betzold said the division members increase in state revenues from Internet Rochester) moved instead to lay the bill were already aware that the Streamlined sales. “Believe me,” she said, “streamlining over for further discussion. She said the Sales Tax Act, adopted last year as an is going to bring up some hard issues.” She
15 Committee update said states are trying to define items, such promised that she would find a way to fill the Housing Finance Agency. Thus, a as computer software and digital informa- the hole left by the lost revenue. “I’ve $1,000 contribution to affordable hous- tion technologies, which had never been found a way to fill the gap,” she said. “ It’s ing–made either in cash or in kind– defined in statute. the $1.2 billion in the tobacco settlement generates a $500 tax credit. The bill “The taxing of bakery items has never fund.” Betzold said the tobacco fund had requires a minimum contribution of been completely logical,” said Engh. She limits and if everyone spent it for their pet $1,000 to be eligible, but does allow said items sold individually used to be projects there would be little left for its communities to aggregate their contribu- taxed, but if a person bought a dozen intended purpose. He said the measure tions. Jim Scheibel, Project for Pride in donuts and put them all in the same bag, might have had a chance during last Living, said the tax credit will create a they were not taxed. The only definition, session’s tax reforms, but was too expensive public-private partnership that will serve she said, centered around whether the to consider during the present belt- as the catalyst to drive increased contribu- items were to be consumed on the premises tightening session. The committee laid tions. Stephan Scidel, Twin Cities Habitat or taken home to be eaten. over the measure, S.F. 2452, for further for Humanity, said the production of All of the bills relating to the stream- thought. housing is not just good for the occupants lined sales tax were laid over for further of the housing, but benefits the whole state discussion. Proposals heard through higher income tax receipts, sales The panel also considered creating an Members of the Income and Sales Tax taxes collected on building materials and income tax credit for persons who donate Budget Division, chaired by Sen. Don an increase in the property tax base. The land for conservation purposes. The credit Betzold (DFL-Fridley), heard five propos- bill, he said, is not just compassionate, but is equal to half of the fair market value of als to change state tax laws. All of the bills fiscally smart. the property or half of the tax assessed heard were laid over for later action. Sen. Chuck Fowler (DFL-Fairmont) value. Cheryl Appeldorn from the Nature Sen. Yvonne Prettner Solon (DFL- carried a bill creating a check-off on both Conservancy of Minnesota said the option Duluth) carried S.F. 2808, a bill exempt- the income and property tax returns. The to have the credit be based on the tax ing the city of Duluth from using the check-off, which must be at least $1, will assessed value of the property allowed Department of Revenue to collect sales contribute to memorial funds for peace donators to forgo the expense of hiring an taxes until Dec. 31, 2005. A representative officers, firefighters and ambulance appraiser in exchange for the usually lower of Duluth said the city has been adminis- personnel, under the bill. Representatives estimate of a tax assessor. The Department tering the sales tax since the tax’s incep- of all memorial funds and organizations for of Revenue estimates that the revenue loss tion 30 years ago. He said transferring all three professions testified in favor of in FY 03 would be $2.8 million and in FY the bill and discussed efforts their groups those functions to the Department of 04 and FY 05 would be $3.5 million. undertake to aid the survivors of persons Revenue will cost the city money and “Tax incentives do make a difference killed in the line of duty. Assistant create a delay in receiving the city portion to people considering donating land,” said Commissioner of Revenue Jenny Engh said of sales tax proceeds. He also said that it is Appeldorn. She said that North Carolina, that current paper forms present a limita- clear the streamlined sales tax program, which offers a tax break to land donors, tion on how many lines and items can be sees a jump in donations every time they which requires all states to consolidate available on tax forms. If several addi- raise the credit. She also said the benefac- their sales tax administration into one tional check-offs are added, she said, the tors of the tax credit will not be only department, is not progressing as quickly as department may have to increase form wealthy people with plenty of land to originally planned. length by one page or more. However, she spare. She said 87 percent of the prospec- S.F. 2837, authored by Sen. Ann Rest said, as tax filing becomes increasingly tive donors she was aware of were of “very (DFL-New Hope), establishes an income electronic, additional items are less costly. modest means.” The tax credit she said tax credit based on the federal child credit. A fully electronic system, Engh said, might enables middle and lower income people Rest said the credit is an expensive item, mean the sky is the limit on items. John to give the state land needed to protect costing the state upwards of $50 million Haugen, Dept. of Revenue, said other habitat and preserve wilderness. The per fiscal year, but is necessary to reflect states that have added check-offs have conservation credit bill, S.F. 2876 the state’s commitment to concentrate on seen the receipts of previously available authored by Sen. Keith Langseth (DFL- the needs of families to provide for check-off accounts drop when accounts Glyndon), was set aside for later consider- children. The amount of the credit, under are added. He added that Minnesota’s ation. the bill, is $60 per child and includes experience has been that non-game The final bill brought before the phased increases to $100 by 2010. The bill wildlife check-off receipts have steadily division exempts local units of govern- also provides for a phase-out of the credit declined. ments from paying sales taxes. The measure according to the same income thresholds A bill allowing all quarterly or annual would result in $103.85 million of lost tax established under the federal credit. sales tax filers for sales taxes to submit a revenue, according to Department of In an attempt to leverage funds for paper return was also heard. Sen. Dean Revenue calculations. Sen. Mady Reiter affordable housing, Sen. Ellen Anderson Johnson (DFL-Willmar) said the bill, S.F. (R-Shoreview), author of the measure, (DFL-St. Paul) carried S.F. 2958. The bill 2544, is necessary because many filers in said, “Right now every construction establishes an income tax credit for Greater Minnesota lack Internet access. material, piece of paper and staple used by contributions to qualified affordable The other option for electronic filing, via our cities is taxed and that tax is passed on housing. The credit, under the bill, is an automated phone system, can result in to our constituents.” She said that she had equal to half the contribution certified by waits of an hour or more to file, he said.
16 Engh said the department has moved to Partnership, said that the bill was unneces- Sabo said that, due to workers’ electronic filing to save costs and time. sary because nurses’ unions already compensation laws, the state already has She said filers do have a third option– prohibit mandatory overtime in their mechanisms in place for determining if an talking with a department representative contracts. Anderson said that less than a injury is work related. She said that the on the telephone to file. The bill requires third of contracts prohibit mandatory federal government is not likely to pass the department to create forms and print a overtime. ergonomics standards any time soon. The form for every filer, regardless of business Feinwachs also said that as the bill was committee okayed the bill and advanced size, she said. Such action will mean drafted, it is a crime to keep nurses for it to the floor. increased administrative costs for the extra shifts in the event of a school bus department, Engh said. overturning when a hospital was flooded Minimum wage boost okayed by children needing medical attention. The state’s lowest paid workers will Jobs, Housing and “The bill has a safety valve for hospitals,” receive a $1 per hour raise if the minimum Anderson said. The bill contains a wage bill approved by the Jobs, Housing Community Development provision that allows hospitals to force and Community Development Committee nurses to stay an extra shift if replacement Restrictions on nurses’ overtime Wed., Feb. 13, becomes law. staff are not available due to an unusual The bill, sponsored by Committee approved circumstance or emergency, she said. Chair Sen. Ellen Anderson (DFL- St. Paul), Fri., Feb. 8, after a lengthy discussion Anderson also said that the bill does increases the minimum wage incrementally on mandatory nurses’ overtime and not let nurses off the hook to attend social from $5.15 per hour for large employers to patients’ safety, the Jobs, Housing and events or care for their children. In these $6.15 by July 2002 and $7.00 by January Community Development Committee situations, they are still required to work 2003. For small employers, the wage goes endorsed a bill that prohibits disciplinary mandatory overtime, she said, because the to $5.90 an hour by July 2003 and $6.75 action to be taken against a nurse who bill only prohibits nurses from working per hour by January 2003. Unlike previous refuses to work a second consecutive shift overtime if they cannot safely do so. minimum wage bills, the measure ties the if doing so would cause impaired judge- Sen. David Johnson (DFL- lowest hourly earnings to the consumer ment and jeopardize patient safety. Bloomington) offered an amendment, price index (CPI) so the rate will keep Sen. Ellen Anderson (DFL-St. Paul), which the committee adopted, that allows pace with inflation, Anderson said. author of the measure and committee nurses to sue for civil damages if forced to “Minimum wage in Minnesota,” she chair, said nurses are doubly bound by work mandatory overtime, if in their said, “is at a 40-year low in terms of buying their licences; regulations require nurses to judgement, it jeopardizes patient safety. power.” If the minimum wage had been commit to a code of ethics that demand The bill was then approved and forwarded indexed to inflation at its inception, she them not to do anything in impaired to the floor for final passage. said, the current rate would be close to $8 judgement, but they also can lose their The committee continued a discus- per hour. “If we increase the wage to $7, a licences for abandoning patients, even at sion of S.F. 2514, which requires the Dept. family of four with two wage earners will the end of a shift. “Mandatory overtime is of Labor and Industry to formulate still be under the federal poverty level,” unfair to Minnesota’s patients,” said ergonomics standards for workplaces in she said. At the current minimum wage, Anderson. “We want patients to know they order to prevent musculoskeletal disorders she said, the same two wage earners would are receiving the best possible care. We (MSDs), such as carpal tunnel syndrom. have to work two full time jobs each just don’t want to know that the nurse tending Sen. Julie Sabo (DFL-Mpls.) offered an to meet their most basic needs. to our loved ones has been working 20 amendment that changes the due date for Kris Jacobs, representing the Minne- hours and is at the end of a second the department’s recommendations from sota Jobs Now Coalition, said the two mandatory shift.” Jan. 30, 2003 to June 30, 2004. She said greatest fears people have about raising the Anderson also said that the bill, by more time was needed for the department minimum wage are increasing inflation improving the working conditions of to do satisfactory research and analysis on and losing jobs. However, she said, during nurses, will help bring more people into the issue. the last increase neither of the two things the health care industry. “We’ve heard a Committee members heard testimony happened. lot about nursing shortages, but forcing from business lobbyists on the measure. Sen. Martha Robertson (R- nurses to work extra hours only drives Chamber of Commerce representative Minnetonka) asked if the lack of negative nurses out of the profession,” she said. Tom Hesse said the organization’s members effects was because of economic growth Several nurses testified about the were against an ergonomics standard and if there were greater risks raising the inability to care for patients properly because they believe that a national wage during the current recession. Jacobs during long hours with inadequate rest. uniform standard should be set by the said that the minimum wage raise in the “Imagine inserting IVs, calculating dosages, Occupational Safety and Health Adminis- early 90s coincided with a recession, but sorting out EKG cords, and the many other tration. He also said that scientists were not did not cause joblessness or inflation. tasks that require care and concentration unanimously in agreement about the “Economists agree that the best way to for 16 hours on 4 hours of sleep. This bill,” causes of musculoskeletal disorders and come out of a recession,” said Anderson, said Keri DeMeyer, a nurse from Duluth, there exist many non-workplace related “is to stimulate consumer demand. “will save lives.” causes for MSDs. Hesse said that it would Minimum wage workers spend every David Feinwachs, representing the be difficult to determine whether MSDs penny they earn and put it back into the Minnesota Hospital and Health Care were the result of workplace injuries. economy.”
17 Committee update Anderson also said 63,000 workers, or bill received the committee’s endorsement were no statements in the bill regarding about 2.3 percent of the state’s workforce, and moved to the floor. qualifications needed to obtain informa- now earn minimum wage. She said the tion and agreed the language was too lowest wage workers are not a teenagers Judiciary broad. Responding, Betzold said the from a middle class background, but adult Department of Public Safety currently has women, who make up 75 percent of Information disclosure discussed the authority to release drivers license minimum wage earners. Members of the Judiciary Subcommit- information and would have authority Tom Hesse, lobbyist for the Chamber tee on Data Practices, chaired by Sen. Don over motor vehicle information as well. of Commerce, said the organization Betzold (DFL-Fridley), met Thurs., Feb. 7, Kummer said the Pioneer Press signs a opposed the rate increase. “The market is to discuss a bill regarding motor vehicle request form from the department every working and has been increasing wages registration data. year in order to obtain drivers license across the board,” he said. Low wage jobs The bill, S.F. 2448, carried by information, and will not receive it if they are important stepping stones to higher Betzold, amends current law by requiring are not approved. paying positions, he said. the Department of Public Safety to Sen. Myron Orfield (DFL-Mpls.) Sen. Roy Terwilliger (R-Edina) disclose personal information made offered to amend the bill by stating the offered an amendment that requires large available through the state’s motor vehicle department “may” disclose the information employers to pay tipped employees $5.15 instead of “shall” disclose it. The amend- records when the use of the information is an hour and small employers to pay $4.90 ment was approved. The bill was also related to the operation of a motor vehicle an hour if the employee makes up the approved–with the agreement that the or public safety. The bill is identical in difference between that rate and the language be made more specific–and language to current law that allows such minimum wage in earnings from tips. “A referred to the Judiciary Committee. information to be released when made tipped employee will always make at least Sen. Charles Wiger (DFL-North St. available through the state’s drivers license the minimum wage,” said Terwilliger. The Paul) offered a bill that enacts the Na- records. amendment specifies that if a tipped tional Crime Prevention and Privacy Mark Anfinson, from the Minnesota employee does not make more than Compact, which was originally approved Newspapers Association, testified in minimum wage, the employer must pay the by the federal government in 1998. The support of the bill. He said that current law difference. The amendment failed on a 5-7 bill, S.F. 1030, has already been ratified by restricting access to motor vehicle records vote. 14 states and is intended to facilitate the blocks the media from having access to The committee voted 7-5 in approval exchange of criminal history records for important information. Jeffrey Kummer, of the bill and forwarded the measure to noncriminal justice purposes between the from the St. Paul Pioneer Press, said the the full Senate. states and the federal government. The bill information acquired through motor Members okayed a second bill, must be passed by all 50 states for ratifica- vehicle records would enable the media to authored by Sen. James Metzen (DFL- tion. According to Wiger, the bill allows investigate stories more thoroughly. As an South St. Paul), that requires the prevail- the states to effectively exchange informa- example, he pointed to a story the newspa- ing wage to be paid to all construction tion–such as fingerprints–in a prompt and per published several years ago regarding a employees building electric energy plants timely fashion. It was approved and man who received 21 drunk driving or other energy facilities that have referred to the Judiciary Committee. convictions in 18 years. The man had received special tax treatment. “Not a Sen. Sheila Kiscaden (R-Rochester) different cars for every offense, so the single energy company has come to me and carried a bill regarding foster care disclo- said, ‘This is a horrible idea,” Metzen said. editors wanted to know where he was sure of communicable diseases. The bill, The tax incentives save companies buying the cars, but because of the S.F. 2614, requires public and private millions of dollars, he said, and the restrictions on motor vehicle data, he said, entities that place a child or adult with a additional cost of a prevailing wage is tiny the information was never retrieved. known communicable disease with a compared to the savings. A memo was circulated from Brian licensed foster care provider to disclose to Hesse said that the Chamber of Lamb, director of the driver and vehicle the license holder the individual’s disease. Commerce opposed the bill. He said the services division of the department, that It also requires the entities to determine if measure is unnecessary because in all but stated the department neither actively the provider has the knowledge and skills one of the recent energy construction supported or opposed the bill. However, it necessary to provide care to the indi- projects, prevailing wages were paid. He also contained his opinion that the bill vidual. also said the Minnesota Supreme Court “continues to draw the line between Department of Human Services ruled in the mid-1990s that for a project to permissible use of personal data and the representative Ann Ahlstrom said the bill fall under the prevailing wage law, a intent of the Federal Data Privacy Protec- provides “needed clarity.” She also said the project must be specifically designated by tion Act.” Several Senators also had bill provides for the safety of the child and law and that the cost incentive to the concerns with the bill. Sen. Warren of the caretaker. The bill was approved company must be paid up-front before Limmer (R-Maple Grove) said the and sent to the Judiciary Committee. construction begins. Sen. Myron Orfield language of the bill seemed vague and Betzold also carried S.F. 2758, which (DFL- Mpls.) said that, under the bill, the broad, and as a result, information could makes technical changes to tax data state would specify certain projects by be obtained by anyone and used for classification and disclosure provisions. giving them tax credits and the credits are purposes other than what is intended. Sen. The bill was also approved and referred to an up-front benefit to the company. The Myron Orfield (DFL-Mpls.) said there the Judiciary Committee.
18 Assisted reproduction bill heard per year in the state, but there are no laws questions about specific sections of the A bill outlining a judicial framework regarding the practice,” Higgins said. measure. Sen. Warren Limmer (R-Maple for collaborative reproduction agreements Amy Hill–of Resolve of Minnesota, Grove) said that a section providing for sparked considerable debate at the Tues., Inc.–spoke in support of the measure and mental and physical evaluations was not Feb. 12, Judiciary Committee hearing. S.F. said the bill is designed to allow all parties clear enough in detailing the standards 2526, authored by Sen. Linda Higgins to examine potential outcomes. Greta used. Sen. Jane Ranum (DFL-Mpls.) asked (DFL-Mpls.), establishes the enforceability Gauthier also spoke in support of the bill if there were guidelines for establishing of collaborative reproduction agreements, and said the measure codifies current “reasonable compensation” as specified in requires judicial pre-approval prior to any practices, streamlines the process and the bill. Members laid the bill over in conception, requires a biological link to at provides protection to all parties involved order to have time to draft amendments to least one intended parent and requires in collaborative reproduction agreements. address the various questions raised. informed consent of all parties involved in Steven Snyder, co-chair of the The panel did advance four addi- a collaborative reproduction agreement. Uniform Parentage Task Force, said the tional bills. S.F. 2542, authored by Sen. Higgins said the bill began as part of bill is aimed at supporting infertile couples Linda Scheid (DFL-Brooklyn Park), the Uniform Parentage Act that was heard, in building families. “Currently, it is an modifies a number of provisions relating to but not acted upon, last session. A task uncertain legal situation, but the bill business corporations and limited liability force was formed to explore the issue and would insure appropriate education and companies. The measure provides legal to assemble a bill addressing assisted the best outcome for children,” Snyder recognition of electronic records and reproduction agreements, she said. “One said. signatures, regulates meetings held by out of six couples in Minnesota is infertile. Committee members, chaired by Sen. means of remote communications, There are about 50 surrogate pregnancies John Marty (DFL-Roseville), raised several regulates the use of names by successor
Students gathered in the Capitol rotunda Wed., Feb. 13, to voice their concerns regarding higher education funding. Photo by David J. Oakes
19 Committee update corporations and regulates investment he said, and mediation was a widely respite care for a family member to take company authority to issue shares. Mem- accepted method of resolving contested care of a disabled family member in a bers adopted an amendment making disputes. However, administrative costs home setting. Dakota County official parallel changes in the laws relating to have skyrocketed for participants in Karen Conrad said clients report greater nonprofit corporations. The bill was contested hearings because of the switch satisfaction and flexibility with the client- approved and sent to the Senate floor. from a hearing panel to the use of adminis- directed option. A motion to approve the Two bills sponsored by Sen. Sheila trative law judges (ALJ), he added. proposal and refer it to the floor was Kiscaden (R-Rochester) were also ap- Barkley said the Legislature needs to approved. proved. S.F. 2614 requires the disclosure establish a clear policy regarding the Sen. Cal Larson (R-Fergus Falls) of an individual’s communicable disease relationship between cities and townships. carried S.F. 2589, a bill that establishes the to a foster care provider. The bill was sent Townships dislike the ALJ system more Lakes Area Economic Development to the Senate floor. S.F. 2622 provides for than the cities because they are required to Authority in the Alexandria area. An the establishment of a volunteer health pay the higher administrative costs in amendment comprised primarily of care provider program and specifies that addition to the expense of preparing their stylistic and technical changes was health care providers who volunteer case, he said. The added costs, in some adopted. Larson said Alexandria has services are state employees for purposes of cases, discourages townships and property experienced a population expansion and tort claims. The bill was re-referred to the owners from pursuing a hearing, Barkley needs to do some long-range planning and State and Local Government Operations said. Vickerman asked if the Legislature shoreline development. Jason Murray, Committee. should stick with the program. Barkley executive director for the Alexandria Area The committee also approved a bill, replied there was no harm in continuing Economic Development Commission said S.F. 368, authored by Sen. Michelle the program for another two years to assess the bill is the next step to help manage the Fischbach (R-Paynesville), that extends its performance further. Kent Sulem, from growth of the lakes area. A motion to immunity from liability for owners of land the Minnesota Association of Townships, approve the bill and refer it to the Tax used for recreational trail use to owners of said townships would like to see policy Committee was adopted. adjoining land. The measure was sent to issues addressed in addition to a summary Sen. Ann Rest (DFL-New Hope) the full Senate. of agency activity. sponsored S.F. 2568, which removes a Vickerman carried S.F. 1471, a bill five-year limitation applicable only to State and Local Government that conforms the statutes to reflect the Hennepin County regarding parking ramp transfer of authority from the Municipal construction. Rest said the bill allows Board to the Office of Strategic and Long- Operations Hennepin County more flexibility in Range Planning. Sen. LeRoy Stumpf (DFL- parking ramp lease negotiations and the Minnesota Planning discussed Thief River Falls) offered an amendment ability to improve and build more ramps. The State and Local Governments to exempt the planning office from any Operations Committee, chaired by Sen. requirement to adopt boundary adjustment Hennepin County official Gerald Jim Vickerman (DFL-Tracy), met briefly rules until after May 2004. The amend- Weiszhaar said the immediate purpose of Thurs., Feb. 7, to discuss two bills and hear ment was adopted. Barkley said the the bill is to allow the county to address a presentation from Minnesota Planning. exemption amendment allowed the the medical center ramp in downtown Sen. Douglas Johnson (DFL-Tower) agency flexibility during the transition, Minneapolis, which was built in the sponsored S.F. 2464, a bill that reinstates otherwise they would have to go through 1980s. He said the ramp has an extensive Cook County Hospital’s operating ability the formal rule-making process to make waiting list and must be enlarged, and that was inadvertently removed by any changes. Vickerman’s motion to have possibly other ramps may need to be built. previous legislation. The bill also raises S.F. 1471 placed on the Consent Calendar The bill was approved and referred to the the hospital’s levy authority by tying the was adopted. floor. district’s taxing authority to the Consumer Sen. Jane Ranum (DFL-Mpls.) Price Index. The motion to recommend Various bills debated authored S.F. 2838, a bill that adds the proposal to the Tax Committee was Sen. Jim Vickerman (DFL-Tracy), language to the Open Meeting Law adopted. chair of the State and Local Government allowing government bodies to close Dean Barkley, director of Minnesota Operations Committee, convened a meetings while discussing security issues. Planning, presented a report that described meeting Tues., Feb. 12, to discuss several An amendment was adopted that clarifies the effects of the statutory transfer of the bills. Sen. Deanna Wiener (DFL-Eagan) the danger to public safety under which Municipal Board into Minnesota Plan- said she knew of no opposition to S.F. meetings can be closed. Mark Afinson ning. Barkley said that of 691 municipal 2578, a bill that allows counties to from the Minnesota Newspaper Associa- boundary adjustments between June 1, implement a client-directed support tion said the bill was too broad because it 1999 and June 30, 2001, only 22 were program that authorizes responsible parties could allow meetings to be closed for contested, and of those, 12 were settled of county clients to expend public funds reasons that have nothing to do with before a formal hearing. Only four for the benefit of the clients’ human terrorist threats. Sen. Myron Orfield (DFL- contested hearings were held during that services and public health needs without Mpls.) said he supported the concept of period, he said. Statistically, there was no complying with certain procedural securing public safety, but wanted to change in the number of contested requirements. Client-directed support ensure the language in the bill was hearings after the Municipal Board sunset, programs, Wiener said, generally relate to constitutional and the “danger to public
20 safety” threshold was operable. Sen. Dan rating. The bill was approved and re- with Disabilities Act, and $6 million for Stevens (R-Mora) inquired if speaking referred to the Tax Committee. the Colin Powell Youth Center. about financial matters in a closed meeting The committee revisited S.F. 2838, The panel also set medium and low would automatically be a violation of the and adopted an amendment that further priority items. The list of projects to be Open Meeting Law. After a period of clarified when a danger to public safety funded by bond proceeds was forwarded to discussion on Stevens’ question, justifies closing a meeting. Stevens offered the Capital Investment Committee for Vickerman suggested that the bill be laid an amendment that allows members in a inclusion with other items in the develop- over until later in the meeting after closed meeting to receive financial reports ment of the Senate’s bonding proposal. involved parties could discuss the issue without violating the Open Meetings Law. further. The amendment was adopted. The bill was Digital TV grant approved Sen. Warren Limmer (R-Maple approved and re-referred to the Judiciary The State Government, Economic Grove) sponsored S.F. 2680, which Committee. Development and Judiciary Budget eliminates language in the building code Division, chaired by Sen. Richard Cohen that requires mechanical ventilation State Government, (DFL-St. Paul), met briefly Mon., Feb. 11. systems in residential buildings. An The only agenda item was S.F. 107, amendment was adopted that clarified the Economic Development and authored by Sen. Keith Langseth (DFL- language of the original bill. Limmer said the Judiciary Budget Glyndon), a $7.8 million appropriation the intent of the bill isn’t to change the from the general fund for grants to non- building code, but to switch the authority Division commercial television stations to assist from the statutes to the proper rulemaking with the conversion to a digital broadcast authority charged with enforcing the Bonding priorities set signal. The grants were approved by the codes. Vickerman offered an additional Members of the State Government, Legislature last year, but in a Jan. 15 memo amendment that defines membership on a Economic Development and the Judiciary from Gov. Jesse Ventura’s Chief of Staff, construction codes advisory panel. His Budget Division met Sat., Feb. 9, to Steven Bosacker, to Department of amendment was amended to specify that a consider the division’s priorities for their Administration Commissioner David homeowner who is part of a residential portion of the capital investment bill. The Fisher, the governor canceled the appro- advocacy organization be part of the panel, chaired by Sen. Richard Cohen priation. The legislation will restore the advisory panel. A motion to approve the (DFL-St. Paul), determined that the funding, Langseth said. An amendment bill and refer it to the floor was adopted. highest priority items were $19.5 million that updated language and mandated Sen. John Hottinger (DFL-Mankato) for publicly owned transitional housing stations to broadcast five hours of public sponsored S.F. 2572, a bill that allows the loans and $20 million for senior assisted service programming per week was Region Nine Development Commission to housing grants. Other high priority items approved. After very brief discussion, the incorporate. The purpose of the proposed were $35 million for the new Guthrie motion to refer the amended bill to the legislation, Hottinger said, is to reduce the Theatre, $10 million for transitional full Finance Committee was adopted. commission’s reliance on taxes and housing, $20 million for the Livable increase the impact of private and founda- Communities Act and redevelopment, $30 tion funding to sustain needed rural million for the Minneapolis Planetarium, Taxes development programs. The bill was $7 million for the new Roy Wilkins approved and sent to the floor. Sen. Linda Auditorium, $9 million for a Dakota Omnibus budget bill discussed Higgins (DFL-Mpls.) sponsored S.F. 2670, County housing enhancement program, $1 Members of the Tax Committee, which would allow the city of Minneapo- million for the Bloomington Center for the chaired by Sen. Lawrence Pogemiller lis to enter into a joint venture asphalt Arts, $3.175 million for Spirit Mountain (DFL-Mpls.), met Thurs., Feb. 7, to discuss plant with a private company. City in Duluth, $12 million for the Children’s the omnibus budget balancing bill, S.F. Attorney John Higgins said the city would Theater Company, $225,000 for the 2898, which cuts a total of approximately experience asphalt costs savings of up to revitalization of the city of Tracy, $5 $1.953 billion from the budget over the 50 percent. City Councilmember Sandra million for Neighborhood House in St. 2002-03 biennium. Colvin Roy said the city supports the bill Paul, $22.5 million for expansion of the Discussion on the bill, authored by because the city needs a stable, inexpen- St. Cloud Civic Center and $84.589 Sen. Douglas Johnson (DFL-Tower), was sive supply of asphalt. Sen. Becky Lourey million for new state buildings. brief, and mostly limited to three amend- (DFL-Kerrick) sponsored S.F. 2590, a bill Senators also developed a list of ments that were offered. The first amend- that changes the position of Carlton medium-high priority items. The medium- ment, offered by Johnson, put the language County recorder from elected to ap- high priority items were $75 million for of the bill into H.F. 351. The amendment pointed. Lourey amended the bill to Greater Minnesota development, $17 was adopted. Another amendment, offered include the Pine County recorder as well. million for statewide asset preservation by Sen. Don Betzold (DFL-Fridley), A motion to approve and refer the bill to and repair, $4.6 million for the Capitol eliminates the Wisconsin reciprocity tax the floor was adopted. Sen. Sandra Pappas Area Architectural and Planning Board, agreement. Current law states that when- (DFL-St. Paul) said S.F. 2551 extends the $2.5 million for the Dept. of Military ever the Wisconsin tax on Minnesota city of St. Paul’s bonding authority for Affairs for asset preservation and kitchen residents exceeds that of the Minnesota tax another five years. St. Paul official Peter repair, $847,000 for the Dept. of Military on Wisconsin residents–and vice versa–the Ames said the city has a “Triple A” bond Affairs for compliance with the Americans state with the net revenue gain must pay
21 Committee update the other state the amount of the gain. The series of legislative findings. Among the “Nothing’s happening on the Range. amendment also establishes an early findings are that Minnesota has a near-term Give us something we can stay there for,” retirement incentive program in the need for 1,000 megawatts of new electric he said. “We think this project is good. We Minnesota Department of Revenue. The baseload capacity and a developing need need a project like this to keep our proposal gives employees of the depart- for 1,000 watts more, there is a need for workers up there.” ment incentive to retire at the age of 55 by new plants in Minnesota, new plants will Several people testified in opposition providing those who retire early with stimulate economic development and to the bill. Minnesota Department of continued health insurance coverage. The there is a need to reduce reliance on older Commerce Commissioner Jim Bernstein amendment also eliminates current law plants. Second, the bill directs the Public said he was concerned that the bill simply giving the State Auditor’s Office oversight Utilities Commission (PUC) to amend the bypasses the current system. He said that of local governments’ use of tax increment selection criteria for the bidding process to the bill favors Excelsior Energy and puts financing (TIF). take into account the state’s policy goals, the state’s “energy eggs” all in one basket. Sen. Kenric Scheevel (R-Preston) permit qualified energy projects that use Bernstein also said that the concept of the voiced concerns with the early retirement fossil fuel technology and provide big plant is a relic of the past and that clause. He asked if the incentive would economic development in a state tax relief many states are now building smaller cause too many people to retire at once area to submit bids that will be evaluated projects. and cause the department to lose “institu- with other bids received in the bidding David Morris, vice-president for the tional knowledge.” Department of process and approve a power of purchase Minneapolis-based Institute for Local Self- Revenue Commissioner Matt Smith said agreement with the successful project. The Reliance and consultant to the energy he had concerns as well, since many commission is also directed that any departments of several presidents, echoed people in the department would qualify agreement with an energy project must Bernstein’s sentiments. He said building a for the retirement program. However, he provide for 1,000 megawatts of baseload 1,000 megawatt plant that has the capacity said he recognized why the incentive was generation with the potential for 1,000 for 1,000 more megawatts would consti- being established. more megawatts to be added. Third, the tute the largest single electric plant in Bill Connors, from the State Auditor’s bill requires that the first 100 megawatts of Minnesota and require an entirely new Office, asked why oversight of local a qualified energy project be exempt from transmission infrastructure from Northern further findings of need, proposals for governments’ use of tax increment Minnesota to Southern Minnesota. He also projects be processed with the highest financing was eliminated. He said enforce- said that the bill, as written, favors priority and eligibility rules for the ment from the auditor’s office has led to Excelsior. alternative site process be amended to approximately $3.2 million being returned “It is written so as to allow for only include facilities that are fueled by to local governments in Minnesota due to synthetic gas. one technology and one company to various violations. However, the amend- “This legislation will give Minnesota qualify,” he said. “It is inconceivable to me ment was adopted. a much needed shot in the arm,” said that any other company could qualify.” Sen. LeRoy Stumpf (DFL-Thief-River Tomassoni. Paula Maccabee, from the Sierra Falls) offered an amendment that makes Julie Bjorgensen, of Excelsior Energy, Club, said that contrary to previous additional cuts to the Department of said the bill encourages energy projects to testimony, Minnesota was not in an energy Children, Families and Learning and be built. She said the bill allows more crisis. She said she was also concerned that restores funding for the Perpich Center for projects to be considered, increasing the the bill throws away the entire process of the Arts. The amendment was adopted and chance that something will get built. Also, application and allows a project to bypass the bill was approved and sent to the she said more energy projects must be built the certificate of need process, designed to Senate floor. because, while total transmission system protect consumers from unneeded power usage has increased in Minnesota over the plants; environmental review, designed to Telecommunications, Energy years, there has not been an increase in the gauge the environmental impact of a capacity of the transmissions system. As a project; and the competitive bidding and Utilities result, she said, power curtailments in the process, designed to award the bid to the region–which occur when there is a risk of best proposal. The current system, she said, Iron Range power plant discussed a power outage–have gone up consider- should be kept. Members of the Telecommunications, ably. Bjorgensen also reported that the bill “What we’re saying is the process we Energy and Utilities Committee, chaired creates jobs, provides a secure electric have is working,” she said. “We believe the by Sen. James Metzen (DFL-South St. energy future, benefits consumers, is good process is not broken.” The bill was laid Paul), met Thurs., Feb. 7, to discuss S.F. for the environment and diversifies the over for further testimony. 2672. The bill contains a proposal by state’s energy portfolio. Sen. Jim Vickerman (DFL-Tracy) proponents of a project to build coal fired Stan Daniels, from United Steelwork- carried S.F. 2421, a bill that promotes the baseload generating plants on Minnesota’s ers, testified in support of the bill because use of biodiesel as a fuel for generating Iron Range. it creates jobs in Northern Minnesota. He electricity. Vickerman offered an amend- The bill, carried by Sen. David said in the mid-1980s there were 15,000 ment to the bill–which was adopted–that Tomassoni (DFL-Chisholm), is also called employed in mining but now that number dealt with concerns members had from the the Minnesota Economic, Environmental is down to approximately 4,600. An previous meeting. As amended, the bill and Energy Security Act of 2002, and energy project, he said, will help the defines biodiesel fuel–which is derived includes three sections. First, the bill has a Northern communities to survive. from plant oils and animal fats–and
22 defines a qualified biodiesel generation Tomassoni offered an amendment Bill Grant, of the Izaak Walton facility as an electric power generation that, among other things, changes the bill League, also said there were many positive facility that uses a fuel blend of 85 percent to allow sponsors of a proposal currently in things about the bill, applauding its biodiesel fuel. The bill also provides the competitive bidding process to change commitment to renewable energy and to monetary incentives to owners of qualified their proposal to take the amended criteria job creation. However, he noted some biodiesel generating facilities. of the bill into account, clarify and make issues with the bill as well, saying it was Sen. Edward Oliver (R-Deephaven) more specific the changes in the bidding difficult to see the need for a plant of asked why utilities would buy biodiesel process criteria, allow the Public Utilities 1,000 megawatts and that he was con- fuel since it is so much more expensive Commission to balance the criteria of a cerned with the changes to the competi- than regular fuel. Responding, Sen. Steve proposal in any manner that will best serve tive bidding process. Burl Haar, from the Kelley (DFL-Hopkins) said that the the public interest and direct the commis- Public Utilities Commission, said there is a current state of affairs may not last forever. sion to approve, modify or disapprove the need for more baseload power, but added He said today’s reasonable rates for power purchase agreement within 90 days that he was also concerned with changing petroleum may go up and the biodiesel of submission. Tomassoni said he hoped the normal administrative process, rates may go down. The bill provides the amendment dealt with many of the especially since the changes seemed to incentives to produce an alternative fuel, concerns that were expressed at the favor one company. Karen Studders, with especially if current rates change, he said. previous meeting. the Minnesota Pollution Control Agency, The bill was approved and re-referred to “We’re trying to change this bill to the said she also did not favor doing away with the Finance Committee. point that people feel more comfortable the current bidding process and questioned with it,” he said. using a fairly new electricity generation Several members, however, said they technology in such a large manner. She Iron Range power plant bill heard still had problems with the bill. Sen. Steve Members of the Telecommunications, was pleased that the technology proposed Kelley (DFL-Hopkins) said the bill still is cleaner than a strictly coal powered Energy and Utilities Committee, chaired calls for a generation facility of 1,000 by Sen. James Metzen (DFL-So. St. Paul), plant, but that it wasn’t as clean as natural megawatts, and asked why it was necessary gas. Finally, she also said the waste issue met Tues., Feb. 12, to continue discussing to build such a large facility instead of needed to be better addressed, especially S.F. 2672, a bill containing a proposal to starting small and working up to 1,000 since the proposed project is close to the build coal fired base-load generating megawatts. Sen. Ellen Anderson (DFL-St. Boundary Waters and other parks. plants on Minnesota’s Iron Range. Paul) said the bill still throws out the Tomassoni said the current competi- The bill, carried by Sen. David current regulatory process and throws out tive bidding process does not work and Tomassoni (DFL-Chisholm), includes legislation from 2001 that calls for that very few plants had actually been three sections. First, the bill has a series of distributed energy. She also questioned the built so far. The bill was laid over for legislative findings. Among the findings Legislature’s involvement in a regulatory continued discussion. are that Minnesota has a near-term need process rather than utilizing current for 1,000 megawatts of new electric regulatory agencies. baseload capacity and a developing need Tomassoni said he is convinced that a Transportation and Public for 1,000 watts more, there is a need for large generation facility is necessary to Safety Budget Division new plants in Minnesota, new plants will meet Minnesota’s energy needs. He said if stimulate economic development and a plant similar to the one the bill is calling Transportation bonding discussion there is a need to reduce reliance on older for is not built, consumers will pay more for energy in the ensuing years due to a Chair Dean Johnson (DFL-Willmar) plants. Second, the bill amends the convened the Transportation and Public selection criteria for the competitive lack of energy and that it will be too late if the Legislature waits several years to act. Safety Budget Division Thurs., Feb. 7, to bidding process to include the state’s “We’re going to be sorry that we didn’t discuss numerous transportation bonding policy goals, the project’s contribution in do something this year,” he said. “I think proposals. Sen. Jim Vickerman (DFL- reducing mercury emissions, the use of new that one baseload plant is not that much Tracy) sponsored S.F. 2526, a bill that electric generation that utilizes an innova- for this state to be considering right now.” provides $200,000 for the restoration of tive technology to reduce negative Many individuals testified regarding Fort Belmont, the only civilian fort in environmental impacts, the opportunities the bill. Dick Anfang, from the Minnesota Minnesota. The money for the Jackson for job creation, the project’s contribution State Building and Construction Trades County tourist site is to build a log to reducing long-term reliance on natural Council, said that Minnesota needs museum that would serve as the entryway gas for base-load power generation and the additional power and small plants to the fort, he said. Jackson Country project’s utilization of technology that is shouldn’t be the only answer to this need. representatives were on hand to support available for federal energy tax credits. He said the bill calls for the use of the the bill. Sen. Dennis Frederickson (R-New The bill also directs that any agreement latest and best technology, respects the Ulm) carried S.F. 2668, a request for $12 with an energy project must provide for environment and provides numerous jobs. million for the Rail Service Improvement 1,000 megawatts of base-load generation “Our members are running out of project. Frederickson said the funds are to with the potential for 1,000 more mega- work. In fact, our Iron Range workers are rehabilitate and upgrade local rail lines watts to be added. Third, the bill requires running out of work right now,” he said. and guarantee loans to regional carriers. that proposals for projects be processed “It’s a good project, it’s clean and it’s Minnesota Department of Transportation with the highest priority. necessary.” official Al Vogel said that the request was
23 Committee update
Christine Cummings, right, a member of the Leech Lake Band of Ojibwe, displays handcrafted birch bark items in the great hall of the Capitol Mon., Feb. 11, as part of an informational display on behalf of the Midwest Alliance of Sovereign Tribes. Photo by Shelley Hawes not included in the governor’s recommen- was recently sold to the county for $1 from of the proposal, but Sen. Claire Robling dations, but there are $17 million worth of a private seller. Sen. Mee Moua (DFL-St. (R-Prior Lake) questioned why an exclu- pending local rail improvement projects in Paul) carried S.F. 2848, an $8 million sive busway was necessary when the the state. Frederickson also sponsored S.F. request for the Phalen Corridor Initiative. current system of buses seems to be 2515, a $140 million request to fix county Moua said the project will create jobs and popular. Natalio Diaz of Metro Transit highways in 23 counties across the state. revitalize the neighborhood. Curt Milburn, said a busway would increase transit use Mike Wagner, a Nicollet County engineer, initiative executive director, said the because it will provide a higher level of was on hand to testify to the rapid deterio- money is to purchase the right-of-way for service at higher speeds and fewer stops. ration of the county roads in his area. Phalen Boulevard so the road can be Chaudhary also carried S.F. 2653, a Wagner said the funding has been inad- completed. Sen. Julie Sabo (DFL-Mpls.) $10 million proposal for preliminary equate. sponsored S.F. 2783, a $10 million request engineering on the Minnesota section of a Sen. Satveer Chaudhary (DFL- for the Central Corridor Transitway, a proposed high speed rail link between St. Fridley) sponsored S.F. 2399, a $150,000 proposed light rail or busway link between Paul and Chicago. The Midwest Regional bonding request to restore a railroad depot the downtowns of Minneapolis and St. Rail system would allow travelers to reach and caboose at the New Brighton History Paul. The money is for preliminary Chicago in 3 hours. Sen. Sandra Pappas Center. Chaudhary said the bonding environmental and engineering planning. (DFL-St. Paul) carried S.F. 2784, a $3.5 request is appropriate because the depot Several city representatives spoke in favor million proposal to purchase the lobby of
24 the Union Depot in downtown St. Paul. Robling said she would rather see $10 Among the other coalition members Pappas said the depot is envisioned as an million for county highway bonding, who testified in support of the bill was Eastern Metro transit center, including which was not on the list of recommenda- Tom Anzelc from the Laborer’s Union. He serving as the terminus for the high speed tions, than for the Northwest Busway. The said he supported the bill because it is the rail link to Chicago. Sen. Deanna Wiener division accepted a motion to add a $10 first time laborers, chambers of commerce, (DFL-Eagan) sponsored S.F. 2576, a bill million recommendation for county and transit leaders have been on the same that seeks $20 million for a busway from highway bonding without decreasing page, so it was an unique opportunity to the Mall of America down Cedar Avenue funding for the busway. achieve transportation goals. J. Parker from to serve the residents of Dakota County. The division accepted the motion to the Taylor Corporation said he was behind Chaudhary returned to carry S.F. 2698, a advance the amended list of recommenda- the bill because it increases the vitality of $8 million proposal for bus improvements tions to the Capital Investment Commit- the market by facilitating faster transit, and and park-and-ride lot construction for the tee. increases the vitality of communities due Rush Line Corridor, which runs from to the companies and jobs that stay in the Hinckley to St. Paul along Interstate 35 Funding bill debated state. Jim Erkel from the Minnesota Center and Highway 61. Sen. William Belanger The Transportation and Public Safety for Environmental Advocacy said the bill (R-Bloomington) sponsored S.F. 2495 Budget Division, chaired by Sen. Dean makes economic and environmental sense. which is an $18.6 million bonding request Johnson (DFL-Willmar), met Wed., Feb. Department of Transportation for road improvements along Highway 13 13, to hear testimony regarding Johnson’s Commissioner Elwyn Tinklenberg said to improve access to 5 private ports in major transportation funding bill, S.F. that even though the governor doesn’t Savage, Winona and Glencoe. The ports 2888. Johnson said the bill contains a endorse the bill, the proposed details are major inland grain hubs, Belanger said. constitutional amendment that allows the match the governor’s transportation goals Sen. Debbie Johnson (R-Ham Lake) issuance of general obligation bonds for because they include long-term, statewide carried S.F. 1255, a $75 million request for trunk highway purposes and dedicates 75 and multi-modal characteristics. As a result improvements along Trunk Highway 65 percent of the proceeds from the motor of the bill, Minnesotans will get a better, between Cambridge and Interstate 694. A vehicle sales tax in 2004 and 100 percent more direct return on their transportation lane will be added in each direction and a in 2005 to a motor vehicle sales tax fund. spending because the funding will remain dangerous intersection fixed, she said. The proceeds of the fund would be in state, and lose less buying power Debbie Johnson also sponsored S.F. 2529, distributed 32 percent to the highway user because projects won’t be delayed or a $300,000 request to build a park-and- fund, 24.75 percent to the trunk highway deferred, he said. “People say you can’t ride lot in Bethel. Sen. Steve Kelley (DFL- fund, 23.75 percent for transit operating build your way out of congestion,” he said, Hopkins) sponsored S.F. 2470, a proposal assistance and 19.5 percent for transit “But this bill will make a difference on seeking $491,000 to build a pedestrian operating and capital assistance, according congestion.” However, Tinklenberg said, to Johnson. bridge over Highway 7 in St. Louis Park. the bill had to be considered in the The bill raises the gas tax 2 cents to 22 Dean Johnson distributed a worksheet context of the current budget constraints, cents per gallon in 2003, Johnson said, and that proposed the prioritized recommenda- and the significant proposed debt service up to 23.5 cents per gallon in 2004. The tions of the division to the Capital bill also appropriates $100 million per and quickly escalating construction costs Investment Committee. The sheet listed a year in general obligation bonds, of which were cause for concern as well. recommended total of $121 million, of $62.5 million is for transit capital costs, Analyst Amy Vennewitz briefly which $19 million is dedicated to non- and the other $37.5 million for local explained several transportation finance transportation requests, primarily the bridges, right of way acquisition and other options that the committee could consider Historical Society for asset preservation allowable highway expenses, he said. In related to the proposed bill. Vennewitz and the Amateur Sports Commission to addition, $150 million per year in trunk said every one cent increase in the gas tax upgrade the Sports Center. The major highway bonds are included in the bill, he will raise approximately $32 million per transportation projects to receive funding said. year for highway uses. She also described are $40 million for local bridge repair, $6 Johnson indicated the funding details the impact of gas tax indexing, where the million for rail service improvement, and in the bill were influenced by a proposal tax is dependent on the Consumer Price $4 million for port development assis- created by the Minnesota Transportation Index. At the current level of inflation, tance. The proposal also recommends the Coalition, an alliance of numerous indexing would result in a .3 cent gas tax full $10 million funding for the Snelling transportation companies and associations, increase, or an additional $9.6 million in Bus Garage, and $10 million “place- construction companies, labor groups, and revenue, she said. Regarding trunk holder” funding for two major transit chambers of commerce throughout the highway bonding, Vennewitz said a $100 requests, the Northstar Rail Corridor and state. Carolyn Jones from the Minnesota bond authorization would require debt the Northwest Busway. Chaudhary moved Chamber of Commerce spoke on behalf of service payments of $8 million for the first to add $150,000 to the list of non- the coalition and said the organization year, $12 million in year two, and $10 transportation recommendations for the wholeheartedly supports the bill. Jones million for the years beyond. Increasing or New Brighton History Center because he said the bill addresses the need for long- removing the current cap on the motor said the recommendations were completed term solutions and emphasized the positive vehicle registration tax could increase before the site was officially eligible for impact the bill will have on the car- revenue from $40 million up to $97 bonding. The motion was accepted. dependent Minnesota tourism industry. million per year.
25 Committee update Floor action a section in the bill that allows the you were so confident (in the plan) I don’t appropriation from the snowmobile trails think you would put that language in Budget balancing bill debated and enforcement account in the natural there.” Members of the Senate debated the resource fund for grants to local law Sen. Deanna Wiener (DFL-Eagan) omnibus budget balancing bill during the enforcement agencies for snowmobile said she also had problems with the floor session Mon., Feb. 11. The bill, H.F. enforcement activities to be used for the amendment. She said it was false to state 351, carried by Sen. Douglas Johnson enforcement of snowmobile laws. The that Day’s plan wouldn’t cause any pain (DFL-Tower), reduces funding to various amendment was also adopted. and that it would especially hurt schools programs within the state’s general fund, Sen. Dick Day (R-Owatonna) offered within the Minnesota State Colleges and cancels balances in general fund accounts an amendment to the bill that essentially University (MNSCU) system if they can’t and transfers balances from other funds to consisted of a completely different plan to hire replacements when professors retire. the general fund to deal with the nearly $2 reduce the deficit. In order to cut the same “I think this will be more problem- billion budget shortfall. amount of money as Johnson’s bill, the atic,” he said, “particularly on the higher The bill calls for permanent spending amendment instead transfers $500 million education side.” reductions of $200 million in the various from the tobacco use prevention and local Defending Day’s amendment, Sen. state agencies. The cuts include $75 public health endowment fund to the Dave Kleis (R-St. Cloud) said the first million to the budgets in the areas of state’s general fund and orders a hiring thing a business does in an economic health, human services and corrections, freeze for all state positions. Day said the downturn is stop hiring people. Sen. $50 million to the higher education hiring freeze saves the state the remaining Kenric Scheevel (R-Preston) said, for budget, $25 million to the state govern- needed money and is the most painless way example, one less individual in a state ment operations budget, $15 million to to solve the current budget deficit. He also office or on a construction site wouldn’t be the E-12 education budget, $15 million to said his plan includes no tax cuts and that difficult for the state to handle. the Department of Revenue, and $10 leaves all existing programs in place. “To simply not fill to the full comple- million each to the areas of transportation “We’re approaching how to solve the ment is not terribly burdensome,” he said. and public safety and environment. budget deficit the wrong way. We’re trying “I think it’s very doable.” Additionally, the bill eliminates the to lay a lot of hurt on seniors, kids and Sen. Roger Moe (DFL-Erskine) said current budget reserve of $329 million, the people with disabilities because I feel the statistics offered by Day regarding state cash flow account of $350 million, the tax we’re afraid to cut the number of bureau- employees need to be taken in perspective. relief account of $158 million and the crats,” he said. “I hope you will see that For example, he said in 1960 technical local government aid reform account of there is a better way.” schools and community colleges were part $14 million, and transfers to the general According to Day, too many people of the local school districts and not part of fund $95 million from the assigned risk are being employed by state government. the state system. According to the Minne- plan and $282 million from the workers He said between the years 1960 and 1996 sota Department of Labor Relations, he compensations special fund. The bill also the population of the state increased by 35 said, there are approximately 27,000 saves $15 million by canceling the percent, but the number of state employees employees in the MNSCU system, 28 remaining St. Paul busway funds, $119 increased by 280 percent. percent of which are classified as “essen- million by delaying the sales tax accelera- “Why is it that state government keeps tial.” This is why, he said, there appears to tion buyback, $13 million through a one growing and growing and growing? This is be so many more state employees now. time state government change, $129 our way to get a handle on that,” he said. “What would you conclude would million by repealing tax increment grants Day also said the state employs contribute to the increase in the number of and $30 million by repealing the income approximately 53,000 individuals and last state employees?” he said. tax reciprocity agreement with Wisconsin. year alone replaced 5,000 jobs. His plan Moe said a hiring freeze takes away a Paying $8 million for debt service for the doesn’t call for reducing expenses by firing manager’s ability to manage an office and bonding bill and $18 million for the anyone, he said, but simply by not hiring is not good policy. Sen. Twyla Ring (DFL- dislocated worker fund transfer brings the for a job when it opens. North Branch) said the state doesn’t have total eliminated by the bill to $1.953 “People should be bold and put in a as many employees as suggested by Day. billion. Johnson said the bill doesn’t please hiring freeze. You can do it the way where She said that while the state ranks 21st in everyone but helps fix the current budget nobody gets hurt,” he said. “I can tell you the country in terms of population, it ranks deficit. He also said the bill deals only that this is basically what people want us only 36th in terms of number of state with the 2002-03 biennium and the 2004- to do.” employees. 05 biennium will be addressed later. Sen. Steve Kelley (DFL-Hopkins) “The way we’re suggesting makes more “We think it’s not a perfect bill, but asked why the bill included language sense,” said Moe. it’s step one,” he said. allowing lay-offs in all state departments if Day’s amendment failed by a vote of Sen. LeRoy Stumpf (DFL-Thief River the hiring freeze didn’t meet expectations. 39 to 26. The bill passed by a vote of 35 to Falls) offered an amendment that adds an He said if Day was certain his plan worked, 31. early retirement incentive program to that clause would not be included. Kelley There was also a motion to bring from employees in the department of Children, asked who would be fired, and at what cost the table the bill that would serve as a Families and Learning. The amendment to Minnesota. vehicle for “conceal and carry” legislation. was adopted. Also, Sen. Dan Stevens (R- “How many state patrol get laid off? However, that motion failed by a vote of Mora) offered an amendment that deletes What happens at the U of M?” he said. “If 33 to 33.
26 LTV pension resolution passed The Senate met for a brief floor session Thurs., Feb. 14. Members granted final passage to a resolution, S.F. 3207, urging the Pension Benefit Guaranty Corporation to delay the termination of the LTV steel mining pension plan. According to chief sponsor, Sen. David Tomassoni (DFL-Chisholm), LTV workers had been told their pension fund was fully funded, but last week the Pension Benefit Guaranty Corporation announced plans to terminate the LTV pension fund. Tomassoni said the resolution was needed to alert members of Congress and allow time to negotiate in order to get the pensions back to 100 percent funding. The measure was granted final approval on a 64-0 vote. In other action, members also granted final passage to two bills on the Consent Calendar. Bills on the Consent Calendar are considered noncontroversial and are placed there upon recommendation of the standing committee that heard the bill. S.F. 1471, authored by Sen. Jim Vickerman (DFL-Tracy), conforms the statutes to reflect the transfer of authority from the Municipal Board to the Office of Strategic and Long-Range Planning. S.F. 2655, carried by Sen. Don Samuelson (DFL-Brainerd), extends the authority of the Board of Physical Therapy to adopt rules on licensee ethics. A screen shot of the Cass Gilbert designed oval staircase on the northeast corner of the Capitol from “A Building for All...” Tour the Capitol on CD-ROM Senate Media Services has announced Brilliant digital photography captures The Legislature’s page (http:// the release of a CD-ROM tour of the the artistic beauty of the building and the www.leg.mn) includes links to other Capitol, called “A Building for All...” professional voice-over provides back- government agencies and departments, as Go to the Rotunda, the Governor’s ground information and historical perspec- well as copies of Minnesota Statutes, Reception Room, the Senate Chamber, the tive on the paintings, architecture, Session Laws, and Administrative Rules. House of Representatives Chamber, the sculpture, and interior design that make up The page also allows one to track legisla- Supreme Court Chamber, and the Minnesota’s State Capitol building. tion and get general information about the Quadriga at your own pace and in any “A Building for All...” can be pur- legislative process. The site includes a order you like. Travel behind the scenes to chased for $5 per CD (both PC and Mac district finder service for those who need quarters that are not normally opened to versions on one disc) or borrowed at no to contact their House member or Senator. the public like the House and Senate cost by contacting Senate Media Services Information about joint legislative Retiring Rooms, the Supreme Court at (651) 296-0264. departments, the various legislative Justices’ Consultation Room, or the commissions, and task forces is available at Governor’s Private Office. Senate on the World Wide Web http://www.commissions.leg.state.mn.us. A special section called “Other Neat The Senate Web site (http:// Places” takes you to more obscure areas The Minnesota Legislature’s Web site that you may not see on an in-person visit has been updated. A joint effort of the www.senate.mn) has information about to the building like the inner dome, the Senate, House of Representatives, Legisla- members, committees and Senate staff. The underground tunnel system, or the newly tive Reference Library, Legislative page also has daily and weekly schedules restored “Rathskeller” cafeteria. When you Commissions, and the Office of the for the Senate, as well as copies of the have finished your multi-media tour, test Revisor of Statutes, the site offers easier Journal and Senate Briefly. The status of yourself on what you have learned by access to a variety of legislative and legislation and confirmation of executive taking the short quiz. government information. appointments is also available.
27 Committee roster
Agriculture, General Legislation and Veterans Affairs Committee Environment and Natural Resources Committee Chair: Murphy Vice Chair: Ring Chair: Krentz Vice Chair: Tomassoni Office: 306 Capitol Phone: (651) 296-7405 Office: 111 Capitol Phone: (651) 296-1113 Meets: Weds., Fri., 9 a.m. - 12 noon, 107 Capitol Meets: Tues., Thurs., 9 a.m. - 12 noon, 107 Capitol Members: 12 Members: 18 Berg Fischbach Lourey Vickerman Anderson Higgins Olson Ring Dille Johnson, D.E. Sams Berg Kinkel Pariseau Stevens Fowler Lesewski Scheevel Dille Knutson Pogemiller Stumpf Frederickson Lessard Price Vickerman Capital Investment Committee Chair: Langseth Vice Chair: Wiger Office: 122 Capitol Phone: (651) 296-9612 Finance Committee Meets: Tues., Thurs., 1 - 3:45 p.m., 123 Capitol Chair: Johnson, Douglas Vice Chair: Johnson, D.H. Members: 13 Office: 205 Capitol Phone: (651) 296-8881 Bachmann Dille Kiscaden Samuelson Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m., 123 Capitol Berglin Johnson, DouglasLarson Wiener Members: 37 Cohen Kierlin Price Anderson Higgins Metzen Sabo Berg Johnson, D.E. Neuville Sams Commerce Committee Berglin Kiscaden Ourada Solon, Y.P. Chair: Vice Chair: Scheid Chaudhary Kleis Pariseau Stevens Office: 303 Capitol Phone: (651) 296-5776 Cohen Knutson Price Terwilliger Meets: Weds., Fri., 9 a.m. - 12 noon, 112 Capitol Day Krentz Ranum Vickerman Members: 13 Dille Langseth Ring Wiener Belanger Larson Metzen Reiter Foley Larson Robertson Wiger Hottinger Lessard Oliver Samuelson Frederickson Lourey Robling Kierlin Marty Pappas Wiener Crime Prevention Committee Chair: Ranum Vice Chair: Foley Office: 120 Capitol Phone: (651) 296-4842 Environment and Agriculture Budget Division Meets: Weds., Fri., 9 a.m. - 12 noon, 15 Capitol Chair: Price Members: 12 Office: 235 Capitol Phone: (651) 296-4167 Berglin Kleis Moua Schwab Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. 125 Capitol Betzold Krentz Olson Members: 10 Chaudhary Limmer Neuville Berg Higgins Pariseau Dille Johnson, DouglasRing Education Committee Frederickson Krentz Wiger Chair: Pappas Vice Chair: Lourey Office: 120 Capitol Phone: (651) 296-1802 Health, Human Services and Corrections Budget Division Meets: Mon., Weds., 1 - 3:45 p.m., 123 Capitol Chair: Berglin Members: 36 Office: 309 Capitol Phone: (651) 296-4151 Bachmann Knutson Pogemiller Scheid Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 123 Capitol Chaudhary Krentz Price Schwab Members: 8 Cohen Langseth Ranum Solon, Y.P. Kiscaden Ranum Wiener Fowler Larson Rest Stumpf Lourey Sams Johnson, Debbie Lesewski Robertson Terwilliger Neuville Stevens Kelley, S.P. Limmer Robling Tomassoni Kierlin Moua Sabo Wiener Kinkel Murphy Scheevel Wiger State Government, Economic Development and the Kleis Olson Judiciary Budget Division E-12 Education Budget Division Chair: Cohen Chair: Stumpf Vice Chair: Rest Office: 317 Capitol Phone: (651) 296-5308 Office: G-24 Capitol Phone: (651) 296-8660 Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. 107 Capitol Meets: Mon., Weds., 1 - 3: 45 p.m. Room 112 Capitol Members: 10 Members: 19 Anderson Knutson Robertson Bachmann Langseth Pappas Scheevel Johnson, D.H. Larson Solon, Y.P. Chaudhary Lourey Ranum Schwab Kleis Metzen Vickerman Johnson, Debbie Moua Robertson Tomassoni Krentz Olson Sabo Wiger Knutson Transportation and Public Safety Budget Division Chair: Johnson, D.E. Higher Education Budget Division Office: 124 Capitol Phone: (651) 296-1738 Chair: Wiener Vice Chair: Kinkel Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 112 Capitol Office: 303 Capitol Phone: (651) 297-8073 Members: 9 Meets: Mon., Weds., 1 - 3:45 p.m. Room 107 Capitol Chaudhary Foley Ourada Sabo Members: 17 Day Langseth Robling Terwilliger Cohen Kleis Murphy Scheid Fowler Larson Pogemiller Solon, Y.P. Kelley, S.P. Lesewski Price Terwilliger Kierlin Limmer Robling
28 Health and Family Security Committee Tax Committee Chair: Sams Vice Chair: Higgins Chair: Pogemiller Vice Chair: Fowler Office: 328 Capitol Phone: (651) 296-1323 Office: 235 Capitol Phone: (651) 296-7809 Meets: Mon., Weds., 1 - 3:45 p.m., 15 Capitol Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m., 15 Capitol Members: 11 Members: 30 Berglin Hottinger Pariseau Bachmann Kierlin Moua Rest Fischbach Kiscaden Ring Belanger Kinkel Murphy Samuelson Foley Lourey Stevens Betzold Lesewski Oliver Scheevel Fischbach Lessard Olson Scheid Hottinger Limmer Orfield Schwab Johnson, Debbie Marty Pappas Stumpf Kelley, S.P. Moe, R.D. Reiter Tomassoni Jobs, Housing and Community Development Committee Chair: Anderson Vice Chair: Sabo Office: 120 Capitol Phone: (651) 296-1767 Meets: Weds., Fri., 9 a.m. - 12 noon, 123 Capitol Income and Sales Tax Budget Division Members: 15 Chair: Betzold Bachmann Johnson, Debbie Moe, R.D. Solon, Y.P. Office: G-9 Capitol Phone: (651) 296-4147 Frederickson Johnson, Douglas Orfield Terwilliger Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 318 Capitol Higgins Knutson Robertson Wiger Members: 13 Johnson, D.H. Fowler Kinkel Marty Reiter Fischbach Lessard Murphy Schwab Kierlin Limmer Orfield Tomassoni
Judiciary Committee Property Tax Budget Division Chair: Marty Vice Chair: Foley Chair: Samuelson Office: 325 Capitol Phone: (651) 296-5712 Office: 120 Capitol Phone: (651) 296-4875 Meets: Tues., Thurs., 9 a.m. - 12 noon, 15 Capitol Meets: Mon., Tues., Weds., Thurs., 4 - 7 p.m. Room 15 Capitol Members: 10 Members: 17 Betzold Fischbach Limmer Orfield Bachmann Kelley, S.P. Oliver Rest Cohen Kiscaden Neuville Ranum Belanger Lesewski Olson Scheevel Hottinger Moe, R.D. Pappas Scheid Johnson, Debbie Moua Pogemiller Stumpf
Rules and Administration Committee Chair: Moe, R.D. Vice Chair: Hottinger Office: 208 Capitol Phone: 296-2577 Meets: On call (Mon., 8 a.m. - 12 noon; Fri., 1 - 3:45 p.m.), 107 Cap. Telecommunications, Energy and Utilities Committee Members: 23 Chair: Metzen Vice Chair: Kelley, S.P. Belanger Johnson, D.E. Olson Samuelson Office: 322 Capitol Phone: (651) 296-4175 Berg Johnson, DouglasPappas Stumpf Meets: Tues., Thurs., 1 - 3:45 p.m., 15 Capitol Berglin Langseth Pariseau Vickerman Members: 15 Cohen Larson Pogemiller Anderson Lesewski Oliver Sams Day Marty Price Frederickson Lessard Ourada Scheevel Frederickson Metzen Ranum Johnson, D.H. Marty Pariseau Tomassoni Kinkel
State and Local Government Operations Committee Chair: Vickerman Vice Chair: Orfield Transportation Committee Office: 226 Capitol Phone: (651) 296-4150 Chair: Vice Chair: Chaudhary Meets: Tues., Thurs., 1 - 3:45 p.m., 107 Capitol Office: 323 Capitol Phone: (651) 296-5285 Members: 13 Meets: Tues., Thurs., 9 a.m. - 12 noon, 112 Capitol Betzold Pogemiller Robertson Stevens Members: 18 Belanger Langseth Ourada Sabo Day Reiter Robling Stumpf Day Metzen Pappas Samuelson Fowler Rest Solon, Y.P. Johnson, D.H. Moua Reiter Schwab Johnson, D.E. Murphy Robling Terwilliger Johnson, Debbie
29 Preview Monday, February 18 Board of Regents. S.F. 2573-Berg: Allow- vehicles shorter sale period application ing independent school district 801, expansion. S.F. 2541-Neuville: Real Browns Valley, to begin the school year as property conveyance and document The Senate will be in session at 9 a.m. early as August 27. S.F.2828- Robertson: recording provisions. S.F. 2673-Cohen: Modifying a limitation on the ability of Child custody de facto and third party Health and Family Security Committee the board of trustees of the Minnesota Chair: Sen. Dallas Sams custodians. S.F. 2611-Ranum: Interstate State Colleges and Universities and Compact for Adult Offender Supervision. 1 p.m. Room 15 Capitol intermediate school districts to enter into Agenda: S.F. 3005-Wiener: Modifying S.F. 2838-Ranum: Closed public meetings certain property agreements. S.F. 3027- for security issues discussion. S.F. 2625- certain protocols for nurses. S.F. 3006- Pappas: Allowing undocumented nonciti- Wiener: Providing for clinical nurse Higgins: Assisted Reproduction Act. S.F. zens to qualify as residents of Minnesota 1000-Stevens: Local government units specialists waiver. S.F. 3026-Kelley, S.P.: for state higher education purposes. Regulating the provision of interstate eminent domain acquired property sale restriction. S.F. 2937- Hottinger: Environ- telemedicine services. S.F. 3026-Kelley, Judiciary Subcommittee on Data Prac- mental release response costs recovery S.P.: Modifying registration requirements tices for speech-language pathologists. S.F. Chair: Sen. Don Betzold statute of limitations. 2865-Stevens: Modifying terms of tempo- 7 p.m. Room 107 Capitol rary licensure for occupational therapists. Agenda: S.F. 2756-Betzold: Labor and State and Local Government Operations S.F. 2768-Lessard: Changing provisions in Industry and Revenue Departments wage Committee the medical assistance demonstration and employment information exchange Chair: Sen. Jim Vickerman project. S.F. 3126-Foley: Making techni- authority. S.F. 1372-Betzold: Child 1 p.m. Room 107 Capitol cal changes in health care programs. S.F. maltreatment assessment and investigation Agenda: S.F. 3041-Scheid: Ratifying state 3124-Foley: Modifying resident reimburse- data classification. S.F. 2949-Betzold: labor contract. S.F. XXXX-Moe, R.D.: ment classifications. School bus drivers, private detectives and Public employee labor contracts. S.F. protective agents and liquor license 2704-Wiger: Electronic processing of Higher Education Budget Division applicants criminal background checks. motor vehicle registration renewals in Chair: Sen. Deanna Wiener S.F. 2669-Hottinger: Minnesota Emer- Washington County. S.F. 1755-Stumpf: 1 p.m. Room 107 Capitol gency Health Powers Act. S.F. 3045- Mandatory statewide health insurance Agenda: Presentation of the U of M’s Betzold: Authorizing extension of the plan for school district employees. S.F. required reports by Frank Cerra, senior domestic fatality review team pilot project 2873-Johnson, Douglas: Authorizing Cook vice president for Health Sciences; Robert in the Fourth Judicial District. S.F. 3111- County to convey Mineral Center Cem- Bruiniks, executive vice president and Ranum: Requiring the juvenile court to provost; Richard Pfutzenreuter, associate etery to Grand Portage Reservation. S.F. send data relating to juvenile petitions to 2944-Johnson, Douglas: Relating to Cook vice president and chief financial officer; the statewide supervision system. S.F. Charles Casey, dean and director of County; authorizing county to expend the 3167-Betzold: Providing access to data for proceeds of a certain levy for road and Extension Service and Charles Muscoplat, purposes of the commissioner’s preliminary vice president of Agricultural Policy. bridge purposes. S.F. 2834-Day: Permitting determination whether a petition of civil appointment of county recorder in Steele commitment as a sexual psychopathic County. S.F. 2930-Pogemiller: Financing Jobs, Housing and Community Develop- personality or sexually dangerous person is ment Committee appropriate. S.F. 2919-Chaudhary: State of Metro Area transit and paratransit Chair: Sen. Ellen Anderson agencies public data disclosure individual capital expenditures. S.F. 3034- 6 p.m. Room 112 Capitol consent requirement. S.F. 3097-Foley: Pogemiller: Relating to Hennepin County; Agenda: MHFA Report on Inclusionary Child support collection and enforcement authorizing certain contracting with public Housing Initiatives. S.F. 2881-Cohen: provisions modifications. S.F. 3231- or private cooperative purchasing organi- Inclusionary housing. S.F. 3169-Rest: Betzold: Providing that nondesignated zation. S.F. 2971-Knutson: State procure- Mixed housing development. S.F. 2968- addresses on license applications are not ment; competitive bidding for building Higgins: Manufactured home park owners public data. and construction contracts. S.F. 3147- residents discrimination prohibition. Orfield: Modifying affirmative action MHFA Report on Rental Application Fees. S.F. 3118-Sabo: Rental application Tuesday, February 19 programs. fees. S.F. 2652-Anderson: Family homeless prevention and assistance program. S.F. Judiciary Committee Telecommunications, Energy and 3065-Solon: Emergency assistance and Chair: Sen. John Marty Utilities Committee transitional housing. S.F. 2680-Limmer: 9 a.m. Room 15 Capitol Chair: Sen. James Metzen Housing/energy code. S.F. 3148-Accessory Agenda: S.F. 2814-Murphy: Cooperative 1 p.m. Room 15 Capitol dwelling units. members electronic voting. S.F. 2697-Rest: Agenda: Confirmation of Phyllis Reha’s Real estate transactions disclosure require- appointment to the Public Utilities Education Committee ments. S.F. 2917-Rest: Eminent domain Commission. H.F. 2624-Robling: Chair: Sen. Sandra Pappas appraisal fees reimbursement limit Shakopee public utilities commission 7 p.m. Room 123 Capitol increase. S.F. 2707-Kelley: Real estate membership increase. S.F. 2801-Olson: Agenda: S.F. 2488-Larson: Proposing an registration fee surcharge increases for real Delano public utilities commission amendment to the Minnesota Constitu- estate task force. S.F. 2669-Hottinger: membership increase. S.F. XXXX- tion; providing for appointment of Minnesota Emergency Health Powers Act. Pogemiller: Crown Hydro personal members of the University of Minnesota S.F. 2559-Knutson: Impounded motor property tax exemption.
30 Health, Human Services and Correc- bus liquor bill. S.F. 2443-Kierlin: Provid- State and Local Government Operations tions Budget Division ing for measurement of minimum distance Committee Chair: Sen. Linda Berglin from state university campuses for licenses. Chair: Sen. Jim Vickerman 4 p.m. Room 123 Capitol S.F. 2665-Schwab: Authorizing three 4 p.m. Room 107 Capitol Agenda: Review of supplemental budget additional on-sale liquor licences in Agenda: To be announced. items: Department of Corrections, Veterans Albert Lea. S.F. 3032-Solon, Y.P.: Autho- Homes, Health Department and Board of rizing city of Proctor to issue additional Education Committee Chiropractors. S.F. 819-Lourey: Plumbers liquor licenses. S.F. 3159-Terwilliger: Chair: Sen. Sandra Pappas licensing requirements modifications. S.F. Authorizing Eden Prairie to issue up to five 7 p.m. Room 123 Capitol 887-Lourey: Medical and specialized on-sale intoxicating liquor licenses in Agenda: To be announced. medical response units registration. addition to the number authorized by law. S.F. 3080-Rest: Modifying certain provi- Thursday, February 21 Tax Committee sions relating to preneed funeral trust Chair: Sen. Lawrence Pogemiller accounts. S.F. 2150-Stevens: Low voltage 4 p.m. Room 15 Capitol bill. S.F. 3193-Samuelson: Modifying The Senate will meet at 8:30 a.m. Agenda: Final report of the Minnesota provisions relating to electricians; adding Stadium Task Force. power limited licensing classifications and Judiciary Committee requiring rulemaking. Chair: Sen. John Marty Transportation and Public Safety Budget 9 a.m. Room 15 Capitol Division Jobs, Housing and Economic Develop- Agenda: Bills from previous agenda. Other Chair: Sen. Dean E. Johnson ment Committee bills may be added. 4 p.m. Room 112 Capitol Chair: Sen. Ellen Anderson Agenda: S.F. 2336-Stumpf: Joint vehicle 9 a.m. Room 123 Capitol State and Local Government Operations maintenance and storage building con- Agenda: To be announced. Committee struction bond issue. S.F. 2639-Ourada: Chair: Sen. Jim Vickerman Inter-regional corridor development TH Legislative Audit Commission 1 p.m. Room 107 Capitol #55. S.F. 2730- Lourey: Aitkin County Chair: Sen. Ann Rest Agenda: S.F. 2566-Johnson, Dean: Great River Road funding. Administration 10 a.m. Room 118 Capitol Omnibus pension bill. S.F. 3206-Marty: trunk highway bonding requests- MnDOT Agenda: Release and review of program Shifting social security administrative headquarters building exterior, service evaluation report of: State Employee duties from the Dept. of Employee shop consolidation, Mankato headquarters Health Insurance. Report of the Specical Relations to Public Employees Retirement replacement, digital equipment backbone Subcommittee on Data Access and Topic Association. S.F. 3162-Vickerman: appropriations. S.F. 2911-Johnson, Dean: Selection. Appointment of county recorder for Agency consulting contract modifications. Murray County. S.F. XXXX-Scheid: Organ Education Committee donor rules. S.F. 2695-Ring: Authorizing Wednesday, February 20 Chair: Sen. Sandra Pappas counties to require dedication of land for 1 p.m. Room 123 Capitol public parks. S.F. 2622-Kiscaden: Volun- teer health care provider program. S.F. Agriculture, General Legislation and Agenda: S.F. 2725-Lourey: CFL early childhood administrative policy bill. S.F. 2562-Scheid: Modifying licensure Veterans Affairs Committee requirements. Chair: Sen. Steve Murphy 2894-Kelley: Providing an additional method for school districts to form and 9 a.m. Room 107 Capitol Tax Committee Agenda: S.F. 3068-Murphy: Providing sponsor a charter school. S.F. 3094-Kelley: Authorizing city sponsorship of a perform- Chair: Sen. Lawrence Pogemiller certain protections to persons called or 4 p.m. Room 15 Capitol ing arts charter school. S.F. 3187-Pappas: ordered to active service. S.F. 2898- Agenda: To be announced. Tomassoni: Permitting the harvesting of Repealing and amending unneeded and farmed cervidae on licensed shooting obsolete education provisions. preserves. S.F. 3201-Oliver: Creating a task Friday, February 22 force to study the design of the state flag. Health and Family Security Committee S.F. 3145-Foley: Revising the Minnesota Chair: Sen. Dallas Sams Commerce Committee military code of justice. S.F. 3192-Krentz: 1 p.m. Room 15 Capitol Vice Chair: Sen. Linda Scheid Providing for agriculture and pollution Agenda: S.F. 2877-Ranum: Placing a 9 a.m. Room 112 Capitol control, terrorist activity prevention, moratorium on the establishment, licen- Agenda: To be announced. response, and investigation policies; sure, and public financing of large appropriating money for antiterrorism institutions. S.F. 3098-Berglin: Making Jobs, Housing and Economic Develop- initiatives. technical changes to continuing care ment Committee programs. S.F. 3100-Berglin: Establishing Chair: Sen. Ellen Anderson Commerce Committee approved tribal health professionals as 9 a.m. Room 123 Capitol Vice Chair: Sen. Linda Scheid medical assistance providers. S.F. 2918- Agenda: To be announced. 9 a.m. Room 112 Capitol Berglin: Imposing a moratorium on the Agenda: S.F. 709-Higgins: Authorizing sixty month time limit on MFIP. S.F. Education Committee Minneapolis, St. Paul, Bloomington & 2974-Berglin: Allowing optional registra- Chair: Sen. Sandra Pappas Duluth to adopt ordinances to extend bar tion as a housing with services established 1 p.m. Room 123 Capitol hours at hotels. S.F. 2739-Metzen: Omni- under certain circumstances. Agenda: To be announced.
31 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 297-8060 Leonard R. Price 235 Cap. 57 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8061 Jane B. Ranum 120 Cap. 63 DFL 296-9246 Linda Higgins 328 Cap. 58 R 296-1253 Mady Reiter 132D SOB 53
DFL 296-6153 John C. Hottinger 205 Cap. 24 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-5419 Twyla L. Ring 306 Cap. 18 DFL 296-3826 Dean E. Johnson 124B Cap. 15 R 296-4314 Martha R. Robertson 141 SOB 45 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4123 Claire A. Robling 143 SOB 35 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 DFL 296-4274 Julie A. Sabo 317 Cap. 62
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 297-8063 Dallas C. Sams 328 Cap. 11 R 296-5649 Bob Kierlin 127 SOB 32 DFL 296-4875 Don Samuelson 120 Cap. 12 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-4848 Sheila M. Kiscaden 135 SOB 30 DFL 296-8869 Linda Scheid 303 Cap. 47 R 296-6455 Dave Kleis 107 SOB 16 R 296-9248 Grace S. Schwab 151 SOB 27
R 296-4120 David L. Knutson 133 SOB 36 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
Capitol address: 75 Constitution Avenue, St. Paul, MN 55155. State Office Building address: 100 Constitution Avenue, St. Paul, MN 55155. All phone numbers are area code 651.
Senate Publications
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32 Senate Briefly
Page 2 Highlights
Page 5 Committee update
Page 31 Preview
In an historic display of bi- partisan support, Senate Major- ity Leader Roger Moe (DFL- Erskine), top, and Senate Minority Leader Dick Day (R- Owatonna), bottom, along with House Republican leadership and other members of the Legis- lature speak during a press conference Tues., Feb. 19, held to announce an agreement on a budget balancing compromise. Photo by David J. Oakes
February 22, 2002
1 Senate Highlights Agreement reached funding for agriculture by $2.7 million. In levies were discussed between herself and Members of the Conference Commit- the proposal, state government spending is Sen. LeRoy Stumpf (DFL-Thief River tee on H.F. 351, the omnibus budget reduced by $75 million. Economic Falls). Seagren added her impression was reconciliation bill, met Wed., Feb. 20, to development appropriations, under the that leadership had signed off on the finalize an agreement reached by leader- proposal, are reduced by $7.044 million. levies. ship from the Senate and the other body. Health and human services spending is Members also adopted several The conference committee report includes reduced by $95.922 million. The agree- amendments to the conference committee one-time spending reductions of $131 ment also includes a one-time transfer of report, including one excluding Minne- million, transfers from various budget $16 million into the dislocated worker sota State Colleges and Universities from a reserve accounts of $1.464 billion and program. hiring freeze provision in the bill, but $374.3 million in permanent spending Staff from both bodies outlined including MnSCU in a consulting contract details within each area of cuts for reductions for the FY 02-03 biennium. For moratorium. The panel also accepted an members of the conference committee. the next biennium, the permanent amendment, requested by the Department Sen. Lawrence Pogemiller (DFL-Mpls.) of Finance, appropriating $25.1 million to spending reductions equal a change of asked if the cuts in early childhood will be $720 million. The proposal also elimi- the commissioner of finance to meet actual cuts or if federal money existed to obligations under a recently reached nates planning for inflation, saving $1.127 maintain services. House Fiscal Analyst billion during FY 04-05. lawsuit settlement agreement. Concerns Katherine Schill said only $3 million was about the levy increases included in the Among the savings in the current available to backfill cuts, so $1 million biennium are a $4 million cut in early and bill were addressed by an amendment had to be made up with cuts. She added making the increases effective only in FY childhood education, a $15.015 million that federal funds will be increasing. The cut in K-12 education and a $50 million 05. actual cut is about $500,000 from a base The conference committee report, as cut to higher education. The agreement of $13 million. amended, was adopted by the panel on a also reduces spending in the transporta- Noting that the K-12 education voice vote. tion-related areas by $4.1 million. The section of the bill includes new property proposal makes cuts for corrections tax levies for FY 04-05, Sen. Douglas services by $13.078 million, in public Johnson (DFL-Tower) said he thought new Senate ratifies agreement safety services by $9.713 million and in property taxes were not to be included in During an afternoon floor session, the state courts by $1.592 million. the bill. Rep. Alice Seagren (R- Thurs., Feb. 21, Senators adopted the Environment and natural resources Bloomington) said she was informed that report of the conference committee on funding is reduced by $14.2 million under new levies were okay if approved by H.F. 351, sending the budget reconcilia- the proposal. The agreement reduces leadership in both houses. She said the tion agreement to the governor. Sen. Douglas Johnson (DFL-Tower), co-chair of the joint panel, said Legislators recognize Senate Briefly is a publication of the Photography: that the bill is not a perfect, final solution Minnesota Senate Publications Office. David J. Oakes to the state’s forecast budget woes. How- During the 2002 Legislative Session, Shelley Hawes ever, he said, “I think we’ve reached a each issue reports daily Senate activities historic agreement.” Every Senator, between Thursdays of each week, lists Writers: upcoming committee meeting schedules Johnson said, could find a reason to vote Karen L. Clark and provides other information. The against the bill. However, the Senate’s job, publication is a service of the Minnesota Joshua A. Dorothy he said, is to balance the budget for the Senate. No fee. It can be made available Steve Holman current biennium and begin the planning in alternative formats. Mary Kate Stimmler for the next pair of fiscal years. Matthew Wickman Sen. Becky Lourey (DFL-Kerrick) To subscribe, contact: spoke against the bill, saying it placed the state in fiscal jeopardy by failing to couple Senate Publications Office spending cuts with new revenues. She said G-22 Capitol she did not believe that any more action 75 Constitution Ave. will be taken on budgetary matters during St. Paul, MN 55155-1606 Senate Briefly is published weekly the fiscal session, contrary to statements (651) 296-0504 during the Legislative session by the from Legislative leadership that further 1-888-234-1112 Minnesota Senate Publications Office, phases are coming. Lourey said transfering (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. funds from the worker’s comp special fund Paul, MN 55155-1606. Periodical represented the Legislature “taking money Editor: postage paid at St. Paul, MN. POST- we have no business taking.” She moved to Karen L. Clark MASTER: Send address changes to reject the conference committee report. Senate Briefly, Senate Publications The motion failed, 7-56. “Today is a day we should all be Assistant Editor: Office, G-22 Capitol, 75 Constitution Ave., St. Paul, MN 55155-1606. proud of,” said Minority Leader Dick Day Joshua A. Dorothy (R-Owatonna). He complimented Majority Leader Roger D. Moe (DFL-
2 Erskine) and Johnson for using elements of Bonding bill passed Northern Minnesota. Sen. Richard Cohen a plan Day advanced to balance the The Senate passed its largest bonding (DFL-St. Paul) said moving the DOA budget. The bill’s elements, Day said, are bill ever, during the floor session Mon., might cause a domino effect of depart- things Minnesotans want Senators to do. Feb. 18. ments moving out of St. Paul. “The Compromising early in the session, he said, “It is an aggressive bill that addresses domino effect is already happening,” said was the right thing to do. many of the state’s needs,” Sen. Roger Moe Dean Johnson, “only all of the dominos are Moe said leadership isn’t always easy, (DFL-Erskine) said. “This is the time for falling in the Metro Area.” He said the but that Senators are united by one such a bill. The interest rates are down, provision is necessary to disperse good common denominator. “We were all unemployment is going up, the state’s paying government jobs with benefits into elected to lead,” he said. Passage of the infrastructure needs great repairs, and rural Minnesota, which is experiencing bill, he said, sends a strong message to the contractors need work,” he said. population loss. The Senators voted 35-28 people of Minnesota. Adopting the report Higher education projects, which in favor of the amendment. will allay fears about unallotment of make up 45 percent of the bonding In an amendment she said would also previously appropriated funds and appropriation, far surpass any other create regional equity, Sen. Mady Reiter elimination of programs. category of bonding proposals. Natural (R-Columbia Heights) purposed replacing The conference committee report was resources and environmental projects an $8 million bonding appropriation for adopted and the bill was granted final receive the second greatest amount of the Northstar Corridor with funding for an passage, 57-8. bond proceeds and equal 18 percent of improved intersection at Interstate 35W the appropriations. and County Road J. “The proposal will FY 02-03 Budget Agreement The final price tag on the bill, significantly reduce congestion north of $1.12 billion, outspends the governor, the cities,” she said. One-time resources Sen. David Johnson (DFL- Budget reserve 653.0 who recommended $854 million in bond sales. Bloomington) said, “All 67 of us have Cash flow account 195.0 transportation issues in our districts, and LGA reserve account 14.0 Sen. Keith Langseth (DFL- Glyndon), author of the bill, said the we hope to have a transportation bonding Tax relief account 158.1 bill next week that will address them. Even Assigned Risk surplus 94.9 effects of the bill will be felt all over the state. Only 1 percent of the bonding is President Bush put the corridor in the Workers Comp Special Fund 230.0 federal budget. To take the $8 million out Delay June accelerated buyback 118.6 spent on local projects, he said. While Greater Minnesota will benefit from and use it for local projects has no prece- Total 1,463.6 most of the natural resources funding, he dent.” The amendment failed on a 8-51 said, the Metro Area will receive much vote, leaving $8 million to fund the One-time spending reductions of the bonding for the University of corridor project, which the governor had TIF grant fund 91.0 Minnesota, which had 100 percent of its recommended funding with $120 million. St. Paul busway 40.0 bonding requests funded in the bill. The members adopted an amendment, offered by Sen. Jane Krentz (DFL-May Total 131.0 Sen. Dean Johnson (DFL-Willmar) offered an amendment, which he said Township), that requires all public would further the regional equality of facilities being funded by the bill to offer Permanent spending reductions the bill. His amendment requires the recycling of at least three types of garbage. K-12 education 15.0 Office of Administration to develop “It saves resources and it is plain Family and early childhood education 4.0 plans to move the Dept. of Agriculture commonsense,” she said. Higher education 50.0 (DOA) to a location in Greater Minne- Senators continued debate on the Health and human services 95.9 sota. bonding bill, H.F. 980, with an amend- Environment 14.3 He said the state could save ment offered by Sen. Michele Bachmann Agriculture 2.7 millions of dollars if it moved the (R-Stillwater), providing additional Transportation 4.1 department into an existing state funding for the St. Croix River Bridge Judiciary 26.3 building in a rural community, instead project. The amendment appropriates $15 Economic development 7.0 of building a whole new complex in the million to pay the costs of environmental State government 41.9 Twin Cities, as it is currently consider- mitigation. Sen. Keith Langseth (DFL- TIF grants 38.0 ing. “It doesn’t make sense to keep Glyndon) said the appropriation is better Hiring freeze 40.0 building and building when we already suited for a transportation bill, since the Contract mortarium 35.0 have too many buildings,” said Dean money is appropriated from the trunk Total 374.3 Johnson. highway fund. Sen. David Tomassoni (DFL- Sen. Jane Krentz (DFL-May Town- ship) said Minnesota taxpayers should not Total budget changes 1,968.9 Chisholm) said, “It makes sense to put the department that deals with rural be paying for the entire cost of environ- Forecast shortfall 1,953.2 Minnesota in rural Minnesota.” Sen. mental mitigation on the project. Since Remaining resources 15.7 Bob Lessard (DFL-Int’l. Falls) said that if the federal government is blocking work the DOA moves to rural Minnesota, it on the project until mitigation is ac- Figures are in $ millions. would also make sense to put the Dept. counted for, Krentz said, the federal Source: Senate Fiscal Policy Analysis of Natural Resources’s headquarters in government should pay for the work. If the
3 Senate Highlights appropriation will not be made federally, inattention is disrespectful of both the Kleis (R-St. Cloud) said fully funding the she said, then Minnesota and Wisconsin resident of the mansion and, more impor- 800-megahertz communication system should both contribute. Bachmann said tantly, the many national and interna- requires $38 million in bond proceeds. her amendment is meant as a last ditch tional guests of the state” who use the However, he said, the $100,000 is a start attempt to ensure the project is completed. mansion, she said. Sen. Ellen Anderson toward addressing a vital public safety The amendment was rejected, 23-39. (DFL-St. Paul) said waiting to fund a new concern. Members adopted an amendment Sen. Dean Johnson (DFL-Willmar) armory may mean that federal funds will to the Schwab amendment, offered by Sen. offered an amendment appropriating $1 not be available during the next bonding Dennis Frederickson (R-New Ulm), that million to the city of St. Paul for the cycle. Sen. Martha Robertson (R- restored the DNR appropriation and construction of a new armory in St. Paul. Minnetonka) said it was disingenuous to reduced funding, in the bill, to the The amendment also reduced the appro- say that the funds were being moved from Department of Corrections by $100,000. priation for refurbishment of the one St. Paul project–the governor’s Frederickson said corrections facilities are governor’s mansion by $1 million. Johnson residence–to another, the armory. Of all appropriated $23 million in the bill, so a said 75 percent of the construction cost of the projects in St. Paul, she said, the $100,000 reduction is less drastic. a new armory will be covered by the governor’s mansion has the most signifi- The Senate gave final passage to H.F. federal government, but the Legislature cance to the state as a whole. The amend- 980, as amended, 51-13. can leverage those funds only by making a ment failed on a voice vote. In other action, Senators approved a commitment to the building of a new Members approved an amendment, bill appropriating $7.8 million for grants facility. offered by Sen. Grace Schwab (R-Albert to 10 noncommercial television stations Sen. Gen Olson (R-Minnetrista) said Lea), to expand the state’s 800-megahertz for conversion to a digital broadcast signal now is the time to complete renovation of radio system. Initially, the amendment as mandated by the federal government. the governor’s residence. Since the state appropriated $100,000 to the project and Langseth said the bill–S.F. 107–restores acquired the structure, she said, almost reduced asset preservation funding, in the funds the stations thought were available nothing has been done to improve the bill, to the Department of Natural Re- but were being held up by the governor. state of the upper two floors. “This sources by an equal amount. Sen. Dave The bill was given final passage, 62-4.
Sen. Twyla Ring (DFL-North Branch) holds up a poster-sized photo depicting butterflies killed by the application of pesticides in Gaylord during an Agriculture, General Legislation and Veteran Affairs Committee hearing Wed., Feb. 20, as, in the fore- ground, Senators Charles Berg (R-Chokio), left, and Dean Johnson (DFL-Willmar) look on. Photo by David J. Oakes
4 Committee update Agriculture, General zations have taken a stand against overuse Food and Drug Administration and the in agriculture. United States Department of Agriculture Legislation and Veterans Will Hueston, professor of epidemiol- to take steps to limit the use of antibiotics Affairs ogy and director of the Center for Animal for animal agriculture at levels other than Health and Food Safety at the University those used for therapeutic reasons. Sen. Animal antibiotics discussed of Minnesota, also testified regarding the Charles Berg (R-Chokio) called to divide Members of the Agriculture, General bill. He said the majority of resistance the amendment, taking Vickerman’s legislation and Veterans Affairs Commit- problems in human medicine appear to be amendment first. That part was adopted. tee, chaired by Sen. Steve Murphy (DFL- linked to antimicrobial use in humans and Krentz’s amendment failed. The bill, as Red Wing), met Fri., Feb. 15, to hear the majority of resistance problems in amended, was then approved and sent to testimony regarding S.F. 2884–a bill that animal medicine appear to be linked to the Senate floor with the agreement to prohibits the non-therapeutic use of antimicrobial use in animals. He said some continue discussing the language of the antibiotics in animal agriculture–and S.F. resistance problems cross from animals to resolution. S.F. 2884 was laid over. 2882–a resolution that calls on the United humans and vice versa, but the extent of States Congress to limit the use of antibiot- the exchange is not known. While stating Pesticide regulation discussed ics in animal agriculture. that an antimicrobial should be used Members of the Agriculture, General S.F. 2882, carried by Sen. Jane Krentz judiciously, Hueston also said any attempt Legislation and Veterans Affairs Commit- (DFL-May Township), is a resolution to prohibit their use for agricultural tee, chaired by Sen. Steve Murphy (DFL- stating that the use and misuse of antibiot- purposes in Minnesota–the subject of S.F. Red Wing), met Wed., Feb. 20, to hear ics has been shown to promote the spread 2884–will have more of a negative impact testimony regarding a bill clarifying and of resistant bacteria. The measure calls on than a positive impact. He said a prohibi- increasing the regulation of pesticide use. the United States Congress and the tion puts Minnesota farmers at a disadvan- Carried by Sen. Lawrence Pogemiller commissioner of the Food and Drug tage–since farmers in other states have no (DFL-Mpls.), S.F. 3262 requires the impact Administration of the United States to prohibition–and gives Minnesotans a false of pesticide use on the environment to be take steps to protect the health of the sense of security. Minnesota groceries stock determined. In addition, the bill requires a people of the United States, and to more than just Minnesota food, he said, study of the prevention of impacts on maintain the effectiveness of human and that food will still have antibiotics in surface and groundwater. It requires the antibiotics, by limiting the use of antibiot- them. development of best management prac- ics as routine additives to animal feeds and Sen. Jim Vickerman (DFL-Tracy) tices designed to ensure the “health and water. The resolution also calls upon offered an amendment that deletes most of safety of people and to protect the leaders in the other states to join in this the original bill and calls on the United environment.” The bill authorizes the effort. States Congress, the Food and Drug monitoring of urban and rural pesticide Murphy asked if more diseases are Administration and the United States use, including gathering information on caused or created by the agricultural use of Department of Agriculture to take steps to the purpose of pesticide use, the total and antibiotics or by the liberal use of prescrip- promote judicious use of antimicrobials per-use quantity used, the location of each tion antibiotics for humans. David and support research concerning antimi- use recorded by section, the month used, Wallinga, director of the Antibiotic crobial resistance. The amendment the product used and the method of Resistance Project at the Institute for included no statistics regarding the use of application. According to the bill, all Agriculture and Trade Policy, said animal antibiotics and stated “the key to areas of the state where agricultural resistance to bacteria increases in relation addressing the problem of resistance begins chemicals are applied must be monitored, to the use of antibiotics. However, he said with prudent and judicious use of antimi- the commissioner of health–in consulta- there is no way to proportionally track the crobials in both humans and animal tion with a toxicologist and instead of the instances of resistance from animal or medicine.” commissioner of agriculture–must review agricultural use, and added that there is Krentz said the phrase “judicious use” the findings. The measure also provides already a campaign to limit human use. is too vague to provide a specific defini- that the information gathered is public Murphy said a “dual track” should be tion. Any farmer could have a different data. The bill requires each application for taken to include both animal and human version of what “judicious use” means, she pesticide registration use to be reviewed use. said, making anything with similar for adverse effects to the environment and “If you’re going to ask agriculture to language unenforceable. She opposed the human health and states that registration undergo this, then you should ask the amendment. Hueston, however, said the may be approved, denied or canceled at medical profession to do this too,” he said. “judicious use” of antimicrobials is a any time. The bill redefines a “pollutant” Sen. Kenric Scheevel (R-Preston) said concept that is currently being promoted as a “man-made or man-induced alteration he was uncomfortable believing that the in agriculture and in medicine. He said a of the chemical, physical, biological or use of antibiotics in animals transferred to more collective approach that involves radiological integrity of water.” such a great extent to humans. He said he both the agricultural and the medicine If a pollutant is discovered, the bill didn’t think eliminating their use in fields is preferable. Minnesota had an also requires the development of best agriculture would reduce the instances of opportunity to set an example and push it management practices within three months bacteria resistant to antibiotics in humans. forward, Hueston said. and the implementation or dissemination Responding, Wallinga said there is a Krentz offered an amendment to of the information to farmers within nine reason that so many public health organi- Vickerman’s amendment that “urges” the months. The bill also requires the develop-
5 Committee update ment of best management practices if Pogemiller offered to delete various hunting, but killing, and there is no sport groundwater pollution is discovered sections of the bill, leaving only sections involved. He said it wasn’t a fair chase within one year of detection and requires dealing with preventing the impacts on because the animals have nowhere to run. the adoption of the water source protec- surface and groundwater, the monitoring He also said farm deer and elk have been tion requirements under current law if the on a biennial basis, the changed definition known to spread disease to wild deer and pollutant is not decreasing significantly of “pollutant,” the requirement that elk, which then can be spread to cows. after two years. The bill also sets up a task records on pesticide use be public and the Such diseases, such as chronic waste force to investigate and design crop requirement to implement best manage- disease and bovine tuberculosis, he said, management system designed to reduce the ment practices within three months of can be fatal. “Disease transmission may be amount of toxicity and pesticides used. finding a pollutant and that information to a real issue for Minnesota,” he said. Pogemiller said the bill is not a ban on farmers be given within nine months. He Ed Boggess, with the Department of pesticides and is not an attempt to change said the impact of the bill was being Natural Resources, also said the depart- the way farms operate unless the ground- overestimated, that it didn’t have an ment opposed the bill. Echoing Goldman, water near them is contaminated. He said adverse affect on farmers and that it was he said he had concerns regarding disease it builds on the Groundwater Protection only meant to be for information gathering transmission between penned animals and Act passed several years ago. purposes. The amendment was adopted. wild animals, since the penned animals Janette Brimmer, legal director with Dan Stoddard, from the Department of can escape into the wild. He also said the Minnesota Center for Environmental Agriculture, said the bill is significant in preserves would have an impact on the Advocacy, testified in support of the bill. that it does add costs to the department. long term viability of hunting in the state She said scientific evidence shows He also said there were provisions in the and would hurt conservation efforts as significant links between pesticide bill he didn’t fully understand. The bill well. exposure in humans and stillbirths, was laid over. Sen. Jim Vickerman (DFL-Tracy) said spontaneous abortions, birth defects, Members also heard a bill establishing an elk farm in his district has a full time cancer, Parkinson’s disease and impaired licensed shooting preserves for farmed veterinarian and uses no animals unless neural development among children. She deer. S.F. 2898, carried by Sen. David they are absolutely disease free. He said said Southern Minnesota and Northern Tomassoni (DFL-Chisholm), allows the preserves would be good for rural Minne- Iowa–high agricultural areas–are also “hot sale of farmed cervidae (deer and elk) for sota, where people are struggling to find spots” for non-Hodgkin’s lymphoma. She personal consumption, sets the fee for a ways to make money, and if people wanted also said pesticides are found in groundwa- shooting preserve license at $1,000 to spend that much money to hunt it ter here. She said 52 percent of samples in annually plus $100 monthly, allows the shouldn’t be a problem. a study by United States Geological establishment of 10 preserves, requires Sen. Chuck Fowler (DFL-Fairmont) Survey between 1991 and 1995 in the each preserve to contain between 320 and said the size minimum of 320 acres is too Minnesota Red River Valley contained 960 acres, requires the boundaries of the small and that it could represent a safety preserve to be clearly posted at intervals of hazard in his district. He also said, as a pesticide and 86 percent of the samples at least 500 feet and requires perimeter hunter and a sportsman, he is opposed to a within a 75 square mile area in Sherburne fencing to comply with current Minnesota hunting preserve as proposed in the bill. County contained at least one pesticide. law. The bill requires the removal of all However, the bill was approved and re- Murphy raised a concern with the bill, wild cervidae from the preserve, specifies referred to the Environment and Natural saying it expands the definition of that a hunting license is not required on a Resources Committee. “pollutant.” He also said he would like to preserve, requires the cervidae to be Sen. Edward Oliver (R-Deephaven) know if large amounts or trace amounts of permanently marked for identification and carried a bill, S.F. 3201, that creates a pollutants–not simply that they were allows the licensee to determine who may legislative task force to study a potential there–were being found in groundwater. hunt in the preserve. new design for the state flag. Oliver said Sen. Steve Dille (R-Dassel) said that most Dennis Niess, president of the Minne- the state flag–which has gone through pesticides used on farms are biodegradable sota Deer Breeders Association, spoke in several changes–is too complex and needs and the level that gets in groundwater is support of the bill. He said the bill helps to be reviewed. He said he had always small. He also said many plants produce farmers, as deer and elk breeders and thought the that the current flag, designed natural pesticides. He agreed there preserve operators need to buy feed for in 1957, was nondescript, and that good appeared to be a connection between their animals. He also said charging $2,500 flags can be seen on such things as adver- pesticides and non-Hodgkin’s lymphoma, to $3,000 for people to hunt preserves will tisements, license plates and road signs. He but added that contraction due to pesti- bring tourist money in to the state. Also, he said the task force will cost between $500 cides is rare. said, since for each animal taken the and $1,000. The bill was approved and re- Pogemiller said what he was advocat- operator must pay $75 to the Department referred to the State and Local Govern- ing was not an alarmist proposition. He of Natural Resources fish and game fund, ment Operation Committee. said it is just a call to study the situation preserves will bring money to the depart- Sen. Bob Lessard (IND-Int’l. Falls) and review the results. “It’s not well ment. authored S.F. 3145, which amends the thought out to not look at scientific Howard Goldman, representing Minnesota Code of Military Justice. The evidence,” he said. “We should look at the Friends of Animals and the Minnesota code governs Minnesota National Guard data and try to work with what we can Humane Society, spoke against the bill. members when not in federal active work with.” He said a shooting preserve was not service. The bill basically conforms the
6 code to changes in the federal Uniform Brainerd) carried S.F. 2650, a bill that banks oppose the bill.” Assistant Attorney Code of Military Justice and to Minnesota amends the state charter for credit unions General Prentiss Cox said the bill was “an criminal law and procedures, he said. The to replicate the regulations of federally important, yet modest first step.” bill also repeals language dealing with chartered credit unions. Samuelson said Among those providing testimony in procedural aspects of military justice, the bill is needed because a significant favor of the bill, Shada Buyobe- which the Department of Military affairs number of state chartered credit unions Hammond, chair of the Minnesota intends to shift to administrative rule, have switched to the less restrictive federal Association of Community Organizations consistent with current civilian and charter, consequently robbing the state of for Reform Now (ACORN) said she has military practice. The bill was approved sales tax revenue. “Minnesota can retain heard from hundreds of victims and that and re-referred to the Finance Committee. that lost income if the law is changed,” the bill provides basic protections from the Lessard also carried S.F. 3284, which said Samuelson. Bill Raker, president of worst abuses. “People are getting robbed, makes two Minnesota Congressional the U.S. Federal Credit Union, said many and until we get better laws, they will keep Medal of Honor recipient eligible for state credit unions have made the switch for the getting robbed,” said Buyobe-Hammond. paid life, hospital, medical and dental tax advantages, as well as for the expanded Josh Baker spoke of his victimization by a insurance. According to Lessard, the 2 ability to interact with its membership. mortgage lender he found on the Internet. award winners are both over 80 years of Lobbyist Jim Genia described the particu- Speaking against the bill, Dan Hardy age and currently have no close access to lars in the bill, explaining the bill had from the Mortgage Bankers Association veterans hospitals. “This shows our been drastically reduced in scope. Genia (MBA) of Minnesota said, while the bill appreciation for their heroism by provid- emphasized the bill did not go beyond represents a good faith effort to address ing the health care that they deserve,” he what federal charters are allowed. unscrupulous practices, it doesn’t represent said. The bill was approved and re-referred When asked why any credit union the banking industry consensus and may to the Finance Committee. would select a state charter when it could have unintended consequences. Hardy Murphy authored S.F. 3068, which avoid sales taxes with a federal charter, Del said some community non-profit organiza- provides certain protections under the Provost from the Members Cooperative tions are concerned about the bill’s impact Soldiers and Sailors Civil Relief Act of Credit Union said it is nice to have on the ability to provide assistance to low- 1940 to all persons called or ordered to regulators nearby and that sales tax is a income consumers. MBA legal counsel Joe active service. Johnson offered an amend- small price to pay for the convenience. Witt said his organization is 100 percent ment that provides those in the Minnesota Department of Commerce Commissioner opposed to predatory lending, but could National Guard or any other military Jim Bernstein said the department had no not support the bill. reserve component who are students at a opposition to the bill. Due to time constraints, the bill was post secondary education institution and In opposition to the bill, Jerry referred to the Commerce Subcommittee who are called to active service with Schoenfeld from the Independent Com- on Banking for further discussion. certain rights and protections as well. The munity Bankers of Minnesota said the bill bill was approved and sent to the Senate tilts competition in favor of credit unions Do-not-call list okayed floor. over small community banks. John Corbid Members of the Commerce Commit- Sen. Jane Krentz (DFL-May Town- of the Minnesota Savings League said his tee approved several bills, at their meeting ship) authored S.F. 3192, which provides organization worries about credit union Wed., Feb. 20, including legislation for agriculture and pollution control, expansion. “Credit unions have become creating a statewide do-not-call list for terrorist activity prevention and response powerful financial institutions without the telemarketers. Sen. Roger Moe (DFL- and investigation policies. The bill allows hassle of paying taxes,” Corbid said. Erskine) said the bill, sponsored by Sen. an embargo to be placed on an area of the The bill was recommended to pass Richard Cohen (DFL-St. Paul), addresses state limiting food or consumer commod- and referred to the floor. concerns from the general public about an ity movement into or out of the embar- Sen. Sandra Pappas (DFL-St. Paul) increase in unsolicited phone calls at goed area in the event of an emergency. carried S.F. 3030, a bill that seeks to curb home. Moe said there are special concerns The bill establishes quarantine zones and what she called the worst in predatory about senior citizens, who may be targeted requires a zone for “humans, machinery, lending practices. Pappas said the bill by some telemarketers. A recent survey, he and personal property, excluding livestock eliminates four predatory practices; said, showed that about 75 percent of products” to be limited to infected lending to people who cannot pay, Minnesotans say they get at least one premises. The bill was approved and re- repeated refinancings, making loans where unsolicited phone call each week. The bill referred to the Environment and Natural payments do not cover interest costs, and provides for a do-not-call list, maintained Resources Committee. switching borrowers to high interest rates. by the Department of Commerce, for “Reputable banks have nothing to fear which telemarketers will have to pay a fee Commerce from this legislation,” Pappas said, “The every six months. Consumers may be put law protects more consumers, sets clear on the list, under the bill, by contacting Predatory lending discussed standards against lending without the the department. The Commerce Committee convened ability to pay, and adds more protections Several Senators and industry repre- Fri., Feb 15, to discuss two bills regarding than federal law.” Bernstein added that sentatives raised concerns about specific credit unions and predatory lending. Sen. predatory lending is currently not illegal in professional practices and the effect of the Linda Scheid (DFL-Brooklyn Park), vice- Minnesota. “The bill is about fairness,” bill on those practices. Sen. Deanna chair, presided. Sen. Don Samuelson (DFL- Bernstein said, “I’m disappointed that Wiener (DFL-Eagan) said the bill prevents
7 Committee update realtors from calling referrals, since the The committee considered two bills law. Current law, he said, allows individu- realtor does not have a prior relationship updating the Minnesota Electrical Act. als to own guns 10 years after they have with the referred possible client. Sen. Bob S.F. 2150, carried by Sen. Dan Stevens (R- finished their sentences. “Minnesota is an Kierlin (R-Winona) said stock brokers will Mora), was approved by the panel last year island of leniency in allowing gun be able to skirt the legislation because they but returned to the committee during the ownership by convicted felons,” are not selling anything when calling interim under Senate procedural rules. Chaudhary said. possible clients, but merely seeking to Stevens said language in the bill was Members adopted an amendment, establish a business relationship. Represen- agreed upon after conversations with offered by Chaudhary, that provides for tatives of the Minnesota Chamber of several interested parties. However, he judicial restoration of the right to own Commerce and Minnesota Retailers said, last year several union groups raised firearms. Chaudhary also offered a techni- Association said their groups had concerns further concerns with the legislation. cal amendment to provide that expunging as well. Moe said proponents of the bill Stevens and proponents of S.F. 2150, he the record of a conviction must provide would meet with interested parties to said, agreed to work with the unions that the person is not entitled to ship, address those concerns. The bill was during the interim to reach a compromise. transport, possess, or receive a firearm for approved and re-referred to the Telecom- Sen. Don Samuelson (DFL-Brainerd) the remainder of the person’s life. munications, Energy and Utilities Commit- said he was not involved in the issue last Debate on the measure centered on tee. year, but was approached to carry S.F. the level of the criminal conviction that The committee also approved two 3193, the legislation crafted by the unions. would lead to a lifetime prohibition on bills relating to liquor regulation. S.F. Jim Wagner, representing the unions, said gun ownership. The bill specifies that a 2739, the omnibus liquor bill carried by he was not present for the hearings last person who is convicted of a crime of Sen. James Metzen (DFL-South St. Paul), year, but that he was told his first mission violence is prohibited from gun ownership provides for additional liquor licenses for was to organize the unions’ stances and for the remainder of the person’s lifetime. Proctor, Albert Lea, Eden Prairie, Brainerd craft a compromise between about five Several members indicated that “crime of and West St. Paul. The bill also clarifies different union groups. violence” includes some offenses that are existing regulations about siting intoxicat- S.F. 2150 was advanced to the floor. not felonies. Anoka County Attorney ing liquor establishments at a minimum S.F. 3193 was re-referred to the State and Robert Johnson said that by making the distance from state universities. Members Local Government Operations Committee. prohibition so broad, prosecutors and adopted an amendment to the bill, offered In other action, the committee also defense attorneys could find themselves by Sen. Sandra Pappas (DFL-St. Paul), approved S.F. 3030, the Responsible “twisting and turning our process” in order allowing hotels to operate so-called Lending Act. Carried by Pappas, the bill to avoid collateral consequences that are “minibars” in hotel rooms without violat- was amended after negotiations resulting too severe. Johnson said that he supported ing state laws prohibiting the sale of from concerns raised at a previous commit- the ban for felony crime-of-violence alcohol after 1 a.m. The omnibus liquor tee hearing. The bill was re-referred to the offenders, but argued for the ability to use bill was approved and sent to the floor. Judiciary Committee. A bill requiring an discretion in some cases. Sen. Thomas In an effort to address competitiveness annual report, to the beneficiary, on the Neuville (R-Northfield) offered an issues for the major convention centers in value of deposited funds in funeral trust amendment limiting the lifetime prohibi- the state, Sen. Linda Higgins (DFL-Mpls.) accounts was also approved. S.F. 3080, tion to felony crimes of violence, but carried S.F. 709. The bill allows the cities carried by Sen. Ann Rest (DFL-New retaining the current 10-year ban for other of Minneapolis, St. Paul and Duluth to Hope), was sent to the floor. offenses. The amendment was adopted. adopt ordinances allowing hotels with on- Committee Chair Jane Ranum (DFL- sale liquor licenses to serve alcohol until 2 a.m. Monday through Friday and 2:30 a.m. Crime Prevention Mpls.) said that the bill did not include on Saturday and Sunday. Greg Ortale, any criteria that judges might use in president of the Greater Minneapolis Felon gun ownership banned restoring the right to own a firearm, nor did Convention and Visitors Association, said A bill to prohibit violent offenders the bill contain language relating to the the bill is not for local residents, but for from owning firearms was debated in the collection of data. Ranum said that she conventioneers and business travelers. All Crime Prevention hearing Fri., Feb. 15. would be offering an amendment to of the states that compete with this area for The bill, S.F. 2905, sponsored by Sen. include such language at a later date. The convention business, he said, have later Satveer Chaudhary (DFL-Fridley), bill was then approved and advanced to closing times for hotel bars. specifies that individuals who have been the full Senate. Jim Farrell, Minnesota Licensed convicted of violent felony offenses may In other action, the panel approved Beverage Association, said his organization be banned from owning firearms for life. four additional bills. S.F. 2533, carried by opposes the bill. He said people will drive Chaudhary said, “The bill was inspired by Sen. Leo Foley (DFL-Coon Rapids), into the central cities to drink at hotels. a horrific incident last summer in Colum- clarifies that a county board may require Farrell said he prefers a blanket extension bia Heights in which an individual that an offender convicted of a crime and to 2 a.m. across the state. Sen. Mady Reiter engaged in a shooting spree that endan- confined in the county jail, workhouse or (R-Shoreview) offered an amendment gered the lives of police and citizens in the correctional or work farm pay the cost of extending authorized sale hours to 2 a.m. neighborhood.” Chaudhary said the the offender’s room, board, clothing, After several Senators raised concerns individual had been convicted and served medical, dental, and other correctional about the amendment, Reiter withdrew it. a sentence for a violent crime, but was services. The measure, which had been The bill was advanced to the floor. allowed to own firearms under Minnesota before the panel earlier, was amended to
8 clarify how the costs may be collected, protective agents. The measure was Crime bills advance provide for waiver of the costs if the costs approved and re-referred to the Judiciary The Crime Prevention Committee, would create undue hardship, and clarify Committee. chaired by Sen. Jane Ranum (DFL-Mpls.), that the offender must pay court ordered Ranum sponsored the final two bills met Wed., Feb. 20, and made short work of restitution before paying the correctional considered by the panel. S.F. 3020 requires six bills on the agenda. Members approved agency costs. 90-month presumptive executed sentences a bill, S.F. 3172, sponsored by Sen. David The bill was approved and advanced for persons convicted of second degree Knutson (R-Burnsville), requiring a ten- to the full Senate. criminal sexual conduct offenses. S.F. year conditional release period when a S.F. 2949, sponsored by Sen. Don 3019 expands those persons who are person has a previous sex offense convic- Betzold (DFL-Fridley), modifies proce- required to register as predatory offenders tion, regardless of the state in which the dures for criminal history background for their lifetimes after a second convic- conviction occurred. The measure also checks to conform with federal statutes. tion to those who would have been defines aggravated harassing conduct to The bill modifies the procedures for required to register prior to the effective include acts of criminal sexual conduct as school bus driver background checks, date of the registration law. predicate offenses for a pattern of harassing authorizes criminal history checks for Ranum said the bill is needed to conduct and makes it a ten-year felony liquor license applicants and clarifies the conform with federal requirements in order when a person commits certain prohibited state and federal criminal history back- to maintain a federal grant. Both bills were acts when the act is committed with sexual ground check procedures for conditional approved and advanced to the Senate or aggressive intent. The bill was sent to employees of licensed private detectives or floor. the full Senate.
Columbia Heights police officer Michael McGee shares his ordeal of being shot by a crazed gunman last July 17 with members of the Crime Prevention Committee Fri., Feb. 15. Sen. Satveer Chaudhary (DFL-Fridley), right, presented a bill prohibiting felons from gun ownership. Photo by David J. Oakes
9 Committee update Members also considered two bills Education making it impossible to continue his sponsored by Sen. Grace Schwab (R- education. Attorney Dan Palmquist said Albert Lea). S.F. 3157 imposes criminal Three bills advance many undocumented students have spent penalties for failing to yield the right of The Education Committee met Mon., most of their lives in the state, but were way. Ray Egan, executive director of the Feb. 18, to hear testimony regarding four brought here at a young age by their Minnesota Motorcycle Riders Association, bills. S.F. 2488, carried by Sen. Cal Larson parents, thus do not have the option of said the bill is needed to deal with (R-Fergus Falls), is a bill that amends the becoming legal. He said that Texas and negligent drivers who kill or injure Minnesota Constitution to allow the California have provisions that allow in- vulnerable road users such as motorcyclists governor to select members for the Board state tuition for undocumented students, and bicyclists. Committee members, of Regents of the University of Minnesota. but said the state laws challenge a federal though, said the bill did not specify intent Larson said the current system of regent statute that states if undocumented or negligence. Sen. Thomas Neuville (R- selection by a joint decision of the House students get in-state tuition, then any U.S. Northfield) said sometimes tragedies result and Senate members is unwieldy and that citizen is eligible for the same tuition in from accidents, but that should not rise to the vast majority of states rely solely on the that state. “It makes good public policy to the level of a felony. Members took no governor for appointments. He added the say that we value those who live in the action on the bill. bill does require Senate advice and state,” Palmquist said, “It’s unconstitu- The second measure Schwab spon- consent on the appointments. Sen. David tional for the federal government to sored, S.F. 3109, permits municipal police Tomassoni (DFL-Chisholm) offered an dictate what states decide to do. Pappas departments to use black patrol vehicles. amendment that split the selection laid the bill over. Currently, colors are limited to blue, authority equally between the governor, brown, green or white. The bill was Senate Majority Leader, and House Education bills debated recommended for placement on the Speaker. Sen. Jane Krentz (DFL-May The Education Committee met Wed., Consent Calendar. Township) said the amendment would Feb. 20, for a marathon session to discuss a Members also approved a bill that make the process cumbersome. Tomassoni variety of proposed education bills. clarifies the hunting while intoxicated withdrew the amendment. The bill was Sen. Martha Robertson (R- law. S.F. 2678, sponsored by Sen. Linda approved with a recommendation to pass Minnetonka) carried S.F. 2986, a bill that Higgins specifies that anyone possessing a and re-referred to the Rules and Adminis- requires school districts to submit the loaded firearm in the field while intoxi- tration Committee. standardized Minnesota school boards cated may be charged under the hunting Sen. Martha Robertson (R- association teacher settlement summariza- while intoxicated law. Minnetonka) sponsored S.F. 2828, a bill tion sheet within 30 days of the date of In addition, the bill clarifies the DWI that corrects an unintended consequence settlement. The bill was approved and statute by specifying that driving a in previous legislation that prevents recommended for placement on the motorboat or off-road vehicle with a Minnesota State Colleges and Universities Consent Calendar. passenger under the age of 16 is an (MnSCU) from entering into a coopera- Sen. Becky Lourey (DFL-Kerrick) aggravating factor under the DWI laws. tive use property agreement with an carried the Department of Children, The measure was approved and sent to the intermediate school district. The bill Families and Learning (CFL) early full Senate. simply removes a 10-year limitation education policy bill, S.F. 2725. CFL The panel also approved, and clause. The bill was recommended to pass Assistant Commissioner Karen Carlson advanced to the floor, a Dept. of Correc- and be placed on the Consent Calendar. described two technical amendments and tions housekeeping bill. S.F. 2989, Sen. Charles Berg (R-Chokio) carried S.F. said the bill primarily removes obsolete sponsored by Sen. David Johnson (DFL- 2573, a bill that allows schools in Browns language and makes technical, clarifying Bloomington), authorizes sex offender Valley to start as early as August 27 to and conforming changes. The measure was treatment providers to collect treatment accommodate Browns Valley high school referred to the E-12 Budget Division for co-payments from offenders, allows an students enrolled in school in Sisseton, possible inclusion in the division’s independent, contracted, board-certified South Dakota and Sisseton elementary omnibus bill. forensic pathologist to sign the death students enrolled in school in Browns Sen. Steve Kelley (DFL-Hopkins) certificate on incarcerated deaths and Valley. Berg said the law simply allows the carried S.F. 2894, a bill that makes it easier clarifies the mandatory sentences for DWI school to open at the same time schools for school districts to form charter schools. offenders. open in South Dakota. The bill was Kelley said the bill lays out a pathway for The last bill considered, S.F. 2638, approved with a recommendation to pass district teachers who seek to start a charter sponsored by Sen. Leo Foley (DFL-Coon and be placed on the Consent Calendar. school, allows sponsoring school boards to Rapids), provides that whoever employs Sen. Sandra Pappas (DFL-St. Paul) select up to two members of the charter runners to procure clients under circum- carried S.F. 3027, a bill that allows schools board, and requires sponsoring stances involving motor vehicle insurance undocumented noncitizens to qualify for districts to provide facilities for the charter is guilty of a felony. The bill, which had in-state tuition at state higher education school. Charter schools must reimburse been heard at a previous hearing, was institutions. High school student David districts for the space, Kelley said, and amended to clarify the definition of Juarez said because he was brought here charter schools can only apply for lease aid “runner” and the definition of “public illegally at the age of two by his parents, he when the sponsoring district lacks ad- media” in the bill. The bill was approved cannot apply for financial aid nor qualify equate space. Sen. Sandra Pappas (DFL-St. and sent to the Senate floor. for in-state tuition at state institutions, Paul) offered an amendment that deletes a
10 provision that mandates a majority of ful for determining if students are ready for Division for possible inclusion in an members on a charter school board be normal classwork. And amendment was omnibus bill. teachers, but withdrew the amendment adopted that delays the test only until Tomassoni carried S.F. 3181, a bill after Kelley suggested an additional 2003-2004 and creates a technical that allows the Minnesota State High change. The measure was also sent to the advisory committee to assess the effective- School League (MSHSL) to enter into E-12 Education Budget Division for ness of the test. The bill was referred to the corporate sponsorships. Roger Aronson possible inclusion in an omnibus bill. E-12 Education Budget Division for from MSHSL said the bill allows the Kelley also carried S.F. 3094, a bill possible inclusion in an omnibus bill. league to obtain official equipment that authorizes the city of St. Paul to Members also approved the noncontrover- sponsors for state tournaments, but sponsor a performing arts charter school. sial portions of S.F. 2736, the CFL absolutely does not require students to Speaking on behalf of the bill, St. Paul administrative policy bill, sponsored by wear clothing from a particular company. Mayor Randy Kelly said the bill provides Pappas. The entire bill was then referred to Two amendments were adopted. One parents, students and teachers another the E-12 Education Budget Division for amendment restricts corporate partnerships educational choice in the city. Among possible inclusion in an omnibus bill. to tournament activities and the other others speaking in favor of the bill was Sen. Anthony “Tony” Kinkel (DFL- amendment prohibits the MSHSL from Humanities Commission President Stanley Park Rapids) carried S.F. 2733, a bill that using revenue from the agreements to Romanstein, who, through his work as the only allows a post-secondary enrollment supplement its operational budget. The head of a performing arts high school in options (PSEO) student to take physical bill was recommended to pass and sent to Baltimore, said he has seen first-hand the education classes at the post-secondary the floor. transformative power of such schools. school if the student is currently taking Sen. Richard Cohen (DFL-St. Paul) Kelly said the city wants to place the another course. The bill was recommended carried a bill, S.F. 3245, authorizing the school downtown and that there has been to pass and referred to the Education creation of a library agency in the city of no opposition from school officials. The Budget Division for possible inclusion in St. Paul. City Council Member Pat Harris bill referred to the E-12 Education Budget an omnibus bill. Sen. Warren Limmer (R- said the bill is the result of a city library Division for possible inclusion in an Maple Grove) carried S.F. 2982, a bill that task force decision to take another omnibus bill. decreases the length of the school year by approach to funding the city’s libraries. Sen. Leonard Price (DFL-Woodbury) three days. An amendment was adopted Harris said the bill allows for greater sponsored S.F. 357, a bill that provides for that requires districts to publish a con- financial accountability, a focus on library the classification and dissemination of spicuous notice in the official district issues, and enhanced participation by the educational data. Price said the same bill newspaper regarding all school closings. private sector. The bill was recommended was passed last year. The bill was recom- The bill was approved and sent to the E-12 to pass and sent to the Tax Committee. mended to pass and sent to the floor. Sen. Education Budget Division for possible Sen. Ann Rest (DFL-New Hope) Charles Wiger (DFL-North St. Paul) inclusion in an omnibus bill. carried a bill, S.F. 3230, that establishes a carried S.F. 2430, a bill that allows Sen. Michele Bachmann (R- task force to examine and make recom- University of Minnesota and Minnesota Stillwater) sponsored S.F. 2902, the mendations to the governor about elimi- State Colleges and Universities system American Heritage Education Act, a bill nating youth violence and discrimination. students to rent education materials they that requires districts to develop and Rest laid the bill aside and said she are presently forced to purchase. Wiger establish a policy for grade-level instruc- planned to offer it as an amendment to the said under the bill students will save up to tion to insure student familiarity with the next bill. S.F. 2519, authored by Sen. Julie 80 percent in textbook expenses. The bill founding documents of the U.S. Kelley Sabo (DFL-Mpls.), directs school boards to was also approved and sent to the floor. offered an amendment that deleted much adopt a policy on student-on-student Pappas carried S.F. 3187, a bill that of the original language of the bill and abuse that is consistent with existing repeals unneeded and obsolete education replaced it with broader categories of study related policies. Former CFL Commis- provisions. Sen. David Tomassoni (DFL- for American History. After a period of sioner Bob Wedl spoke of the need for Chisholm) offered an amendment that discussion, the amendment was adopted. such policies and clarified that the bill removes a prohibition against advertising Bachmann consequently withdrew the bill. seeks to address sexual abuse. An amend- on school buses. He said that because of Pappas carried a bill, S.F. 3027, that ment was adopted that inserted “sexual” in the budget crunches the facing schools, it allows undocumented students to qualify front of abuse in several places in the bill. wasn’t fair to remove a source of revenue. for in-state tuition at state post-secondary Meeks said this is a serious issue, but The amendment was adopted and the bill schools. The bill was referred to the Higher cautioned the committee about the types was referred the floor. Education Budget Division. Pappas also of behavior that would be criminalized Sen. Kenric Scheevel (R-Preston) carried a bill, S.F. 2755, requiring all under the statutes. He suggested the carried S.F. 2931, a bill that delays the use nonpublic schools to provide notice of committee narrow down the provisions to of the test of emerging academic English equal transportation in a timely manner. exclude the least offensive behavior that is (TEAE) to identify limited English pupils Parent Michelle Gran said many parents of still considered sexual abuse. An amend- until the 2005-2006 school year. Among children at nonpublic schools are unaware ment was adopted that incorporated S.F. those testifying in support of the bill, of the equal transportation provisions. An 3230 into the bill. The measure was teacher Paul Tronnes said the TEAE test amendment was adopted that specified the approved as amended and referred to the measures progress for English as a second notification be in writing. The bill was State and Local Government Operations language (ESL) students, but isn’t success- referred to the E-12 Education Budget Committee.
11 Committee update Higher Education Budget allocations, tuition rates and course fees. If (DFL-St. Paul) said the committee should the state appropriation is compared to consider banning phosphorous in dish Division education and general revenues, he said, detergent as well, since it was already for every $1 the state contributed, $2 was prohibited in liquid dish soap. Required reports submitted raised from other sources. However, if you Sen. Jane Krentz (DFL-May Town- The Higher Education Budget look at total economic impact, $2.29 was ship), committee chair, said the bill should Division met Mon., Feb. 18, to hear raised from other sources from the same $1 go farther to limit the sale of lawn fertil- required reports from representatives of the state investment, he said. izer, but understood that in some special University of Minnesota and its Extension Charles Casey, dean and director of circumstances phosphorus is needed on Service. Frank Cerra, senior vice president Extension Service, said that Extension lawns. The committee approved the for Health Sciences for the University of carries out its mission in three areas; via measure and sent it to the Agriculture, Minnesota explained the accountability community development and vitality, by General Legislation and Veterans Affairs report for the Academic Health Center. He promoting the use of agriculture and Committee. said a $5.6 million appropriation from the natural resources to meet the current and Sen. Mee Moua (DFL-St. Paul) state medical endowment fund addressed future needs of society, and through youth presented S.F. 2875, which establishes an four center priorities; stabilizing the development and family living programs. environmental sustainability policy for the funding of core medical school educa- state. She said, “The bill is a common- tional programs and maintaining current Environment and Natural sense collaborative solution that takes into enrollments of primary care physicians and account environmental, economical and specialists, rebuilding medical school Resources social issues when dealing with the faculty, developing interdisciplinary and environment.” The bill defines community-based educational programs, Lawn fertilizer restriction okayed sustainability as “the use, development, and addressing the state’s health care The Environment and Natural and protection of resources at a rate and in workforce needs. The center has also Resources Committee voted to restrict the a manner that enables people to meet their created innovative programs to meet the phosphorous content in law fertilizer when current needs and also provides that future needs of the state’s changing racial and the members met Thurs., Feb. 14. generations can meet their own needs.” ethnic communities, Cerra said. Sen. Linda Higgins (DFL-Mpls), who The bill requires the state to pursue Robert Bruininks, executive vice brought the phosphorous measure before sustainable management of resources, president and provost, described the the committee, said the bill lowers the promote the use of resources to meet academic priorities section of the report. acceptable amount of phosphors in lawn current needs without compromising He said that improving the quality of fertilizers to 0 percent in the Metro Area future needs, encourage cooperation undergraduate education has been a major and 3 percent in Greater Minnesota. The between public and private sectors in the priority over the last several years. He said measure excludes fertilizers for agricultural development of sustainable products and it was impossible to identify the top five fields, new lawns and golf courses from the practices, and attain sustainability by undergraduate programs as requested restriction. The bill also exempts lawns 2025. because of the interconnectedness of many that have been tested and proven to need The measure also sets up the Minne- programs, so he listed 7 priority clusters additional phosphorous due to mineral sota Green Government Council, consist- that represent over 80 percent of all deficiencies in the dirt. ing of 15 representatives from government, degrees conferred. Regarding reallocation, Many witnesses testified to the schools, industry and cities, to develop Bruininks said $97 million over the past difficulty in controlling the growth of goals and approve “green plans,” submitted four years has been reduced or internally algae in lakes because of the use of by government agencies. distributed to reflect the system’s priorities. phosphorous as a lawn fertilizer. “We don’t The committee moved the bill on to While 13.4 percent of students described need phosphorous,” said Dean Barkley, the State and Local Government Opera- themselves as first-generation college “Why do we allow it if it’s not necessary tions Committee for further discussion. students, he said, 46.6 percent of students and it hurts our lakes and costs a fortune to The committee also approved S.F. of color described themselves in that clean-up?” He said Medicine Lake, on 2933, authored by Sen. Anthony “Tony” manner. Because of the strong correlation which he lives, required $12 million to Kinkel (DFL-Park Rapids). The bill states between students of color and first- clear it of algae. John Barten, from the that any sewage treatment system may be generation students, the school will Hennepin Parks Board, said it costs $375 installed if the manufacturer was desig- continue its broad strategy to recruit dollars to remove a single pound of nated by the Minnesota Pollution Control students of color, he said. Bruininks said phosphorous from a lake. Agency (MPCA) as a warrantied system as student retention is one of the school’s Sen. Steve Dille (R-Dassel) said that of June 30, 2001, the majority of the most important priorities, and while according to a study conducted at the systems previously installed are under graduation rates have improved in recent University of Pennsylvania, only 20 normal use, and the systems are warrantied years, they remain too low. percent of phosphorous in runoff comes for five years. The measure also requires Peter Zetterberg, senior analyst of from fertilizers; much more comes from the manufacturer to pay the MPCA $1,000 institutional research and reporting, dish detergent. Barton said the study was to review the proof it provides. The bill, explained the accountability section of conducted under unrealistic conditions on said Lisa Thorvig from the MPCA, is the report by describing several appendices dirt in concrete boxes, instead of on actual necessary because the agency is no longer relating to the University’s appropriation lawns near lakes. Sen. Ellen Anderson required to review new technology due to
12 cuts in programs last year. She said the Another major change in WIF policy which makes safety auxiliary lights, to MPCA and the manufactures of certain created by the measure, S.F. 3177, is the increase its sales. Tomassoni said safety ISTS systems had worked out the agree- shift from grants to 0 percent loans to fund lights are mandated on cars and trucks and ment so the ISTS companies could get non-rural development WIF projects. should be on snowmobiles as well. approval without overburdening the Kuhlman said the use of loans and the Bert McKasy representing Arctic Cat, agency. The bill was okayed and re- establishment of a WIF revolving fund a snowmobile manufacturer, said that his referred to the Finance Committee. will help communities finance needed company only sold 80 auxiliary lighting The fourth and final bill the members improvements without creating an systems last year. The committee set the recommended to pass was S.F. 2575, incentive for over-design. bill aside for more discussion later. authored by Sen. Leonard Price (DFL- The WIF measure, which included Tomassoni also presented a bill, S.F. Woodbury). The bill indemnifies local several other modifications, was approved 3054, that extends the deadline for governments operating hazardous waste by the committee and re-referred to the contractors applying for reimbursements management programs. The bill specifies Finance Committee. from the petrofund. “It allows people who that local government’s right to indemnity Sen. Ellen Anderson (DFL-St. Paul) did work in a timely manner, but didn’t do is not a waiver of the limitations, defenses, brought before the committee a bill, which the paper work in a timely manner, to be and immunities available to either the she called the first attempt to limit reimbursed for the work they did,” he said. local government or the state by law. persistent bioaccumulative toxins (PBTs) The committee endorsed the bill and in Minnesota. PBTs, she said, are cancer moved it to the Finance Committee. WIF changes approved causing pollutants such as mercury and The members also approved a measure The Wastewater Infrastructure Fund dioxin. The measure, S.F. 2311, limits a presented by Sen. Yvonne Prettner Solon (WIF), which is used to finance the major source of PBTs, she said, by restrict- (DFL-Duluth). The bill allows the West development of sewers across the state, is ing the use of burn barrels to dispose of Lake Superior Sanitary District to be modified in several ways under a measure garbage on farms. The bill exempts farms considered for MMSW payments. She said the sanitary district has not been eligible okayed by the Environment and Natural where regularly scheduled pickup of solid waste is not available and that have been for payments because it is not considered a Resources Committee, when the group met given permission by county boards to burn county, even though the counties in the Tue., Feb. 19. garbage. Anderson said that by allowing district are not qualified to receive the The bill that makes the WIF changes, the county board to permit burning, the payments. The measure, authored by Sen. authored by Sen. Dennis Frederickson (R- bill maintains and preserves local author- Douglas Johnson (DFL-Tower), was New Ulm), is based upon the recommen- ity. advanced to the floor. dations from the Public Facilities Author- Paula Maccabee from the Sierra Club Sen. Kenric Scheevel (R-Preston) ity (PFA). Terry Kuhlman from the PFA said the measure will help farmers to offered a bill that limits the prohibition on said one of the greatest changes is that, control the quality of beef. She said beef is the release of dangerous chemicals into the under the bill, WIF assistance is given to currently the greatest source of ingested water supply if it is caused by “an act of cover the project costs that exceed 10 dioxins and farmers are helpless to God.” He said the bill is needed to limit percent of an area’s property values, improve the quality of their meat if their the liability of farmers who apply fertilizers instead of 10 percent of a community’s neighbors choose to burn their garbage. but have their field washed out shortly median income, which had previously She also said burning garbage, according thereafter by a sudden storm. Duane been the standard. Kuhlman said the to the Minnesota Dept. of Commerce, Johnson, Douglas County feedlot officer, change is needed because the census data emits as much dioxin as the equivalent of said that the bill is needed to clarify the on median household incomes is now 10 80,000 to 160,000 municipal waste very ambiguous situations that occur when years old. combustors. pollutants enter the water supply even Sen. Pat Pariseau (R-Farmington) said The members voted to approve the when farmers do everything within their that the value difference between residen- bill and re-referred the measure to the power to prevent it. tial and farm land might skew the PFA’s Agriculture, General Legislation and The bill also prohibits the construc- formula. Kuhlman said that because the Veterans’ Affairs Committee. tion or use of new open air swine basins, new formula would not apply to rural Sen. David Tomassoni (DFL- but exempts facilities using basins of less development WIF grants, most standard Chisholm) brought a measure to the than 1 million gallons as part of a permit- WIF program grants will not be affected by committee that requires snowmobiles to ted water treatment program for resolving the value of farm land. Senators Jim have auxiliary lights. Al Lakoskey, from pollution problems. The bill was laid over Vickerman (DFL-Tracy) and Anthony Snow Glow, Inc., said the lights are needed for more consideration. “Tony” Kinkel (R-Park Rapids) said the because currently most snowmobiles only new formula might result in misrepresenta- have lights that stay on only when the key Finance tion of the wealth of people living on lake is in the ignition, making it impossible to property, which has significantly increased leave the lights on when the snowmobile Bonding bill okayed in value over the past ten years. Kuhlman has to be left in an emergency. No snow- When the Finance Committee said the value of the lakeshore property is mobile manufacturers currently puts safety convened Thurs., Feb. 14, the members more closely proportional to the increased lights on snowmobiles, he said. approved what will be the state’s largest cost of putting in sewers near lakes, than Sen. Steve Dille (R-Dassel) said the bonding bill ever if the measure becomes the incomes of people who live on lakes. bill seemed to be an effort by Snow Glow, law.
13 Committee update “The bill is larger than normal,” the bill’s author Sen. Keith Langseth (DFL- Glyndon) said, “because of its economic stimulus element. It’s the best time to bond. Interest rates for the state are only about 4 percent.” The bill’s final cost of $1.12 billion exceeds the governor’s recommendation of $854 million. The measure, he said, funds 100 percent of the University of Minnesota and the Minnesota State Colleges and Universities bonding requests. The majority of the higher education spending is for asset preservation and repairs. The bill includes $25 million for a new laboratory at the University of Duluth and $30 million for a new science building the Minnesota State University in Winona. The second largest category of bonding appropriates is the Department of Natural Resources, which receives $32 million for state park initiatives, $28.5 million for flood mitigation projects, and funding for other programs. Projects for the arts are appropriated $35 million in the bill, $30 million of which is for the construction of a new Guthrie Theater. Langseth purposed an amendment that authorizes $7.8 million of bonding for Former Minnesota Viking Joe Senser appears before the Health and Family Security Minnesota Public Television. The money, Committee Wed., Feb. 20, to voice his opposition to a bill presented by Sen. Jane he said, is needed to complete the transi- Ranum (DFL-Mpls.), right, intended to place a moratorium on the development of tion to digital television, which is feder- children’s orphanages. Senser has firsthand experience with such institutions as both ally mandated. The committee approved a child at and manager of the Milton Hershey School in Hershey, Pa. the changes and added them to the bill. Photo by David J. Oakes Numerous other technical and minor condition of the patient falls within the was approved and re-referred to the amendments were added to the bill, none protocol and the protocol specifies the Finance Committee. of which significantly changed the amount circumstances under which the drug is to Sen. Bob Lessard (IND-Int’l. Falls) of the appropriation of bonding proceeds. be given. It permits a nurse to implement a carried S.F. 2768, which makes modifica- The members recommended the bill to protocol that does not reference a specific tions to the prepaid medical assistance pass and advanced the measure to the patient for the administration of a vaccine program (PMAP) and the county based floor. under the same conditions as the legend purchasing program. The bill adds a drug protocol, with the added condition county based purchasing entity to the Health and Family Security that the protocol specify the definition of demonstration provider and contraindications for giving the vaccine changes the deadline for which Itasca Several bills approved and the conditions under which the County can participate as a demonstration Members of the Health and Family vaccine should not be given. The bill was provider for PMAP to July 1, 2007. Security Committee, chaired by Sen. approved and sent to the Senate floor. Kent Peterson, from the Minnesota Dallas Sams (DFL-Staples), met Mon., Feb. Wiener also carried S.F. 3006, which Department of Health, said the department 18, to hear several bills. creates a waiver until July 1, 2007, to was opposed to the bill. He said the Sen. Deanna Wiener (DFL-Eagan) become certified as an advanced practice changes in the bill were unnecessary and carried S.F. 3005, which describes certain registered nurse if the petitioner is a had a fiscal impact as well. Karen protocols for nurses for administering clinical nurse specialist who is academi- Campbell, from Itasca County, said current prescription drugs and vaccines. The bill cally prepared as a clinical nurse specialist law is a duplicative process that requires permits a registered nurse to implement a in a specialty area for which there is no unnecessary work. Without the changes in protocol that does not reference a specific certification. The bill also sets criteria for the bill, she said, the county will spend patient and results in the administration of the waiver process and establishes criteria more time on compliance issues, paper- a legend drug, if the protocol has been the clinical nurse specialist must meet work and reporting, which will involve given by a licensed practitioner, the before a waiver may be granted. The bill more staff time. Sen. Sheila Kiscaden (R-
14 Rochester) moved to delete the section of Sen. Dan Stevens (R-Mora) carried Institution moratorium debated the bill dealing with rules and enforce- S.F. 2865, which changes the expiration Members of the Health and Family ment and keep just the section extending date for a temporary occupational therapy Security Committee, chaired by Sen. the current deadline. Lessard agreed to the license from 10 weeks to 6 months. The Dallas Sams (DFL-Staples), met Wed., Feb. move and the amendment was adopted. bill was approved and sent to the Senate 20, to hear a bill imposing a moratorium The bill was approved and sent to the floor. until July 1, 2004, on the establishment, Senate floor. Sen. Leo Foley (DFL-Coon Rapids) licensure and public financing of large Sen. Steve Kelley (DFL-Hopkins) carried S.F. 3124, which modifies a institutions for children. The bill also carried S.F. 3026, which requires the number of provisions in the new nursing requires the Department of Human Board of Medical Practice to regulate facility resident classification system Services to study the needs of children and interstate telemedicine services. The bill adopted by the 2001 Legislature and families and recommend the most appro- expands the definition of “health record” scheduled for implementation later this priate care options for them. to include all information created, stored year. The measure modifies the criteria The bill, S.F. 2877, was carried by or transmitted during the delivery of used to determine if a resident is receiving Sen. Jane Ranum (DFL-Mpls.). Ranum telemedicine services and governs registra- special care, is in a clinically complex said 2 such facilities were recently built in tion requirements, amends language status or is exhibiting behavior problems. Minneapolis and in Faribault, and out of defining the unlawful practice of medicine The bill expands the definition of special 144 available beds in the 2, only 18 are to legalize interstate telemedicine in care and behavior problems and modifies currently filled. As a result, she said the compliance with the bill. The bill also clinically complex status by adding a need to build large institutions must be establishes requirements for physicians number of conditions and deleting others. questioned. Ranum also said the state must from another state providing out of state The bill also changes the manner in which examine how the needs of homeless telemedicine services in Minnesota. Kelley a nursing facility must report its choice of children are best met. said the bill allows physicians from reimbursement option for residents who “It’s about what’s in the best interest of another state to practice telemedicine in stay in the facility for less than 14 days and our children,” she said. Minnesota without requiring them to changes the manner in which a facility Joe Kroll, executive director of the obtain a Minnesota license. He said it sets must report its choice between two options North American Council on Adoptable up a relatively easy way to receive access of their case mix classification. Foley Children, said adoption–which is increas- to health care and allows Minnesota to be offered an amendment dealing with ing immensely, he said–meets the needs of a model for other states. I think we want to staffing standards, which was adopted. The children much better than does a large set the model that says instead of being bill was approved and sent to the Senate institution. He said that 64 percent of all restrictive we should enable things.” he floor. children adopted are adopted by their said. Foley also carried S.F. 3126, which foster families and 16 percent are adopted Kiscaden said she had concerns with makes a number of technical modifica- by relatives, meaning 80 percent are the definition of telemedicine in the bill. tions to the state health care programs. The adopted by people they know. However, The bill defines telemedicine as being bill was approved and sent to the Senate large institutions, he said, don’t provide when the “physician is not in the physical floor. children with the opportunity to get to presence of the patient.” She said it needed Members also re-referred several bills know adults. He said adoption and to include a reference to “electronics”, or to the Finance Committee. Because the guardianship are providing what homeless by definition, a physician could simply be bills mostly dealt with money issues children need. in the next room. instead of policy issues, they were not Dakota County Community Services Kelley said another section of the bill discussed but simply moved on. The bills Director Dave Rooney echoed Kroll’s requires the physician to be in another were: S.F. 2518, carried by Sen. Don sentiments. He said he researched the need state and must not have in office in the Samuelson (DFL-Brainerd), increasing after Mary Jo Copeland, of Sharing and state. He also said he didn’t want to be allocations to counties for mentally Caring Hands in Minneapolis, proposed specific about a certain technology in retarded semi-independent living services; building a large institution–called Mary’s order to keep the clause open for future S.F. 2840, carried by Sen. Steve Murphy Children’s Home–of 200 beds in Eagan. changes. The bill was approved and sent to (DFL-Red Wing), providing for medical After consulting with several counties, he the Senate floor. assistance hospital payment rate increases; said, he found there was “little need” for Kelley also carried S.F. 3025, which S.F. 3120, carried by Sen. Charles Berg (R- alternative care. modifies registration requirements for Chokio), providing a medical assistance “It is very unlikely that Minnesota speech language pathologists and audiolo- case mix payment rate increase for the alone would need 200 beds,” he said. gists whose registrations have lapsed for Traverse County nursing facility; S.F. “There were serious questions about the more than three years. 3180, carried by Sen. Roger Moe (DFL- need.” The bill allows individuals to apply Erskine), providing for a medical assis- Joe Senser, a former Minnesota for renewal if “the applicant’s credential tance case mix payment rate increase for Viking, who grew up in a children’s home from the Minnesota Board of Teaching or the Norman County nursing facility; and in Pennsylvania, testified against the bill. another jurisdiction has been held in good S.F. 2895, carried by Sen. Dan Stevens (R- He said facilities like the proposed Mary’s standing during the period of three years.” Mora), designating nursing facilities as Home are needed, as Sharing and Caring The bill was approved and sent to the metropolitan facilities for medical Hands serves meals to 800 people– Senate floor. assistance reimbursement purposes. including 200 children–every day. He also
15 Committee update said that it is difficult to place siblings into Responding, Kiscaden said she didn’t S.F. 3331 was carried by Berglin. The foster care, and if placed, they are often want to create a situation where women bill modifies the current access to health split up. are paid to bear children at the highest records statute. The measure was approved “I would love to be able to sit here price. and sent to the Senate floor. and tell you there’s not a need, but there She said that it would be appropriate S.F. 3100, also carried by Berglin, is,” he said. “There are kids who need the to compensate women for lost wages and makes a number of changes to the Medical care.” medical expenses if women want to be Assistance (MA) program. The bill was Sen. Twyla Ring (DFL-North Branch) carriers, but she didn’t want to go beyond also approved and sent to the floor. said she didn’t see a moratorium as any that. Kiscaden authored S.F. 3211, which danger to the work of Copeland. She said Sen. Linda Berglin (DFL-Mpls.) requires the Departments of Human some time needed to be taken to look at carried S.F. 2918, which imposes a 3 year Services and Children, Families and the problem and see what works best. moratorium on the 60 month time limit on Learning, along with other interested “As a state, we have to step back and Minnesota Family Investment Plan (MFIP) parties, to determine which agency can take a broader look at what’s going on in assistance. best develop and administer a pilot our system,” she said. “I really feel it won’t Berglin said it is anticipated that program for consumer directed services to hurt–and it might help–to take a longer approximately 2,700 families will soon deaf-blind individuals. The bill specifies look and take a total look at the broader reach their 5 year time limit for assistance, that the planning must be accomplished picture.” but it is difficult for people to find jobs using current appropriations and be The bill was approved and sent to the now, since the country is in a recession. reported by Jan. 1, 2003. The bill was Senate floor by a vote of 7 to 4. Also, she said due to the Sept. 11 attacks, approved and sent to the Senate floor. Sen. Linda Higgins (DFL-Mpls.) thousands of individuals have lost their authored S.F. 2625, which authorizes jobs and thousands more have had their Jobs, Housing and collaborative reproduction agreements hours reduced, which hurts those on MFIP and embryo agreements. The bill requires because they must be employed for at least Community Development the gestational or surrogate carrier to 25 hours per week to meet requirements. receive counseling before providing her She also said the federal government Workforce restructuring debated services, requires an evaluation of the allows up to 20 percent of MFIP partici- Members of the Jobs, Housing and intended parent(s) by a counselor, pants to be exempt from the 60 month Community Development Committee authorizes compensation for a donor and time limit, which gives the state some came together Fri., Feb. 15, and reviewed requires an embryo transfer agreement and flexibility. the report of the Workforce and Economic collaborative reproduction agreement Trishalla Bell, with the Welfare Development Transition Team, which has between all participants. Rights Coalition and current MFIP researched options for transforming the state government’s role in creating a Attorney Steve Snyder testified in participant, testified in support of the bill. positive economic climate. The team’s favor of the bill. He said the practices She said she sends out approximately 25 recommendations are incorporated into outlined in the bill are already going on, resumes each week but has not been able two bills, authored by Committee Chair but with no guidelines. The bill, he said to obtain a job yet. She said with no moratorium many families will not be able Ellen Anderson (DFL-St. Paul), that will establishes those guidelines. to get out of poverty. Businesses tell her be heard by the committee later in the Sen. Sheila Kiscaden (R-Rochester) they aren’t hiring right now, she said, and session. said she was concerned with the section of others she knows are having the same Morrie Anderson, transition team the bill allowing donors to receive experience. leader, said the group’s findings and “reasonable compensation” for their “I’ve been seeing the same people at recommendations are the result of nine efforts. She said the language was too the work force center for the past 6 months meetings in the past six months, conversa- vague and offered an amendment allowing now,” she said. tions with workforce service consumers the donor, or gestational or surrogate Supporting the bill, Sen. John and providers, staff, unions, educators and carrier to receive payments for reasonable Hottinger (DFL-Mankato) said being able trainers, employers and business owners. counseling, medical and legal fees, to work is contingent on the availability of “We talked to well over 1,000 people transportation, meals and lodging accumu- jobs. Welfare reform, he said, doesn’t work about how to serve Minnesota’s workforce lated in order to receive counseling, in a recession. more efficiently,” he said. The success of medical and legal services. It allows “This is a very reasonable and the transition team, he said, depends on payment for reasonable living expenses responsible reaction,” he said. The bill was the willingness of workforce leaders to act incurred during pregnancy related inca- approved and re-referred to the Finance on its recommendations. pacity and establishes penalties for Committee. In the transition teams’ report, accepting prohibited payments. Berglin also authored S.F. 3098, “Putting It All Together,” the team Snyder said the amendment changes which makes a variety of technical proposes the creation of the Minnesota the bill from facilitating the process to modifications in current law governing Economic Leadership Team (MELT) as terminating it. He wanted to encourage the continuing care programs supervised by the statewide policy board for economic process, he said, and added that the reality the Department of Human Services. The and workforce development. MELT, under is that women will not provide their bill was approved and sent to the Senate the plan, is responsible for developing and services for free. floor. continually updating a strategic vision for
16 the state’s economy, defining and monitor- sota Family Investment Program (MFIP) The first bill presented to the commit- ing a set of economic indicators designed participants. She suggested the executive tee, S.F. 2881, authored by Sen. Richard to assess the overall health of the state’s coordinating group of workforce and Cohen (DFL-St. Paul), states that munici- economy, and providing direction to the economic development agency heads, palities wishing to promote affordable governor, agency commissioners, and other purposed as part of the restructuring, talk housing may establish initial sales prices governing boards. MELT is to be com- with staff on the front lines of welfare to for housing required to be affordable to prised of the governor, who acts as the work programs in order to better under- low or moderate income persons, require chair, business leaders, representatives from stand the limitations of workforce- the affordable property be placed in a land the education system, union and non- centered plans. She said many persons who trust, and limit the maximum income profit leaders, and members of under complete MFIP training get very low paid levels for low-income purchasers of represented communities. jobs, cannot support their families, and get housing for low or moderate income In addition to the creation of MELT, little help in making the next step up to families. the transition team advocates the establish- higher employment. Yet, she said, under a The bill, Cohen said, does not ment of a new agency structure for work centric system these persons are mandate the development of affordable workforce and economic development considered success stories. housing, but rather clarifies cities’ right to departments and offices. The group Several persons from the blind regulate the cost of housing if they chose. recommends consolidating the workforce community testified against moving the “The bill offers direction to municipalities and economic development programs into State Services for the Blind (SSB) to the who are looking for it,” he said. The the Department of Workforce and Eco- new workforce development agency. “The committee recommended that the bill pass nomic Development. The transition team final report from the transition team totally and advanced it to the floor. also advises transferring Disability Deter- disregards what blind people have said Sen. Ann Rest (DFL-New Hope) mination Services to the Department of over and over,” said Joyce Scanlan, offered a measure that goes a step further Labor and Industry (DOLI). Adult educa- president of the National Federation of the by authorizing municipalities to give tion programs currently under the jurisdic- Blind of Minnesota. She said State incentives such as eased density restrictions tion of the Department of Children, Services for the Blind does not fit in the and reduced road width requirements to Families and Learning (CFL) and custom- new agency because it does not exclu- developers who create mixed-income ized training programs offered through sively address the employment needs of the affordable housing. blind. Instead, she said, 4,000 retired blind MnSCU are not to be moved to the new The bill, S.F. 3169, defines mixed people and thousands of blind children, housing developments, which are eligible agency, according to the report, because of who have needs other than job training for incentives, as those that have at least funding issues. The transition team also and placement, are served by the office. 20 percent of all units affordable to noted that the Legislature’s committee Tom Lijewski, chair of the State households earning less than half of the structure does not provide for long term, Rehabilitation Council for the Blind, said area median income or 40 percent or more comprehensive planning in terms of moving SSB will only exaggerate current of the units are affordable to households educational and workforce development problems with the agency, which are earning 60 percent or less of the median issues. caused by a lack of understanding of the income. Other developments which Rebecca Yanisch, Department of needs of the blind by the greater workforce qualify as mixed housing are those with 20 Economic Security (DES) commissioner, department in which it is housed. percent of the units having prices lower said she was concerned about the delay in In addition to debating the merits of than the median sales price for homes in making the recommended changes. workforce program restructuring, members the area or with for-sale units and at least “Workforce development policy making also recommended S.F. 2756 to pass and 20 percent rental units. has been studied and studied and studied,” re-referred the measure to the Judiciary For qualifying mixed housing, under she said, “Delaying changes creates only Committee. The bill allows information to the bill, municipalities are allowed to greater uncertainty within departments be shared between the Department of provide regulatory accommodations, such instead of creating the needed sense of Labor and Industry (DOLI) and the as relaxed standards for permissible height urgency.” Jim Monroe, representing the Department of Revenue. Sen. Don Betzold of developments, size of buildings, size of Minnesota Association of Professional (DFL-Fridley), sponsor of the measure, said yard and open spaces, density, and Employees, said that the extended dead- the bill is necessary so DOLI can track percentage of lot occupied. These regula- line for making changes is needed in order down employees owed money by former tions, said Rest, drive up the cost of to smooth out any rough patches in the employers. housing. But relaxing the restrictions, she transition that might create disruptions in said, is an attractive incentive for develop- service to workers. Housing bills heard ers to build more affordable housing. “Work focused strategies are not for During a marathon hearing Mon., Feb. “The mixed housing outlined in the everyone,” said Carrie Thomas from the 18, the Jobs, Housing and Community bill is not necessarily the most affordable Jobs Now Coalition. She said that al- Development Committee reviewed all of housing,” said Tonja Orr from the Minne- though she commends the effort to better the housing bills the group had before it sota Housing Finance Agency, which has address worker’s needs, there are still many this session. The seven bills addressed written an extensive report on the issue. people whose needs are not being heard in inclusionary housing, homelessness “But,” she said, “to make housing costs any the transition process. For example, she prevention programs, emergency shelter, lower we would have to ask for a govern- said, the purposed MELT membership tenant application fees, carriage house ment subsidy and we aren’t going to get includes no one who works with Minne- ordinances and other housing needs. that right now.”
17 Committee update “The bill doesn’t go nearly far enough must pay for transitional and emergency dollars in screening while looking for to help people earning the lowest in- housing,” Dahl said. “This bill is the price housing. “It’s a tight market,” she said, “and comes,” said Russ Adams from the Alli- tag for not making housing affordable,” he when you have to go from landlord to ance for Metro Stability. He said that the said. Because of the war in Afghanistan, he landlord paying screening fees, the cost bill does not require any city to provide said, there are no longer surplus army can add up fast.” regulatory accommodation because blankets to give to people who are turned Lee Michelson said that he owns the municipalities are exempt if they pass their away from shelters. oldest tenant screening company in the own affordable housing ordinances. Darlene Johnson, from the Housing state, but was never asked for his input on “Mixed housing may bring down the Coalition of the St. Cloud Area, said that the bill. He said he only charges $22.50 for cost of housing,” said Gene Ranieri, “but shelters in her community are experiencing the majority of tenant reports he currently it’s no panacea.” The bill ignores a major a boom of requests for housing. “The provides, but would have to charge triple cause behind the soaring real estate prices, funding for shelters will run out by that amount to give the information Ranieri said, because it does not address March,” she said. She said her estimates did required in the bill. the cost of land. not even figure in the impact of the Craig Miller, an independent land- The committee approved the bill and closing of Fingerhut, which employed lord, said he would now have to do his moved it to the State and Local Govern- thousands of people in St. Cloud. The own statewide criminal background ment Operations Committee. committee recommended the measure to checks on tenants, since it is not required Sen. Ellen Anderson (DFL-St. Paul) pass and forwarded it to the Finance for the standard report outlined in the bill. introduced a measure that, she said, Committee. “It will make my job harder,” he said, “and illustrates the cost to the state if it does not The committee also okayed a measure that will increase rent, plain and simple. If promote affordable housing. Her bill, S.F. which defines accessory dwelling units and the law forbids me from buying a criminal 2656, appropriates $1.1 million for makes them permitted to use in areas zoned background check, I’ll do it myself and homelessness prevention and assistance for either single or multi-family homes. pass the cost on.” programs. “If we don’t invest enough in Sen. Linda Berglin (DFL-Mpls.), author of Anderson said asked whether a affordable housing,” Anderson said, “the the bill, said the measure makes legal the statewide background check costs $90 as result is more homeless families, more use of carriage, guest, and “grandmother” some companies were suggesting. Miller people in shelters, and a rising cost for the houses, and similar detached homes said he only charges $30 to tenants for state, cities and families.” sharing property with larger homes. She checking statewide criminal backgrounds. Michael Dahl, director of the Minne- said such properties can provide an “What we are hearing is all over the sota Coalition for the Homeless, said 7,000 important source of income for landlords charts,” said Sabo. “I don’t know who to people are sheltered each night in Minne- and affordable housing for tenants. Jim believe, but we have to do something.” sota and most of them are children. In fact, Graham, manager of Ventura Village, said The committee approved the bill and he said, the current number of homeless the legalization of accessory dwelling is forwarded it to the floor. kids now surpasses the total number of one of the American Association of Sen. Linda Higgins (DFL-Mpls.) homeless people in the state a decade ago. Retired Persons’ top priorities for the year. offered a one sentence bill relating to More surprising, he said, is the fact that He said elderly people can afford to live at trailer park homes that states “a park owner almost half of homeless adults have jobs. home for four or five years longer if they may not discriminate against a resident By funneling more money into prevention have an accessory dwelling on their because of the age of the resident’s home.” programs, he said, it is proven that the state property. She said the bill does not prohibit park shortens the average length of a spell of The Committee voted in favor of the owners for taking disciplinary actions homelessness and reduces the chances of bill, S.F. 3148, and moved it on to the full against residents whose homes are not in chronic poverty. Senate. proper condition. The bill was okayed and The committee okayed the bill and Sen. Julie Sabo (DFL-Mpls.) authored transferred to the floor. re-referred the measure to the Finance S.F. 3118, which creates standards for Sen. Warren Limmer (R-Maple Committee. tenant screening reports and limits the fee Grove) offered a bill, which the commit- Sen. Yvonne Prettner Solon (DFL- for them to $45. The measure also prohib- tee recommended to pass and advanced to Duluth) sponsored a measure, which she its a landlord to charge a prospective the floor, that removes the requirement for said exemplifies the impact a lack of tenants for a screening reports if tenants mechanical ventilation in the construction homelessness prevention has on the state. can provide one that meets the standards of certain new homes. He said the new Her bill, S.F. 3065, spends $11.4 million and is less than 30 days old. energy codes were getting in the way of the on transitional and emergency shelters for Screening reports, under the bill, must development of affordable housing. homeless people. She said the latest report verify recent employment and income from the Wilder Foundation states that sources, contain references from two past Extended unemployment approved 21,329 people in Minnesota are homeless landlords, detail eviction records and Members of the Jobs, Housing and or precariously housed each night. One in criminal convictions. Community Development Committee seven people who go to shelters are turned Sabo said the bill is needed to prevent gathered on Weds., Feb. 20 and heard away due to a lack of space, she said. landlords from overcharging for screening three measures that extend unemployment “If Minnesota can’t pay for affordable fees and asking for fees from multiple benefits. housing, and Minnesota can’t pay for prospective tenants. She said several One of the bills, S.F. 2856, provides preventative measures, then Minnesota renters have had to invest hundreds of up to an additional 26 weeks of unem-
18 ployment pay to workers who exhaust their worked during the right part of the year.” officer holds under the Commitment Act benefits after Jan., 2002. Sen. David The members voted in support of S.F. to eliminate a requirement that an officer Johnson (DFL-Bloomington) said he is 2857 and sent it to the floor. may hold an individual only if the threat offering both this bill and another that The third unemployment benefits bill of injury to self or others posed by the limits the additional benefits to laid off heard by the committee, S.F. 3128, allows person is “imminent.” As a result, under the airline and Fingerhut employees, because school service employees, such as bus bill a hold may take place if there is a he sees the merits in both limited and drivers, custodians, and cooks, to qualify “danger” that an individual may harm self general extensions of benefits. He said that for unemployment benefits during or others. The bill also amends current law although he prefers that everyone get a summers when they do not work. Sen. to specify that a community-based program longer period of eligibility, the cost might Becky Lourey (DFL-Kerrick) said the may include in-patient mental health be prohibitive and no one would get school districts have to pay for the benefits services at a community hospital. additional benefits. “I don’t want us to by reimbursing the unemployment Nancy Schumacher, representing price ourselves out of helping anyone at insurance fund. Wiedenbach said the bill Citizens Commission on Human Rights, all,” he said. includes University of Minnesota, Minne- testified in opposition to the bill. She said Jack Wiedenbach, director of unem- sota State Colleges and Universities and that the word “imminent” is needed as a ployment insurance, said in the worst case private schools and has a fiscal impact of balancing tool to prevent unnecessary scenario, 60,000 laid off workers will over $100 million. Sen. Martha Robertson holds. Eliminating the word lowers the receive greater benefits under the bill. The (R-Minnetonka) said the cost was equiva- criteria to conduct a hold, she said. cost of which, he said, would be about lent to $100 per pupil in the state. John Milton, co-chair of the Legisla- $398 million, over half of the amount that Sen. Dennis Frederickson (R-New tive Committee of the National Alliance was paid out of the unemployment fund in Ulm) said that because contractors are not for the Mentally Ill, spoke in support of total last year. However, he said, the more required to pay the unemployment the bill. He said current law requiring an realistic estimate is about $200 million. benefits, the bill may add an incentive for imminent danger to be shown is too high Chair Ellen Anderson (DFL-St. Paul) schools to contract out service work. of a criteria. Striking it, he said, allows Lourey said the bill raises important said the measure is a strong safety net to more early intervention to take place issues that need to be discussed, whether or help people through the recession. She before an individual becomes too danger- not the state can afford the extra benefits said she is worried that legislating addi- ous. Steve Gilkerson, from the Champlin tional benefits piecemeal to workers laid this year. The committee recommended Police Department, said drugs and mental off from different businesses will create the bill to pass and re-referred the measure health are the two biggest issues in his inequalities and harm workers laid off to the Education Committee. dealings with runaway youth. Janice Allen, between sessions, when more benefits Paid parental leave, which is currently from the Anoka County Attorney’s Office, cannot be authorized through legislation. available only to birth parents to enable Sen. Julie Sabo (DFL-Mpls) said extended them to attend parent teacher conferences also spoke in favor of the bill. She said benefits are not equally needed by all laid and other school events, is extended to many times police officers have difficulty off workers because in some industries and foster care parents by S.F. 2456. Anderson, establishing an “imminent” danger because areas workers can find new jobs more sponsor of the bill, said the measure allows when they arrive at a scene the individual easily than in others. Airline employees, foster parents to take up to 16 hours of in question may have calmed down. on the other hand, may need to move to a paid leave for school events per year if Striking “imminent,” she said allows police whole new industry, she said. The commit- arrangements are made beforehand with officers to take action. tee recommended S.F. 2856 to pass and their employers. The members okayed the Sen. Sen. Leo Foley (DFL-Coon forwarded it to the floor. bill and sent it onto the floor. Rapids) said he had concerns with the bill. David Johnson’s other unemployment S.F. 2960, presented by Sen. Debbie He said that while he understood there are measure, S.F. 2857, changes the require- Johnson (R-Ham Lake), prohibits employ- serious challenges when dealing with ments for eligibility for unemployment. ers from penalizing their employees from runaway youth, many times they aren’t The measure adjusts the time period that missing up to 40 hours of work each year held for reasons of mental health, but the unemployment insurance program due to volunteer firefighter duties. The simply to prevent them from running away. reviews to determine whether a worker has committee endorsed the measure and As a result, he said he had “real problems” worked long enough or made enough referred it to the floor. with the bill. money to qualify for unemployment. Sen. Sheila Kiscaden (R-Rochester) Wiedenbach said the change qualifies Judiciary said a problem in Minnesota is that many about 3,000 workers for benefits and cost times families are unable to access the $9 million in unemployment insurance Commitment bill debated services they need for family members funds. Members of the Judiciary Committee, until they have severe problems. While Brad Lehto, representing the AFL- chaired by Sen. John Marty (DFL- many people have frustrations regarding CIO, said, “The 3,100 workers who did not Roseville), met Thurs., Feb 14, to hear a the abuses of the mental health system, she get benefits because their employment bill regarding the civil commitment of said, many families also have frustrations during the reviewed time period did not individuals. because they are unable to access mental qualify them have felt a great impact. The bill, S.F. 2457, carried by Sen. health services for people in their family. They were disqualified not because they Linda Berglin (DFL-Mpls.), amends She said she is comfortable lowering the had not worked, but because they had not current law dealing with peace or health criteria.
19 Committee update Kiscaden also said the bill allows law and embryo agreements. The bill requires women are going to do this unless they get enforcement officials to make judgements the gestational or surrogate carrier to paid.” and to take individuals for evaluation. receive counseling before providing her Sen. Don Betzold (DFL-Fridley) said Sen. Thomas Neuville (R-Northfield) services, requires an evaluation of the in many cases of surrogacy things go wrong, offered an amendment specifying that the intended parent(s) by a counselor, like the surrogate changes her mind. Even individual must be in danger of harming authorizes compensation for a donor, if the bill doesn’t pass, he said, the practice self or others “if not immediately de- requires an embryo transfer agreement and of surrogacy will still go on, but without tained.” The amendment also changes the collaborative reproduction agreement guidelines. language to state that a court may order a between all participants, establishes The bill was laid over for further hold if there is danger of physical harm if proceedings for judicial approval of the discussion. not “immediately” apprehended and agreements and requires the intended Sen. Jane Ranum (DFL-Mpls.) carried changes language allowing an individual to be “restrained” to allowing an indi- parent(s) to cover all medical costs S.F. 2839, which deals with Juvenile Court vidual to be “detained.” The amendment incurred by the donor. judges in Hennepin and Ramsey Counties. was adopted. Sen. Don Betzold (DFL- Tom Prichard, from the Minnesota The bill repeals current law stating that the Fridley) moved to delete two sections, Family Council, testified in opposition to chief judge in the district may designate a which eliminates the sections regarding the the bill. He said the bill redefines the judge to hear juvenile court cases as a “imminent” danger and “imminent” concept of motherhood in a significant principal or exclusive assignment for no physical harm. The amendment was not way and encourages the re-definition of more than six years out of a 12 year period. adopted. family creation. The result, he said, is the The bill also repeals current law stating Foley moved to send the bill to the decreasing of the link between children that the incumbent District Court juvenile floor without recommending it to pass. and their parents. Prichard also said the judge is a judge of the District Court The motion was adopted. bill promotes the concept of “designer subject to the administrative authority and Sen. Linda Higgins (DFL-Mpls.) kids” and makes children become com- assignment power of the chief judge of the authored S.F. 2625, which authorizes modities to be bought and sold. “You are, district. The bill was approved and sent to collaborative reproduction agreements in essence, baby selling,” he said. “Very few the Senate floor.
Young members of the Asian Pacific community listen to a speaker in the Capitol rotunda, Tues., Feb. 19, as part of the Council on Asian Pacific Minnesotans Day at the Capitol. Photo by David J. Oakes
20 Sen. Charles Wiger (DFL-North St. physical examination if it is believed that medical information. The bill prohibits an Paul) carried S.F. 1030, also called the the person is infected with a communi- employer who has received health record National Crime Prevention and Privacy cable disease or may have been exposed to information from an employee from Compact. The bill was originally ap- a toxic agent for which the emergency was disclosing the information without written proved by the federal government in 1998, declared and allows the testing of any consent of the employee. Limmer said the and has already been ratified by 14 states, individual and the collection of specimens bill address an issue that has eluded Wiger said. It is intended to facilitate the from any living person. The bill allows the legislation so far. exchange of criminal history records for commissioner of health to share data with Bob Tracy, from the Minnesota AIDS noncriminal justice purposes between the the appropriate governmental and tribal Project, spoke in support of the bill. He states and the federal government and must authorities if it is determined that access said many times employers received be passed by all 50 states for ratification he will aid public health, promote safety or medical information that is confidential said. According to Wiger, the bill allows assist law enforcement, authorizes law and it is necessary to ensure that the fingerprints and other information to be enforcement agencies to share criminal information remains respected. He said processed more efficiently. The bill was investigative data with the commissioner if sometimes people with illnesses that have approved and sent to the Senate floor. either the agency or the commissioner a stigma find that their rights are not Betzold carried S.F. 2448, which believes that the data indicate a possible always protected. allows the commissioner of the Depart- threat of bioterrorism, chemical or Betzold asked if it shouldn’t be ment of Public Safety to disclose personal radiological terrorism and requires the disclosed if someone has a disease such as information when the use is related to the reporting of actual cases, or suspected tuberculosis, which can spread to others. operation of a motor vehicle or public cases, of persons dying from a disease or Responding, Lynn Mickelson, attorney for safety. The bill was approved and sent to infectious agent. The bill also allows the the Minnesota AIDS project, said that the Senate floor. commissioner of health to review medical kind of instance is already covered in Betzold also carried S.F. 2758, which records to investigate cases of exposure to current law and that there is an exception makes technical changes to tax data a qualifying health condition, requires a for health threats in the bill. Kiscaden said classification and disclosure provisions. written record to be kept by the individual that the phrase “health record information” The bill was approved and re-referred to in charge of the body of anyone who has was too broad and could even include the Tax Committee. died from a communicable disease and information obtained in a casual conversa- Marty carried S.F. 2795. The bill requires the commissioner to notify the tion or regarding something like the ‘flu. modifies current law dealing with the appropriate federal and local authorities Limmer said the language of the bill authority of the chief administrative law when the commissioner learns of a case of was taken from the procedures medical judge to adopt policies and provides a qualifying health condition or suspicious providers use to handle their health record sanctions for intentional and frivolous event with possible connections to information and disclosure related items. delay caused by a party in a human rights terrorism. “We do have a little bit of a responsi- proceeding. The measure adds specific Twila Brace, from the Citizens bility to hold medical information authority to impose fines, attorney fees and Council on Health Care, testified regard- private,” he said. The bill advanced to the costs as part of any sanctions. Also, the bill ing her concerns with the bill. She said the full committee. gives the Department of Human Rights, a bill allows health data to be taken and Ranum carried S.F. 3111, which deals charging party or respondent standing to distributed without a search warrant and with the statewide juvenile court supervi- petition the chief administrative law judge includes such broad terms as “imminent sion system. The bill requires the Juvenile for an order imposing sanctions. The bill threat” and “believed.” Brace said the bill Court to forward specific information in was approved and sent to the Senate floor. includes too many undefinable or vague juvenile petitions for individuals under words and phrases. supervision by probation agencies or in an Emergency powers act discussed Sen. Jane Ranum (DFL-Mpls.) asked out-of-home placement to the statewide Members of the Judiciary Subcommit- at what point confidential information supervision system. It also requires the tee on Data Practices, chaired by Sen Don becomes private. She said she had “huge Department of Corrections, instead of the Betzold (DFL-Fridley), met Mon., Feb. 18, issues” with the bill and that it was moving Bureau of Criminal Apprehension, to to discuss the Minnesota Emergency too rapidly. Sen. Sheila Kiscaden (R- maintain the supervision system, adds a Health Powers Act. Rochester) asked if it was possible to reference to juvenile data and directs the The bill, S.F. 2669, carried by Sen. include sunset language in the bill in order data to be accessible to all trial and John Hottinger (DFL-Mankato), clarifies to review it several years from now. appellate courts, not just District Courts. the process and outlines the requirements Hottinger said he has heard “mixed Limmer said he was concerned that necessary for declaring a public health reviews” regarding the bill and that a something an individual has never been emergency. The bill also provides a list of number of people continue to have charged with will be kept on a juvenile’s the powers and duties of the commissioner concerns with it. He said he will continue record. He said he understood that it is of health in a declared emergency. to analyze the bill as it moves along. The appropriate to look for “flags” in a Members, however, limited their discus- bill was referred to the Judiciary Commit- juvenile’s life to prevent future trouble sion to the data privacy provisions of the tee without recommendation. and to make sure they get the attention bill. Sen. Warren Limmer (R-Maple they need, but he said he wondered what Regarding privacy issues, the bill Grove) carried S.F. 3074, which deals with the appropriate threshold for information requires that individuals submit to a employee consent of the disclosure of was. Dan Storkamp, from the Department
21 Committee update of Corrections, said a lack of information applicants, clarifies state and federal under which public meetings may be can lead to unfortunate situations in the criminal history background check closed to discuss security issues. Ranum future. The bill was approved and referred procedures for conditional employees of said after the events of Sept. 11 last year, it to the Judiciary Committee. licensed private detective or protective became clear that some government Sen. Leo Foley (DFL-Coon Rapids) agents, allows the Alcohol and Gambling meetings needed to be closed in order for carried S.F. 3097, a bill relating to child Enforcement division of the Department of attendees to discuss security weaknesses support privacy issues. The bill extends the Public Safety to require the fingerprinting and steps taken to correct those weak- date of a provision enacted last year of wholesale liquor manufacturers and nesses. Minneapolis City Council Member authorizing the exchange of data on wholesalers liquor license applicants for a Barret Lane, speaking in support of the participants in the noncustodial parent national criminal history background bill, said “The public is well served by the program for purposes of evaluating the check and allows the division to require open meeting law, but openness must be program from Aug. 1, 2002 to Aug. 1, the fingerprinting of retail liquor license balanced with security responsibilities.” 2005. The bill was approved and referred applicants for a national criminal history Much of the discussion on the bill to the Judiciary Committee. background check. The bill was approved centered on the status of financial disclo- Sen. Sandra Pappas (DFL-St. Paul) and referred to the Judiciary Committee. sure of matters discussed in the meetings. carried S.F. 3175, which amends the Betzold carried S.F. 3231, a bill that Ranum said the bill specifies that financial education data statute to authorize the amends current licensing data law to issues related to security matters must be release of education data for the purpose exclude nondesignated addresses from the discussed and all related financial deci- of verifying information about eligibility list of application data that are public. sions must be made at an open meeting. for free and reduced price school meals or Current law requires an applicant to The bill also provides for the tape record- other meal benefits. Other data sharing designate a residence or business address at ing of the closed meetings. Mark Anfinson, provisions are included in the Departments which the applicant can be contacted. The speaking for the Minnesota Newspaper of Human Services, Health, Economic bill was approved and referred to the Association, said the data from the Security, Housing, Finance and Children, Judiciary Committee. meetings defaults to the Data Practices Families and Learning to confirm eligibil- S.F. 3167, also sponsored by Betzold, Act. ity status for meal benefits and to certify amends current law requiring the commis- Members considered a four-part individuals for meal benefits. The bill also sioner of corrections to determine whether amendment, offered by Sen. Leo Foley amends current law to expand a provision a petition of civil commitment as a sexual (DFL-Coon Rapids). The first portion of that authorizes the sharing of data with the psychopathic personality or sexually the amendment deletes a phrase in the Department of Children, Families and dangerous person is appropriate when measure allowing individuals in the closed Learning to include all purposes related to certain inmates are released from prison. meetings to discuss financial information. federal and state funds that are distributed The bill gives the commissioner access to Members determined that the other based on income, rather than limiting it to private medical data or welfare data that language in the bill is clear that the eligibility for free and reduced price meals relate to the medical treatment of the financial matters must be discussed at an and meal supplements and free milk. offender, private and confidential court open meeting and Foley withdrew that Pappas said the bill is meant to reduce the services data, private corrections data and portion of the amendment. The second paperwork burden. The measure was private criminal history data. The bill was portion of the amendment, requiring the approved and referred to the Judiciary approved and referred to the Judiciary public body to make the decision to close Committee. Committee. a meeting at a public meeting, was Betzold carried S.F. 2756, which Betzold also carried S.F. 1372, which amended by Sen. Thomas Neuville (R- amends current law allowing the sharing of modifies provisions dealing with child Northfield), to also specify that the body data between the Departments of Labor maltreatment data. The bill requires that identify the specific threat to public safety and Industry and the Department of data that would identify an individual that exists. Both the amendment to the Revenue to exchange taxpayer identity who has made a voluntary or mandatory second portion of the amendment and that information relating to tax administration report of alleged maltreatment of a child portion of the amendment were adopted. and workers compensation laws to allow are confidential data wherever that data The third portion of the amendment sharing for purposes of minimum wage law appears in various reports. The bill also clarifies that the tape recording of the and general employment provisions as specifies that an alleged or actual perpetra- closed meeting becomes public data two well. The bill was approved and re- tor of maltreatment may compel disclosure years after the date of the closed meeting referred to the Judiciary Committee. of the identity of the reporter only with the unless it has been released sooner or unless Betzold carried S.F. 3045, which consent of the reporter. The bill was the public body obtains a protective order authorizes the Fourth Judicial District to approved and referred to the Judiciary showing that the release of the recording extend the domestic fatality review team Committee. would cause harm to public safety. In pilot project until Dec. 31, 2004. The bill addition, the third portion of the amend- was approved and referred to the Judiciary Anti-terrorism bills heard ment specifies that the recordings be kept Committee. Two anti-terrorism initiatives domi- for four yeas. The amendment was Betzold also carried S.F. 2949, a bill nated debate at the Tues., Feb. 19, meeting adopted. The final portion of the amend- that conforms state law with federal laws. of the Judiciary Committee. The first ment changes the sunset of the bill from The measure provides for national history measure, sponsored by Sen. Jane Ranum June 30, 2005, to June 30, 2004. The criminal checks on school bus driver (DFL-Mpls.), outlines the conditions amendment was also adopted.
22 Sen. Warren Limmer (R-Maple include the definition of “facility” from a and state’s share of the construction costs. Grove) offered an amendment specifying previous version of the bill. The amend- The revenue from the sales tax and ticket that a reason for closing meetings could ment was adopted. The bill was approved surcharge would pay the debt service on not be emergency response procedures and re-referred to the Finance Committee. the bonds, Wiger said. Once the bonds are related to medical treatment, health Members also approved S.F. 2838, the paid, the tax and surcharge will end, he surveillance or quarantine of individuals. bill authorizing the closing of public said. “If we walk away, we will lose major Members delayed action on the amend- meetings, authored by Sen. Jane Ranum. league baseball in Minnesota,” said St. ment, and the bill, until the panel had An amendment, offered earlier in the day Paul Mayor Randy Kelly, “However, I acted on a bill dealing with public health by Limmer, was not considered. The bill believe this legislation will save baseball emergencies caused by terroristic action. was sent to the Senate floor. in Minnesota.” Other representatives from The panel, chaired by Sen. John Earlier, members also approved a bill city government, labor groups and the Marty (DFL-Roseville), then turned their authorizing collaborative reproduction business community gave testimony in attention to S.F. 2669, the Minnesota agreements. S.F. 2625, authored by Sen. support of the bill. Emergency Health Powers Act. The bill, Linda Higgins (DFL-Mpls.), was re-referred “A year ago, voters in my area said sponsored by Sen. John Hottinger (DFL- to the Health and Family Security Com- don’t come back home if you vote for a Mankato), modifies provisions for mittee. Members had had extensive stadium,” Vickerman said, “Now they say, declaring national security and peacetime discussion on the bill at an earlier hearing. ‘don’t let those Twins leave.’” public health emergencies. Members An amendment was adopted that clarified Speaking in opposition to the stadium adopted an amendment that considerably provisions dealing with compensation and proposal was Dan McGrath from Progres- narrowed the scope of the original bill. determination of parentage. sive Minnesota, who said the voters have The amended bill provides definitions for Members also advanced several other been clear in their opposition to a sales tax a public health emergency and a qualify- bills. S.F. 2814, authored by Sen. Steve for a stadium. “It’s bad public policy, and ing health emergency, includes public Murphy (DFL-Red Wing), authorizes an even worse process,” McGrath said, health emergencies under existing emer- cooperatives to conduct votes by elec- “There’s no reason for voters not to be gency powers statutes in order to provide tronic means. The bill was approved and heard on this issue.” clear lines of authority for the governor recommended for placement on the Vickerman offered an amendment and provides for a study to be done in Consent Calendar. S.F. 1000, carried by that directs all revenue from the naming order to make recommendations for other Sen. Dan Stevens (R-Mora) was also rights for the stadium toward debt service changes to manage emergencies or protect recommended for placement on the on any bonds associated with the project. public health. Consent Calendar. The bill restricts the The amendment was adopted. Sen. Hottinger said, “The goal of the bill is sale of property acquired by eminent Lawrence Pogemiller (DFL-Mpls.) said as a to provide clear processes to deal with domain to a private person. member of the Tax Committee, the bioterrorism and, at the same time, to A bill, S.F. 3074, authored Limmer, stadium won’t be a priority. “There isn’t provide oversight.” Commissioner Janet clarifying the prohibition on the release of going to be much discussion about a Malcolm, Dept. of Health, said the bill medical record information, was also stadium until affordable housing is clarifies that a public health emergency approved and sent to the Jobs, Housing addressed,” Pogemiller said. The bill was may trigger the emergency powers already and Community Development Committee. approved as amended and referred to the in statute. Tax Committee without a recommenda- A number of individuals testified State and Local Government tion. against the bill. Twyla Brace, representing Sen. Ellen Anderson (DFL-St. Paul) the Citizens Council on Health Care, said Operations carried S.F. 2656, a proposal for commu- the language in the bill is too broad, the nity ownership of the Twins baseball descriptive words in the measure are vague Stadium bill debated franchise. The bill specifies that the Twins and that the bill has constitutional The State and Local Government be 75 percent publicly owned, and 25 problems. Operations Committee, chaired by Sen. percent owned by a private management Hottinger responded that the measure Jim Vickerman (DFL-Tracy), met Thurs., group that would oversee the day-to-day cannot spell out in precise terms the kinds Feb 14, to discuss several bills. Sen. operations of the team. “It’s the correct first of events that might trigger a health Charles Wiger (DFL-North St. Paul) step to take before a stadium bill would be emergency. carried S.F. 2539, a bill that allows the city accepted.” said Anderson. The bill was Members adopted several amend- of St. Paul to seek funding for a new major recommended to pass and referred to the ments. Sen. Sheila Kiscaden (R-Rochester) league baseball park. “St. Paul has a dream floor. offered an amendment requiring the study for bringing baseball home,” Wiger said, Sen. Richard Cohen (DFL-St. Paul) to include an assessment of how the levels “The bill allows St. Paul to step up to the carried S.F. 2881, a bill that provides of risk can be categorized and how the plate and become the home of the Twins.” direction to municipalities to promote the level of perceived risk relates to emer- Wiger explained the bill allows the city to availability of affordable housing. Russ gency responses. The amendment was implement a 3 percent sales tax on food, Adams, director, Alliance for Metropoli- adopted. The panel also adopted an beverages and entertainment in the city, to tan Stability, said the bill was created after amendment, offered by Neuville, estab- activate a $1 surcharge on every ticket consultation with municipalities and lishing a biological agents registry. sold at the new ballpark, and the ability to builders. The intent, he said, is to raise the Neuville also offered an amendment to issue bonds sufficient to cover the city’s comfort level of municipalities when
23 Committee update discussing affordable housing, provide Hennepin County to pay its reserve good thing. The bill was recommended to regulatory relief for the municipalities, and workers longer than the 15-day period that pass and referred to the floor by a 7 to 6 facilitate interaction with developers to currently exists. The bill was laid over to vote. maintain availability and affordability of wait for language that reflects employee Sen. Lawrence Pogemiller (DFL- low-income housing. Cohen offered a benefits as well. Another Betzold bill, S.F. Mpls.) carried S.F. 2930, the ongoing language clarification amendment that was 2757 was recommended to pass and authorization for bonding for transit needs. adopted. Sen. Dan Stevens (R-Mora) said referred to the floor. The bill concerns Natalio Diaz from the Metropolitan he was afraid the bill limits a person’s right contested case procedures and focuses on Council said the bonding request is for to build equity and to sell to whomever establishing the finality of an administra- $50 million, with an inflation adjustment the person chooses. Sen. Myron Orfield tive law judge’s decision. in subsequent years. The bill was recom- (DFL-Mpls.) replied that the bill merely Vickerman carried S.F. 2945, a bill mended to pass and re-referred to the Tax clarifies a city’s right to do affordable that changes the Nobles County auditor- Committee. Sen. Dan Stevens (R-Mora) housing. Jack Horner from the Minnesota treasurer and recorder positions from carried S.F. 2834, a bill that makes the Multi-Housing Association said his elected to appointed. The bill was Steele County recorder an appointive organization has no position on the matter. approved and sent to the floor. position. Several Steele County represen- The bill was approved as amended and re- tatives were present in support of the bill. referred to the Jobs, Housing and Commu- Labor contracts narrowly ratified The bill was recommended to pass and nity Development Committee. The State and Local Government placed on the Consent Calendar. Orfield Sen. Lawrence Pogemiller (DFL- Operations Committee, chaired by Sen. carried S.F. 3147, a bill that simplifies and Mpls.) carried S.F. 2531, a bill that Jim Vickerman (DFL-Tracy), convened streamlines affirmative action programs in clarifies language relating to the Minne- Tues., Feb. 19, to discuss several bills, Minnesota. Amongst the changes in the apolis Firefighters Relief Association that mostly notably legislation ratifying the bill, Orfield explained, the state switches prohibits individuals from collecting from an 8-factor analysis to a 2-factor collective bargaining agreement for state pension benefits improperly. The bill was analysis when evaluating employment labor contracts. Sen. Linda Scheid (DFL- approved and recommended for place- practices. Michael Watts from the Depart- Brooklyn Park) carried S.F. 3041, a bill ment on the Consent Calendar. ment of Employee Relations (DOER) said that ratifies the collective bargaining Sen. Martha Robertson (R- the intent of the bill is to strengthen Minnetonka) sponsored S.F. 2966, a agreements between the state and labor affirmative action and focus the state’s housekeeping bill related to various representatives for state employees. Scheid programs on the future. Responding to a matters in the Department of Administra- said there was controversy surrounding two question, Watts said two-factor analysis tion. After a brief description, the bill was areas of the bill, the size of the salary means that the number of minorities and approved and recommended for place- increases and the provision for benefits for women are compared to employment ment on the Consent Calendar. same-sex domestic partners. The salary records. The bill was recommended to pass Sen. Ann Rest carried S.F. 2711, a bill increases for most employees were between and referred to the floor. that allows automatic participation for 3 and 3.5 percent, she said. Sen. Martha Robertson (R- municipalities in the Livable Communi- Sen. Mady Reiter (R-Shoreview) said Minnetonka) carried S.F. 2971, a bill that ties Act and reduces the bureaucratic 80 to 90 percent of calls from her voters pertains to competitive bidding require- redundancies associated with participation are against ratification due to the inclusion ments for building and construction with the program. The bill was recom- of the domestic partner benefit. Sen. contracts. Betsy Hayes from the Depart- mended to pass and referred to the floor. LeRoy Stumpf (DFL-Thief River Falls) ment of Administration said the bill Rest also sponsored S.F. 2963, which said the committee will be making a doesn’t change the status of the law transfers the duties of the state treasurer to mockery of the collective bargaining governing building and construction the commissioner of finance. Current system if it second-guesses the outcome of contracts, but merely places the law Treasurer Carol Johnson said it is critical the negotiations. Sen. Myron Orfield governing these contracts back into the for firewalls to be built between former (DFL-Mpls.) said he found it difficult to current statutes. The bill was approved and treasury duties and the rest of the depart- believe committee members were willing recommended for placement on the ment. The bill was recommended to pass to hold a $3.1 billion budget up to protest Consent Calendar. and referred to the floor. a $200,000 provision. Sen. LeRoy Stumpf (DFL-Thief River Sen. Don Betzold (DFL-Fridley) Sen. Dick Day (R-Owatonna) said the Falls) sponsored S.F. 1755, which estab- carried S.F. 2991, a bill that requires the labor representatives did the people of lishes an optional statewide health state to pay the salary differential to state Minnesota a disservice by agreeing to insurance plan for school district employ- employees who are called into military domestic benefits that aren’t available to ees. Stumpf said the plan is voluntary for service since September 11, 2001. The bill unmarried heterosexual couples who live districts, as long as they provide health also allows local governments to do the together. Sen. Martha Robertson (R- coverage for their employees. Savings from same with their employees. Colonel Minnetonka) disagreed with Day by saying reduced administrative costs can be used Dennis Lord from the Minnesota National that same-sex partners don’t have the by the state to pay for the program, Stumpf Guard said the state would probably be option to get married as heterosexual said, and districts can receive state per- obligated to pay less than half of the 500 couples do. Sen. Lawrence Pogemiller pupil aid to help cover their health plan state employees who are part of a military (DFL-Mpls.) said he thought 85 extra costs. Teacher Greg Harmon said skyrock- reserve branch and that the bill also allows people receiving health insurance was a eting health insurance costs are driving
24 Children from the Free Arts Minnesota Bridges School in Mounds View perform in the great hall of the Capitol as part of a program to promote Free Arts Minnesota, a nonprofit organization dedicated to bringing the healing powers of artistic expression into the lives of at-risk children and their families. Photo by Shelley Hawes teachers from the profession. Lee Johansen to pass and re-referred to the Education Variety of bills advance from Education Minnesota said the current Committee. The State and Local Government system is broken and that this bill allows Sen. Roger Moe (DFL-Erskine) carried Operations Committee, chaired by Sen. the state to address the costs of health S.F. 3208, a bill that eliminates the Jim Vickerman (DFL-Tracy) met Weds., insurance. A larger pool of employees will requirement that collective bargaining Feb. 20, to hear testimony regarding reduce large premium increases in districts, agreements be ratified by the Legislature. several proposed pieces of legislation. Sen. Johansen said, and in the first year of the The bill was recommended to pass and Linda Scheid (DFL-Brooklyn Park) carried program, $25 million can be saved as a sent to the floor. Two bills were sponsored S.F. 3015, a bill that establishes the result of reduced paperwork and other by Sen. Douglas Johnson (DFL-Tower). division of fraud prevention in the administrative redundancies. Speaking in S.F. 2873 conveys a cemetery in Cook Department of Commerce and authorizes opposition to the bill, Bob Meeks, from County to the Grand Portage Reservation. the division to initiate investigations on its the Minnesota School Boards Association, S.F. 2944 allows Cook County to spend own. The division will also administer the said the bill doesn’t necessarily solve tax proceeds on roads and bridges in auto theft prevention program, Scheid schools’ health insurance problems and unorganized territory. S.F. 2873 was said. The bill was recommended to pass may generate the false assumption that approved and placed on the Consent and sent to the floor. Sen. Mee Moua school employees no longer have to pay Calendar and S.F. 2944 was recommended (DFL-St. Paul) carried S.F. 2875, a bill for insurance. The bill was recommended to pass and sent to the floor. that establishes a state environmental
25 Committee update sustainability policy, sets standards for state adopted that delays the effective date until players, fans and those who economically purchasing, and establishes a green Aug. 1, 2003. Among the housekeeping benefit from major league sports–such as government council. The bill was recom- provisions, said Jennifer Mohlenhoff, memorabilia merchandisers and conces- mended to pass and referred to the floor. deputy state auditor, the bill allows the sion stand operators. He said that income Sen. Leonard Price (DFL-Woodbury) state auditor to send or hire personnel to taxes paid by visiting players should be carried S.F. 3069, a bill requiring state and complete and file reports in towns that dedicated to stadium construction. He also local governments to give public notice have failed to submit the reports to the suggested tapping media access fees and 120 days before transferring ownership or state in a timely manner. The expenses rent for the prime space occupied by changing the use of publically owned related to the completion would be journalists at sporting events. Haddeland undeveloped land. Sierra Club representa- charged to the town, she said. The bill was noted that the Capitol press corps–and its tive Sharon Stephens said the bill was recommended to pass and referred to the component news organizations–pays rent created as a result of the frustration people floor. on what is some of the worst space in the felt when they weren’t aware of what was S.F. 3117, carried by Sen. James building, while sports journalists have the happening to public land. The measure Metzen (DFL-South St. Paul), allows the best seats in the house for free. He also said creates a uniform notification standard for Metropolitan Council to return several that so-called “rounders,” who sell memo- all levels of government, she said. Three sewage interceptors back to local units of rabilia at concerts, have stable prices that elected officials spoke in favor of the government. The bill was recommended to do not account for sales taxes. Thus, measure, including Hennepin County pass and referred to the floor. Metzen also Haddeland said, a certain shirt may cost Commissioner candidate John Knight, who carried S.F. 2392, a bill that modifies $20 in both Minnesota and Illinois, even emergency 911 telephone system provi- said the bill brings common sense to the though Minnesota does not charge sales sions. Metzen said the committee was only law. The bill was approved and referred to taxes on the shirt. Haddeland suggested concerned with the rulemaking aspect of the floor. the bill. The bill was recommended to pass Senators examine the tax exemption for Sen. Sandra Pappas (DFL-St. Paul) and sent to the Finance Committee. clothing in light of that practice. carried S.F. 3189, a bill that establishes a Sen. Charles Wiger (DFL-North St. retroactive effective date for St. Paul civil Paul) presented a bill, S.F. 2539, provid- service separation. The bill was recom- Taxes ing for construction of baseball stadium in mended to pass and be placed on the St. Paul. St. Paul Mayor Randy Kelly said, Consent Calendar. Sen. LeRoy Stumpf Sports financing considered “We have the will, we have the financing (DFL-Thief River Falls) carried S.F. 3132, The Tax Committee devoted its and we have the desire” to make St. Paul a bill that authorizes the Northern Coun- hearing, Tues., Feb. 19, to overviews of the home of the Minnesota Twins. Wiger ties Land Use Coordinating Board to various proposals regarding professional said the bill empowers the St. Paul City initiate a pilot project to promote coop- sports and the University of Minnesota Council to impose two taxes, within the erative efforts amongst various governing football program. Most of the proposals city, to pay bond obligations for stadium state, local and federal governing bodies provide a financing scheme for the construction. Included in the bill are a tax regarding land management issues. Cook construction of a new stadium. “The last of up to 3 percent on food, beverages and County Commissioner Bob Fenwick said thing I want to do this year is talk about entertainment within the city and a 90 percent of the land in his jurisdiction is stadiums,” Committee Chair Lawrence surcharge of at least $1 per ticket on all Pogemiller (DFL-Mpls.) said, but now is owned by the state or federal government events at the ballpark. The bill also the time for the Legislature to get involved and often decisions are made without includes a provision, added in a previous in stadium financing if it is going to be consultation with the local government. involved at all. committee, giving the naming rights of the The bill was recommended to pass and Committee members began with a ballpark to the city of St. Paul. Wiger said referred to the floor. presentation by Will Haddeland, co-chair the bill is designed to finance a roof-ready S.F. 2403, carried by Sen. Linda of the Tripartisan Stadium Task Force. stadium costing about $300-350 million. Higgins (DFL-Mpls.), allows the Minne- Haddeland, a Senate appointee to the task Kelly said the stadium will seat between apolis Park Board to lease the former Fuji- force, reviewed the report of the task force 38,000 and 40,000 spectators. Ya restaurant property. The Park Board is for panel members. He said the task force Hennepin County Commissioner also required to reimburse the state determined that financing for a stadium Mike Opat and Minneapolis Mayor R.T. $158,284 to repay a previous grant for the should come from team owners or private Rybak presented a proposal siting a Great River Road project. The bill was investors. If private money is insufficient, ballpark in Minneapolis, next to the approved and referred to the floor. Sen. he said, the task force determined that Target Center arena. Opat said the Jane Krentz (DFL-May Township) carried local governments should step up. Only proposal envisions a $370 million roof- S.F. 2675, a bill that broadens the reach of when those sources have been exhausted, ready stadium seating 35,000 to 38,000 the statutory requirement for containers for he said, should the state participate in a people. Rybak said the plan is far cheaper at least three recyclable materials in public financing plan. The task force, Haddeland than any other plan, because other plans facilities by expanding the definition of said, decided that 35 percent of the ignore related infrastructure costs that are “public entities.” The bill was recom- financing, at a minimum, should come built into the planned Minneapolis site. mended to pass and sent to the floor. Sen. from a team owner. He said the location, in the heart of the Ann Rest (DFL-New Hope) carried S.F. Haddeland said the task force city’s entertainment district, comes with 3084, a bill that modifies state and local determined that the primary contributors parking, transit and the expected “experi- auditing procedures. An amendment was towards a stadium should be the owners, ence” of attending a game.
26 Sen. Dean Johnson (DFL-Willmar) mall complex” funded entirely by the saves lives, reduces crimes and property briefly reviewed his stadium proposal, private sector. damage and instills public confidence. He which reconstitutes the Metropolitan said one specific area that must be up- Sports Facilities Commission and relies on Telecommunications, Energy graded is the ability to find the location of private financing, Metropolitan Council a cellular telephone user, since 40 percent revenue bonds and user fees to finance a and Utilities of all 9-1-1 calls come from cell phones. $330-$340 million stadium in the seven- However, currently, he said, this is county Metro Area. He said a new Sports 911 fee increase debated impossible. Facilities Account created in his plan can Members of the Telecommunications, The bill was laid over for further be used for funding a new football facility Energy and Utilities Committee, chaired discussion. and renovations to existing facilities for by Sen. James Metzen (DFL-South St. Metzen carried S.F. 2392, which professional basketball and hockey. Paul), met Thurs., Feb. 14, to hear a bill makes a number of changes to the provi- A plan to finance a new football relating to anti-terrorism measures. sion of 9-1-1 services. The bill provides stadium for the Minnesota Vikings and S.F. 2683, carried by Sen. Jane Ranum that the Public Utilities Commission is no University of Minnesota Gophers football (DFL-Mpls.), includes various anti- longer required to approve payments to teams was presented by Senators Steve terrorism measures, but of interest to the service providers of 9-1-1 services before Kelley (DFL-Hopkins) and David Johnson committee was the proposal to increase the the department can issue reimbursements, (DFL-Bloomington). The plan, Kelley monthly 9-1-1 emergency telephone requires providers of 9-1-1 services to be said, envisions a shared stadium located on service fee from 27 cents to 49 cents. Of paid for their services and directs the the university campus. He said the facility the 49 cents, 20 cents per month–an Department of Administration to focus on will seat 70,000 people and cost about increase of 10 cents–is used for public the operation and maintenance of 9-1-1 $440 million. The facility will include a safety answering points, 2 cents per month services instead of on designing standards. retractable roof, which Kelley said was a for the development and implementation Metzen said the bill modernizes language key feature for both teams. Kelley said the of a communication system connecting written in 1977, streamlines the reimburse- proposal leaves concerns about operating firefighters with emergency medical ment process and makes the system more costs for later, but also does not rely on services providers and 1 cent per month for equal to all involved. revenue streams, such as concessions fees, grants for medical resources communica- Kirsten Cecil, from the Department of that can be accessed by the teams to pay tion efforts. Also of interest to the members Administration, said the bill has a fiscal operating costs. is a proposal to partially reimburse local impact and estimated a need of $750,000 Though not a plan providing for a units of government for the purchase of to meet the requirements of the bill. She new stadium, S.F. 2656 was also briefly emergency preparedness equipment. also said extra staff in the department may discussed by the committee. The bill, According to Ranum, the proposals in the be needed–or self-certification should be carried by Sen. Ellen Anderson (DFL-St. bill are meant to prevent communication established–to process the reimbursement Paul), is a community ownership plan for failures, which, she said, was a major issue requests currently done by the Public the Minnesota Twins. It provides for 25 after the attacks in New York on Sept. 11. Utilities Commission. She said the added percent of the team to be owned by a R.J. Frascone, medical director of burden on the department may cause managing partner, who will be responsible Regions Hospital, spoke in support of the delays. for daily team operations and will be the bill. He said the monthly 1 cent increase Sen. Dennis Frederickson (R-New organizational representative to Major for medical resource communication Ulm) offered to amend the section of the League Baseball. Under the bill, corporate efforts will help Medical Resource Control bill requiring the department to grant a partners and major investors will be able to Centers–a central radio control facility waiver to those applying for all or portions purchase another 25 percent of the team, that coordinates ambulances, hospitals and of various requirements. His amendment with a 5 percent cap on individual patients–to maintain and upgrade their allows the department to grant the waiver accumulation of shares. The remaining facilities. According to Frascone, the main instead of requiring it. The amendment half of the team will be available for sale function of the facilities is to distribute was adopted. Metzen said he would work to average Minnesotans, Anderson said. appropriate patients to the appropriate with the department regarding its concerns. She said a major misconception is that hospitals in an appropriate amount of The bill was approved and re-referred to Major League Baseball prohibits such an time. Frascone said there are two such the State and Local Government Opera- arrangement. Anderson clarified that MLB facilities in the Twin Cities area which, in tion Committee. requires a managing partner, but does not the case of terrorist attack or natural Metzen also carried S.F. 3022, which explicitly forbid community ownership of disaster, would be vital in providing a requires that a public utility allow access teams. She said all shareholders will be central radio communication point to help to 9-1-1 service if the public utility able to vote on any attempt to move the prevent chaos. However, Frascone said hat provides telephone service in a 9-1-1 team, effectively preventing the Twins without the extra funding the East Metro service area. The measure also extends from leaving the state. communications facility might close. deadlines for certifying reimbursable costs. Private citizen Tony Spadafora also John Dejung also spoke in support of The bill eliminates the monthly fixed fee presented a proposal he developed for the bill. He said the extra 10 cents per of 27 cents that a public utility can charge adjoining stadiums for professional month for public safety answering points– for each customer access line and changes baseball and football as well as collegiate the center where a 9-1-1 call is received–is it to between 8 and 35 cents monthly. football. The proposal creates a “sports needed to provide a reliable system that According to the department, 9-1-1
27 Committee update expenses will exceed available funds by public agencies have access to high voluntary check-off on end user bills that more than $4 million, and Cecil said the technology telecommunications services allows users to add up to $1 to the bill for change in fee is needed to cover current and to provide a source of permanent the account and through fines assessed expenses. The bill was laid over for further funding for the services. against communications providers for discussion. Vernal Hasbargen, from the Minne- specific quality of service failures. The bill S.F. 2987, also carried by Metzen, sota Rural Education Association, testified transfers the money from the 42 cent makes changes to the Telecommunications in support of the bill. She said the funding surcharge to the Department of Children, Access for Communication Impaired is needed for students to have access to Families and Learning to fund broadband Person Program by broadening the range of Internet services in all grades throughout infrastructure for k-12 public school contractors with whom the commissioner the state. She said polls indicate that 85 districts and libraries. It also appropriates of commerce can contract for operation percent of teachers in Minnesota use the up to 10 percent of other money collected and maintenance of the relay service and Internet as an aid. Also, she said 29 percent for matching grants to community tele- requires the vendor to operate the relay of all districts use the Internet for course communications development projects service in the state. The bill also changes instruction, while 77 percent of all districts and statewide industry marketing partner- the name of the fund from the telecommu- would like to use the Internet for instruc- ships and appropriates the remaining nication access for communication tion. She said the issue isn’t just a rural balance for grants to communications impaired person to the telecommunication concern, but a statewide concern. How- providers to support the development of access Minnesota fund. The bill was ever, she said that what is needed to broadband service in unserved or under approved and sent to the Senate floor. provide Internet services is stable funding. served areas. Tom Lehman, with Minnesota Mike Martin, from the Minnesota Telecom services debated Hospital and Healthcare Partnership, also Cable Communications Association, Members of the Telecommunications, testified in support of the bill. He said testified in opposition to the bill. He said Energy and Public Utilities Committee, connecting hospitals through an emer- he opposes the bill because cable compa- chaired by Sen. James Metzen (DFL-South gency network will help provide better nies many times already provide the St. Paul), met Tues., Feb. 19, to hear a bill communication in times of emergency. services proposed in the bill without that creates a public telecommunications Sen. Mark Ourada (R-Buffalo) said he subsidy and without tax increases. He said services fund. was concerned about adding a surcharge cable companies have spent billions of The bill, S.F. 3025, carried by Sen. that would be passed down to the con- dollars to upgrade their technology. Steve Kelley (DFL-Hopkins), creates the sumer. He said there were other bills Martin also said cable companies already public telecommunications fund in the discussed in the committee that proposed serve primarily rural areas, provide high state treasury and requires that the fund be additional surcharges as well. A regular speed modem services and provide services supported by a fee increase equal to 1 telephone bill is already filled with to 78 percent of Minnesota schools, as well percent of the gross receipts from retail various charges, Ourada said. He said the as many colleges and universities. The bill sales of telecommunications services. It proposal may be accomplished more was laid over for further discussion. requires the account to fund the learning appropriately through the bonding process Kelley offered S.F. 3272–called the network of Minnesota by fiscal year 2004, as a long term infrastructure need. Sen. Telecommunications Privacy Act–which the telecommunications access revenue Dennis Frederickson (R-New Ulm) also protects the disclosure by a telecommuni- program by 2003 and the regional library had concerns regarding the surcharge. He cations provider of customer information. telecommunication aid by 2003. The bill said the surcharge may be small, but added According to the bill, customer informa- requires the creation, by 2004, of an on to other charges it begins to add up. tion can only be released if certain emergency response network using Internet Kelley said increasing the surcharge on a qualifications are met. The bill also technology that enables communication percentage basis charges the heaviest users requires telecommunications providers to between fire departments, fire stations and more. The bill was laid over for further provide an impartial and prompt resolu- hospitals. The measure funds, beginning in discussion. tion of disputes, provide a sufficient 2004, a hospital emergency communica- Sen. LeRoy Stumpf (DFL-Thief River number of customer service representatives tions network that must use an existing Falls) carried S.F. 3222, a bill that relates to give adequate service and to make a telephone network and Internet technol- to broadband access and availability. The supervisor immediately available upon ogy, with the goal of connecting all bill, called the Minnesota Broadband request. Providers must give accurate price hospitals in Minnesota to one Access Availability Act, defines “broad- comparisons on all material and sales calls interoperable network. The bill also band” to mean high speed, switched and provide written notice of price requires the account to fund the shortfall, telecommunications capacity that enables increases or changes in service. if any, in 2003 for the MnLink program users to originate and receive high quality “The primary goal is to protect and directs the development of a specific voice, data, graphics and video communi- telephone customers from disclosure of funding plan consistent with the regional cations using any communications telephone numbers they call, or the distribution method recommended by the transmissions technology. It creates the telephone numbers of people who call Legislature to integrate the funding for the Minnesota broadband access availability them, or other information telephone learning network and library aid. account in the special revenue fund, and companies get about an individual during According to Kelley, the 1 percent fee requires that it be funded through a the course of providing them service,” said increase raises $43 million per year. He monthly 42 cent surcharge added to end Kelley. The bill was approved and re- said the bill is designed to ensure that user bills for each customer access line, a referred to the Judiciary Committee.
28 Kelley also carried S.F. 2908, a bill discussion regarding several bills. Sen. farm families more freedom and isn’t a big that deals with Internet privacy and Steve Murphy (DFL-Red Wing) carried enforcement problem. An amendment to commercial electronic mail solicitation. S.F. 3191, a transportation housekeeping reduce the 100 radius provision to 50 The bill prohibits an Internet service bill that repeals obsolete statutes. An miles, offered by Sen. Sandra Pappas (DFL- provider from disclosing personally amendment that conveys to Wisconsin a St. Paul), was adopted. The bill was identifiable information except under small section of land in Buffalo County, recommended to pass and referred to the certain circumstances and requires a Wisconsin owned by Minnesota was floor. provider to furnish a consumer with a adopted. Betsy Parker from the Department Sen. Richard Cohen (DFL-St. Paul) secured account. The bill also prohibits a of Transportation (MnDOT) said one carried S.F. 3076, a bill that he said person from sending an email message that provision of the bill eliminates combina- strengthens existing law by specifying uses another party’s domain name without tions of state-aid and county-aid roads on penalties for intentional and unintentional permission, that misrepresents the origina- the same street. The bill was recommended obstruction of emergency vehicles. Failure tor of the message or that contains false or to pass and sent to the floor. Johnson to yield to an emergency vehicle remains a misleading information in the subject line. carried an additional transportation petty misdemeanor, but intentional failure It requires the sender of commercial emails housekeeping bill that reduces the number to yield or obstruction is a misdemeanor to include a toll-free telephone number or of vehicle inspections and records audits under the bill, Cohen said. The bill also return email address that may be contacted by MnDOT for motor carriers with allows officers up to four hours to arrest to notify the sender not to send any more historically good safety records. Sen. serious offenders on probable cause, he unsolicited email documents. Satveer Chaudhary (DFL-Fridley) moved said. The bill was recommended to pass “It’s an attempt to get at the problem to delete the reduced inspections and and re-referred to the Crime Prevention of junk email,” Kelley said. The bill was audits provision because the good safety Committee. Murphy carried S.F. 2715, a approved and re-referred to the Judiciary records of the motor carriers were perhaps bill that limits fines to $10,000 for weight Committee. due to the high number of inspections and violations based on shipment records. The Sen. Claire Robling (R-Prior Lake) audits. Chaudhary withdrew his motion bill also reduces the period after shipment carried H.F. 2624. The bill creates a after Johnson explained the bill would be that the state can inspect records from 30 special law that increases the membership laid over until the next meeting. to 14 days. The bill was recommended to of the Shakopee Public Utilities Commis- Sen. Michelle Fischbach (R- pass and referred to the floor. sion from 3 to 5 members. Current law sets Paynesville) sponsored S.F. 2422, a bill Johnson carried S.F. 3178, a bill that the membership of all commissions at 3. that clarifies that a motor vehicle dealer requires the DPS to determine if males Robling said the bill is designed to help has ten business days after a car purchase to between the ages of 18 and 26 are in deal with the growth in the region. She deliver the title application to the compliance with the Selective Service Act also said that if one person is currently Department of Motor Vehicles (DMV). when applying for a new or renewed missing from the commission there are only Fischbach said dealers found it difficult to drivers license. Legal Counsel Bonnie two commissioners remaining to make submit timely title applications within ten Berezovsky explained that if the applicant multi-million dollar decisions. The bill total days, including weekends and is not registered, the department must was approved and sent to the Senate floor. holidays. An amendment was adopted that submit his name to the selective service S.F. 2801 was offered by Sen. Gen allows dealers to calculate the base value system. The bill was laid over to hear Olson (R-Minnetrista). Similar to H.F. of the car for registration tax purposes at testimony from a selective service repre- 2624, the bill increases the membership of the time of purchase, not at the time of sentative. the Delano Public Utilities Commission processing. The bill was recommended to S.F. 3278, carried by Sen. Linda from 3 to 5 members as well. The bill was pass and sent to the floor. S.F. 2633, Scheid (DFL-Brooklyn Park), requires approved and sent to the Senate floor. carried by Sen. Keith Langseth (DFL- drivers education programs to include 30 Sen. Larry Pogemiller (DFL-Mpls.) Glyndon), limits the restrictions on 15- minutes of instruction concerning organ carried S.F. 3285, which makes the Crown year-olds with “farm work” drivers licenses. and tissue donation. “Education is the most Hydroelectric project exempt from Langseth said the bill extends driving fundamental part of a successful organ property taxes. The project, located on the hours from 6 to 10 from daylight hours, donation program,” Scheid said. Susan West Bank of St. Anthony Falls in allows the youth to drive a radius of 100 Gunderson from LifeSource said, while 96 Minneapolis, will be capable of producing miles from home instead of the current 20 percent of Minnesotans support organ approximately 20 million kilowatt hours miles, and instead of restricting driving to donation, only 6 out of 10 actually make of electricity annually. Commercial “farm work”, the youth can now drive for the choice to donate. Other states have operation is expected by Sept. 2003. The any purpose to assist the parents. Sen. Mark similar education provisions, Gunderson bill was approved and re-referred to the Ourada (R-Buffalo) said the bill acceler- added. The bill was approved and re- Tax Committee. ates the trend of rising applications for referred to the State and Local Govern- such licences while the number of farms ment Operations Committee. Transportation continues to decline. Department of Public Safety (DPS) official Jo Kopcinski Driver’s license bill debated Transportation bills gain said the department had no opposition to A bill limiting the duration of The Transportation Committee, the bill, but was concerned about the 100 noncitizens driver’s licenses was the focal chaired by Sen. Dean Johnson (DFL- mile radius provision. Gene Halvorsen point of debate at the Wed., Feb. 20, Willmar), met Tues., Feb. 19, to hear from the State Patrol said the bill allows meeting of the Transportation Committee.
29 Committee update The panel, chaired by Sen. Dean Johnson with the curb. The measure was approved A bill to complete work on the Great (DFL-Willmar), spent much of the hearing and advanced to the floor. River Road in Aitkin County was also discussing the measure, S.F. 2855. The bill, S.F. 3184, sponsored by Sen. David heard. S.F. 2730, authored by Sen. Becky sponsored by Sen. Jane Ranum (DFL- Tomassoni (DFL-Chisholm), modifies Lourey (DFL-Kerrick), appropriates $9.52 Mpls.), ties the duration of Minnesota provisions governing road inspections, first million from the bond proceeds fund for driver’s licenses and identification cards to hauls, and weight allowances for commer- the work. Lourey said the stretch in Aitkin the expiration date of a noncitizen’s visa or cial motor vehicles. The bill also transfers County is the last part in the state to be admission document. Ranum said the authority relating to weight restrictions on finished, but the county does not have the measure is part of the anti-terrorism county routes to county road authorities resources to complete the project on its initiative she is carrying this year, but that and reallocates proceeds of fines for own. Johnson said the bonds specified in the portion of the measure relating to violations occurring on county roads. the bill are general obligation bonds, driver’s licenses needed to be discussed by Members adopted an amendment provid- rather than trunk highway bonds, unlike the Transportation Committee. Ranum ing for a northern zone load restriction the other bond requests heard by the panel. said it is important to have a debate on the study before approving the bill and John Welle, representing Aitkin County, policy of tying the expiration dates for advancing the measure to the floor. said completion of the road would aid in driver’s licenses and visas together. Finally, members also approved and drawing tourists to the area, particularly Members adopted an amendment sent to the floor a bill authorizing private since the road has been designated a allowing for a 6-month extension of a vehicles escorting funeral processions to “national scenic byway.” Welle said the driver’s license for individuals who are in use flashing red lights. S.F. 2612, authored project could be broken down into phases, the process of extending their visas or by Sen. Dave Kleis (R-St. Cloud), was costing approximately $2 million per applying for permanent resident alien amended to delete a provision allowing segment. Sen. Claire Robling (R-Prior status. the private vehicles to override traffic Lake), asked about the costs of acquiring The bill was approved on a roll call signals when escorting funeral processions, right-of-way and delaying until the vote of 9-6 and sent to the Senate floor. before being advanced. numbers of cars increase. “I do understand In other action, the panel also the importance of acquiring the corridor,” approved a bill requiring driver’s license Robling said. Welle said it would cost applicants who must register with the Transportation and Public about $500,000 for pre-engineering and Selective Service to provide proof of Safety Division right-of-way acquisition. Selective Service registration. The bill was Members also heard S.F. 3062, a bill amended to specify that the measure Bond requests heard that provides $30 million to complete applies to persons under the age of 26 who The Transportation and Public Safety Trunk Highway 610 as a four-lane freeway. The measure, sponsored by Sen. must register with the Selective Service. Division, chaired by Sen. Dean Johnson The bill was approved and forwarded to Warren Limmer (R-Maple Grove), is (DFL-Willmar), met Wed., Feb. 20, to designed to complete the project and the full Senate. consider several measures containing trunk Members also approved S.F. 3101, connect with I-94. “The highway was highway bonding requests. envisioned as sort of a North Metro bypass, sponsored by Sen. Don Samuelson (DFL- S.F. 2336, authored by Sen. LeRoy Brainerd), and sent the measure to the and would relieve congestion on I-94 and Stumpf (DFL-Thief River Falls), appropri- floor. The bill authorizes a joint venture I-694,” he said. The state and federal ates $4.45 million from the trunk highway between the Dept. of Natural Resources, governments have invested $184 million fund to design, construct, furnish and the Dept. of Transportation and Crow already and we just have a few segments to finish, Limmer said. Wing County to provide travel informa- equip a vehicle maintenance building in The panel also heard S.F. 3299, tion at a new rest area to be constructed Pennington County for joint use by the county and the Dept. of Transportation, carried by Johnson. The bill provides near the Crow Wing State Park. funding for a variety of projects from the Several additional bills were ad- the Dept. of Public Safety and the Dept. of Natural Resources. trunk highway fund. Specifically, the bill vanced at the evening hearing. S.F. 160, appropriates $14 million for a replacement authored by Sen. LeRoy Stumpf (DFL- Sen. Mark Ourada (R-Buffalo) carried S.F. 2639. The measure establishes a trunk district headquarters building in Mankato Thief River Falls), provides reimburse- for a combined Dept. of Transportation, highway corridor-protection demonstra- ment to fire departments for expenses State Patrol and driver’s license examina- incurred in extinguishing motor vehicle tion project. Ourada said the bill also tion station. In addition, the measure fires within the right-of-way of a trunk requires the commissioner of transporta- appropriates $9.5 million for the consoli- highway or interstate highway. The tion to report findings and appropriates dation of the central shop, electrical measure was re-referred to the Finance $500,000 for the project. Ourada said, services and central inventory center into Committee. S.F. 1603, sponsored by Sen. “We have heard a lot about the costs of one location. Finally, the bill appropriates Chuck Fowler (DFL-Fairmont), appropri- acquiring right-of-way. We know Highway $2 million to convert the existing analog ating money for grants to towns to pay 55 will be expanded eventually and we microwave backbone to digital communi- expenses of clearing snow from town roads, want to protect the corridor now. It is a cations equipment. was also re-referred to the Finance Com- heavily traveled, high growth area,” No action was taken on any of the mittee. S.F. 3243, carried by Sen. Linda Ourada said. The key thing here is the bills, but all the measures will be consid- Higgins (DFL-Mpls.), clarifies a provision local units of government working with ered for inclusion in the division’s requiring parked vehicles to be parallel MnDOT, he said. transportation funding bill.
30 Preview Monday, February 25 Tuesday, February 26 housing projects construction materials, supplies and equipment. S.F. 3077-Higgins: Sales tax exemption expansion for low income The Senate will be in session at 11:30 a.m. Environment and Natural Resources housing construction materials, supplies and Committee equipment. S.F. 3057-Schwab: Sales tax Chair: Sen. Jane Krentz E-12 Education Budget Division exemption for meat packing or processing 9 a.m. Room 107 Capitol Chair: Sen. LeRoy Stumpf facility materials, supplies, equipment and Agenda: S.F. 2664-Scheevel: Modifying 1 p.m. Room 112 Capitol machinery. S.F. 3303-Rest: Sales tax on prohibition on pollutant discharge. S.F. 2770- Agenda: S.F. 177-Berg: Authorizing severance aggregate materials and concrete block delivery Higgins: Solid Waste Advisory Committee levy for ISD 2853-Lac Qui Parle. S.F. 2509- charges. S.F. 3179-Murphy: Metropolitan area recommendations. S.F. 2738-Price: DNR fiscal Betzold: Authorizing levy for ISD 14-Fridley. aggregate material removal fees. S.F. 2956- policy bill. S.F. 2931-Krentz: Agriculture and S.F. 2659-Sams: Permanent funding source for Bachmann: Sales tax exemption for seller pollution control anti-terrorism bill. S.F. 3013- career, technical education. S.F. 2723 Ring: prepared bakery products; biomedical innova- Lourey: Open air swine lagoon prohibition. Extending disabled access levy for ISD 578- tion and commercialization initiative repeal. H.F. 3116-Vickerman: Modifying LCMR Pine City. S.F. 2746-Scheid: Authorizing S.F. 2914-Rest: Sales tax exemption for printed citizen advisory committee. S.F. 3134-Higgins: intermediate school district to levy for judg- materials delivery or distribution. ments. S.F. 2766-Sabo: Restoring integration PCA obsolete rules bill. revenue to S.D. 1-Minneapolis. S.F. 2847- Property Tax Budget Division State and Local Government Operations Wiger: Restoring voter approved referendum Chair: Sen. Don Samuelson Committee funding in certain circumstances. S.F. 2992- 4 p.m. Room 15 Capitol Chair: Sen. Jim Vickerman Betzold: Allow levying for operational costs of Agenda: S.F. 3036-Pogemiller: Department 1 p.m. Room 107 Capitol swimming pools. S.F. 2522-Schwab: Authoriz- policy bill. S.F.3038 Betzold: Department Agenda: S.F. 3072-Anderson: Creating a ing declining pupil unit aid for ISD 241-Albert technical bill. S.F. 3127-Samuelson: Providing Department of Workforce and Economic Lea. S.F. 2689-Vickerman: Shared aid time economic development tax incentives. S.F. Development; eliminating the Dept. of follows student to non-resident district. S.F. 2442-Kierlin-TIF extension, city of Rushford. Economic Security and the Dept. Trade and 2935-Vickerman: Fund transfer for ISD 836- S.F. 2525-Schwab-Authorizing TIF district. Economic Development. H.F. 2642-Lesewski: Butterfield. S.F. 3130-Fowler: Fund transfer for S.F. 2796-Rest: TIF, modifying deficit reduction Modifying a reporting requirement for the provisions. S.F. 2896-Pogemiller: TIF grant ISD 458-Truman. inspector of mines. S.F. 2546-Fischbach: fund transfer. S.F. 3001-Rest: TIF grant fund Directing the cities of Rockville and Pleasant transfer. S.F. 3047-Orfield: TIF Authorizing Health and Family Security Committee Lake and the town of Rockville to develop a cities to include 200 parcels in housing Chair: Sen. Dallas Sams consolidation plan. S.F. 2472-Vickerman: replacement district. S.F. 2426-Kinkel: 1 p.m. Room 15 Capitol Providing for temporary officeholders in Exempting certain attached machinery. S.F. Agenda: To be announced. townships. S.F. 3034-Pogemiller: Authorizing 2651-Day: Exempting certain utility attached certain contracting with public or private machinery. S.F. 3190-Lesewski: Exempting Higher Education Budget Division cooperative purchasing organizations. S.F. wind energy conversion systems from property Chair: Sen. Deanna Wiener 3168-Stevens: Bidding exceptions for certain tax. S.F. 3149-Anderson: Extending time for 1 p.m. Room 107 Capitol water tank service contracts. certain improvements to certain older home- Agenda: Presentation of required Post- steads are excluded from valuation for property Secondary Planning Report by Robert Telecommunications, Energy and Utilities tax. S.F. 2921-Betzold: Levies to pay health insurance premiums are not subject to levy Bruininks, executive vice president and provost Committee limits. S.F. 2536-Wiener: Extension of of University of Minnesota and Linda Baer, Chair: Sen. James Metzen property tax and special assessments deferred on senior vice chancellor for Academic and 1 p.m. Room 15 Capitol certain property dedicated to the arts. Student Affairs of Minnesota State Colleges Agenda: S.F.2672-Tomassoni: Minnesota and Universities (MnSCU). Presentation of Economic, Environmental and Energy Security MnSCU’s required reports by Linda Baer, Act of 2002. Wednesday, February 27 senior vice chancellor for Academic and Student Affairs; Craig Froke, system director for Income and Sales Tax Budget Division Commerce Committee Program Collaboration; Jim Luoma, vice chair Chair: Sen. Don Betzold Vice Chair: Sen. Linda Scheid of MnSCU Board of Trustees; Kimberly Leiter, 4 p.m. Room 318 Capitol 9 a.m. Room 112 Capitol student; Craig Schoenecker, system director for Agenda: S.F. 2867-Ranum: Property and sales Agenda: To be announced. Research and Planning and Judy Borgen, tax exemptions for low income housing. S.F. associate vice chancellor for Budget. 2810-Fowler: Sales tax on food uniform Crime Prevention Committee application requirements. S.F. 3248-Rest: Sales Chair: Sen. Jane Ranum Environment and Agriculture Budget tax exemptions for seller prepared bakery 9 a.m. Room 15 Capitol Division products, unheated ready to eat meat and Agenda: To be announced. Chair: Sen. Leonard Price seafood and food requiring consumer prepara- 4 p.m. Room 318 Capitol tion. S.F. 3165-Higgins: Sales tax exemption Education Committee Agenda: S.F. 2125-Moe, R.D.: Designation of expansion for low income housing construction Chair: Sen. Sandra Pappas Consolidated Conservation lands. S.F. 2674- materials, supplies and equipment. S.F. 3112- 1 p.m. Room 123 Capitol Krentz: Omnibus game and fish bill. Higgins: Sales tax exemption for low income Agenda: To be announced.
31 Health and Family Security Committee bordering water. S.F.2962-Langseth: Tempo- Income and Sales Tax Budget Division Chair: Sen. Dallas Sams rarily extending homestead classification to Chair: Sen. Don Betzold 1 p.m. Room 15 Capitol certain property used for non-homestead 4 p.m. Room 15 Capitol Agenda: To be announced. purposes. S.F. 3291-Langseth: Requiring Agenda: S.F. 3338-Kiscaden: Rochester amount for lake improvement district be shown additional lodging tax imposition authority. Income and Sales Tax Budget Division separately on property tax statement. S.F.2867- S.F. 3287-Belanger: Bloomington lodging tax Chair: Sen. Don Betzold Ranum: Exempting low income housing owned rate increase. S.F. 3042-Johnson, Douglas: Ely 4 p.m. Room 318 Capitol by a qualified non-profit agency from property sales and use tax imposition and bonding Agenda: S.F. 3263-Pogemiller: Sales tax tax. S.F.3011-Stumpf: Changing class rates on authority. S.F. 135-Lourey: Expanding uses for exemption elimination for pesticides, fungicides certain property. S.F. 3105-Sams: Increasing Hermantown sales tax. S.F. 134-Lourey: and pesticides. S.F. 3166-Fowler: Mortgage agriculture homestead market value credit. S.F. Authorizing Cloquet to impose sales tax. S.F. registry tax; exempting certain agricultural 3116-Hottinger: Limiting eligibility for 1822-Kleis: Allowing St. Cloud, Sartell, Sauk loans. S.F. 3038-Betzold: Tax provisions residential homestead market value credit. S.F. Rapids, Waite Park, St. Joseph and St. Augusta technical corrections and administrative 3247-Lessard: Modifying calculation of levy to impose local sales and use taxes to fund changes. S.F. 2512-Scheevel: Income tax limit base. S.F. 3294-Kinkel: Delaying date by certain projects. S.F. 2416-Lesewski: Sales tax subtraction for military pension or retirement which taxes on certain resort property must be exemption for businesses in small cities. income. S.F. 2906-Rest: Corporate franchise paid. The following bills all increase city aid tax cross reference corrections. S.F. 2928-Rest: base: S.F. 2700-Murphy, S.F. 2701-Murphy, Corporate franchise tax sales based net income S.F. 2717-Dille, S.F. 2718-Dille, S.F. 2718- Friday, March 1 apportionment formula phase in. S.F. 2973- Dille, S.F. 2778-Fischbach, S.F. 2885-Fowler, Higgins: Income tax education credit modifica- S.F. 2975-Larson, S.F. 2997-Lourey, S.F. Commerce Committee tions. S.F. 3000-Pogemiller: Tax provisions 3237-Larson, S.F. 2751-Samuelson. Vice Chair: Sen. Linda Scheid modifications. S.F. 3036-Pogemiller: Tax policy 9 a.m. Room 112 Capitol and administration provisions modification. Joint House-Senate Subcommittee on Claims Agenda: To be announced. Chair: Rep. Bill Haas Property Tax Budget Division 6 p.m. Room 500N State Office Building Crime Prevention Committee Chair: Sen. Don Samuelson Agenda: Claims against the Dept. of Correc- Chair: Sen. Jane Ranum 4 p.m. Room 15 Capitol tions. 9 a.m. Room 15 Capitol Agenda: S.F. 2440-Frederickson: Extension of Agenda: To be announced. homestead credit for split class property. S.F. 2708-Lesewski: Extension of homestead credit Thursday, February 28 for split class property. S.F. 2743-Fischbach: Extension of homestead credit for split class The Senate will be in session at 8:30 a.m. property. S.F. 2484-Oliver: Exempting noncommercial seasonal recreational property State and Local Government Operations from the state property tax. S.F.3063-Oliver: Committee Creating a credit for land donated for conserva- Chair: Sen. Jim Vickerman tion purposes. S.F. 2613-Langseth: Two year 1 p.m. Room 107 Capitol property tax exemption for newly constructed Agenda: S.F. 2682-Johnson, Douglas: Making homes in certain border cities. S.F.2876- the Metropolitan Airports Commission a Langseth: Class rate reduction for land division of the Department of Transportation.
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32 Senate Briefly
Page 2 Highlights
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Noontime Tues., Feb. 26, found the corridors of the Capitol bustling with activity. Photo by Shelley Hawes
March 1, 2002
1 Senate Highlights Senate overrides veto ted to working with administration to Forecast discussed The focal point of the Thurs., Feb. 28, replenish the budget reserve and to resolve Members of the Tax Committee met floor session was the successful override of the demographically driven structural Mon., Feb. 25, to discuss the economic problems. We reach out to all members in the governor’s veto of the omnibus budget forecast released earlier in the day by the this process,” Moe concluded. reconciliation bill. The other body had Department of Finance. Sen. Douglas Johnson (DFL-Tower) voted to override the veto at its Wed., Feb. Chaired by Sen. Lawrence Pogemiller 27, session. made the motion to override and said, “In this case, we have had a bipartisan effort to (DFL-Mpls.), the panel heard a brief Sen. Roger Moe (DFL-Erskine), when overview of the forecast from Senate taking the measure from the table and resolve the shortfall. I would hope in phase Director of Fiscal Policy Analysis Mark preparing for the vote, said the prospect of two, the harder part of the process, that we overriding a gubernatorial veto is a very have tripartisan cooperation. We override Misukanis. He said the deficit for FY 02- serious matter for the Legislature. “This is a the veto knowing our job in the next few 03 has increased by about $336 million historic day,” Moe said, “and the Legisla- weeks becomes even tougher.” since the November forecast. Misukanis ture approaches the vote with appropriate The Senate voted 60-7 to override the said H.F. 351, the budget reconciliation seriousness.” governor’s veto and repass the bill. The agreement, resolves about $1.8 billion of He said, “We spelled out early on how bill now becomes law. the total deficit for the current biennium, we would deal with the budget shortfall by In other action, Sen. Deanna Wiener $2.289 billion. first remedying the problems for FY 02 and (DFL-Eagan), sponsored a resolution Language regarding the accelerated FY 03. We will now move on to the congratulating the 24 Minnesotans who sales tax payments in the omnibus tax bill structural problems for FY 04 and FY 05. participated in the recently completed passed in 2001, he said, was clarified by None of these are easy decisions and Winter Olympic Games. the Department of Finance and shifted the certainly the second phase is going to be The Senate met daily this week to impact of the change in the buyback of the more difficult than the work represented handle procedural motions, move bills acceleration to FY 04. Thus, the remaining by the bill before us.” between committees and process bill deficit for FY 02-03, after enactment of Moe also said, “We are committed to introductions. H.F. 351, is about $439 million, positioning the state to rebound economi- At the floor session Tues., Feb. 26, Misukanis said. cally and to positioning the budget to members also granted final passage to a bill Pogemiller said the numbers for maintain our credit rating.” conforming to federal rules regarding Senators to consider in the next biennium “It is important to override the veto to lifetime registration for sexual offenders. get the first phase behind us and move on S.F. 3019 is sponsored by Sen. Jane Ranum are a $438 million permanent deficit and a to solving other problems. We are commit- (DFL-Mpls.). one-time problem of $507 million in FY 04. Misukanis said members may also want to consider debt service payments, which Senate Briefly is a publication of the Photography: are $10 million in FY 03, $38 million in Minnesota Senate Publications Office. David J. Oakes FY 04 and $70 million in FY 05. During the 2002 Legislative Session, Shelley Hawes each issue reports daily Senate activities Later in the hearing, members heard testimony on the forecast from Commis- between Thursdays of each week, lists Writers: upcoming committee meeting schedules sioner of Finance Pamela Wheelock. She Karen L. Clark and provides other information. The said both the November 2001 and most publication is a service of the Minnesota Joshua A. Dorothy recent forecast assume strong economic Senate. No fee. It can be made available Steve Holman growth by the end of calendar year 2002. in alternative formats. Mary Kate Stimmler However, she said, Minnesota will not fare Matthew Wickman as well as the national average. The To subscribe, contact: impacts on payroll and the wage base at Senate Publications Office the end of 2001, she said, were larger than G-22 Capitol the declines felt in other states. While 75 Constitution Ave. Minnesota will experience growth, St. Paul, MN 55155-1606 Senate Briefly is published weekly Wheelock said, it will be on a much (651) 296-0504 during the Legislative session by the smaller base. 1-888-234-1112 Minnesota Senate Publications Office, Several Senators, including Sen. (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. Edward Oliver (R-Deephaven) and Sen. Paul, MN 55155-1606. Periodical Bob Kierlin (R-Winona) challenged the Editor: postage paid at St. Paul, MN. POST- forecasting data used by the department. Karen L. Clark MASTER: Send address changes to Oliver asked if the agency that provides Senate Briefly, Senate Publications the department with data, DRI, gives a Assistant Editor: Office, G-22 Capitol, 75 Constitution range of economic forecasts. Wheelock Joshua A. Dorothy Ave., St. Paul, MN 55155-1606. said department practice is to use the “control forecast,” which is given a 55
2 percent likelihood of being correct. DRI, Several representatives of the rental Tour the Capitol on CD-ROM she said, also provides an optimistic car industry also testified against provi- Senate Media Services has announced forecast and a pessimistic forecast, with 15 sions in stadium plans that impose a fee on the release of a CD-ROM tour of the percent and 30 percent likelihoods car rentals. David Hanson, Enterprise Rent- Capitol, called “A Building for All...” respectively. Kierlin said he believes the A-Car, said the logic that the fee will be Go to the Rotunda, the Governor’s DRI forecast is overly pessimistic for the imposed on non-Minnesotans is flawed. Reception Room, the Senate Chamber, the year. Kierlin said the layoffs in 2001 will More than half of all rental car reserva- House of Representatives Chamber, the mean advances in productivity, which will tions in Minnesota, industry-wide, are Supreme Court Chamber, and the in turn create significant growth with made by local residents, he said. Other Quadriga at your own pace and in any minimal inflation. Wheelock said she cities, Hanson said, that do impose a fee on order you like. Travel behind the scenes to disagreed and added that figures for the rentals to pay for stadiums do not approach quarters that are not normally opened to fourth quarter of 2001 could still be the 15.7 percent total taxation that is the public like the House and Senate Retiring Rooms, the Supreme Court revised downward. already levied on car rentals in Minnesota. Alyssa Schlander, Minnesota Auto Justices’ Consultation Room, or the Kierlin also said he challenged the Governor’s Private Office. assumptions underlying the revenue Dealers Association, said the fee amounts to a misery tax. She said people who rent A special section called “Other Neat section of the forecast. The current state of Places” takes you to more obscure areas the economy, he said, affects future cars from dealerships are renting because of an unplanned repair situation. Schlander that you may not see on an in-person visit payments of estimated taxes. Current to the building like the inner dome, the also said the taxes and fees imposed on estimated tax payments cannot be used to underground tunnel system, or the newly rentals are starting to get burdensome on reflect the current state of the economy, restored “Rathskeller” cafeteria. renters. Kierlin said. Rather they reflect the state of Brilliant digital photography captures the economy several months ago, he said. Mark Jorgenson, a Minneapolis the artistic beauty of the building and the Kierlin also said that the area of greatest resident and St. Paul business owner, said professional voice-over provides back- change in the forecast is also the area that voters have their chance to influence ground information and historical perspec- policy during regularly scheduled elec- is the most volatile and most suspicious– tive on the paintings, architecture, tions. It is the responsibility of elected capital gains and bonus payments. sculpture, and interior design that make up officials, he said, to listen, consider and In other business, the committee also Minnesota’s State Capitol building. decide. “You should be the best prepared heard testimony regarding financing plans “A Building for All...” can be pur- to decide” on a plan of stadium financing for stadiums for professional and collegiate chased for $5 per CD (both PC and Mac and not resort to referendums, Jorgenson sports. The committee had before it S.F. versions on one disc) or borrowed at no said. cost by contacting Senate Media Services 1857, a bill carried by Sen. Dean Johnson No action was taken on S.F. 1857. at (651) 296-0264. (DFL-Willmar), which will serve as a vehicle for a stadium financing program. Buzz Anderson, Minnesota Retailers Association, said a proposed wholesale gross revenues tax on sports memorabilia will pose significant problems for retailers. He pointed to disadvantages of imposing the tax at the wholesale level, including forcing distributors based in Minnesota to impose the tax on items that are shipped to stores not in the state and requiring goods entering the state to be taxed upon import. He also said that retailers will lose out to online merchants, who will not pay the tax. Sen. Steve Kelley (DFL-Hopkins) asked how retailers would react to a loss in sales volume if professional football and baseball leave the state. He said a tax at the wholesale level, rather than the retail level, allows the state to continue to participate in the streamlined sales tax project. Fans, Kelley said, have indicated their willingness to do their part, including paying more for memorabilia, to help keep the teams in Minnesota. An image from “A Building for All...” Photo by David J. Oakes
3 Committee update Agriculture, General quality of Fish Lake has increased slightly, Dille said for 30 years he has tested he noted that the city spent over $100,000 sections of his farm for phosphorous and Legislation and Veterans to improve it. As opposed to this, Barten the level has never gone down. However, Affairs said the water quality of two studied Dille also said that he had a difficult time Plymouth lakes improved–one dramati- believing that phosphorous fertilizers have Fertilizer bill approved cally–without any money spent on them. such a large influence on runoff. Such Members of the Agriculture, General He said that he wasn’t claiming the things as decaying leaves, he said, pose a Legislation and Veterans Affairs Commit- Plymouth ordinance was completely bigger problem, but he added that he was tee, chaired by Sen. Steve Murphy (DFL- responsible for the condition of the two still hopeful the bill will make a small Red Wing), met Fri., Feb. 22, to hear a bill lakes, but added, “it certainly appears the difference. regulating the use of fertilizers containing ordinances are having the desired affect.” Ron Struss, from the Minnesota Board phosphorus on lawns. Sen. Dallas Sams (DFL-Staples) of Water Resources, spoke against a part of S.F. 1555, authored by Sen. Linda offered an amendment that specifically the bill that prohibits applying phospho- Higgins (DFL-Mpls.), prohibits the use of a prohibits any local unit of government rous fertilizer to an “impervious surface,” fertilizer containing phosphorous on a from regulating or restricting the use of such as a highway or a street. He said local lawn in a metropolitan county. The fertilizers for agricultural use. The amend- government officials won’t know if a measure also prohibits the use of granular ment was adopted. fertilizer contains phosphorous or not and fertilizer containing more than 3 percent Sen. Steve Dille (R-Dassel) moved an as a result is difficult to enforce. Dille phosphorous, and the use of liquid amendment that was divided into and moved to amend the bill to prohibit all fertilizer at a rate greater than 0.3 pounds voted on in three parts. The first part fertilizers from being applied to impervi- per 1,000 square feet, to lawns in non- specifies that a specialty fertilizer must not ous surfaces. The amendment was adopted. metropolitan counties. The bill, however, be below or exceed the guaranteed The bill was approved and sent to the allows phosphorous fertilizer to be applied analysis by more than the investigational Senate floor. when a lawn has been shown through allowances established by rule. That part Members also heard several bills that testing to have not enough phosphorous to of the amendment was adopted. The were laid over for inclusion in the omni- support healthy growth, during the second part of Dille’s amendment specifies bus agriculture bill. Dille carried S.F. growing season if seed or sod is being that the provisions preempt any local 3267, which extends eligibility for certain applied, on a golf course and when the government ordinances that prohibit or loan programs to include family farm property owner is applying a natural regulate fertilizer containing phosphorous. partnerships. The bill also requires a organic product that contains less than two Because Sams’ amendment dealt with the prospective borrower for a beginning farm percent phosphate. Higgins said the bill same issue, that part of the amendment was loan to participate in a farm management does not apply to agricultural use of withdrawn. Finally, the third part of Dille’s program for three years instead of five and phosphorous fertilizers–such as in fields– amendment eliminates the exemption for extends the value-added agricultural and applies only to lawns. use of phosphorus fertilizer in a metropoli- product loan program to include farmers Shorewood Mayor Woody Love tan county for natural organic fertilizer. financing the purchase of stock in a spoke in favor of the bill. He said many The amendment was adopted. limited liability company or limited times phosphorous fertilizer is used Christopher Riley, from the specialty liability partnership. unnecessarily in lawns that already have chemical producer McLaughlin Gormley Sen. Arlene Lesewski (R-Marshall) plenty of phosphorous–which is a needed King Company and representing Respon- authored two bills, S.F. 3268 and S.F. nutrient–and the excess runs off into sible Industry for a Sound Environment 3269. S.F. 3268 changes current law to nearby lakes and streams. (RISE), testified in opposition to the bill. allow the inspection of grain subject to the Hennepin Parks Limnologist John He said it wasn’t true that there is enough United States Grain Standards Act of 1976 Barten, who said he has managed Minne- phosphorous in the soil. He said if phos- both inside and outside the state. The sota lakes for 25 years and studied lawn phorous is taken out and not replaced measure also allows the Department of runoff for 20, also testified in support of there won’t be any. He also pointed to a Agriculture to enter into agreements with the bill. He said approximately 70 percent study done at the University of Wisconsin seed potato certification entities for of the urban landscape is made up of that reported that the phosphorous various purposes and amends the current lawns, so it was not surprising that they concentration in storm water runoff from definition of “grain buyer” to include contribute to the use of pollutants. Barten unfertilized turf was greater than that of those who purchase grain for the purpose discussed a recent University of Minnesota fertilized turf. The study, he said, found of making products from the grain. S.F. study of lakes in Plymouth–which adopted that was no relationship between the rate 3269 simply changes the effective dates of an ordinance in 1995 restricting phospho- of phosphorous fertilizer application and certain Minnesota food rules to be uniform rous fertilizer use–and in Maple Grove, runoff from the lawns. with federal standards. which has no such ordinance. The Responding to Riley’s two points, Murphy carried three bills, S.F. 3325, Plymouth sites, he said, showed 23 percent Dille said there is replacement of phospho- S.F. 2815 and S.F. 3219. S.F. 3325 less total phosphorous and 43 percent less rous in the soil through natural means. clarifies requirements under agricultural dissolved phosphorous than the Maple There is a tremendous natural reserve, and contracts and S.F. 2815 establishes a Grove sites. Also, he said that the water when people mow their lawns, or when process to recognize and assist efforts by quality in Maple Grove’s Weaver Lake has leaves fall to the ground, he said, the counties to maintain or expand their decreased since 1991, and while the matter decays and replenishes the soil. livestock sector. S.F. 3219 changes
4 pesticide provisions in current law. reduced reimbursements by between 10 Kevin Elfering, from the Food and Members then voted to include the and 75 percent in the past for subsequent Berry Inspection Division within the language of the previous bills into S.F. incidents. He said the board is in place to Minnesota Department of Agriculture, said 3219, approved the bill and sent it to the deal with such issues and has the ability to the labeling is meant to increase the Senate floor. make decisions without legislation. awareness and safety of the product. He Members also listened to a presenta- Sen. Becky Lourey (DFL-Kerrick) said also said identification is necessary to track tion regarding the extension program at she was reluctant to remove the 50 percent illness if it occurs. the University of Minnesota from Dean provision. It provides an incentive, she “We just want to make sure the and Director of the Extension Service said, for farmers to avoid mistakes. Sams product is identified properly,” he said. Charles Casey and Robert Bruininks, said he opposed the amendment. The Dille said all the regulations seemed executive vice president and provost. amendment failed to be adopted. unnecessary. He asked if anyone had ever Sen. Kenric Scheevel (R-Preston) complained from a lack of labeling. Spill reimbursement bill approved offered an amendment to change the Responding, Elfering said the only Members of the Agriculture, General amount allowed for a second incident complaints the department has received Legislation and Veterans Affairs Commit- within 5 years of a previous incident to 60 come from licensed bakeries, which are tee, chaired by Sen. Steve Murphy (DFL- percent of the costs. That amendment was sometimes in competition with community adopted. The bill was approved and re- Red Wing), met Wed., Feb 27, to hear a markets. He said the bakeries wonder why referred to the Finance Committee. they must have such stringent labeling bill changing provisions in current law Sen. Dan Stevens (R-Mora) authored requirements while those who sell their regarding reimbursement to farmers for the S.F. 3256. The bill changes current law to wares in a market do not. clean up of agriculture related fertilizer exempt those who prepare and sell food at Scheevel moved to eliminate the and pesticide chemical spills. a community event or farmers’ market with ingredient labeling requirement. The S.F. 3353, carried by Sen. Dallas Sams gross receipts of less than $5,000 from the amendment was adopted. Sen. Twyla Ring (DFL-Staples), limits the amount of prepared food items licensing provisions. (DFL-North Branch) moved to reconsider reimbursement an individual may receive Current law specifies that those who sell the Stevens amendment. It was reconsid- for cleaning up contaminated sites to the food must do so on less than 10 days ered and divided between the section $100,000 per year. The bill changes the per year with receipts of less than $1,000. requiring a list of participants be kept and formula for reimbursement from 90 Stevens offered an amendment that the section requiring a name and address percent to 80 percent of the total costs requires the organizer of community events on the food being sold. The first section under $350,000 and prohibits the reim- or farmers’ markets to keep a list of all was not approved and the second section bursement of more than 50 percent of the those selling prepared foods and requires not voted on. The bill, in its original form costs for any subsequent incidents at a those selling to accurately label the foods prior to the Stevens amendment, was then single site. The bill also changes the for ingredients. The label must also approved and sent to the Senate floor. license application surcharge and defines include the name and address of those Sen. Mark Ourada (R-Buffalo) “emergency incident.” preparing and selling the foods. The authored S.F. 1811, which allows the Greg Buzicky, from the Minnesota amendment was adopted. transfer of a public drainage system to a Department of Agriculture, said the Regarding the amendment, Sen. water management authority. The bill was account that is used to reimburse farmers Arlene Lesewski (R-Marshall) said it approved and sent to the Senate floor. for cleanup is low on funds. He said the seemed onerous to require people to label bill is designed to decrease expenditures every ingredient in their product. She also by reimbursing less money. said she was concerned with the provision Commerce Sen. Steve Dille (R-Dassel) offered an requiring a list of participants to be kept. amendment that allows reimbursement for Stevens said farmers’ markets already Athletes’ agent bill okayed a subsequent incident in an emergency keep lists of participants. He said because Members of the Commerce Commit- situation, such as arson or an act of nature. many people are allergic to certain foods, tee, chaired by Sen. Linda Scheid (DFL- The amendment was adopted. proper labeling should be required. Brooklyn Park), heard testimony regarding Sen. Jim Vickerman (DFL-Tracy) Stevens also said the name and address of several bills Fri., Feb. 22. A bill that offered an amendment deleting the the seller is needed in case it is necessary to requires all agents of student athletes to definition of emergency incident and track a food borne illness. He added that register in the state was carried by Sen. deleting the requirement that reimburse- labeling helps promote the product Deanna Wiener (DFL-Eagan). S.F. 2827, ment for a subsequent incident be no more anyway. also known as the Uniform Athlete Agent than 50 percent. “I don’t see anything here that is Act, requires the commissioner of the Roger Strand, chair of the Agricul- overly restrictive,” he said. Commerce Department to issue agent tural Chemical Response and Reimburse- Allen Gardener, from the Minnesota certifications and oversee the regulation of ment Account (ACRRA) Board, which Farmers Market Association, said sellers of the registered agents, Wiener said. Univer- determines eligibility and levies the homemade foods aren’t required to list sity of Minnesota Compliance Officer reimbursements, spoke on behalf of the everything, such as various food additives Frank Cerra said the bill provides good amendment. He said the board already has labeled on commercial products. He said protection for both student-athletes and the discretion to deal with issues of re- he didn’t see any problem with requiring institutions. The bill was recommended to contamination. He said reoccurrence is general labeling, and said it should only pass and re-referred to the Crime Preven- unusual, but added that the board has take a few seconds to do. tion Committee.
5 Committee update Sen. Warren Limmer (R-Maple complaints that are not violations. Sen. William Belanger (R- Grove) carried S.F. 2913, a bill that allows Commerce official Mary Lippert disagreed, Bloomington) offered an amendment that retirees from several professions to con- saying usually the department doesn’t deleted the entire bill except for the tinue to use their professional designation know the nature of the violation until well provision that deals with prior authoriza- as long as it is preceded by the word after the investigation has commenced. tion requests. The committee heard “retired.” Retired engineer Jerry Unger said Scheid also said the bill requires licensees continued discussion from opponents of he wanted to maintain his professional to disclose material facts about any adverse the bill, including Michael Scandrett, designation because he had worked hard physical conditions of a property to executive director of the Minnesota to get it and feels it helps him in his potential purchasers, but deems the fact Council of Health Plans. “Legislative current volunteer activities. The bill was the house was the site for a homicide, language is not going to solve the prob- recommended to pass and be placed on the suicide or felony or is located near an lem,” Scandrett said. He said that health Consent Calendar. adult family home as immaterial. Dioury plans are committed to making changes Several small businesses that cater to said any disclosures, beyond the physical and that there has already been positive immigrants were casualties of an unin- condition of the house are ambiguous and improvements in the relationship between tended consequence of the Money impossible to codify. The bill protects plans and providers. Minnesota Chamber Transmitter Act passed last year, according licensees from frivolous lawsuits from of Commerce official Carolyn Jones said to Sen. Steve Kelley (DFL-Hopkins). He remorseful buyers, she said. Several there is no question that the system is carried S.F. 3174, a bill that lowers the committee members said the disclosures to broken, but trying to legislate disputes bonding and net worth requirements for purchasers should go beyond the objective between plans and providers does little to small electronic money transfer businesses. facts. Lippert said the Commerce Depart- help consumers. The bill allows small, immigrant-owned ment had no official position. Lippert said Belanger withdrew his amendment, businesses, which often provide the sole the department did object strenuously to and the bill was laid aside. means to send money to family members in an additional provision in the bill that remote areas across the world, to remain prevents the commissioner from facilitat- Auto glass addressed open. The bill was recommended to pass ing monetary settlements between consum- The Commerce Committee, led by and sent to the floor. ers and licensees when a licensee has been Vice Chair Linda Scheid (DFL-Brooklyn “It is important for Americans to have named in a complaint. Dioury said bill Park), devoted the bulk of its Wed., Feb. faith in securities,” said Attorney General supporters believe paying off consumers to 27, hearing to the issue of auto insurance Mike Hatch, when he testified in support settle complaints is inappropriate for a and auto glass repair and replacement. of S.F. 3016, a bill that prohibits CPAs regulatory body. The bill was recom- Discussion centered on a bill carried by from providing accounting and consulting mended to pass and sent to the floor. Sen. James Metzen (DFL-South St. Paul), services to the same client. “This won’t Sen. Dallas Sams (DFL-Staples) S.F. 2553. The bill repeals provisions in happen in Congress,” Hatch said. “People carried S.F. 2532, the Minnesota Health state law requiring the commissioner of in the state want something done.” The Plan Contracting Act. Scheid said the bill commerce to conduct a market survey to bill author’s, Sen. Douglas Johnson (DFL- was merely going to be discussed, but not determine fair and reasonable market Tower), said the bill is to prevent the voted on. Sams explained the bill prima- prices for auto glass services. conflicts-of-interest that exist when CPAs rily modifies prior authorization request Metzen said the main issue is price play dual roles for clients. requirements and establishes requirements Scott Nelson from the Minnesota for provider contracting. The bill allows gouging by glass service companies. “I Society of Certified Public Accountants providers to leave prior authorization thought we resolved this several years ago,” acknowledged that in the wake of the information regarding procedures with the he said, “when limits were established on Enron scandal some CPA reform was health plan via voice mail or electronic promotional giveaways to attract custom- necessary, but he opposed the state bill. communication, Sams said. Currently, ers.” However, Metzen said, the system “Necessary reform should come from providers must speak with health plan established isn’t working very well. Sen. comprehensive analysis at the federal representatives, he said, often a very Cal Larson (R-Fergus Falls) said the level,” Nelson said. “If [reform is] under- inefficient and time-consuming process. average cost of windshield replacement taken at the state level, it will result in a Among other provisions included in the has gone up considerably in the state, patchwork of uneven and cumbersome bill are allowable payments that are almost 20 percent in the last year. rules.” The bill was laid aside. defined by the legislation and not unilater- Stuart Henderson, president of the Scheid carried S.F. 2821, a bill that ally by health plans, requirements for Western National Mutual Insurance pertains to rules and regulations surround- health plans to disclose all relevant Company, said other states do not have as ing real estate licensees. Among the information regarding allowable payments great a problem with escalating auto glass provisions in the bill, Scheid said the within 90 days of a signed provider costs as Minnesota. He said the free market commissioner of commerce is required to contract, and requirements for health plans isn’t being allowed to work in Minnesota. cite the specific statute or rule that was to provide written explanations and Insurance companies can easily cover the violated when conducting an investiga- provide appeals processes for recoupments cost of higher replacement and repair rates, tion of a real estate licensee. Minnesota of over $1,000. Several providers spoke in he said, by rolling the increases into Association of Realtors representative support of the bill and said that the increased premiums. “This is not a money Susan Dioury said the provision prevents provisions financially benefit health plans issue for me, but a moral issue,” Henderson licensees from being forced to respond to and providers alike. said.
6 Commissioner of Commerce James claims simply and efficiently. He defended said the new verdict provides victims with Bernstein said the current system has not the use of third-party call centers as a sign the security of knowing offenders are off worked because two competing factors of efficiency. With over 71,000 auto glass the streets. “It is good policy to provide have pulled the auto glass industry apart. related claims filed last year, he said, State treatment, but it is also good policy to Some glass service companies, he said, are Farm cannot devote internal resources to have people sentenced for their crimes,” he severely overpricing–even charging up to handling each case. said. three times as much as other competitors. Johnson said language in the amend- Discussion on the measure revolved At the same time, at least one insurance ment requiring callers to hear sections of around the difficulty of proving insanity if company is effectively driving glass service statute verbatim will turn many callers off the defendant didn’t want to admit mental companies out of the market by setting a and they will simply hang up. The illness. John Kingry, representing the price from which it will not differ, even by amendment was not adopted. S.F. 2553 County Attorneys Association, said $5 or $10. was approved and sent to the full Senate. proving mental illness is both difficult and Bob Johnson, Insurance Federation of In other business, members of the expensive because of the high thresholds Minnesota, said most consumers do not panel also considered two bills relating to that must be met and because of the need comparison shop auto glass services. He the use of credit scoring in insurance. S.F. to call expert witnesses. said consumers are usually driven by a 3345, authored by Sen. David Tomassoni The bill specifies that a person found desire to have their auto glass fixed or (DFL-Chisholm), requires insurance guilty but mentally ill may be treated like replaced quickly and efficiently. companies that use credit scoring in auto any other guilty offender except that there Addressing issues of so-called “steer- and homeowner’s insurance to give their is a requirement that the person be treated ing,” whereby insurers direct vehicle agents access to that information about for mental illness. owners to use a certain network of auto insured parties and applicants. S.F. 2363, Sen. Thomas Neuville (R-Northfield) glass service providers, Sen. Deanna carried by Sen. David Johnson (DFL- offered an amendment that clarifies that a Wiener (DFL-Eagan) offered an amend- Bloomington), prevents insurers from using person may be found guilty but mentally ment requiring third-party call center credit information as the sole basis for ill only if the person has asserted a defense employees to inform callers of their rights rejection, cancellation or nonrenewal of of insanity. The amendment also specifies under Minnesota law to choose any service an automotive or homeowner’s policy. that if the person still suffers from mental provider and to identify who the call The bill also requires insurance companies illness 90 days prior to the person’s release center employee works for. Two consumers that use credit scoring to file their method- date, the commissioner of corrections must testified about negative experiences they ologies with the Department of Commerce make a preliminary determination whether had with similar call centers. Both consum- before implementing the plans or within a civil commitment petition is appropri- ers identified specific glass service compa- 120 days of enactment of the legislation. ate. The amendment was adopted. The bill nies they preferred to use, but were told by Both bills were advanced to the floor. was approved and advanced to the call center employees that using those Sen. John Hottinger (DFL-Mankato) Finance Committee. companies would require the insurer to get carried a bill eliminating an expiration In other action, the committee, a competitive bid from another glass date in a statute giving a franchisee the chaired by Sen. Jane Ranum (DFL-Mpls.), service company, require the vehicle right of first refusal when a motor vehicle approved three additional bills. S.F. 3073, owner to pay the glass service company fuel franchiser sells its interest in marketing authored by Sen. David Knutson (R- and accept partial reimbursement from the premises occupied by a franchisee. He said Burnsville), clarifies the standard for a insurer for the amount of the competitive the law has been useful to gas station misdemeanor violation of an order for bid. Such activity, the consumers said, is owners or operators who wish to remain in protection. Under the bill, a crime occurs viewed by its opponents as coercion and business when a larger corporation is if the person knows of the existence of an steering. selling its interest in the station. The bill order for protection. Currently, the person Bernstein said the Department of was sent to the floor. must have been served to violate an order Commerce is currently not pursuing any of for protection. S.F. 3167, sponsored by the steering complaints that it receives. He Crime Prevention Sen. Don Betzold (DFL-Fridley), authorizes said the department has limited resources access to data for purposes of the commis- and proving steering is much more New verdict bill heard sioner of corrections’ preliminary determi- difficult than proving price gouging. Most A bill authorizing a verdict of “guilty nation of whether a petition of civil complaints, Bernstein said, are not on but mentally ill” dominated debate at the commitment as a sexual psychopathic quality of work issues with glass service Fri., Feb. 22, meeting of the Crime personality or sexually dangerous person is companies. Assistant Commissioner Gary Prevention Committee. S.F. 2618, appropriate. S.F. 3076, carried by Sen. Levasseur said steering is often not as overt authored by Sen. Douglas Johnson (DFL- Richard Cohen (DFL-St. Paul), imposes a as the examples related to the committee. Tower), provides for the new kind of misdemeanor penalty for intentionally Most consumers, he said, do not have a verdict as an alternative to the “not guilty obstructing an emergency vehicle during specific company in mind when they call by reason of insanity” verdict that exists in emergency duty. All three bills were their insurer. current law. advanced to the full Senate. A representative of State Farm Johnson said, “The main motivation Insurance said, “Our position as a company for the bill is to lock up people who Police powers debated is to protect the interests of all policyhold- commit violent crimes and not let them The Crime Prevention Committee ers.” He said part of that goal is processing get off with an insanity plea.” Johnson also devoted most of the Wed., Feb. 27,
7 Committee update hearing to a debate on police powers. At officers when designated by the commis- However, Michelle Beeman, legisla- issue was a bill, S.F. 3055, expanding the sioner. tive director for the DNR, argued against police powers of the Metropolitan Transit The amendment touched off a debate the amendment. Beeman said the Police to include the authority to conduct about the scope of the peace officer commissioner’s authority provides flexibil- secondary investigations and issue search powers the commissioner may delegate and ity in using scant resources more effec- warrants. The measure, authored by Sen. the training necessary for other peace tively. Don Betzold (DFL-Fridley), clarifies the officers. Foley said, “Currently, DNR Betzold said the subject of DNR jurisdiction of the Metropolitan Transit employees have broad police powers, but employees was raised in the other body Police and authorizes Metropolitan Transit with the advent of the Peace Officers and that the companion bill contains Police Officers to apply for and execute Standards and Training Board, the intent language similar to the amendment. He also said that he thought the issue would search warrants. According to Jack Nelson of the Legislature has been to have peace be better served in a separate bill. of the Metropolitan Transit Police, the bill officers obtain the necessary credentials to Committee Chair Jane Ranum (DFL- gives the Transit Police the same powers carry out their duties.” Neil Melton, of the Mpls.) said members seemed reluctant to given to the Minneapolis Park Police, the Peace Officers Standards and Training grant broad police powers, but also were Metropolitan Airport Police and the Board, said that although the board had no reluctant to hamper the ability of the DNR University of Minnesota Police. official position, it is important that peace to issue citations to persons who were The bill, though, was not the main officers be POST Board certified. Anthony violating the laws relating to natural issue of debate. Discussion centered on an Cornish, representing Conservation resources. Sen. Satveer Chaudhary (DFL- amendment, offered by Sen. Leo Foley Officers, said, “The intent of the amend- Fridley) said, “In a perfect world, the (DFL-Coon Rapids), that eliminates the ment is to take away the commissioner’s department would be able to have all the authority of employees of the Dept. of authority to make peace officers out of conservation officers that it needs, but in Natural Resources, while engaged in anyone, because everyone is at risk if reality it is necessary to provide as much employment in connection with recre- Natural Resource Officers are allowed to flexibility as necessary to protect the state’s ational areas to have powers of peace have the peace officer powers.” natural resources.”
WWII veterans Robert “Buster” Skallerud of Madison, left, and Pat Murphy of Maple Grove listen to discussion, at an Educa- tion Committee hearing Wed., Feb. 27, on a bill requiring the recitation of the pledge of allegiance in all public schools. Photo by David J. Oakes
8 Sen. Dave Kleis (R-St. Cloud) offered added that school boards have the right to Kelley carried S.F. 3028, a bill that an amendment restricting the authority of waive the requirement and students or authorizes the Minnesota Commission on DNR employees to issue citations for petty teachers can be excused from participation National and Community Service misdemeanors, after having undergone the if they object to the pledge. (MCNCS) to create and delegate duties to appropriate training. However, members “I saw so much disrespect for our flag,” a private, nonprofit corporation . Kelley pointed out that many of the violations in said Virgil Persing from the American said that in addition to encouraging young the DNR statutes were misdemeanors, Legion, speaking on behalf of the bill. “I citizens in the state to participate in rather than petty misdemeanors. Kleis think it’s time to start telling children what democracy, the bill creates a structure for withdrew the amendment, but Sen. the flag means.” national youth service in the state. Thomas Neuville (R-Northfield) offered Sen. Michele Bachmann (R- “The bill allows the department to be an amendment specifying employees, after Stillwater) offered an amendment that had reinvented as an entrepreneurial organiza- having received training, may issue more emphasis on a daily statewide tion that can successfully leverage private citations for misdemeanors committed in requirement to recite the pledge of and federal funds to increase opportunities their presence. The amendment to the allegiance. The amendment was rejected for Minnesotans to serve their communi- amendment was adopted. Members failed, 12-13. Sen. Kenric Scheevel (R-Preston) ties,” said MCNCS official David Nasby. though, to adopt the Foley amendment. said he felt Chaudhary’s bill was a distinct He added the department administers the The bill was then approved and advanced attempt to prevent the other pledge bill federal AmeriCorps program in the state to the full Senate. from being heard. Committee Chair and that the bill allows greater access to In other action, the panel advanced Sandra Pappas (DFL-St. Paul) said her the federal funds. three additional bills. S.F. 2827, sponsored intention was to be fair and to submit a The bill was recommended to pass by Sen. Deanna Wiener (DFL-Eagan), bill to the committee that could be passed and re-referred to the State and Local provides for registration of agents of without being used as a litmus test for Government Operations Committee. student athletes. Wiener said the bill was patriotism. Sen. Cal Larson (R-Fergus Members approved the appointments before the committee because of a Falls) said he thought it would be logical of Richard Berge, Robert Duncan, Paul provision specifying a gross misdemeanor to hear only the pledge bill that has a Johnson, Phil Koprowski, James Potter and penalty for violations of the registration companion bill in the other body. The bill Mark Sathe to the Board of the Minnesota law. Members approved the bill and re- was laid on the table. State Academies. referred the measure to the Judiciary The other pledge bill, authored by Members also approved the appoint- Committee. Members also approved S.F. Sen. Mady Reiter (R-Shoreview), was ments of Patricia Anderson, Alex Boies, 3373. The bill, sponsored by Sen. David amended to match the language in the Renee Jenson, and Marjorie Barton Savage Knutson (R-Burnsville), requires public companion bill in the other body. Reiter to the Board of the Lola and Rudy Perpich employees, officials and officers to make said S.F. 2411 sends a strong message that Minnesota Center for Arts Education. reports of unlawful actions to a law the pledge of allegiance is important, but Finally, members approved the enforcement agency as well as to the state allows students, teachers and districts to appointments of Carol Blomberg and auditor. The bill was also re-referred to the opt out. Speaking against the bill, Sen. David Rowland to the Minnesota Higher Judiciary Committee. S.F. 3244, carried by Steve Kelley (DFL-Hopkins) said he felt Education Facilities Authority. Sen. Grace Schwab (R-Albert Lea), strongly about the principle of government authorizes electronic signature on labora- not mandating that students recite a E-12 Education Budget tory blood sample reports. The bill was pledge. Sen. Julie Sabo (DFL-Mpls.) said approved and recommended for place- schools already have the right to say the Division ment on the Consent Calendar. pledge as much as they like. Sabo and Sen. David Tomassoni (DFL-Chisholm) both School levy bills heard Education offered amendments that tempered the A dozen bills authorizing school levies mandatory language in the bill, but both were considered by the E-12 Education Pledge bills debated proposals failed. The bill was recom- Budget Division, when the group met Discussion at the Education Commit- mended to pass and sent to the floor. Mon., Feb. 25. Sen. LeRoy Stumpf (DFL- tee meeting held Wed., Feb. 27, was Cecilia Dodge of the Department of Thief River Falls), division chair, said all dominated by two competing bills that Children, Families and Learning (CFL) the bills requiring levies would be laid pertained to recitation of the pledge of explained two amendments that the over until it was clear there would be allegiance in state schools. Sen. Satveer department wished to incorporate into S.F. funding for the measures. Chaudhary (DFL-Fridley) said he was 2736, the CFL policy bill. One amend- Sen. Julie Sabo (DFL-Mpls.) brought interested in broadening students’ expo- ment spells out the education rules and forth a bill she said is needed to keep sure to American history and national regulations for youth in care and treatment desegregation programs running in symbols long before Sept. 11. He carried facilities, including detention centers, said Minneapolis. “Schools don’t create S.F. 1716, a bill that requires public and Dodge. The other provision makes segregation,” she said, “but we look to charter schools to provide regular opportu- mediation voluntary between parents and schools to solve it.” The bill, S.F. 2766, nities for civics education, including, but districts when disputes arise. Both amend- provides for the Minneapolis school not limited to, the recitation of the pledge ments were approved and sent to the E-12 district to levy for the sum of $446 times of allegiance and discussion of the history Division to be incorporated into the CFL the adjusted pupil units for the school year and meaning of the pledge. Chaudhary policy bill. and an additional $90 times the adjusted
9 Committee update pupil units for the school year that is Vickerman’s other bill, S.F. 2689, Higher Education Budget provided entirely through a local levy. permits shared aid time allowances to Sabo said that last year the Legislature follow students to non-resident districts. Division made the appropriations to Minneapolis Vickerman said the bill has no fiscal and St. Paul school districts equal, even impact because the money is already in the Required reports heard though Minneapolis has a greater need for funding formula, yet would increase Members of the Higher Education desegregation funding. She said that after a learning opportunities for students and Budget Division heard a series of reports, lawsuit brought by the NAACP, Minne- give them greater choice. The measure was Mon., Feb. 25, from the University of apolis has had to bus 2,000 students to attached to the E-12 policy bill. Minnesota and Minnesota State Colleges schools in the suburbs. S.F. 3130, authored by Sen. Chuck and Universities. The annual reports are Sen. Martha Robertson (R- Fowler (DFL-Fairmont), okays a fund required of the institutions under a state Minnetonka) said the Legislature did not transfer for the Truman schools. He said law passed last year. exactly cut the funding for desegregation, the transfer is needed to alleviate The reports to the division, chaired by but instead restricted the uses for compen- $600,000 of debt for the school district. Sen. Deanna Wiener (DFL-Eagan), include satory funding. She said the shortage could The schools, he said, have over $600,000 a joint report on Metropolitan Area be solved by re-allowing the spending of in their capital fund that would be better planning and reports from MnSCU on the the money for miscellaneous expenses. She used for general purposes. The bill was Minnesota Transfer Curriculum, academic said the if the amounts for incremental and added to the E-12 policy bill. priorities of the system, instructional compensatory funding are added together, Sen. Grace Schwab (R-Albert Lea) spending within MnSCU and fiscal Minneapolis actually got more money this authored S.F. 2522, which authorizes accountability. year than last. declining pupil unit aid for schools in Robert Bruininks, executive vice Sen. Linda Scheid (DFL-Brooklyn Albert Lea. She said the money is needed president and provost of the U of M, said a joint discussion of post-secondary opportu- Park) presented a bill, S.F. 2746, that because a fire at the Farm Land Foods nities within the Metropolitan Area allows allows intermediate school districts to levy plant in the city caused many residents to both the U of M and MnSCU to think funding needed to pay for judgements. She loss their jobs and leave the school district. creatively. He said public post-secondary said the bill had no cost to the state “What has happened to my community institutions in the Metro Area serve over because there were no immediate judge- could not have been planned for or foreseen,” she said. 75,000 full-year equivalent students each ments pending against intermediate school year, or about one-third of the state’s districts. However, she said, the bill is S.F. 2723, presented by Sen. Twyla Ring (DFL-North Branch), extends the higher education market. Bruininks also needed to prevent future problems. She said the Metro Area is growing faster, and deadline for Pine City schools to levy for said currently intermediate school districts more diverse, than the rest of the state. disabled access needs. Ring said the school must rely on individual districts to levy for Linda Baer, MnSCU senior vice chancel- now needs bleachers, restrooms and judgements. Robertson said the risk of lor for academic and student affairs, said playground equipment that are accessible, judgements against intermediate districts is there is minimal duplication between the greater than for regular school districts, in addition to the original needs. two institutions. She said the process of because intermediate districts tend to have Sen. Don Betzold (DFL-Fridley) inter-system transfers is improving, more special needs children. offered a measure that allows Fridley allowing for a smoother transition for Sen. Charles Berg (R-Chokio) offered schools to levy to pay for the operational students. Future efforts include targeting a measure, S.F. 177, that allows Lac Qui costs of a community education building. existing resources more specifically within Parle schools to levy funding in order to Director of Fridley Community Education the Metro Area, identifying areas of greatly pay for staffing needs. Berg said that when Jackie Johnson said the building is over 50 increasing demand for lifelong learning, several schools merged to form the Lac Qui years old and is extremely costly to coordinating resources with preK-12 Parle District, only the most senior staff maintain. Last year, she said, community education systems, and expanding partner- stayed on board. He said soon the schools education spent $200,000 on the facility ships to include private colleges and pre- will experience a rush of teachers toward and could not raise class prices to cover collegiate education systems, Bruininks retirement, with little funding for new the cost. Betzold said several other said. teachers and pensions. communities were having similar problems Sen. Anthony “Tony” Kinkel (DFL- Sen. Jim Vickerman (DFL-Tracy) with operational costs for community Park Rapids) asked Baer and Bruininks brought forth two requests for levies. The education and the bill could be broadened about the new federal testing agenda. Baer first, S.F. 2935, allows for a fund transfer to include them. said any educational testing should be for Butterfield schools. The bill allows for Betzold also offered S.F. 2992, which accompanied by programs that resolve the transfer of $117,000 from the district’s permits schools to levy to cover the issues identified in test results. “I do capital reserves to its general fund. The expense of swimming pool maintenance. believe you measure what you value,” exchange is needed, said Vickerman, He said many districts have pools that they Bruininks said, though he acknowledged because the school has been using general cannot afford to maintain. Sen. Martha that one can also test excessively without fund money to pay for capital projects and Robertson (R-Minnetonka) said that gain. He said high school students should is now in a quarter-million dollars in debt. compared with the many urgent needs for be encouraged to take preparatory The bill was amended into the E-12 policy schools, swimming pools should be very requirements for post-secondary education. bill. low on the priority list. Bruininks also emphasized the importance
10 of taking the ACT exam as a signal of Further data, he said, will track transfers The measure delays the start of the bear seriousness about post-secondary educa- from MnSCU universities. Schonecker hunting season until after Labor Day. He tion. said MnSCU graduation and transfer rates said the bill addresses a concern about the Vice Chair of the MnSCU Board of are comparable to or higher than similar safety of people vacationing in the woods Trustees Jim Luomo said the board is institutions across the country. Baer said where bear hunters are present. “We try committed to making the Minnesota customized training revenue, or revenue very hard as a state to promote tourism Transfer Curriculum successful for from contracts with employers for MnSCU through Labor Day,” he said. MnSCU students across the state. He said to provide educational resources, in- Edward Boggess, from the Dept. of thousands of students transfer every year creased by 14.6 percent from FY 2000 to Natural Resources (DNR) wildlife and thousands of times the transfer system FY 2001. Total customized training division, said there have been four works. However, Luomo said, we hear a lot revenue in FY 01, she said, was $19 accidents involving bear hunters in the about the few times it doesn’t work. million. past five years. All of the accidents, he Luomo said there are three key points Reporting on instructional spending, said, involved people who were hunting. about transferring. “Students need to be Judy Borgen said MnSCU general fund He said the DNR is hesitant to bump the responsible,” he said. While MnSCU can spending on instruction and academic start of the season back because later in the provide them with good counseling and support declined from 63.8 percent of season bears become more nocturnal and good resources, Luomo said, students also total general fund expenditures in FY harder to hunt. He said bear hunting is need to exercise common sense and utilize 2000 to 63.3 percent in FY 2001. She said crucial for tourism, because more non- those resources to their fullest extent. the decline was because the system was Minnesota residents hunt bear in this state Luomo also said the technology behind faced with escalating costs in physical than any other animal. the transfer system needs to work and that plant spending, especially for fuel. Borgen, Sen. Twyla Ring (DFL-North Branch) transferring works both ways, both to and who serves as associate vice chancellor for asked if the DNR could make the season from two-year and four-year degree budget, said actual dollar spending did shorter but increase the number of licenses. programs. In all cases, he said, the goal increase, by over $32 million, but that Boggess said raising the number of hunters must be “a degree with integrity.” Baer and relative to the budget as a whole, instruc- may become a safety issue and does not Craig Roke, system director for program tional spending decreased. necessarily augment the number of bears collaboration, explained several technical Borgen also reported on how MnSCU caught. The committee laid the bill over. aspects of the transfer system. They said allocated state appropriations, the FY 02 The DNR’s recommended game, fish that all MnSCU institutions have imple- tuition rates and fees, and the amount of and habitat policy changes are covered by mented or are implementing the Minne- funding leveraged by institutions within Committee Chair Jane Krentz’s (DFL-May sota Transfer Curriculum and that an the system. Borgen said MnSCU institu- Township) S.F. 2674. Among other DNR online student manual has been devel- tions used almost $7.5 million in state suggested changes, the bill creates a prairie oped, allowing students and transfer money to leverage over $30 million in chicken hunting license lottery and specialists to plan ahead. other support in FY 01. During the first six prohibits new turtle licenses from being Baer and Craig Schoenecker, system months of FY 02, she said, the institutions issued after June 2002. director for research and planning, have used almost $7.5 million in state The committee adopted four amend- identified the five program areas of highest funds to leverage over $23 million. Borgen ments to the bill. The first, offered by Sen. priority to MnSCU as business and said the expected total in leveraged funds Dan Stevens (R-Mora) permits the sale of information technology, education, will be over $30 million by the end of the wildgame, otherwise prohibited, at non- engineering and manufacturing technol- fiscal year. Kinkel noted that MnSCU profit fund-raising events, such as game ogy, health care, and protective services allocated almost $24 million in inflation dinners. Sen. Dennis Frederickson (R-New and law enforcement. They said MnSCU as part of institution budgets for FY 02. He Ulm) said the change might create a has reallocated over $20 million annually, told members of the panel that the figures market for wildgame and make the over the past three fiscal years, to address listed for each institution are what may be enforcement of hunting laws more the priorities. Baer and Schonecker said cut if inflation is not factored into budget difficult. He also said people may feel MnSCU is working to increase enrollment calculations for FY 04-05. more comfortable hunting over limit of first-generation students. Baer said 18 because the game may be donated to a campuses participate in a federal grant Environment and Natural good cause. program specifically aimed at first- The second amendment adopted by generation students. Regarding graduation Resources the members allows the DNR to restrict and transfer-out rates, Schonecker said the fishing on lakes where aquiculture colleges had a combined rate increase from Bears, habitat bills heard businesses are run. Sen. Charles Berg (R- 53.5 percent in 1999 to 53.8 percent in The Environment and Natural Chokio) said the provision will stop 2000. He said the universities’ graduation Resources Committee met Thurs., Feb. 21, fishing on a lake on his district where rate increased from 39.7 percent in 1999 and heard five bills on topics ranging from brood stock is being wiped out by anglers. to 41.2 percent. At the request of one bear hunting and wildlife habitat to The third change, offered by Berg, institution, he said, the system tracked consolidated conservation lands and adds turtles to the list of animals that may transfer rates for the institution and found feedlot provisions. be farmed. He said turtlists are already that a large share of non-graduates leaving Sen. Leonard Price (DFL-Woodbury) covered by law but the language in statue did transfer to another MnSCU institution. brought S.F. 3240 before the committee. should be clearer.
11 Committee update The final amendment, sponsored by prohibition on the construction of new The measure also modifies the Sen. Pat Pariseau (R-Farmington), requires facilities. Existing lagoons, she said, are requirements for the emergency declara- trappers to take an educational course allowed to operate. tion of quarantine zones. The bill removes before being licensed. She said there is no Scheevel said the exemptions in his the three-mile limit for the radius of zone. cost to the state because the class is offered bill are needed by small farms to mitigate Doug Spanier, from the Dept. of Agricul- by the Minnesota Trappers Association. pollution problems without the prohibi- ture, said the change is needed to prepare Sen. Bob Lessard (IND-Int’l. Falls) said he tive expense of building new waste storage for the event of nuclear terrorism, in which has been a trapper since he was a child and systems. Sen. Dennis Frederickson (R-New a greater zone radius would be necessary. believes that an educational course would Ulm) said smaller farms with older barns The committee approved the measure be beneficial to trappers and improve their require shallow lagoons to catch and store and re-referred the bill to the Finance reputation. The bill was recommended to run-off. Scheevel said Lourey’s bill would Committee. pass and advanced to the Environment and inadvertently hurt small farmers. The members also okayed S.F. 2770, a Agriculture Budget Division. Committee Chair Jane Krentz (DFL- bill sponsored by Sen. Linda Higgins The committee also recommended May Township) said Scheevel’s bill did (DFL-Mpls.), which incorporates the S.F. 2125, authored by Sen. Roger Moe not limit the size of basins used after suggestions of the Solid Waste Advisory (DFL-Erskine), to pass. The bill completes conversion to different animal type. Committee. The group consisted of 27 the final designation of 102,000 acres of Scheevel offered an amendment that members from the Legislature, environ- state consolidated conservation (Con- restricts the use to a single 1-million gallon mental groups, refuse businesses, and other Con) land into Wildlife Management basin. The committee adopted the stakeholder communities. The bill Area units. According to the DNR, the changes. specifies that legislative policies must treat land area is equivalent to almost half the The bill also exempts from penalties waste produced in the state as a resource. acreage of the state’s entire park system. farmers who apply fertilizers and pesticides Bob Meier, from the Office of Environ- Steve Morse, DNR deputy commis- lawfully but create illegal chemical levels mental Assistance, said Target, Anderson sioner, said the bill settles 70 years of in run-off due to acts of war, vandalism, Windows and IBM have begun to profit contentious debate over the fate of the state negligence or “an act of God,” such as from the reuse and recycling of their land. He said in addition to wildlife flooding. Scheevel said the provision garbage and the state has much to gain by habitat and timber production, the lands creates consistency between the Dept. of following their example. provide significant flood control for the Agriculture and the Dept. of Natural “The bill elevates dirty diapers and Red River Basin and offer several outdoor greasy pizza boxes to the level of re- Resources. The members recommended recreational activities for local residents. sources,” said Sen. Dan Stevens (R-Mora). the bill pass, and re-referred the measure to Under the bill, counties receive the Krentz suggested altering the provision so the Agriculture, General Legislation and payment-in-lieu-of-tax increased from that only recoverable waste is considered a Veterans Affairs committee. $.44 per acre to $3.54 per acre as well as resource. The committee adopted the Krentz presented S.F. 3192, which half of the revenues generated by the land. changes. The bill was advanced to the Finance makes changes to environmental and S.F. 2770 also charges the Office of Committee with a recommendation to agriculture policies related to terrorism. Environmental Assistance with developing pass. The bill adds emergency waste and debris statewide five-year goals to improve the disposal to the governor’s emergency management of the state’s solid waste in a Open air swine lagoons debated management authorities. Under the manner that optimizes multiple processes measure, in the event of a war or peace- and technologies. The bill also requires Prohibitions on open air swine time emergency, the governor may lagoons took center stage at the Environ- the MPCA to research and report on the authorize the Minnesota Pollution Control state’s potential long-term liability for ment and Natural Resources Committee Agency (MPCA), without legislative hearing, Tues., Feb. 26. Measures offered waste generators and haulers depositing approval, to dispose of waste and debris in by Senators Becky Lourey (DFL-Kerrick) garbage in landfills. order to minimize the impact of a dire and Kenric Scheevel (R-Preston) disallow Sen. Gen Olson (R-Minnetrista), who the permitting of new open air swine situation on human health or the environ- served on the advisory committee, said the lagoons. Scheevel’s measure, S.F. 2664, ment. negotiations on the recommendations in makes exemptions for existing facilities Sen. Pat Pariseau (R-Farmington) said, the bill were not thoroughly debated by that use basins of less than 1 million “This bill gives extraordinary powers to a the group and cautioned the committee gallons as part of a permitted waste single person.” She said she was concerned against recommending the measure before treatment program or basins used after about the addition of personal real estate considering each provision carefully. conversion to a new animal type. and any facilities to the list of items that Stevens recommended deleting all Lourey said the ban on new open air can be commandeered by the governor in segments of the bill, except the goal setting swine lagoons is needed to control the the case of emergency. Currently, motor requirement. The committee rejected his smell of the facilities, which irritates vehicles, tools, appliances and other amendment, recommended the bill to pass, neighbors. “The bill,” she said, “helps personal property are the only items that and sent the bill to the floor. neighbors live with neighbors.” She said may be commandeered. Sen. Jim Vickerman (DFL-Tracy) open air swine lagoons have not been built Frederickson said the extraordinary presented H.F. 3116, which modifies in years and her bill, S.F.3013, only powers are only given in extraordinary provisions concerning the Citizen Advi- removes the sunset date on the current circumstances, such as terrorist attacks. sory Committee to the Legislative Com-
12 MPCA. The bill puts a moratorium on the review of new technology for waste water treatment systems and deletes the require- ment that the Legislature fund the waste tire clean-up program. Lisa Thorvig, MPCA assistant commissioner, said neither of the two programs is currently running or receiving funding. Sen. David Tomassoni (DFL-Chisholm) proposed an amendment, which the committee adopted, that creates a new sanitary district in Northern Minne- sota. The bill was okayed and advanced to the floor. Sen. Bob Lessard (IND-Int’l. Falls) offered a measure that adds perchloroeth- ylene and its degradation products to chemicals covered by the Drycleaner Environmental Response and Reimburse- ment Fund. He said that the fund is working famously to combat the environ- mental hazards of dry-cleaning, but new chemicals are being used by cleaners that are not included in the program. He said the change was non-controversial. Repre- sentatives from the Drycleaners’ Associa- tion said they approved of the bill. The committee recommended the bill to pass and forwarded the measure to the Finance Committee. Environment and Agriculture Budget Division Fish and game bill heard Division Chair Leonard Price (DFL- Woodbury) and members of the Environ- ment and Agriculture Budget Division assembled Mon., Feb. 25, and discussed the omnibus Dept. of Natural Resources (DNR) fish, wildlife, forestry and habitat bill. The measure, authored by Sen. Jane Krentz (DFL-May Township), codifies DNR recommendations for six needed policy changes. The bill, S.F. 2674, streamlines provisions governing state timber sales by establishing a time limit by which a timber purchaser must sign a permit, clarifies the alternatives to posting a bond for the value In an historic first, 18-month-old Israel Friedman, son of Rabbi Mordechai Fried- of the timber, and repeals an outdated man of St. Paul, and 16-year-old Eli Bryski of Los Angeles, joined other members of statute on Christmas tree leases, which the Jewish community in the Capitol rotunda Tue., Feb. 26, to celebrate the Jewish have not been issued in 25 years. holiday of Purim. Photo by David J. Oakes Another provision creates a lottery for prairie chicken hunting licences, similar to mission on Minnesota Resources. The bill forums to establish funding priorities. The those lotteries already in place for turkey changes the disbursement of funds, sets the bill was approved by the committee and and bear hunters. Under the measure, a penalty for failing to comply with provi- placed on the Consent Calendar. prairie chicken license costs $20 and the sions regarding land easements and Higgins sponsored a housekeeping bill application costs $3. Edward Boggess from requires the commissioner hear public that repeals obsolete laws concerning the the DNR said, “The department has
13 Committee update managed through prairie land protection for which an individual must be disquali- Sen. Claire Robling (R-Prior Lake) programs to stabilize the prairie chicken fied from employment within the human authored S.F. 2803. The bill requires population and will be able to further services field after a background study. licensed child care providers to develop protect them by managing a hunting Under current law, various degrees of policies and procedures for reporting season.” Sen. Charles Berg (R-Chokio) murder, criminal sexual conduct and child suspected child maltreatment and com- asked why the DNR wanted the chickens and spousal abuse disqualify an individual plaints related to the child care program. hunted when the department had spent from employment in human services. The Under the bill the policies must include thousands of dollars restoring the habitat bill extends the list to include manslaugh- telephone numbers of the county child and stabilizing the population. Boggess ter, criminal vehicular homicide and protection agency and the county and state said hunting is only permitted outside injury, assault, simple robbery, great bodily licensing agencies. The policies must be habitat restoration areas. harm caused by the distribution of drugs, provided to the parents of all children at S.F. 2674 also makes several restric- crimes committed for a gang, tampering the time of enrollment and must be made tions on turtle harvesting activity and with a witness, arson and aggravated available upon request. The measure also prohibits further licensing for turtlists. robbery. Current law allows employment requires all new or renewed child care Krentz offered an amendment, which the after the discovery of some of the added licenses to include a statement that parents committee adopted, that allows turtle crimes after a certain number of years have may call the licensing agency if they have harvesters to pass their licenses down to passed. The bill also limits the authority of concerns. the commissioner of human services to set family members. She said the amendment Bill and Joline Devine spoke in favor aside a disqualification if an individual represents an agreement between the DNR of the bill. Bill Devine told the story of has committed the specified crimes and and current owners of turtle harvesting their five-month-old granddaughter who businesses. changes the private appeal process to a public process. was shaken to death at her day care. They The bill also prohibits the use of live said it is important to have a telephone bait and repeals the requirement that Sen. Sheila Kiscaden (R-Rochester) said people are able to change their lives number to call in order to get information barbless hooks be used when fishing on on a provider, seek help or report inci- experimental trout streams. According to after committing crimes and a 15-year set dents. Robling added that a background the DNR, the changes are a result of new aside–instead of a disqualification–seemed check was done on the provider but missed data that attributes greater fish mortality to more appropriate. important information about the provider live bait fishing. “We’ve had the premise that you can In addition to changing wildlife be rehabilitated,” she said. “By putting and about the provider’s husband, who she regulations, S.F. 2674 gives the DNR barriers up to cause someone to forever be said was involved in an incident with authority to order the restoration or barred may be going further than we another child. Joline Devine said the day replacement of aquatic plants by persons should.” care home was licensed and her daughter who have illegally removed or destroyed Anne Henry, with the Minnesota assumed it was safe, but it was not. The bill them. Disability Law Center, said individuals was approved and sent to the Senate floor. still may appeal after disqualification and The measure carries with it a $4,000 Sen. John Marty (DFL-Roseville) may have the opportunity to explain why expense to the state to cover the difference carried S.F. 2764, which modifies stan- they are no longer a risk. There is a bar, she between the cost of administering prairie dards for reporting incidents and emergen- said, but there still can be exceptions. chicken licenses and the revenue from the cies for persons of mental retardation. The Elizabeth Wrobel, from the Office of the bill expands the definition of “incident” to application and license fees. Price encour- Attorney General, said the crime of include physical aggression by a resident aged the department to consider other “simple robbery” isn’t actually simple at all toward another resident and any sexual ways of cover the cost such as requiring $5 and does involve the use of force or a prairie chicken stamps on licenses in threat. She also said other jobs are avail- activity between residents involving force additional to the license price. Price said able to those disqualified through the or coercion. The measure requires the the division needed clarification on the process. provider to maintain information about costs before recommending the measure. “It’s important that we set some and report incidents to the resident’s legal The bill was laid over for further consider- guidelines on who we want to take care of representative within 24 hours. ation. our most vulnerable Minnesotans,” she Sherri Larson, research associate at the said. University of Minnesota’s Institute on Health and Family Security Kiscaden offered an amendment Community Integration, testified on behalf allowing the set aside of a disqualification of the bill. Larson said 7 percent of people Background studies debated for individuals under certain circum- with disabilities have been hurt by a Members of the Health and Family stances. In the case of a set aside, the roommate and between 8 and 10 percent Security Committee, chaired by Sen. amendment also authorizes the release of of family members said their son or Dallas Sams (DFL-Staples), met Mon., Feb. information obtained in a background daughter was afraid of another person with 25, to hear a bill that deals with Depart- check and information regarding the intellectual or developmental disabilities ment of Human Services background decision to set aside the disqualification. at home or at work. Larson also said studies and disqualifications for certain Sams accepted the amendment and it was approximately 60 percent of vocational jobs. adopted. The bill was approved and re- providers and between 30 and 40 percent S.F. 2692, carried by Sams, amends referred to the Crime Prevention Commit- of residential providers said resident to current law by changing the list of crimes tee. resident violence was a problem.
14 “This is an issue that affects literally violations committed by dentists, dental S.F. 2909, sponsored by Committee hundreds of Minnesotans with intellectual hygienists, dental assistants and applicants Chair Dallas Sams (DFL-Staples), permits and other developmental disabilities and for licensure to the Board of Dentistry. The the demonstration projects to allow HMOs it clearly needs attention,” she said. bill also provides immunity to those who to extend coverage to a health improve- Don Bordsen, parent of a 25-year-old report or cooperate with the board. The ment and purchasing coalition located in with developmental disabilities and bill was approved and re-referred to the rural Minnesota, comprised of the HMO cerebral palsy, also testified in support of Judiciary Committee. and members from a geographic area. The the bill. Bordsen said his son, Dave, who is S.F. 2793 was carried by Sen. Jim bill spells out the ways in which the a group home resident, was abused over 30 Vickerman (DFL-Tracy). The measure coalition must be designed, specifies that times by another resident. However, he requires the development of a plan to the commissioner must waive compliance said the abuse was only recorded in the expand current law to allow Medical with various statutes and rules to facilitate house health notes. There were no written Assistance reimbursement to counties for the project, permits the HMO to make the reports, he said, and he was only informed children’s mental health residential start date contingent on a minimum of some of the abuses. Bordsen said that treatment services provided in out of state number of enrollees, requires purchasers to although he eventually met with the facilities. The bill was approved and re- stay in the project for three years and provider and the parents of the other referred to the Finance Committee. permits loss ratios in the individual and resident, the bill could have reduced the Sen. John Hottinger (DFL-Mankato) small employer markets to equal those abuse because it requires the provider to authored S.F. 3085, which provides currently required of health plan compa- report physical aggression between immunity from liability to certain health nies with less than three percent of the residents to the case manager and the legal care, treatment and residential providers state market. The measure also requires the representative of the resident. for providing reference check information coalition to report on the progress of the “We could have met after a few abuse about a current or former employee to a project, limits the number of demonstra- incidents and maybe avoided a deteriorat- prospective employer. The bill was tion projects to five and requires the approved and re-referred to the Jobs, ing situation,” he stated. The bill was projects to meet requirements provided for Housing and Community Development approved and sent to the Senate floor. other HMO demonstration projects. Committee. Sen. Cal Larson (R-Fergus Falls) An amendment, offered by Sen. Linda Sen. Linda Berglin (DFL-Mpls.) authored S.F. 3082. The bill provides an authored S.F. 3099, which makes a Berglin (DFL-Mpls.), provides that a exception to the requirement that nursing number of changes to the personal care health maintenance organization may home beds placed on layaway may not be program, alternative care, the elderly impose a flat fee co-payment not to exceed removed for one year and a facility that waiver, the Region 10 quality assurance 50 percent of the median cost of prescrip- moves the beds may not place more beds project and the nursing facility planned tion drugs and specifies that the total sum on layaway for one year. The measure closure rate adjustment. The measure was of all annual co-payments may not exceed authorizes the commissioner of health to approved and re-referred to the Finance $500 or the annual maximum out-of- approve placing beds on layaway and to Committee. pocket sum exceed $3,000 per family. remove them at any time while work on an Kiscaden carried S.F. 3155. The bill Berglin said the amendment is designed to approved moratorium construction project allows dentists, dental hygienists or dental provide some HMO product flexibility, is in progress. The bill was approved and assistants currently practicing in North but does not go as high as some proposals. sent to the Senate floor. Dakota to obtain guest licensure or “The hope is that the discussion begins and S.F. 2998 was carried by Sen. Becky registration for practice in Minnesota. The ends with this amendment and that the Lourey (DFL-Kerrick). The bill requires bill specifies that those practicing in amendment does not provide a floor,” the issuance of an alcohol and drug Minnesota with a guest license can Berglin said. Sams said the amendment is counselor license to an applicant who is practice only at a single, specific location as far as the Senate is prepared to go this exempt from requirements in current law in the state. The bill was approved and re- year on the issue. Members adopted the because the applicant is licensed to referred to the Finance Committee. amendment and advanced the bill to the practice according to standards adopted by Members also agreed to re-refer two Senate floor. federally recognized tribes and is practic- bills to the Finance Committee without The committee also considered a bill, ing under tribal jurisdiction. The bill also discussion. The bills were S.F. 2797, S.F. 2681, that made numerous changes in requires a license be granted to an appli- carried by Sen. Bob Lessard (IND-Int’l. health insurance provisions. Sen. John cant with at least 2,000 hours of alcohol Falls), which increases state compensation Hottinger (DFL-Mankato), the chief and drug counseling experience, requires liability insurance for licensed providers author, said the bill is the result of work an applicant to follow the procedures for and S.F. 3212, authored by Kiscaden, done by the Task Force on Small Business admission specified in current law and which distributes funds for medical Health Insurance and included a number requires an applicant who receives a education. of the task force’s recommendations. The license to complete the written case measure caps the renewal rate increase for presentation and oral examination at the HMO rural project bill okayed each employer group to 15 percent plus earliest available opportunity. The bill A bill authorizing a health mainte- index change, expands potential variation was approved and sent to the Senate floor. nance organization rural demonstration due to geographic differences in costs, Sen. Don Samuelson (DFL-Brainerd) project was approved at the Wed., Feb. 27, eliminates minimum loss ratio standards, presented S.F. 2957, which requires meeting of the Health and Family Security allows existing groups that got to one various individuals and entities to report Committee. employee to continue coverage for at least
15 Committee update
Having delivered the budget balancing bill to the governor’s office Fri., Feb. 22, legislative leaders–from left, Senate Minority Leader Dick Day (R-Owatonna), House Minority Leader Tom Pugh (DFL-South St. Paul), Senate Majority Leader Roger Moe (DFL-Erskine) and Speaker of the House Steve Sviggum (R-Kenyon)–wait in the reception area to confer with the governor. Photo by Shelley Hawes
12 months, removes the 90 percent cap on The committee advanced several Sen. Dan Stevens (R-Mora) sponsored premiums offered for individual conver- additional bills in the legislative process. a bill requiring legislative approval before sion contracts, permits health carriers to S.F. 3119, carried by Sams, authorizes the commissioner of health adopts certain market and issue policy forms and rates counties to contract with states bordering new or amended rules governing the immediately after being filed, and reduces Minnesota Clean Indoor Air Act. The bill, the current restrictions for HMO Minnesota to allow Minnesota residents to deductibles and copayments. receive mental health services across state S.F. 3133, was also approved and sent to Mike Hickey, representing the lines and for citizens of the border states to the Senate floor. National Federation of Independent receive mental health services in Minne- Two additional bills were approved Business, spoke in favor of the bill and sota. Sams said the bill allows individuals, and sent to the Senate floor. S.F. 240, said, “The bill will help small businesses who are civilly committed to receive authored by Sen. Jim Vickerman (DFL- and will provide competition and choice.” appropriate treatment across state lines, yet Tracy), provides for licensure of dental Kent Peterson, of the Dept. of Health, have Minnesota law apply. The bill was assistants. Currently, Vickerman said, there and John Gross, of the Dept. of Commerce, approved and re-referred to the Finance are registered and unregistered dental spoke against the bill. Peterson said, “The assistants and the bill changes the status of departments oppose the measure because Committee. we don’t believe the bill provides more S.F. 3204, authored by Sen. Thomas registered dental assistants to that of affordable options.” Neuville (R-Northfield), clarifies that a licensed dental assistants. S.F. 2627, Hottinger offered an amendment county agency is not required to provide sponsored by Sen. Sheila Kiscaden (R- deleting several sections of the bill. The income support or cash assistance when Rochester), requires optometrists and amendment was adopted. However, after specific state programs fail to do so. The ophthalmologists to give patients copies of further discussion, the bill was laid over measure was approved and advanced to their eyeglass and contact lens prescrip- without any action being taken. the full Senate. tions.
16 Finally, the panel discussed a bill, S.F. Jobs, Housing and The committee also approved and 1443, specifying that a swimming pool forwarded to the floor S.F. 3074, which located at a family day care or group Community Development outlines the circumstances under which family day care home is not considered a employers can disclose employee health public pool and is exempt from the Dislocated worker funding debated information. Under the bill, authored by requirements for public pools in Minne- Committee Chair Ellen Anderson Sen. Warren Limmer (R-Maple Grove), an sota. However, the bill specifies require- brought before the Jobs, Housing and employer who receives employee health ments that must be fulfilled if the provider Community Development Committee a information may not share that informa- chooses to allow children cared for at the measure to reinstate the 0.1 percent tax on tion without written consent of the facility to use the swimming pool. The employers to fund the workforce develop- employee, unless it is required by law, requirements that must be met include ment fund. During the hearing, Fri., Feb. given to an employee whose work assign- notifying the county agency before initial 22, the committee also heard testimony on ment includes a need to know the informa- use of the pool, obtaining written consent medical data privacy and youth employ- tion, or in the case of an emergency when from the child’s parent or guardian, ment requirements for construction the employer cannot get consent. completing a swimming pool operation projects. “Right now,” said Limmer, “there is course, requiring a care giver trained in Anderson’s bill, S.F. 2462, raises the nothing protecting employees’ health first aid to supervise and be present at the unemployment tax on employers 0.03 information and sometimes employers pool, requiring all children who are not percent to the rate it was two years ago. negligently and sometimes intentionally potty-trained to wear swim diapers and The rate was reduced was because of violate employees’ privacy.” For example, setting forth maintenance conditions for unprecedented low unemployment levels he said, a woman told her boss that she has the pool. The measure, sponsored by Sen. and a lack of foresight, she said. The Multiple Sclerosis, assuming he would Deanna Wiener (DFL-Eagan), was ap- change adds $12 million per year to the keep the information to himself. However, proved and re-referred to the Judiciary workforce development fund, which Limmer said, the boss published the Committee. supports dislocated workers programs for information on the company’s web page laid off workers, she said. Although the because he thought the story was inspira- Health, Human Services and Legislature had appropriated $16 million tional. in one-time funding for the fund, the Bob Tracy from the Minnesota AIDS Corrections Budget Division fund’s shortage needs long term solution, Project said the Americans with Disabili- she said. ties Act protects the information of Fed terrorism funds discussed Lee Helgen, director of the Minnesota employees who are seeking ADA related- The members of the Health, Human Workforce Council, said the workforce services. However, he said, nothing Services and Corrections Budget Division, centers around the state are quickly addresses information relating to the chaired by Sen. Linda Berglin (DFL- running out of money. The federal potential need for medical leave or Mpls.), met Thurs., Feb. 21, to hear a government, he said, had reduced necessary accommodations. For instance, report, delivered by Commissioner of workforce funding by 11 percent and the he said, if a person has AIDS and wants to Health Jan Malcolm, on the status of council owes $350,000 to the federal notify a employer that he or she may need federal anti-terrorism funds granted to the government for a recission payment. “All to take sick leave, the boss may share that department. Members also reviewed a $1 of this,” he said, “is happening at a time information, even when it is not appropri- million supplemental budget request from when thousands of Minnesota residents are the Dept. of Health for bioterrorism ate. being laid off and need our programs more prevention. In addition, members re- Early childhood and child protection than ever.” Terry Zurn, program manager at viewed a request for deficiency funding for facilities built by the state are required to the Veterans Home Board of $1.4 million Workforce Solutions, said her agency’s hire at least 25 percent of the necessary in FY 03 and subsequent years. The resources will dry up before April, leaving labor from youth employment programs, members also heard a supplemental request nothing left to help workers for the rest of under S.F. 3059. Allen Selinski said youth from the Dept. of Corrections for the year. apprenticeship programs in the construc- Clearwater probations services reimburse- Jack Wiedenbach, unemployment tion trade are working well to teach young ment that is countered by a Clearwater insurance director from the Dept. of people about carpentry, plumbing and probation services reimbursement revenue Economic Security, said the workforce other areas of construction. However, he offset. Finally, members also heard a development fund will likely go into the said, it is difficult for the programs to find request from the Chiropractic Board for a red sometime next year. However, he said, youth places to work on real construction supplemental budget appropriation for the department has no system in place for sites. Instead, he said, kids in youth extraordinary legal costs. paying the interest on money loaned from employment programs are often brought in The panel also advanced two bills to the federal government until the higher to do less educational tasks. “We don’t the full committee. S.F. 819, authored by solvency surcharge can be collected from want to waste program funds so that kids Sen. Becky Lourey (DFL-Kerrick), employers. Anderson offered an amend- can haul dirt,” he said. The committee modifies plumbers licensing requirements ment that puts in place a process for paying okayed the bill, sponsored by Sen. Linda and S.F. 887, also carried by Lourey, the interest and triggering the solvency Higgins (DFL-Mpls.), and advanced it to provides for registration of medical surcharge sooner. The committee adopted the floor. response units. Both bills were approved the amendment, approved the bill, and Sen. Martha Robertson (R- and sent to the full Finance Committee. advanced the measure to the full Senate. Minnetonka) offered a technical bill, S.F.
17 Committee update 3154, recommended by the Dept. of Labor Higgins offered a second bill, which local governments to investigate the and Industry, that eliminates obsolete changes the disbursement of the Minnesota availability of existing buildings before references to the state commissioner of redevelopment program. Under the submitting a request to the state for capital health. The members approved the bill measure, unless sufficient applications are funding for new construction. She said the and placed it on the Consent Calendar. not received within the first nine months measure is an attempt to draw government of a fiscal year for qualifying sites outside jobs and agencies into dwindling rural Assortment of bills considered the Metro Area, half of the money the economies. “We have lost a lot of busi- Members of the Jobs, Housing and program provides for grants in the year nesses, closed a lot of schools and we have Community Development Committee must be made for sites located in Greater a lot of empty buildings in Greater came together Wed., Feb. 27, and dealt Minnesota. Higgins said that currently Minnesota,” she said. with measures on a variety of issues. Sen. only 25 percent of the grants are given to The bill requires DTED to maintain a Ellen Anderson (DFL-St. Paul) chaired the projects in rural Minnesota. The grants are database of buildings available for public hearing where unemployment for school given by the Dept. of Trade and Economic use. Lesewski said the department has a food service workers, payments for Development (DTED) to local govern- current database for companies interested background checks, redevelopment ments to redevelop abandoned or obsolete in abandoned properties that can be easily programs, data privacy for employment property in order to maintain healthy, vital be updated to meet the needs of the public background checks and other issues were communities. The committee moved the sector as well. discussed. bill to the floor. Sen. Julie Sabo (DFL-Mpls.) said that Sen. Twyla Ring (DFL-North Branch) Providers of care for persons with what the bill requires may be an exercise brought forth a bill that allows school food mental retardation are permitted to in futility because many projects have very service employees to use wage credits disclose information on former employees specific building and location needs that earned during the school year in order to to prospective employers under S.F. 3085, cannot be met by existing facilities. receive unemployment benefits. Lee presented by Sen. John Hottinger (DFL- Anderson said that a local government Mankato). The bill allows former employ- should not have to inquire to a state Nelson, from the Dept. of Economic ers to give previous workers dates of agency about local availability of build- Security, said about 900 people become employment, compensation and wage ings, because the local government eligible for unemployment benefits under history, and information regarding all acts probably has a clear understanding of the the measure. The net impact on the of violence, harassment, theft or illegal community’s resources. The committee unemployment insurance fund, he said, is conduct of the worker. With written tabled the measure. about $1.5 million. The cost, he said, is authorization of the current or former Lesewski’s second bill, S.F. 3136, recovered by an upwards adjustment to the employee, the care provider may also give modifies workers’ compensation laws in amount employers would be required to information about an employee’s evalua- ways approved by the Workers’ Compensa- put into the fund. The committee ap- tions, disciplinary warnings, and reasons tion Council. In addition to several proved the bill, S.F. 3140, and advanced for separation from employment. “The technical modifications, the bill prohibits the measure to the Finance Committee. measure,” said Hottinger, “provides crucial the altering of a workers’ compensation Sen. Linda Higgins (DFL-Mpls) information on care givers who work in document previously signed by an presented a measure that prohibits employ- unsupervised settings with very vulnerable individual without that person’s consent. ers from charging prospective employees citizens.” Under the measure, workers must be for criminal background or credit checks Katie Nemmers, representing the Care notified of any changes to documents that or testing of any sort. Beth Hargarten, from Providers of Minnesota, said, “The bill negatively impact them. the Dept. of Labor and Industry, said some gives more clarity and comfort to employ- Frederickson suggested that workers employers scam job applicants by asking ers about what information they can be notified anytime their documents are for money to run criminal background share.” She said last year there were 1,390 changed. However, the department said checks that they never actually do. “The complaints about maltreatment of patients the resulting paperwork would be too department believes,” she said, “that that might have been prevented if employ- burdensome. people should never have to pay money to ers had a greater understanding of worker’s The committee adopted an amend- have the opportunity to apply for a job.” backgrounds. ment, which had also been okayed by the Sen. Dennis Frederickson (R-New Sen. David Knutson (R-Burnsville) Workers’ Compensation Council. The Ulm) offered an amendment that allows asked why the bill did not go farther and amendment bases insurance assessments on landlords, who are required to run criminal permit the disclosure of information about premiums. Beth Turner, from the St. Paul background checks on workers, to charge teachers’ former employment. Hottinger Companies, said the change is needed prospective employees for the service. Jack said he would like to include teachers and because of a 1999 accounting rule change Horner, representing the Minnesota Multi- others working with children, but feared and does not change the amount of money Housing Agency, said if landlords are that complicating the bill may prevent its in workers’ compensation funds. The forced to pay for background checks, they passage. The committee okayed the committee adopted the amendment, will pass the expense onto tenants and up measure and re-referred it to the Judiciary approved the bill, and advanced it to the the cost of housing. The committee voted Committee. floor. not to adopt the amendment. The measure, Members laid over a measure, The members also approved S.F. S.F. 2763, was approved and advanced to sponsored by Sen. Arlene Lesewski (R- 3176, authored by Frederickson. The the floor. Marshall), that requires state agencies and measure makes numerous technical and
18 housekeeping changes to provisions under a contract with the Pollution procedures for conditional employees of concerning DTED. The bill strikes Control Agency for claims resulting from licensed private detective or protective obsolete references to the Minnesota the transportation, management or disposal agents, allows the Alcohol and Gambling Export Finance Authority, which has not of any waste covered by the contract. The Enforcement division of the Department of been active in several years. The measure bill was approved and sent to the Senate Public Safety to require the fingerprinting removes provisions concerning the World floor. of wholesale liquor manufacturers and Trade Center space used by DTED and S.F. 3175 was carried by Sandra wholesalers liquor license applicants for a makes technical changes to the Urban Pappas (DFL-St. Paul). The measure national criminal history background Initiative Board. S.F. 3176 also revives the provides for the disclosure of data on check and allows the division to require requirement that the Department of individuals approved for free and reduced the fingerprinting of retail liquor license Economic Security, in cooperation with price school meals for the purpose of applicants for a national criminal history the Dept. of Revenue, establish and verifying their eligibility for the programs. background check. The bill was approved oversee an early warning system, referred to The bill also affords additional data and sent to the Senate floor. as the WARN notice, to identify industries sharing provisions with respect to the Betzold carried another bill, S.F. and businesses likely to experience large commissioners of human services, health, 3045. The measure authorizes the Fourth losses in employment. The committee re- economic security, housing finance, Judicial District to extend the domestic referred the bill the Finance Committee. revenue, and children, families, and fatality review team pilot project until learning in order to confirm eligibility Dec. 31, 2004. The bill was approved and Judiciary status for meal benefits and certify indi- sent to the Senate floor. viduals for meal benefits. The measure Betzold carried S.F. 3231, a bill that MERLA changes gain specifies that data released is limited to amends current licensing data law to Members of the Judiciary Committee, confirmation of eligibility for benefits, and exclude nondesignated addresses from the chaired by Sen. John Marty (DFL- may not include income of households. list of application data that are public. Roseville), met Thurs., Feb. 21, to approve The bill was approved and re-referred to Current law requires an applicant to a host of bills. the Education Committee. designate a residence or business address at Sen. John Hottinger (DFL-Mankato) Sen. Don Betzold (DFL-Fridley) which the applicant can be contacted. The carried S.F. 2937, which clarifies existing offered S.F. 3167, which gives the commis- bill was also approved and sent to the law relating to the statute of limitations for sioner of corrections access to private Senate floor. recovering response costs under the medical data or welfare data that relate to S.F. 2792 was authored by Betzold as Minnesota Environmental Response and medical treatment of an offender when well. The bill, which corrects various Liability Act (MERLA). Enacted in 1983, determining whether a petition of civil technical errors, was approved and sent to MERLA authorizes the Minnesota Pollu- commitment as a sexual psychopathic the Senate floor. tion Control Agency (MPCA) to identify personality or sexually dangerous person is Sen. Jane Ranum (DFL-Mpls.) carried those responsible for cleaning up contami- appropriate when the inmate is being S.F. 3111, which deals with the statewide nated sites and obtain their cooperation in released from prison. In order to make the juvenile court supervision system. The bill cleaning those sites. The measure also decision, the bill also gives the commis- requires the Juvenile Court to forward authorizes MPCA to use public money to sioner access to private and confidential specific information in juvenile petitions clean up the sites and sue those responsible court services data and private criminal for individuals under supervision by for the contamination to recover the costs. history data as well. The bill was approved probation agencies or in an out-of-home In addition, in 1994 the Legislature and sent to the Crime Prevention Commit- placement to the statewide supervision approved the Landfill Cleanup Act, which tee. system. The measure also requires the allows the MPCA to use MERLA to S.F. 2756 was also carried by Betzold. Department of Corrections, instead of the recover landfill cleanup costs from The bill authorizes the Department of Bureau of Criminal Apprehension, to insurance companies that provided Labor and Industry and the Department of maintain the supervision system, adds a coverage for such costs. Revenue to exchange taxpayer identity reference to juvenile data and directs the The bill is in response to a state court information relating to employees and data to be accessible to all trial and decision in Sept. 2001 interpreting the employers to support tax administration appellate courts, not just District Courts. MERLA statute of limitations–amended in purposes. The bill was approved and sent Ranum said the bill is the result of a 1998–to mean the state is prohibited from to the Tax Committee. recommendation by the Legislative suing responsible parties six years after Betzold also sponsored a bill, S.F. Auditor. The measure was approved and contamination was discovered. Instead, the 1372, that modifies provisions dealing sent to the Senate floor. bill specifies that the deadline for the state with child maltreatment data in current Sen. Sheila Kiscaden (R-Rochester) to sue is six years after cleanup has started. law. The measure was approved and sent authored S.F. 3108. The bill, mostly The bill was approved and sent to the to the Senate floor. technical in nature, modifies many Human Senate floor. Betzold offered S.F. 2949, a bill that Services licensing provisions. It was Sen. Leonard Price (DFL-Woodbury) conforms state law with federal laws. The approved and sent to the Senate floor. authored S.F. 2575. The bill provides for measure provides for national history Sen. Dean Johnson (DFL-Willmar) the indemnification of municipalities that criminal checks on school bus driver carried S.F. 3200. The measure designates operate or participate in household applicants, clarifies state and federal a nonprofit organization operating an hazardous waste management programs criminal history background check environmental learning center in
19 Committee update Kandiyohi County as a municipality for “This gives Minnesota consumers a ment extends liability to security and tort claims purposes. The bill was ap- level playing field,” he said. exchange businesses. He said there are proved and sent to the Senate floor. Several Senators said the bill prevents protections already in the bill and consum- consumers from filing class action suits ers are allowed to take private action to Predatory lending bill approved against predatory lenders and much of the recoup all their losses. Members of the Judiciary Committee, discussion centered around the issue. Ranum, however, said she saw no chaired by Sen. John Marty (DFL- Bernstein said he would prefer that class compromise in the bill and had no Roseville), met Fri., Feb. 22, to hear a bill action suits be allowed, but added that the assurances there wouldn’t be more compro- regulating predatory lending practices. bill represents a compromise with various mising in the future. People need to be S.F. 3030, carried by Sen. Sandra interested parties, some of whom, he said, protected, she said. She said she was not Pappas (DFL-St. Paul), is called the preferred the class action option be left convinced that including a class action Responsible Lending Act of 2002. Pappas out. provision wouldn’t make a bargaining said the bill is designed to curb the worst Sen. Jane Ranum (DFL-Mpls.) said she position for any future negotiations practices of predatory lending–which is a was not persuaded that class action suits stronger. Sen. Don Betzold (DFL-Fridley) nationwide problem recognized by the shouldn’t be allowed. She said vulnerable said the bill should include the opportu- Federal Reserve Board–and is meant to people especially may not have the energy nity to bring class actions. He said security deter the making of predatory loans while to bring a suit on their own without the aid and exchange businesses shouldn’t be encouraging the scrutiny of loans bought. of others, and those with the means are concerned, but those who engage in bad The bill prohibits making high cost more able to go forward on their own. business practices should be. Pappas said loans to those unable to repay the loan and Marty agreed, and said that several people the bill represents an agreement made with bars the same agents from providing a high have told him about losing anywhere from many organizations. The amendment puts cost loan that refinances an existing home $20,000 to $70,000 on predatory loans. her in a difficult position, she said. The loan. The measure also forbids high cost He said the penalties included in the bill amendment was adopted. The bill was loans from including payment terms under were inadequate. Sen. Warren Limmer (R- approved and sent to the Senate floor. which the outstanding principal increases Maple Grove) also questioned the Sen. David Kleis (R-St. Cloud) over the course of the loan because the prevention of class action suits. He said the carried S.F. 2460. The bill makes it a gross periodic payments do not cover the full victim may not have the means to go after misdemeanor to promote, advocate and amount of the interest due. The bill someone alone, especially when the take responsibility for criminal acts meant prohibits refinancing a special mortgage borrower may be located out of state. to instigate the unlawful conduct of others loan with a high cost home loan unless the Their rights, he said, should be considered. or to obstruct, impede or prevent a borrower received independent counseling “I think you’re establishing a low bar criminal investigation. Kleis said the bill is on the matter, prohibits financing any life by not recognizing class actions,” he said. designed for “domestic terrorism” and said or health insurance premiums through a Ranum moved to include the ability to the impetus for it came from three recent high cost home loan and bars the lender organize class action lawsuits in the bill. attacks on various laboratories at the from charging a fee for informing the Michelle Kimball, state director for University of Minnesota. borrower about the balance due to pay off the American Association of Retired Sen. Leo Foley (DFL-Coon Rapids) a home loan or to provide a mortgage Persons (AARP) also stated that the bill moved to amend a section of the bill release upon repayment. would be stronger by including the class dealing with destruction of field crop The measure also gives consumers action possibility. However, she said that it products to ensure it only includes research recourse if a predatory loan is sold, protects was more important that the bill move facilities and not private farms. He wanted the most vulnerable by limiting coverage forward because what is currently in place to make the language more specific, he to high cost loans, increases the number of does not protect consumers. The bill is a said, to prevent someone from suffering borrowers protected and gives consumers good start, she said, and added that she penalties for accidentally damaging a legal rights to prevent foreclosure and to wanted it to be passed and made into law. private field or lawn. The amendment was have their loan reformed if there is a Kevin Whelan, executive director of the adopted. The bill was approved and sent violation of the law. The measure encour- Minnesota Association of Community to the Senate floor. ages an applicant for a high cost loan to Organizations for Reform Now (ACORN), Sen. Thomas Neuville (R-Northfield) seek counseling from a Minnesota Housing said the Judiciary Committee was not the authored S.F. 2922, which modifies Finance Agency (MHFA) or Housing and only place the bill will be discussed and provisions dealing with the division of a Urban Development (HUD) counselor that the measure must remain a compro- family farm in a marriage dissolution. and also allows lenders to correct uninten- mise solution. It is important to leave with Neuville said that currently many farmers tional errors without being subject to a bill that helps people, he said, adding undergoing a divorce lose their farms sanctions. that it wasn’t worthwhile to leave with a during the process. He said for settlement Department of Commerce Commis- measure that won’t pass the Legislature or purposes the farmer’s land is appraised sioner Jim Bernstein spoke on behalf of the is incomplete because, as a result of instead of the farmer’s ability to make bill. Bernstein said predatory lending is a Ranum’s amendment, something else was money on the land. Since the value of the major problem. He said predatory lenders taken out later. Dan Hardy, from the land itself is higher than its production misrepresent the facts in a transaction and Mortgage Bankers Association of Minne- value, he said, many farmers must liquidate people get victimized by those they are sota, also spoke against the amendment. when they are not able to pay the settle- supposed to trust. He said he was concerned that the amend- ment and keep up the farm. The bill, he
20 said, treats family farms like a pension, give accurate price comparisons on all facility or nursing home or if a registered which can’t be accessed until a farmer material and sales calls and provide sexual offender lives within the neighbor- retires. written notice of price increases or changes hood. The bill also establishes that the Ranum said the bill dealt with a in service. Also the bill prohibits local seller is liable to the buyer if disclosure problem that should be addressed. How- telephone service providers from stopping conditions are not met. ever, she said the issue needed more service in an area unless another provider Sen. Don Betzold (DFL-Fridley) said analysis and discussion to be given the is able to provide service immediately and he was disturbed that a seller need not proper attention. Neuville agreed, and the prohibits providers from stopping service disclose that a registered sex offender lives bill was laid over. in an area until after it has given at least 60 nearby. It is ludicrous, he said, for a seller S.F. 3302 was carried by Sen. David days notice to various state entities. All to know that information and not be Knutson (R-Burnsville). The bill changes three bills were approved and sent to the required to inform the buyer. the formula for calculating the interest rate Senate floor. “I think this bill sanctions non- on judgements from the secondary market Foley authored S.F. 3097, which disclosure,” he said. yield on one-year United States treasury modifies child support collection and Susan Dioury, from the Minnesota bills to the one-year constant maturity enforcement provisions. The bill was Association of Realtors, said law enforce- treasury yield for the most recent calender approved and sent to the Senate floor. ment should be responsible for such month. The bill also includes a minimum S.F. 3086 was carried by Sen. Julie information, not sellers or buyers. rate of four percent per month. The bill Sabo (DFL-Mpls.). The bill deals with Sen. Sheila Kiscaden (R-Rochester) was approved and sent to the Senate floor. various domestic abuse provisions in said sellers may not know the condition of Sen. Steve Kelley (DFL-Hopkins) current law, and was approved and sent to a home if they don’t live in it. The seller presented three bills, S.F. 3313, S.F. 2908 the Senate floor. may be unable to disclose, she said, and S.F. 3272. S.F. 3313 exempts docu- Sen. Mee Moua (DFL-St. Paul) because they are unaware. ments that are recorded or filed as part of a carried S.F. 3368. The bill allows recogni- David McGee, also from the Minne- pilot project for the electronic filing of tion of Hmong Mej Koob marriage sota Association of Realtors, said a seller real estate documents from complying with ceremonies. However, because of various may disclose that they haven’t lived in the standards for documents filed with the concerns regarding the bill, it was with- home. county recorder or registrar of titles. The drawn by the author. Sen. Jane Ranum (DFL-Mpls.) asked bill also extends the project by another Sen. Ellen Anderson (DFL-St. Paul) how the bill changes the relationship year from 2003 to 2004. S.F. 2908 deals carried S.F. 3217. The bill specifies that in between buyer and seller. She also said with Internet privacy and commercial all proceedings involving a child alleged that she wasn’t sure the Legislature should electronic mail solicitation. The bill to be in need of protection, services or be involved in saying what is material and prohibits an Internet service provider from termination of parental rights, the child is what is not, and that she didn’t want to put disclosing personally identifiable informa- a third party to the proceedings and has all the buyer at a disadvantage through the tion except under certain circumstances the rights of a party under current law. The bill. and requires a provider to furnish a bill was not approved and, after being McGee said the bill specifies and consumer with a secured account. The bill reconsidered later, again failed to gain clarifies what sellers must do and what they also prohibits a person from sending an e- approval. need not do. The bill, he said, clarifies that mail message that uses another party’s sellers are not obligated to anticipate domain name without permission, that Real estate disclosure debated certain concerns of buyers. He said he misrepresents the originator of the message Members of the Judiciary Committee, wasn’t saying that buyers shouldn’t be or that contains false or misleading chaired by Sen. John Marty (DFL- aggressive about getting information, but if information in the subject line. It requires Roseville), met on Tues., Feb. 26, to hear a buyers make it known that a certain fact is the sender of commercial e-mails to bill establishing the disclosure require- important and the seller doesn’t know, he include a toll-free telephone number or ments for real estate transactions. said the buyer can take their own steps to return e-mail address that may be con- The bill, S.F. 2697, is carried by Sen. find out. tacted to notify the sender not to send any Ann Rest (DFL-New Hope). The measure Rest said the bill places certain more unsolicited e-mail documents. specifies that written disclosure must obligations on the seller to disclose the S.F. 3272–also called the Telecom- include all material facts regarding adverse physical condition of the home. munications Privacy Act–protects the physical conditions in the property of “The bill addresses the obligation to disclosure by a telecommunications which the seller is aware that could affect a disclose facts about the home that are provider of customer information. Under buyer’s rights and interests in the property known to the seller that relate to the the bill, customer information can only be and any intended use of the property. The physical condition of the home,” she said. released if certain qualifications are met. bill specifies that the seller need not “I don’t see why that’s unreasonable.” The bill also requires telecommunications disclose that the property was occupied by Kiscaden asked if a buyer can ask a providers to provide an impartial and someone who was infected with human question and have the seller not answer. prompt resolution of disputes, provide a immunodeficiency virus (HIV) or diag- Betzold referred to a section of the bill that sufficient number of customer service nosed with acquired immunodeficiency specifies a seller is not liable for any error, representatives to give adequate service syndrome (AIDS), was the site of any death inaccuracy or omission if “ordinary care and to make a supervisor immediately or felony or is located in a neighborhood was exercised in transmitting the informa- available upon request. Providers must with any adult family home, residential tion.” He said the provision was a license
21 Committee update for the seller to be ignorant and allowed sentation. That amendment was also someone could say the deceased had a will sellers to avoid responsibility. The bill, he adopted. Ranum offered an amendment to written on a date before the effective date said, includes no provisions for protection require the buyer to provide the intended of the bill. The amendment was adopted. from fraud. uses of the property to the seller in writing. Foley moved to amend the bill by “I’m not sure that’s good policy,” he The amendment was not adopted. The bill making a health care directive to establish said. “This is a sellers protection bill; was approved and re-referred to the donation intent as well. His amendment there’s nothing in here for the buyer.” Finance Committee. was also adopted. Kiscaden offered an amendment to Ranum carried S.F. 2807. The bill Larry Dobson, area resident, spoke in change the language stating the seller “has specifies that the intent to be an organ opposition to the bill. Dobson told the no duty” to disclose information regarding donor is established conclusively by story of his daughter Emily who suffered a a sex offender to say that the duty to drivers license designation, a will or a car accident in 1999, who then waited two disclose is not created by the written document of gift or Minnesota identifica- and one half hours to be seen by a neuro- disclosure requirement. The amendment tion card. The bill also specifies the intent surgeon after arriving at the hospital. specifies that sellers must provide the cannot be overridden by another person Dobson said he doesn’t oppose organ information–if they know–if asked. The and states it is effective the day after final donation, but said everyone needs to be amendment was adopted. An amendment enactment. given every opportunity for life, which, he was also offered specifying that nothing in Betzold offered to amend the bill to added, is especially important in rural the liability protection provision prevents state that it applies to documents written areas where care isn’t always available liability for fraud, negligence or misrepre- before or after the effective date. He said immediately. He also said he would like to
Commissioner of Finance Pamela Wheelock, at a press conference Mon., Feb. 25, explains why the projected budget deficit is larger than originally forecast. Photo by David J. Oakes
22 see the definition of brain dead defined S.F. 2702 is authored by Sen. Steve which the officer takes part. Prettner Solon better in current law. Kelley (DFL-Hopkins). The bill corrects said the bill allows a housing redevelop- Sen. Warren Limmer (R-Maple an inadvertent commission for a temporary ment authority to grant a loan to a public Grove) moved to delete part of Betzold’s increase in the surcharge for filing and officer as long as the officer discloses that amendment by eliminating the require- recording certain documents to fund the he or she has applied for the loan and ment that the bill applies to all documents real estate task force. The bill was ap- abstains from voting on the project. The written before the effective date. The proved and re-referred to the Finance bill was approved and referred to the floor. amendment was not adopted. Limmer then Committee. A bill that creates a task force to address moved to make the effective date Aug. 1, youth violence and harassment was 2002. He said delaying the date would State and Local Government discussed. S.F. 2519, carried by Sen. Julie help people adjust to the change and Sabo (DFL-Mpls.), was recommended to avoid surprises. That amendment was Operations pass and sent to the Education Committee. adopted. The bill was approved and sent A bill that authorizes cities or towns to to the Senate floor. Football stadium approved modify street utilities to increase traffic Ranum also authored S.F. 2611, Members of the State and Local capacity and to collect street utility which adopts a new interstate compact for Government Operations Committee met charges was met with controversy. Sponsor the supervision of adult offenders and Thurs., Feb. 21, and supported a proposal of S.F. 3169, Sen. Ann Rest (DFL-New repeals the existing compact. The compact to finance and build a football stadium on Hope) said the bill wasn’t quite finished, deals with the supervision of those on the University of Minnesota campus for but all interested parties have agreed to probation and parole who move to live in the Vikings and the Gophers. Sen. Steve keep talking to seek resolution. Minnesota a state other than the one in which they Kelley (DFL-Hopkins) carried the pro- Multi-Housing Association representative were convicted. The bill was approved posal, S.F. 3360, a bill that sets the Jack Horner said that street utility provi- and re-referred to the State and Local conditions under which the state would sions shouldn’t be lumped in with afford- Government Operations Committee. assist in the financing of the stadium able housing statutes and that the street S.F. 3238 was carried by Ranum as project. To cover the state’s estimated utility charges essentially create a new well. The bill defines neighborhood $275 million contribution, Kelley taxing mechanism to pay for roads. The organizations as a nonprofit corporation described a 13 percent sales tax on sports bill was recommended to pass and re- that represents a defined geographic area memorabilia, an admissions tax on current referred to the Tax Committee. and has been accepted by a political and future sporting events, and a vehicle Sen. Sheila Kiscaden (R-Rochester) subdivision as the basic planning unit for parking fee in the ramp that will be built carried S.F. 2622, a bill that creates a that area. The bill requires neighborhood adjacent to the new stadium. “We have voluntary health care provider program organizations to elect members annually done what the people have asked us to and includes the volunteer health care and amends current law dealing with a do,” Kelley said. “We have kept the Twins providers as state employees for state right to vote to add new provisions and Vikings here, but we haven’t used insurance liability purposes. An amend- regarding neighborhood organizations. money from the general fund.” Vikings ment that removed the rulemaking The bill was approved and sent to the Executive Vice President Mike Kelly and sections of the bill was adopted. Speaking Senate floor. Head Coach Mike Tice were also on hand in opposition, Chris Messerly from the Sen. Richard Cohen (DFL-St. Paul) to support the proposal. Kelly said a $50 Minnesota Trial Lawyers Association said presented S.F. 2892, which codifies and million stadium subsidy from the NFL is the bill encourages volunteerism by makes permanent the combined jurisdic- only available for another year. “Don’t let harming those who are supposed to be tion program in the Second Judicial this opportunity slip away,” he said. The served. Messerly said the bill is inconsis- District. The program allows the district to bill was recommended to pass and referred tent with other professions because the bill assign related family, probate and juvenile the Tax Committee. limits personal responsibility if a patient is court matters, other than delinquency Sen. Martha Robertson (R- harmed. Kiscaden said the volunteer proceedings, to a single judge or referee. Minnetonka) carried S.F. 2752, a bill that providers won’t be doing invasive proce- The program began in 1996, was extended codifies design-build contracts in dures and 34 other states already have twice and was scheduled to expire July 1, Hennepin County. The bill was approved similar provisions. The bill was recom- 2002. Ranum moved to extend the bill to and sent to the floor. A bill that shifts mended to pass and re-referred to the include the Fourth Judicial District as well. Social Security administrative duties from Finance Committee. The amendment was adopted, the bill was the Department of Employee Relations Sen. Linda Scheid (DFL-Brooklyn approved and sent to the Senate floor. (DOER) to the Public Employees Retire- Park) carried S.F. 2562, a bill that pertains Sen. Dave Knutson (R-Burnsville) ment Association, S.F. 3206, carried by to signatures on drawings and other carried S.F. 2559. The measure specifies Sen. John Marty (DFL-Roseville), was also documents for architects, engineers and that an unauthorized vehicle impounded approved and referred to the Judiciary other related professions. The bill requires in the Metropolitan Area is eligible for Committee. Sen. Yvonne Prettner Solon the professionals to sign only the final sale 15 days after notice is sent by certified (DFL-Duluth) carried S.F. 3257, a bill that document or drawing. The bill was mail to the owner. The bill extends to the adds an additional exception to the recommended to pass and sent to the floor. Metropolitan Area what is already current conflict of interests statutes that prevents a Scheid also carried S.F. 3278, a bill that law for Minneapolis and St. Paul. The bill public officer in an official capacity from requires instruction about organ donation was approved and sent to the Senate floor. having a financial interest in contracts in in driver’s education courses. An amend-
23 Committee update ment that deleted a minimum of 30 technicians are increased almost to the Sen. Arlene Lesewski (R-Marshall) minutes of instruction and added a level of regular electricians and that the carried H.F. 2642, a bill that allows county required section of organ donation inspection requirements will increase the mine inspectors to submit annual reports information in the driver’s manual was number of inspections 100-fold. After a only to the county auditor instead of to the adopted. The bill was recommended to period of debate, the bill was recom- auditor and the Department of Labor and pass and be placed on the Consent mended to pass and sent to the floor. Industry. S.F. 2472, carried by Vickerman, Calendar. authorizes a town board to declare a A bill, S.F. 2900, carried by Sen. Workforce depts. consolidated vacancy when a town officer is unable to Michele Bachmann (R-Stillwater), which Members of the State and Local serve for a 90-day period due to illness, allows cities to establish a cartway to Government Operations Committee, absence or refusal to attend meetings. The provide access to landlocked parcels was chaired by Sen. Jim Vickerman (DFL- provision is similar to the authority cities recommended to be placed on the Consent Tracy), met Tues., Feb 26, to discuss a have in the law, Vickerman said. Both bills Calendar. Sen. Jim Vickerman (DFL- number of bills, including one that creates were recommended to pass and be placed Tracy) carried S.F. 3162, a bill that makes a new Department of Workforce and on the Consent Calendar. A bill that the Murray County recorder an appointed Economic Development (WEDD). The allows Hennepin County to contract with position. The bill was approved and bill, S.F. 3072, carried by Sen. Ellen a cooperative purchasing organization for recommended for placement on the Anderson (DFL-St. Paul), abolishes the purchases on behalf of the medical center Consent Calendar. A bill that allows the Department of Economic Security (DES) if it is established the purchasing organiza- state to pay the salary differential for state and the Department of Trade and Eco- tion has participated in a competitive or employees who are members of a military nomic Development (DTED) to create request for proposal process was carried by reserve unit and are called to active duty WEDD, and transfers the duties of the Sen. Lawrence Pogemiller (DFL-Mpls.). was amended to include employees of state former departments accordingly. An S.F. 3034 was recommended to pass and agencies and to include medical benefits amendment that delayed the effective date sent to the floor. as well. The bill, S.F. 2991, carried by Sen. of the bill to 2003 was adopted. Rebecca Sen. Michelle Fischbach (R- Don Betzold (DFL-Fridley), was recom- Yanisch, DTED commissioner, said the Paynesville) carried S.F. 2546, a bill that mended to pass and re-referred to the reasons for the change included keeping allows the cities of Rockville and Pleasant Finance Committee. Minnesota businesses competitive and Lake and the town of Rockville to Sen. Bob Lessard (IND-Int’l. Falls) create an economic environment that consolidate into one city. Representatives sponsored S.F. 2769, a bill that amends a encourages the growth of businesses and from all three municipalities testified in produces new, quality job growth. Transi- law relating to Itasca and Koochiching support of the bill, saying residents will tion Manager Morrie Anderson said the Counties that limits spending on tourism, receive better services. The bill was new department reflects the strategic agricultural, and industrial development recommended to pass and sent to the floor. policy decisions of the Minnesota Eco- A bill that creates an exception for to $4 per capita. The bill allows spending nomic Leadership Team (MELT), which up to $10 per capita, Lessard said. An municipalities regarding the engineering, represents a comprehensive organizational repair and maintenance of water tanks was amendment that added St. Louis County as framework that focuses on leadership. a beneficiary of the legislation was carried by Sen. Dan Stevens (R-Mora). S.F. Anderson said in addition to the local, 3168 allows municipalities to enter into adopted. The bill was recommended to regional and statewide workforce and pass and sent to the floor. S.F. 3347, a bill contracts through direct negotiation economic development programs, the new instead of advertising for bids, provided that ensures that Congress replaces lands agency strengthens linkages to other belonging to the Prairie Island Indians in the contract contains several provisions workforce development programs in other pertaining to cost, licensing of the engi- the case of a nuclear accident, was carried agencies. neer, payment length, and maintenance to by Sen. Roger D. Moe (DFL-Erskine). The Joyce Scanlan, president of the ensure tanks remain in regulatory compli- bill was recommended to be placed on the National Federation of the Blind of ance. The bill was recommended to pass Consent Calendar. Minnesota, said the bill doesn’t have her and sent to the floor. A bill regarding the licensing of organization’s support because the State electricians received extensive discussion. Services for the Blind (SSB) will get lost in Amongst the provisions in S.F. 3193, the larger agency. “The only reason SSB is Taxes carried by Sen. Don Samuelson (DFL- attractive is because of the funding,” Brainerd), the bill requires increased Scanlan said, “But services for the blind Latest stadium proposal unveiled licensing and inspection requirements for will only get worse. The blind have needs Sen. Dean Johnson (DFL-Willmar) electricians. Samuelson said the changes other than workforce training and devel- laid out the latest funding scheme to build were made to increase the safety and opment.” a baseball stadium in the Metro Area, to quality of electrical work done in the state. A Maple River Education Coalition the Tax Committee hearing Thurs., Feb. In opposition, State Board of Electricity representative said he opposes the bill 21. Last year 36 senators voted for a representative John Schultz said the because it creates a small group of stadium bill in some form, Johnson said. legislation was a “low-voltage compromise unelected officials who will determine The new proposal, he said, would bring bill” and did not include the input of all policy for the entire state. The bill was even more members aboard. the relevant parties. Among the negative recommended to pass and re-referred to the The stadium bill, S.F. 1857, which consequences of the bill, Schultz said, are Jobs, Housing, and Community Develop- incorporates suggestions from the Stadium that licensing requirements power limited ment Committee. Task Force, requires the state to put up
24 half of the money to construct a new However, he said, waiting until the expense will be passed directly to the stadium and a major league baseball team primary election may be too late because tenants of low-income housing.” Currently, to make up the other half. The measure the Twins’ contract runs out in October. the exemption for materials applies only to describes several revenue sources to cover Minneapolis Mayor R.T. Rybak and St. for-profit housing developers in partner- the $300 to $330 million dollar price tag Paul Mayor Randy Kelly said they ships. of the states’ share of the stadium cost. welcomed referendums in their cities. Sen. Jane Ranum (DFL-Mpls) offered The bill authorizes new and increased Pogemiller said funding a referendum a bill that creates a property tax exemption taxes and fees to pay for the stadium. The might prove prohibitive. for non-profit owners of low-income rental city or county where the stadium is to be Sen. Steve Murphy (DFL-Red Wing) property. Under the bill, payments-in-lieu- located may impose a local sales tax of up said in order for the referendum to be fair, of-taxes equal to 5 percent of rent are to 3 percent. The bill specifies that sports the whole state would need to be polled. charged to the property owners. The bill memorabilia be taxed an additional 13 “Let’s prove the Senate has some backbone also creates a sales tax exemption for percent at the wholesale level. A surcharge and just pass the bill,” he said. affordable housing construction materials of $1 is tagged onto car rentals in the Johnson said if the stadium is ap- used in the building of properties that Metro Area and there is an additional fee proved, citizens of the city where it is to be receive the property tax exemption. “The for cost of parking in certain facilities on located could block a raise in taxes by measure,” said Ranum, “tries to make game days, under the bill. Several smaller defeating the increase through the city incentives for the development of afford- fund-raising measures, such as the sale of council. “If you put a referendum out on able housing.” naming rights, personal seat licenses, and the issue,” he said. “The Twins will not be Betzold said each of the housing bills commemorative bricks, are also outlined in Minnesota next year.” The committee illustrates that the Legislature did not go in the measure. laid the bill over for further debate. far enough last year when it made con- “Taxes should only be on baseball struction materials for low-income housing teams and baseball leagues,” Sen. Bob Income and Sales Tax owned by non-profits sales tax exempt. Kierlin (R-Winona) said. “How will I However, he said, the budget storm clouds explain to my NASCAR fan friends that Budget Division may prevent any extension of the exemp- they have to pay a tax on NASCAR items tion. to pay for a baseball stadium?” he asked. Housing exemptions considered Sen. Steve Murphy (DFL-Red Wing) Johnson said he would work on an Members of the Income and Sales Tax presented a measure that creates a per ton amendment to narrow the scope of the Budget Division gathered Tues., Feb. 26, fee for aggregate materials removed from sports memorabilia tax to exclude and heard bills dealing with affordable pits and quarries. Under the bill, the fee, NASCAR merchandise. housing materials, meat products and which cannot exceed 30 cents per ton, is Sen. Bob Lessard (IND-Int’l. Falls) aggregate materials. to be collected and used by municiplaities. asked how funding for a new football Sen. Don Betzold (DFL-Fridley), Todd Iverson, representing the stadium would be raised if football division chair, said all the bills would be Aggregate and Ready Mix Association, merchandise already is taxed to pay for the laid over for possible inclusion in an said the bill unfairly charges for the use of baseball field. Johnson said the money omnibus tax bill. However, he said, the materials taken from borrow pits. He said collected from the sports memorabilia tax creation of such a bill was uncertain due to borrow pits are created when material is may also be used for a football stadium. the budget shortfall and legislative vows removed from a pit at a construction site However, he said, baseball is given the not to raise taxes. that is not needed there, and so is hauled priority because the Vikings contract does A few bills were presented that address away by aggregate businesses. Murphy said not expire for another decade. the shortage of affordable housing. Sen. he is willing to consider making an Dan McGrath, from Progressive Linda Higgins (DFL-Mpls) authored S.F. exemption for borrow pits, but did not Minnesota, said, “The Legislature is acting 3077 and S.F. 3165, identical bills that want to make loopholes in the bill. The out of defiance of the will of voters in provide a sales tax exemption of construc- bill was laid over for further consideration. order to bail out a business that is run and tion materials, supplies and equipment for Sen. Ann Rest (DFL-New Hope) supported by billionaires.” He said St. Paul low-income housing. Jim Holmes, an offered a bill that makes the delivery of voters defeated a stadium referendum in attorney with the Minneapolis Public aggregate materials tax exempt. She said 1999 and 70 percent of voters chose not to Housing Authority, said the exemption is the tax had been added unintentionally support public funding for a stadium in desperately needed by the city in order to with the adoption of the Streamlined Sales 1997. complete the building of 770 low income Tax Act last year. The act is the product of “The state is $2 billion in debt, but housing units, required as part of a 1995 a multi-state effort to make taxing of Carl Pohlad just sold Marquette Banks and consent decree. internet sales feasible by simplifying tax has $3 billion in his pocket,” he said. “We Higgins offered another measure, S.F. definitions. should not be spending the state’s money 3112, that allows non-profit or civic S.F. 2914, also authored by Rest, to save a team that is trying very hard to organizations that form housing partner- makes the delivery of printed material contract itself,” he said. ships to develop affordable housing to exempt from sales tax. She said the tax, a Sen. Lawrence Pogemiller(DFL-Mpls) claim a sales tax exemption on construc- product of the Streamlined Sales Tax Act, suggested that a referendum should be put tion materials and supplies. Lisa will make printers in Minnesota less to the voters asking whether they support Graphenteen, from the Central Minnesota competitive. Because much of the printing public funding for a baseball stadium. Housing Partnership, said, “The saved business is for direct mailing, the printing
25 Committee update can easily be done out of the state and of state because they travel during service, The committee heard technical then mailed to addresses in Minnesota, she making connections in other places and measures by Senators Ann Rest (DFL-New said. learning about the tax benefits of other Hope), Mee Moua (DFL-St. Paul) and Rest also presented a measure that states. The bill was laid over for possible Betzold. Rest’s bill clarifies that recipients makes unheated, ready-to-eat meat and consideration in an omnibus tax bill, as of dividends get 100 percent dividend seafood products exempt from sales tax. were all the other measures heard by the received deductions provided that the The bill, S.F. 3248, and S.F. 3057, committee, dividends were received from an insurance authored by Sen. Schwab, which creates Sen. Dennis Frederickson (R-New company that is no longer subject to the the same exemption, undo a tax imposed Ulm) presented a bill that creates a sales corporate franchise law. Rest said the bill, last year as part of the streamlining effort. tax exemption for smoking cessation S.F. 2906, corrects an incongruity in law Greg Endres, president of the Meat devices, such as nicotine patches and that creates an ambiguous classification for Processors Association, said the current tax chewing gum. “We are all aware by now of insurance companies. on meat products made in store creates an the negative impact of smoking on Moua’s measure, S.F. 3036, makes inequity with grocer-made products and health,” he said. Sen. Bob Kierlin (R- several policy changes recommended by products shipped in to the store. He said Winona) asked if Frederickson had the Dept. of Revenue. The bill changes the although two packages of summer sausage considered using tobacco settlement deadlines for determination of the validity may be almost identical, the one he makes money to cover the $670,000 loss of of property tax assessments, paying the in the store is taxed while the other is not. revenue caused by the exemption. second half of the agricultural property He said he must charge 6.5 percent more Frederickson said he had not because the tax, and filing fiduciary, partnership or S for his goods or absorb the tax himself. He fund has other purposes and will eventu- corporation income tax returns. The said he only marks up the items in his store ally run out. However, he said, paying for measure also creates an exemption from about 8 percent, making it difficult to the exemption with an increase in ciga- the liquor tax for foreign diplomats make any profit if he does not charge his rette taxes would be fair. receiving direct shipments of alcohol from Sen. Lawrence Pogemiller (DFL- customers more. other countries. Jenny Engh, Dept. of Mpls.) brought forth a measure that taxes Sen. Chuck Fowler (DFL-Fairmont) Revenue, said the change was needed for pesticides, fungicides and herbicides used proposed repealing all changes made by the two diplomats in Minnesota, one from on farms. According to the Dept. of the streamlined tax definitions. He said his Revenue, farmers would pay $32 million Canada and the other from Norway. bill, S.F. 2810, which was heard by the more for their chemicals under the bill, Betzold’s bill, S.F. 3038, makes many panel Tues., Feb. 19, could solve all the S.F. 3263. “The bill discourages environ- technical modifications to tax laws. The problems created by the streamlining effort mental degradation through tax policy,” measure deletes duplicate language and by doing away with streamlining all he said. repeals obsolete provisions. S.F. 3038 also together. All the bills were held over. Cliff Gipp, manager of the Cannon clarifies policies relating to referendum tax Valley Co-Op, said that a farmer with 500 replacement aid, tax liens against unre- Military pay exemption considered acres of corn and 500 acres of soy beans corded interests in real estate, property The Income and Sales Tax Budget pays $25,000 for pesticides. The sales tax, used to generate hydroelectricity and other Division held a meeting Wed., Feb. 27, to he said, would be an additional $1,625 tax issues. discuss possible tax exemptions for cost. “Pesticides are so expensive already,” military pay, smoking cessation devices he said, “we use them as scarcely as we Property Tax Budget and agricultural loans and to hear a few possibly can.” technical measures. Les Heen, from the Minnesota Division The first $10,000 of compensation Farmers’ Union, said farmers cannot pass from military pensions and retirement pay the cost onto consumers. TIF bills heard for retired or disabled veterans is exempted Farmers receive an additional tax Members of the Property Tax Budget from income tax under S.F. 2513. Sen. break under S.F. 3166, sponsored by Sen. Division processed 14 bills during their Kenric Scheevel (R-Preston), author of the Chuck Fowler (DFL-Fairmont). The Tues., Feb. 26, hearing. The panel, chaired bill, said, “After the terrorists attacks and measure extends the exemption on by Sen. Don Samuelson (DFL-Brainerd), military action in Afghanistan, I thought agricultural loans to all mortgages taken laid over 13 of the bills for consideration the timing was right to acknowledge the out to pay for any items or property used in by the Tax Committee in its omnibus tax service of veterans and welcome them agricultural production. Last year, Fowler bill. back to Minnesota.” He said several retired said, the Legislature approved exemptions Sen. Ellen Anderson (DFL-St. Paul) Minnesota veterans have moved to one of for loans for the acquisition or improve- carried S.F. 3149, a bill that extends the the 43 states where their limited incomes ment of agricultural property. sunset date of the “This Old House” home are not taxed. However, he said, loans are often improvement credit to 2013. A bill heard Sen. Don Betzold (DFL-Fridley) said taken out for a combination of buying by the division last year, S.F. 263, was that if the pensions of military personnel property and buying goods, such as seeds heard again. The bill–carried by Sen. have tax exemptions, firefighters and and equipment to farm it. Jerry Michele Bachmann (R-Stillwater)–allows police officers will also want exemptions. Schoenfeld, representing Greater State two sisters in Afton to remove a property “Where do we draw the line?” he asked. Advisors, said, “It’s impossible to figure out from an agricultural preserve program Tom Nesbit, a retired military officer, said what portion of the loan is for what piece early. The families intend to maintain the veterans are especially likely to move out of the puzzle.” property under the program’s guidelines,
26 but intend to build two houses on the adopted allowing the city of Minneapolis natural gas turbine electric generation property. to extend the duration of two TIF districts facility in Waseca County. A bill extending the life, by two years, by six years and seven years, respectively. S.F. 2426 exempts the attached of a tax increment financing (TIF) district The city is also, under one of the amend- machinery and personal property of a 50- in Rushford was carried by Sen. Bob ments, authorized to create a hazardous megawatt natural gas electric generation Kierlin (R-Winona). Sen. Grace Schwab substance subdistrict encompassing the facility in Beltrami County. The bill is (R-Albert Lea) presented S.F. 2525, which entirety of the second TIF district. carried by Sen. Anthony “Tony” Kinkel authorizes the creation of a non-contigu- S.F. 3001 and S.F. 2896, bills carried (DFL-Park Rapids). ous TIF district in Albert Lea. A bill by Rest and Sen. Lawrence Pogemiller Sen. Don Betzold (DFL-Fridley) exempting wind energy conversion systems (DFL-Mpls.), respectively, direct that carried S.F. 2921. The bill specifies that from property tax liability was carried by unused amounts in the TIF grant fund be local government levies to pay increased Sen. Arlene Lesewski (R-Marshall). The used for economic development and health insurance premiums for local bill, S.F. 3190, converts the taxation of affordable housing. No action was taken government employees are not subject to such systems from a property tax formula to on S.F. 2896. levy limits. a production tax formula. A bill expanding the limit on parcels Betzold also carried the Department of Sen. Deanna Wiener (DFL-Eagan) that may be included in a housing replace- Revenue technical bill, S.F. 3038. presented a bill extending the deadline for ment district was carried by Sen. Myron Sections of the bill relating to TIF were conveying an art park that enjoys favor- Orfield (DFL-Mpls.). The bill, S.F. 3047, amended out of the bill and advanced to able tax classification to a nonprofit allows each city affected–Minneapolis, St. the full committee separately for possible corporation until 2007. Paul, or Duluth–to designate not more inclusion in an omnibus TIF bill. Several bills were heard dealing with than 200 parcels. TIF grant funds and affordable housing. Sen. Dick Day (R-Owatonna) carried LGA proposals heard S.F. 2796, carried by Sen. Ann Rest (DFL- S.F. 2651. The bill provides a tax exemp- Members of the Property Tax Budget New Hope), modifies deficit reduction tion for attached machinery and personal Division met Wed., Feb. 27, to advance provisions. Amendments to the bill were property that is part of a 43-megawatt several more proposals for inclusion in
Dozens of AARP Minnesota members gathered in the Capitol rotunda Wed., Feb. 27, to voice their concerns over issues facing the elderly. Photo by Shelley Hawes
27 Committee update possible omnibus tax legislation. The was presented by Sen. Dallas Sams (DFL- telephone numbers of individuals who do panel is chaired by Sen. Don Samuelson Staples). The bill increases the credit from not wish to receive telephone solicitations. (DFL-Brainerd). 0.2 percent of the first $115,000 of the The bill makes available copies of the list Four bills extend the homestead credit property’s market value to 0.4 percent of to those wishing to make telephone for split class property. The bills require the first $115,000 of market value. The solicitations, prohibits solicitation being the assessor to apply the homestead class bill also increases the maximum credit made to any person on the list and rate to a full $76,000 of market value to a from $230 to $460. establishes penalties for those who do split class property that has a homestead S.F. 3011 was carried by Sen. LeRoy solicit someone on the list. market value of less than $76,000. Stumpf (DFL-Thief River Falls). The bill Cohen said 95 percent of Minneso- Remaining nonhomestead portions of the decreases the class rate for agricultural tans–according to a survey by the Ameri- property have the appropriate class rate homestead land to 0.35 percent for can Association of Retired Persons applied, under the bills. The bills are S.F. property with a market value less than (AARP)–want telephone solicitation 2440, carried by Sen. Dennis Frederickson $115,000. Commercial, industrial, railroad regulated. He said people receive hun- (R-New Ulm), S.F. 2708, carried by Sen. and public utility property with a market dreds of calls and have no idea how to Arlene Lesewski (R-Marshall), S.F. 2743, value greater than $150,000 has a class prevent them from happening. Although carried by Sen. Michelle Fischbach (R- rate of 2.7 percent, under the bill. Mineral the practice was once a legitimate sales Paynesville), and S.F. 2962, carried by property also has a class rate of 2.7 percent. technique, he said, it has now been ruined. Sen. Keith Langseth (DFL-Glyndon). Changes to the formula for the homestead “It’s just overwhelming at this point,” Langseth also presented two other credit are also made in the bill. The he said. bills. S.F. 2613 provides a two-year proposal was laid over for further study. Although he said he was in favor of property tax exemption for newly con- Sen. John Hottinger (DFL-Mankato) the bill, Department of Commerce structed homes in certain border cities. S.F. carried a bill, S.F. 3116, eliminating the Commissioner Jim Bernstein spoke 2876 creates a new class rate for unim- residential homestead market value credit regarding some concerns. The department, proved land bordering water. for new homesteads located outside an he said, may need extra staff to establish Several bills increase city aid bases. incorporated area and initially occupied and maintain what he assumes will be a Fischbach presented S.F. 2778, which after Jan. 1, 2002. The bill is designed to large list and to field requests from raises the aid base for the cities of Sartell conform with the philosophy of encourag- telemarketers to obtain the list. While the and St. Michael. Sen. Chuck Fowler (DFL- ing homestead construction in incorpo- bill covers some expected costs by Fairmont) carried S.F. 2885, a bill rated areas, where government services are requiring a $15 fee for those wishing to increasing local government aid payments less expensive to provide, Hottinger said. obtain the list, he suggested the fee be set and making special provisions for county S.F. 3247, carried by Sen. Bob Lessard at $50, or even $100. Sen. David seats with populations of less than 10,000. (IND-Int’l. Falls), allows counties and Tomassoni (DFL-Chisholm) moved to amend the $15 fee requirement to allow Sen. Cal Larson (R-Fergus Falls) presented school districts to levy back the amount the department to charge at least $50 for two bills. S.F. 2975 increases the aid base they lost when the tree growth tax was the list. The amendment was adopted, and for the city of Alexandria and S.F. 3237 abolished. the bill was approved and re-referred to increases the aid base for Parkers Prairie. A Sen. Edward Oliver (R-Deephaven) the Judiciary Committee. bill increasing the aid base for carried S.F. 2484. The bill exempts non- Tomassoni carried S.F. 3002, which Hermantown, S.F. 2997, was carried by commercial seasonal recreational property requires information and periodic training Sen. Becky Lourey (DFL-Kerrick). Sen. from the state levy. Commercial seasonal to be given regarding the proper method of Steve Dille (R-Dassel) carried S.F. 2717, recreational property remains subject to dialing 9-1-1 from a multiline telephone increasing the aid base for Hutchinson, the levy and bears the burden of exempt- system to those using the system. and S.F. 2718, increasing the aid base for ing the non-commercial property, accord- Pete Eggimann, director of 9-1-1 Darwin. Two bills were carried by Sen. ing to the bill. The bill was laid over for services for the Metropolitan 9-1-1 Board, Steve Murphy (DFL-Red Wing). S.F. 2700 further study. testified in support of the bill. He said the increases the aid base for Hastings and S.F. The Department of Revenue policy bill is necessary because emergency 2701 increases the aid base for Red Wing. bill, S.F. 3036, was carried by Sen. Mee responders are many times sent to the Samuelson also carried a bill increasing Moua (DFL-St. Paul). wrong location because most multi-line bases for local government aid statewide. telephone systems do not provide accurate S.F. 3127, another bill authored by Telecommunications, Energy caller location when a person calls 9-1-1. Samuelson, is a bill providing economic The systems, he said, are used in nearly development tax incentives outside the and Utilities every government, school and business Metropolitan Area. facility, as well as various multi-tenant Sen. Anthony “Tony” Kinkel (DFL- Phone solicitation bill approved residential facilities and apartment Park Rapids) carried a bill delaying the Members of the Telecommunications, complexes. He said when calls are re- date by which taxes on certain resort Energy and Utilities Committee, chaired ceived from the systems, emergency property must be paid. S.F. 3294 allows by Sen. James Metzen (DFL-South St. personnel don’t know the exact location small resorts to pay property taxes in July Paul), met Thurs., Feb. 21, to discuss a bill of the call, and they sometimes must go instead of May. regulating telephone solicitation. door to door to try to find the caller. The A bill increasing the agricultural S.F. 3246, authored by Sen. Richard bill will go a long way towards solving the homestead market value credit, S.F. 3105, Cohen (DFL-St. Paul), establishes a list of problem, he said.
28 Sen. Kenric Scheevel (R-Preston) said services. The bill requires that two cents concerns expressed by Sen. Satveer he was concerned that the bill might be each month be used for the development Chaudhary (DFL-Fridley), an amendment seen as somewhat frivolous, since it of a communication system connecting was adopted that ensures even motor involves the Legislature requiring that 9-1- firefighters with emergency medical carriers with excellent safety records will 1 use be taught. Eggimann said it may seem services providers and one cent be used for receive records audits at least once every trivial, but if people get excited or don’t grants for medical resource communica- four years. Another amendment was know how to use the system, they will be tion efforts. The measure also requires that proposed that removes a registration fumbling around when lives are at stake. 17 cents per month be used for public redundancy for carriers of hazardous The bill was approved and re-referred to safety answering points. The bill was materials. The amendment was adopted. A the Judiciary Committee. approved and re-referred to the Finance third amendment that removes the Sen. Ellen Anderson (DFL-St. Paul) Committee. prohibition against the commissioner using carried S.F. 3279, which establishes the Kelley carried S.F. 3115, which trunk highway money for transit funding Minnesota Nuclear Waste Security authorizes the purchasing of equipment or surrounding a highway construction Council to review and analyze nuclear services intended to reduce the energy project received extensive discussion. waste issues and to develop state policy costs of a state building or facility under Among the opponents of the amendment, regarding the disposal, storage and certain conditions. The bill was approved Ourada said trunk highway money was transportation of nuclear waste. The bill and sent to the Senate floor. never intended to be used for non-road also requires the development of a plan to Members also voted to confirm the construction purposes. Sen. Claire Robling protect citizens from exposure to radiation appointment of Eagan resident Phyllis (R-Prior Lake) questioned if diversionary leakage and a plan to protect the security Reha to a six year term as a commissioner transit around highway construction of nuclear power plants. Minnesota law of the Public Utilities Commission. should be funded by the Metropolitan had established and then sunset the Council. Supporters of the amendment, security council several years ago, but Transportation such as Sen. Julie Sabo (DFL-Mpls.), said Anderson said it was appropriate to bring the funding flexibility created by the it back and update it because of the Housekeeping bills debated amendment is absolutely critical to keep security issues faced today. Two housekeeping bills dominated traffic flowing around massive construc- Sen. Steve Kelley (DFL-Hopkins) discussion when the Transportation tion sites. The amendment was adopted. moved to amend the bill to ensure that the Committee, chaired by Sen. Dean Johnson The bill was recommended to pass and council does not deal with any of the (DFL-Willmar), met Thurs., Feb. 21. The sent to the floor. issues surrounding the Prairie Island Department of Public Safety housekeeping Sen. Charles Wiger (DFL-North St. nuclear plant. He said the bill is written bill was carried by Sen. Steve Murphy Paul) carried S.F. 2704, a bill that allows too broadly and that he wants to increase (DFL-Red Wing), and was comprised of a Washington County to process electroni- its focus on security. The amendment was host of technical and grammatical changes. cally certain vehicle registration renewals. adopted. Department of Vehicle Services Director Wiger said the bill also allows the county Several Senators wondered if the bill Brian Lamm said the purpose of the bill to charge an additional fee for accepting is necessary. Metzen said the Governor’s was “simplification, streamlining, and to Office has taken steps to prepare and study payments by credit card. The bill was allow broad automation.” Murphy approved and re-referred to the Finance the security issues after the events of Sept. proposed an amendment that consolidates Committee. Sen. David Johnson (DFL- 11. He also said that any measure that various fees related to title transfers into a Bloomington) carried S.F. 3277, a bill that increases the size of government may not single amount, but the proposal sparked be advisable at this time. debate. Sen. James Metzen (DFL-South St. requires all highways in the national “I just don’t know at this time that this Paul) said the original purpose of some of highways system be subject to the same is needed,” he said. The bill was laid over. the fees has lapsed and the amendment final construction plans procedures as Sen. Arlene Lesewski (R-Marshall) merely camouflages the old fees. Sen. interstate highways. The bill was recom- carried S.F. 3190. The bill exempts wind Mark Ourada (R-Buffalo) said the mended to pass and sent to the floor. energy conversion systems installed after amendment hides taxes, and questioned if Jan. 1, 2002, from property tax and, all of the fees should be continued. After Segway rules discussed instead, provides for a production tax on Lamm explained the history and basis of Members of the Transportation electricity from wind conversion systems. each of the fees, Murphy withdrew the Committee met Tues., Feb. 26, to discuss The bill was approved and re-referred to amendment. The bill was approved and several bills, including new provisions for the Tax Committee. referred to the floor. the recently unveiled Segway pedestrian S.F. 2683 was offered by Sen. Jane The Department of Transportation device. Sen. Satveer Chaudhary (DFL- Ranum (DFL-Mpls.). The bill is a combi- (MnDOT) housekeeping bill was carried Fridley) carried S.F. 3122, a bill that nation of several measures and enacts by Johnson. Among the provisions in S.F. exempts electric personal assistive mobil- various antiterrorism measures, but 3298 are provisions that reduce the ity devices, presently manufactured members were mainly interested in the number of vehicle inspections and records exclusively by Segway LLC, from the section regarding the 9-1-1 service fee. audits based on the safety data of motor definition of a motor vehicle for the The bill changes the fee from 27 cents per carriers and clarify the state can access the purposes of licensing and traffic laws. The month to a fee of no less than 8 cents nor records of drivers who are drug tested by Segway is a small scooter-like device with more than 52 cents per month for 9-1-1 the federal government. Because of earlier several tiny gyroscopes that react to subtle
29 Committee update body motion to propel the device in the Robling carried a bill that allows Frequently called numbers appropriate direction, Chaudhary said. He charter buses with capacity of at least 40 said the bill is the legal infrastructure for passengers to use the shoulders of freeways the introduction of a new transportation in congestion. Robling said metro buses Secretary of the Senate technology. A Segway representative said already have the authorization and the bill 231 Capitol (651) 296-2344 the device was built to empower pedestri- encourages higher-density transit. A Voice mail/order bills (651) 296-2343 ans, but won’t be available to the public Department of Transportation (MnDOT) Chief Clerk of the House until later this year at the earliest. “The representative said the department was not 211 Capitol (651) 296-2314 applications for this device are limited opposed to the bill, but had concerns Senate Index only by our imagination,” the representa- about the increasing amount of traffic on 110 Capitol (651) 296-2887 House Index tive said. “This invention may change the highway shoulders. Terwilliger offered an 211 Capitol (651) 296-6646 face of personal transportation.” Sen. Roy amendment that allows vanpools to use Senate Information Terwilliger (R-Edina) said it is far too the shoulders as well. The amendment was 231 Capitol (651) 296-0504 early to pass such legislation because the adopted. Sen. Mark Ourada (R-Buffalo) Toll free 1-888-234-1112 device is not even available to the public. offered an amendment that repeals House Public Information The bill was recommended to pass and was legislation passed last year that requires 175 State Office Building (651) 296-2146 sent to the floor. any contract entered into by MnDOT to Toll free 1-800-657-3550 Chaudhary also carried S.F. 3310, a be approved by the commissioner of the Senate Committee Hotline (651) 296-8088 bill that expands the definitions of Department of Administration. The House Committee Hotline (651) 296-9283 violations for which a school bus driver amendment was adopted. The bill was Senate Sergeant at Arms endorsement can be revoked. The bill recommended to pass and sent to the floor. G-1 Capitol/Chamber (651) 296-1119 authorizes the commissioner of public House Sergeant at Arms safety to cancel a school bus driver’s 45 State Office Building (651) 296-4860 endorsement if the commissioner deter- Senate Counsel & Research mines the person has been convicted of a G-17 Capitol (651) 296-4791 gross misdemeanor or has been convicted Senate on the World Wide Web House Research of a series of violations deemed to present The Minnesota Legislature’s Web site 600 State Office Building (651) 296-6753 a risk to public safety. An amendment was has been updated. A joint effort of the TTY, Senate (651) 296-0250 adopted that clarifies only gross misde- Senate, House of Representatives, Legisla- Toll free 1-888-234-1216 meanors in areas that present a risk to the tive Reference Library, Legislative TTY, House (651) 296-9896 public safety would be considered by the Commissions, and the Office of the Toll free 1-800-657-3550 commissioner when evaluating endorse- Revisor of Statutes, the site offers easier ments. The bill was recommended to pass access to a variety of legislative and Information Services and sent to the floor. A bill that returns government information. The Senate Information Office and three state highways to the counties and The Legislature’s page (http:// the Office of the Secretary of the Senate vacates another was also briefly discussed. www.leg.mn) includes links to other are located in Room 231 of the Capitol. S.F. 3293, also authored by Chaudhary, government agencies and departments, as These offices distribute all public printed was recommended to pass and be placed well as copies of Minnesota Statutes, materials and handle inquiries about on the Consent Calendar. Session Laws, and Rules. The page also Senate committee meetings, Senate Testimony was heard regarding a bill allows one to track legislation and get districts, Senate telephone numbers, bill that allows the definition of “special general information about the legislative reference numbers and status, and bill mobile equipment” to include street- process. The site includes a district finder sponsorship. sweepers, thus exempting the street- service for those who need to contact their Interested citizens may also request sweepers from vehicle taxation and House member or Senator. copies of bills or ask to be put on the licensing requirements. Clean Sweep Inc. The Senate Web site (http:// mailing list for Senate publications. If you representative Peter Coyle said the bill www.senate.mn) has information about want to know the name of your Senator or merely codifies into law what has been the members, committees and Senate staff. The have any other questions about the official policy toward street-sweepers since page also has daily and weekly schedules Minnesota Senate, call 651-296-0504 (tty 1970. Sen. Claire Robling (R-Prior Lake) for the Senate, as well as copies of the 651-296-0250). offered an amendment that requires the Journal and Senate Briefly. The status of The Senate Information Office also commissioner of public safety to review all legislation and confirmation of executive has toll-free telephone numbers to enable vehicles in the “special mobile equip- appointments by the Senate is also citizens of Greater Minnesota to obtain ment” category because she said she was available. general information about the Minnesota concerned that some vehicles in the The House of Representatives Web Senate. The telephone numbers are: 1- category were capable of highway speeds. page (http://www.house.mn) includes 888-234-1112 (voice) and 1-888-234- She withdrew the change when the membership and committee information. It 1216 (tty). department indicated the category is being also has daily news, information, and the Staff members are available to answer reviewed on an ongoing basis. The bill was daily House schedule. House journals and questions about the Senate and the recommended to pass and sent to the floor. legislative information are also available. legislative process.
30 Preview Monday, March 4 gram. S.F. 2933-Kinkel: Sewage treatment Medford to impose a local sales and use systems. S.F. 3010-Stumpf: Maintaining, tax. S.F. 802-Robling: Counties tribal tax agreement payments appropriation limit Rules and Administration Subcommittee monitoring and enforcement of recre- elimination. on Elections ational motor vehicles. S.F. 3353-Sams: Chair: Sen. John Hottinger Ag chemical response and reimbursement State Government, Economic Develop- 8 a.m. Room 112 Capitol fund. S.F. 2738-Price: Natural resources ment and the Judiciary Budget Division Agenda: Campaign Finance and Public provisions modifications. S.F. 3352- Chair: Sen. Richard Cohen Disclosure Board bills: S.F. 3384- Lessard: Relating to the drycleaner clean- 4 p.m. Room 107 Capitol Hottinger: Election campaign finance and up fund. S.F. 3176-Frederickson: Public Agenda: To be announced. ethics provisions modifications. S.F. 3056- facilities authority bonding authority Hottinger: Election campaign finance increase. S.F. 2594-Stevens: Agriculture and renewable energy loan program. Transportation and Public Safety Budget provisions modifications. Division Chair: Sen. Dean E. Johnson Rules and Administration Committee Tuesday, March 5 4 p.m. Room 112 Capitol Chair: Sen. Roger D. Moe Agenda: Transportation funding proposal. 10 a.m. Room 107 Capitol The Senate will be in session at 9 a.m. Agenda: Pursuant to rule 21: S.F. 3193- Health, Human Services and Correc- Samuelson; S.F. 3384-Hottinger; S.F. 388- Wednesday, March 6 tions Budget Division Hottinger. Other. Chair: Sen. Linda Berglin 4:30 p.m. Room 123 Capitol The Senate will meet at 11:30 a.m. Health, Human Services and Correc- tions Budget Division Agenda: All bills not completed during morning meeting. S.F. 2793-Vickerman: Chair: Sen. Linda Berglin E - 12 Education Budget Division Plan to certify children’s mental health 10 a.m Room 123 Capitol Chair: Sen. LeRoy Stumpf residential facility (out of state). S.F. Agenda: S.F. 2840-Murphy: Rate increase Immediately after session Room 112 Capitol 3397-Berglin: Veterans Nursing Home for certain hospitals. S.F. 3119-Sams: DHS Agenda: S.F. 2736-Pappas: Article I and 4 Board. of Department of Children, Families and Mental health services coverage. S.F. 2918-Berglin: MFIP 60 month limit Learning policy bill. S.F. 2737-Pappas: moratorium. S.F. 3099-Berglin: DHS Thursday, March 7 Require commissioner to provide diesel continuing care policy. S.F. 2611-Ranum: fuel emissions information to school Interstate compact adult offender. S.F. The Senate will be in session at 9 a.m. districts. S.F. 2745-Kelley: Broadening 2622-Kiscaden: Volunteer health care health, safety program to include school provider program. S.F. 2811-Kiscaden: Finance Committee safety costs. S.F. 2946-Vickerman: Extend MA donated dental services program. S.F. Chair: Sen. Douglas J. Johnson disabled access levy for ISD 2898, 3155-Kiscaden: Dentist and hygienist guest 1 p.m. Room 123 Capitol Westbrook-Walnut Grove. S.F. 2983- license. Agenda: S.F. 887-Lourey: Creating Pogemiller: Expanding use of building registration for medical response units. lease levy. S.F. 3196-Tomassoni: Extend The Senate will meet at 12 noon. levy for retired employee health benefits. S.F. 619-Lourey: Requiring plumbers to be licensed. S.F. 3225-Johnson, Douglas: Adjusting Income and Sales Tax Budget Division referendum transfer for ISD 709 - Duluth. Chair: Sen. Don Betzold Tax Committee S.F. 3106-Kelley: Require single uniform 4 p.m. Room 318 Capitol teacher application. S.F. 3142-Neuville: Chair: Sen. Lawrence Pogemiller Agenda: S.F. 3338-Kiscaden: Rochester 4 p.m. Room 15 Capitol Modify tuition provisions for MN State additional lodging tax imposition author- Academies. Agenda: S.F. 1857-Johnson, Dean: ity. S.F. 3287-Belanger: Bloomington Stadium proposal. lodging tax rate increase. S.F. 3042- Environment and Agriculture Budget Johnson, Douglas: Ely sales and use tax Division imposition and bonding authority. S.F. Friday, March 8 Chair: Sen. Leonard Price 135-Lourey: Expanding uses for 3 p.m. Room 318 Capitol Hermantown sales tax. S.F. 134-Lourey: ***Tentative*** Agenda: S.F. 2125-Moe, R.D.: Consoli- Authorizing Cloquet to impose sales tax. The Senate will be in session at 9 a.m. dated Conservation land sale. S.F. 2674- S.F. 2416-Lesewski: Sales tax exemption Krentz: Game and fish bill. S.F. 3054- for businesses in small cities. S.F. 3348- Finance Committee Tomassoni: Petrofund tank removal Schwab: Authorizing the city of Albert Lea Chair: Sen. Douglas J. Johnson reimbursements. S.F. 3177-Frederickson: to impose a local sales and use tax. S.F. 1 p.m. Room 123 Capitol Wastewater infrastructure funding pro- 3387-Day: Authorizing the city of Agenda: To be announced.
31 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 297-8060 Leonard R. Price 235 Cap. 57 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8061 Jane B. Ranum 120 Cap. 63 DFL 296-9246 Linda Higgins 328 Cap. 58 R 296-1253 Mady Reiter 132D SOB 53
DFL 296-6153 John C. Hottinger 205 Cap. 24 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-5419 Twyla L. Ring 306 Cap. 18 DFL 296-3826 Dean E. Johnson 124B Cap. 15 R 296-4314 Martha R. Robertson 141 SOB 45 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4123 Claire A. Robling 143 SOB 35 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 DFL 296-4274 Julie A. Sabo 317 Cap. 62
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 297-8063 Dallas C. Sams 328 Cap. 11 R 296-5649 Bob Kierlin 127 SOB 32 DFL 296-4875 Don Samuelson 120 Cap. 12 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-4848 Sheila M. Kiscaden 135 SOB 30 DFL 296-8869 Linda Scheid 303 Cap. 47 R 296-6455 Dave Kleis 107 SOB 16 R 296-9248 Grace S. Schwab 151 SOB 27
R 296-4120 David L. Knutson 133 SOB 36 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
Capitol address: 75 Constitution Avenue, St. Paul, MN 55155. State Office Building address: 100 Constitution Avenue, St. Paul, MN 55155. All phone numbers are area code 651.
Senate Publications
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32 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 20 Floor update
Page 22 Floor action
Page 24 Preview
In anticipation of statewide precinct caucuses being held Tues., Mar. 5, Legislators vacated the Capitol to travel to their respective districts, result- ing in a much quieter than usual Capitol rotunda. Photo by Shelley Hawes
March 8, 2002
1 Senate Highlights Transportation package discussed needs at least $800 million annually in labor. Commissioner Elwyn Tinklenberg A plan to address a large portion of new, permanent funding to keep up with said the department will have to re- Minnesota’s transportation funding needs Minnesota’s transportation needs. Previous evaluate internal resources and its ap- was considered Wed., Mar. 6, by the proposals did not reach that level of proach to meeting transportation needs Transportation and Public Safety Budget funding, he said. Johnson emphasized that, with the increased funding but with hiring Division. Members, led by Sen. Dean under the bill, vehicle registration fees– and contract freezes in effect. Representa- Johnson (DFL-Willmar), also approved a commonly called “license tab fees”–are tives of the Minnesota Chamber of MnDOT housekeeping bill. not increased for current vehicles. Only if Commerce, Association of Metropolitan a consumer buys a new car will the higher Johnson authored S.F. 2812, the Municipalities, Minnesota Association of fees take effect, he said. funding package. The bill provides for the Small Cities, Council of Greater Minne- Representatives of several organiza- creation of a multimodal transportation sota Counties and Minnesota Rural tions spoke on the bill. Carol Lovro, fund with two accounts: one to be con- Counties Caucus spoke in favor of a Association of Minnesota Counties, said transportation funding proposal. No action trolled by the Department of Transporta- the bill is long overdue. However, she said, tion (MnDOT) and one to be operated by was taken on S.F. 2812. the association has concerns regarding The panel also considered another the Metropolitan Council. The package specifics in the bill’s distribution of funds includes several sources of increased proposal from Johnson, S.F. 3298. The around the state. Robert Vanasek, repre- measure is the MnDOT housekeeping bill. revenues. The bill raises the gasoline senting the Minnesota Inter-County excise tax by seven cents and indexes the The bill also provides for various trunk Association, said a better compromise highway bonding projects. S.F. 3298 was tax to inflation in future years. S.F. 2812 might be an equal weighting for popula- advanced to the full Finance Committee. also deletes language establishing maxi- tion and needs in the distribution formula. mum tax rates for vehicle registration and Sen. Keith Langseth (DFL-Glyndon) said authorizes a November 2002 referendum that if the equal split was right in placing Contract procedure okayed on a 0.5 percent sales tax in the 11-county so much emphasis on population, then Senators devoted most of the Mon., Metropolitan Area for highway spending. transit funding should be handled simi- Mar. 4, floor session to debating a bill, S.F. Sen. Dick Day (R-Owatonna) said a larly. However, Langseth said, such an 3208, that allows state employee contracts good, bipartisan plan had been previously approach would be wrong. The bill to go into effect without legislative considered, but that the plan before the presents a good compromise, he said, that ratification. Current law requires both panel was a turn for the worse. “I can sell both sides should be able to accept. bodies of the Legislature to approve my district on a gas tax, but I can’t sell Julie Bleyhl, AFSCME Council 6, said collective bargaining agreements negoti- them on a seven-cent gas tax,” he said. the bill lacks language requiring MnDOT ated between the administration and state Johnson said MnDOT has indicated it to use state employees or other union employee unions. Majority Leader Roger Moe (DFL- Erskine), chief author of the bill, said the Senate Briefly is a publication of the Photography: measure makes the legislative position Minnesota Senate Publications Office. David J. Oakes consistent with the Legislative Coordinat- During the 2002 Legislative Session, Shelley Hawes ing Commission’s position. “In other each issue reports daily Senate activities words, if the LCC does not act, then the between Thursdays of each week, lists Writers: upcoming committee meeting schedules contract goes into effect. The Legislature Karen L. Clark and provides other information. The would have to disapprove a contract publication is a service of the Minnesota Joshua A. Dorothy before the end of a session, otherwise the Senate. No fee. It can be made available Steve Holman contract goes into effect,” he said. in alternative formats. Mary Kate Stimmler Several members argued against the Matthew Wickman bill on the grounds that the measure To subscribe, contact: abrogates the Legislature’s responsibility. Sen. David Knutson (R-Burnsville) said, Senate Publications Office “Ultimately it is our responsibility and G-22 Capitol obligation to affirmatively approve the 75 Constitution Ave. contracts negotiated on behalf of the St. Paul, MN 55155-1606 Senate Briefly is published weekly people.” (651) 296-0504 during the Legislative session by the However, Moe responded, “I suggest 1-888-234-1112 Minnesota Senate Publications Office, that we change our process simply because (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. you either agree with the bargaining Paul, MN 55155-1606. Periodical process or you don’t. You agree with the Editor: postage paid at St. Paul, MN. POST- process and then step back and let it work, Karen L. Clark MASTER: Send address changes to or you don’t. The bill does not preclude Senate Briefly, Senate Publications the Legislature from looking at the contracts, nor does it preclude the Legisla- Assistant Editor: Office, G-22 Capitol, 75 Constitution Ave., St. Paul, MN 55155-1606. ture from voting contracts down.” Joshua A. Dorothy Sen. Sheila Kiscaden (R-Rochester) said, “The contract situation right now is
2 difficult, but I’m not sure we want to of the majority of calls and goes a long way approved and re-referred to the Finance change public policy. I think this is a toward dealing with the issue. Committee. dangerous way for us to go because it Cohen offered an amendment that Neuville authored S.F. 3114. The bill allows the Legislature to avoid conflicts adds another exemption to the list. It allows obligors to obtain a limited drivers and avoid responsibility for labor con- allows solicitation by a person if they license for 90 days when they fall behind tracts. I think the Legislature should have a intend to complete the sales presentation on their child support payments. In current role and the bill begins to take us out of at a later face-to-face meeting. The law, when an individual falls three months the process.” Sen. John Hottinger (DFL- amendment also specifies that a solicitor is behind on child support payments the Mankato) countered that without the bill, not liable for contacting a subscriber on individual’s license is suspended until a one body is allowed to block a contract. the list during the first 30 days after first payment agreement is reached. The “To allow a single house to defy the obtaining a copy of the list. measure allows an obligor whose drivers collective bargaining process is not a good Regarding the first part of the amend- license has been suspended to bring a way to go about the state’s business,” he ment, Marty asked why calls would be motion to have it reinstated. Under the said. allowed simply because their purpose was bill, if the license is reinstated, a written The measure was granted final passage to meet and finish the sales pitch. He said payment agreement must be established. on a 35-23 roll call vote. he pictured many companies stating their The bill also provides for the establish- desire to meet face-to-face and stretching ment of a child support graduated payment Phone solicitation bill approved such a clause as far as possible. Marty plan that is tailored to the financial Members of the Judiciary Committee, divided the amendment into two sections. circumstances of each obligor when an chaired by Sen. John Marty (DFL- The section regarding liability was obligor is in arrears. Neuville said a Roseville), met Fri., Mar. 1, to discuss a approved. The committee also adopted limited drivers license may be used in bill regulating telephone solicitation. the section of the amendment relating to order for the obligor to go to work, school S.F. 3246, carried by Sen. Richard face-to-face sales resulting from telephone or treatment so they are able to pay the Cohen (DFL-St. Paul), establishes a list of solicitation. support they owe. telephone numbers of individuals who do Marty offered an amendment creating Mark Fiddler, from the Child Support not wish to receive telephone solicitations. an exemption for solicitations resulting Enforcement Division in the Minnesota The bill makes available copies of the list from direct referrals made by personal Department of Human Services, testified to those wishing to make telephone acquaintances of the subscriber. Sen. in support of the bill. He said the goal of solicitations, prohibits solicitation being Warren Limmer (R-Maple Grove) said the department is to put obligors in a made to any person on the list and referral calls are usually made by people position to continue their payments, and establishes penalties for those who do who are good in their profession. “These the bill helps this get accomplished. The solicit someone on the list. are good old American referrals that make bill was approved and re-referred to the Sen. Thomas Neuville (R-Northfield) pretty good business,” he said. The Finance Committee. said he was concerned with the number of amendment was adopted. Marty carried S.F. 3206, which exceptions to the definition of telephone The committee considered an specifies that data regarding an employee’s solicitation in the bill. He said he was amendment adding phone calls made to dependents is considered private data. The particularly concerned with the clause establish a business relationship with a bill also shifts social security administra- exempting communications made by or on subscriber to the definition of telephone tive duties from the Department of behalf of any person or entity that a solicitation. The amendment, offered by Employee Relations to the Public Employ- residential subscriber has a prior or current Limmer, was adopted. ees Retirement Association. The bill was business or personal relationship with. Limmer also offered an amendment approved and sent to the Senate floor. Many organizations could fall into the granting the authority to impose self- exemption, he said, especially when taking executing penalties to the powers of the into account the subsidiaries and affiliates Public Utilities Commission. He said the of various companies. Sen. Leo Foley language clarifies existing PUC authority Frequently called numbers (DFL-Coon Rapids) said the bill still to regulate anti-competitive conduct. Self- Secretary of the Senate allows solicitation calls from telephone executing penalties, Limmer said, save 231 Capitol (651) 296-2344 companies. He said he receives a large time and costs involved in litigation. Voice mail/order bills (651) 296-2343 amount of those kinds of calls and that Assistant Attorney General Jeanne Senate Index they should be considered for inclusion in Cochran said the attorney general supports 110 Capitol (651) 296-2887 the prohibition. He said that although he the language as an important regulatory Senate Information supports the bill, it is too weak and tool. A representative of Qwest Communi- 231 Capitol (651) 296-0504 “watered down.” The bill, he said, repre- cations spoke against the language, saying Toll free 1-888-234-1112 sents the concerns of the industry. it allows his company to be fined twice, at Senate Committee Hotline (651) 296-8088 Cohen said the bill is probably not the federal level and the state level, for the Senate Sergeant at Arms perfect because it does allow a certain same infraction. He also disputed claims G-1 Capitol/Chamber (651) 296-1119 number of calls to continue. He also said that the amendment clarifies existing PUC Senate Counsel & Research that the bill involves compromises with authority. Rather, he said, the language G-17 Capitol (651) 296-4791 members of the business community. expands the commission’s powers. The TTY, Senate (651) 296-0250 However, he said, the measure takes care amendment was adopted. S.F. 3246 was Toll free 1-888-234-1216
3 Committee update Agriculture, General Legislation and Veterans Affairs Water pollutant provision modification approved Members of the Agriculture, General Legislation and Veterans Affairs Commit- tee, chaired by Sen. Steve Murphy (DFL- Red Wing), met Fri., March 1, to hear a bill regarding the release of pollutants into safe waters. S.F. 2664, carried by Sen. Kenric Scheevel (R-Preston), modifies current law that prohibits the release of any substance into water that injures, is detrimental to the propagation of or taints the flesh of wild animals. The bill exempts land applied manure or stockpiled manure managed according to rules in current law from any penalties established under the prohibition. The bill also prohibits the construc- tion of new open air swine basins, except that existing facilities may use one basin of less than 1 million gallons for a waste treatment program to resolve pollution problems or to convert an existing basin of less than 1 million gallons to a different animal type if all standards are met. Tom Dunwald of Clean Water Action testified in opposition to the bill. He said the bill adds more exceptions to law and effectively prevents the Attorney General’s Office from bringing action against a farmer for disposing pollutants into state waters. The bill, he said, does not represent good public policy. Scheevel said the impetus for the bill came from an incident in his district where a large rainstorm caused a farmer’s field to overflow and wash away manure into a nearby river. As a result, he said, the manure was alleged to have killed many fish in the river. However, he said the Minnesota Pollution Control Agency and the Participants in a rally sponsored by the Cleanwater Action Alliance of Minnesota Department of Natural Resources had voiced their opinions in the Capitol rotunda Thur., Feb. 28. Photo by Shelley Hawes conflicting rules on how to deal with the situation and did not know how to best Commerce residential real estate. Sen. Ann Rest (DFL- proceed. New Hope) carried the measure that she He said the bill brings their rules Property disclosures discussed said was friendly to consumers. together and “puts them on the same page.” The Commerce Committee, chaired “Buyers can enter into a contract with He also said similar exemptions are already by Sen. Linda Scheid (DFL-Brooklyn the most accurate information from sellers allowed in other circumstances. Park), met Fri., Mar. 1, to discuss several The bill was approved and sent to the bills, including legislation that establishes and have more confidence in the transac- Senate floor. disclosure requirements for sellers of tion,” Rest said about S.F. 2697.
4 Susan Dioury from the Minnesota refuse coverage to any individual who S.F. 3290, authored by Sen. Dave Association of Realtors said the bill poses a grave risk, and a repealer section Kleis (R-St. Cloud), expands the scope of requires sellers to disclose material facts that eliminates a provision that required the DNA collection law to include persons about any adverse physical conditions of all categories of JUA coverage to be who have been convicted of a felony. the property, an improvement over the reauthorized by the commissioner of Currently, most of the crimes for which current situation where realtors are liable commerce every two years. The bill was DNA samples must be collected are for property defects that owners hide. recommended to pass and be placed on the violent crimes against the person. The bill David McGee said that because of recent Consent Calendar. expands the law to include requiring court decisions, disclosure rules in Minne- Scheid also carried the Department of samples from persons convicted of non- sota have become confused. “This bill Commerce housekeeping bill, S.F. 3024. violent crimes. Kleis said the expanded brings clarity to the law, promotes the Department of Commerce official Mary collection of DNA samples provides for exchange of information, and gives buyers Lippert said that included in the mostly more cost-effective use of resources, speeds basic information about the physical technical sections in the bill are provisions apprehension of some offenders and condition of the home,” said McGee. that regulate continuing education exonerates the innocent. Sen. Bob Lessard (IND-Int’l. Falls) requirements for real estate appraisers and Originally, the bill required DNA said the disclosure requirements were licensees and allow interstate reciprocity sample collection from anyone charged dangerous to sellers. “It’s like opening a for licensed cosmetologists. The bill was with a felony, even if the resulting Pandora’s Box,” he said. Sen. Deanna recommended to pass and sent to the floor. conviction was for a lower level crime. Weiner (DFL-Eagan) disagreed, saying the The last agenda item was the Depart- Sen. Don Betzold (DFL-Fridley) said the bill actually protects sellers by clearly ment of Commerce insurance technical expansion to persons charged, but not defining what must be disclosed. Sen. John bill, S.F. 3023, also carried by Scheid. An necessarily convicted of a felony, is very Marty (DFL-Roseville) proposed an amendment was adopted that details the expansive. Betzold offered an amendment, amendment that removes the fact the coverage limitations for breast reconstruc- which the panel adopted, to require the home was the site of a homicide or felony tion surgery and modifies language related samples of individuals convicted of a from provisions excluded from disclosure. to claims transactions to match provisions felony. His amendment was adopted, and the in the federal government’s Health The bill was approved and advanced effective date for the bill was changed to Insurance Portability and Accountability to the Finance Committee. Jan. 1, 2003. The bill was recommended to Act (HIPAA). The bill was recommended The committee also approved a bill pass and sent to the floor. to pass and sent to the floor. modifying the authority to set aside The omnibus banking bill was carried Lessard moved to reconsider S.F. disqualifications of human services license by Sen. James Metzen (DFL-South St. 1609, a bill that legalizes some fireworks in applicants. S.F. 2692, authored by Sen. Paul). Metzen said the bill essentially the state, but was defeated earlier by the Dallas Sams (DFL-Staples), modifies the provides “more disclosure, more informa- committee in a tie vote. The motion list of crimes for which individuals are tion, and more consumer protection.” passed. Bill sponsor Sen. David Tomassoni disqualified from obtaining human Included in the bill, Metzen said, are (DFL-Chisholm) introduced an amend- services licenses and modifies the list of provisions that sharply curtail excessive or ment that further reduced the definition of crimes that disqualify individuals for 15 hidden prepayment penalties charged by legal fireworks to novelty items such as years unless the individuals apply for a set unscrupulous mortgage lenders and that sparklers. The amendment was accepted. aside. Sen. Linda Berglin (DFL-Mpls.) prevent lenders from adding any fees over Tomassoni said the bill merely puts offered an amendment reducing the list of 5 percent into the principal amount of a Minnesota on par with the vast majority of crimes for permanent disqualification and mortgage loan. Metzen added the bill other states with legalized fireworks. He adding to those that must be reviewed after requires the addition of a very striking added the fireworks that are proposed are 15 years. Berglin said the set aside process disclosure about prepayment penalties. the least dangerous in terms of injuries and has worked well and that the amendment Sen. Sandra Pappas (DFL-St. Paul) fire risk. Fire chiefs representative Bill attempts to strike a balance. The amend- noticed the violations section had been Strusinski said the proposed items are ment was adopted. Berglin offered an deleted, but Deputy Commerce Commis- hardly innocuous. “Fireworks cause more additional amendment providing for a sioner Kevin Murphy assured her the fires on the Fourth of July than all other review of the background study process department can enforce violations with causes combined,” Strusinski said. How- and the Vulnerable Adult Act to deter- fines up to $10,000 per day. The bill was ever, the bill was approved and re-referred mine the issues in need of policy review. recommended to pass and sent to the floor. to the Crime Prevention Committee. The amendment was also adopted. Scheid brought forth S.F. 3315, a bill Members approved the bill and that relates to the Joint Underwriters Crime Prevention advanced the measure to the full Senate. Association (JUA), the organization A bill providing a procedure for established by state law to provide medical DNA expansion okayed returning property seized by law enforce- malpractice insurance to health care Members of the Crime Prevention ment agencies sparked considerable providers unable to obtain medical Committee, chaired by Sen. Jane Ranum debate. S.F. 2926, authored by Sen. Grace malpractice insurance in the regular (DFL-Mpls.), met Fri., Mar. 1, and ap- Schwab (R-Albert Lea), originally market. Attorney Doug Franzen, represent- proved a bill requiring more individuals to required law enforcement agencies to ing the JUA, said the bill is comprised of provide DNA samples for future DNA return personal property seized under the two parts, a section that allows the JUA to analysis. forfeiture law if criminal charges are not
5 Committee update filed within 30 days. Schwab offered an Vickerman (DFL-Tracy), allows the language that the notice must include, amendment at the outset, which sets forth a Westbrook-Walnut Grove school district which outlines the risks associated with judicial procedure for an individual to to levy the remaining disabled access level diesel emissions. She said schools are follow in order to get property that had over the next five years. Vickerman said especially important targets for eliminating been seized returned. The amendment was the money is needed to pay for elevators, diesel emission because of the combina- adopted. and enable an expansion of a school tion of diesel powered buses and large Proponents of the measure argued that currently experiencing an influx of numbers of children. the bill is needed because personal immigrants. Pappas’ other measure, S.F. 2736, property may be seized and kept indefi- Sen. Douglas Johnson (DFL-Tower) makes numerous technical and clarifying nitely without criminal charges being presented a measure that adjusts the to CFL policies. The bill, which is based filed. Opponents, however, said investiga- referendum transfer for the Duluth school on recommendations of the department, tions may last for a period of years and it is district. He said the bill makes technical was amended into the division’s larger not always possible to determine if the changes that will permit Duluth to receive policy bill. property is needed as evidence until the the appropriation the Legislature intended investigation is completed. Members the school to get last year. The bill was Statewide insurance pondered attempted to amend the bill in order to also laid over for consideration in a larger The E-12 Education Budget Division address concerns raised by prosecutors and bill. convened Wed., Mar. 6, to weigh a gamut law enforcement officials, but time Sen. Steve Kelley (DFL-Hopkins) of policy and funding policy options constraints prevented the completion of brought two bills before the committee. offered to the members. Measures ad- work on the bill. Schwab withdrew the bill The first, S.F. 3106, requires the Dept. of dressed by the group included a bill that in order to continue work on the issue over Children, Families and Learning (CFL) to establishes a statewide insurance pool for the interim. design and use a uniform application form school employees and measures permitting for E-12 teachers, which must be used by charter and private school students to join E-12 Education Budget every school district. Kelley said the cost public school sports teams. of designing the form is greatly outweighed The statewide insurance bill creates a Division by the savings of administration costs. The school employee insurance plan provided division laid the bill over. Levies, funding bills heard through the public employees insurance Kelley’s second bill, S.F. 2745, program. The measure specifies that a The E-12 Education Budget Division broadens the uses of health and safety labor-management board with representa- met Mon., Mar. 4, and considered several program levies to cover student and staff tives from participating school districts levy and funding related measures. Sen. safety costs. He said the cost of having governs the plan and determines its LeRoy Stumpf (DFL-Thief River Falls) police liaison officers in schools often structure, benefits and premiums. chaired the division. exceeds the levy amounts allowed for The group heard three bills authoriz- crime prevent purposes. He said most Sen. LeRoy Stumpf (DFL-Thief River ing levies. The first, S.F. 3196, authored by school districts split the cost of police Falls) said the insurance program, by Sen. David Tomassoni (DFL-Chisholm), officers in the school with the city, but the amassing a large pool of all state employ- allows school districts to levy for em- price for officers in schools can be more ees, would help to stabilize rocketing ployer-paid health costs for retirees who than $16 million each year. The bill was insurance costs and minimize administra- retired prior to July 1, 1999, if the district held over for possible inclusion in a levy tion fees. He said the University of had this benefit in their collective bill. Minnesota, which recently created its own bargaining agreement as of Mar. 30, 1999. Sen. Thomas Neuville (R-Northfield) insurance pool, has reduced costs using a The bill changes the eligible retirement brought forth S.F. 3142, which makes similar strategy. He said currently many date from July 1, 1992 to July 1, 1999. The changes in the way transactions are made school districts allow younger teachers to bill, and the other levy bills, were laid between the Minnesota State Academies cash out of insurance plans in exchange for over for consideration in an omnibus levy for the Blind and Deaf and the general payment of about $300 a month. The bill. fund. The formula modifications, he said, result, he said, is that the average age of The second levy bill, S.F. 2983, are needed to bring the academies into covered employees and premiums are sponsored by Sen. Lawrence Pogemiller compliance with law. The bill incorpo- bumped up. (DFL-Mpls.), extends the use of a levy rates changes recommended by the state Lee Johansen, representing Education provided to school districts involved in auditor. The bill, which was laid over, will Minnesota, said school districts spend Technology and Information Education be considered for inclusion in a broader about $400 million on insurance each year Services (TIES), a joint powers organiza- budget measure. and the cost is rising 16 percent annually. tion. The bill permits individual school Sen. Sandra Pappas (DFL-St. Paul) He said if first-year teacher salaries were districts to levy to cover the cost of TIES’s presented a pair of measures to the panel. increased proportionally to the booming new location in St. Paul, Pogemiller said. S.F. 2737, which was laid over, requires cost in insurance, in 5 years a starting The measure, he said, allows schools to each school district to provide notice to yearly salary would be $60,449. “To do prevent diverting money from classrooms parents about the risks of diesel fuel nothing about the cost of insurance,” he to pay for the new building. emissions and the actions that have been said, “is to allow runaway insurance The third levy bill heard by the taken to protect school children from premiums to create havoc for local school division, S.F. 2946, offered by Sen. Jim exposure. The bill contains the exact districts.”
6 Carolyn Jones said the state insurance Sen. Kenric Scheevel (R-Preston) against kids and deny them opportunities plan premiums are typically $3,000 or offered an amendment that he said builds because of choices their parents made $4,000 more expensive than private plans. on the state employees current insurance about where to send them to school.” Lee Warren, representing the Minnesota program. The amendment requires all Roger Arnst, from the Minnesota State Service Co-op, which administers a large employees covered by the public em- High School League, said, “The bill asks pool of school employees for insurance ployee insurance program to be placed in a public schools to subsidize activities of purposes, said Stumpf’s bill does nothing single pool for purposes of coverage and charter and non-public school students.” to address the driving forces behind premiums. Warren said 20 school districts Meeks said the bill cuts opportunities for insurance costs, such as growing prescrip- participate in the public employee public school students, who will lose their tion drug use and increases in utilization insurance program, which he estimates places on teams to private and charter have 5 percent administration costs, while school students. rates. “What we need is a fair, competitive 300 school districts choose to be part of Steve Olinger, a hockey coach whose bidding procedure,” he said. The bill does the service co-op’s pool, which has 2 son, a private school student, was recently not include a process for bids for coverage. percent administration costs. kicked off a public high school basketball Bob Meeks, representing the School The division added Scheevel’s team, said, “Students who want to play Board Association, said, “Let’s look across provision to Stumpf’s bill, then moved the sports in districts where their parents pay the board for solutions. People say we are bill to the Education Committee without taxes should get to try out for the team. We going to lose teachers if we don’t give recommendation. should serve all kids fairly no matter where them insurance, but they also say we are Sen. Gen Olson (R-Minnetrista) they go to school.” He said home-schooled going to lose teachers if we don’t increase offered two bills that allow students to students already have the privilege of salaries. What should we do if we can only participate in public school sports. S.F. playing public school sports. spend a dollar once?” 2167 permits private school students to Senators Sandra Pappas (DFL-St. Sen. Martha Robertson (R- play sports in the public schools in their Paul) and Jane Ranum (DFL-Mpls.) both Minnetonka) said it is difficult to consider resident district. S.F. 2912 extends the said they were concerned about the cost of the budget ramifications of the insurance same privilege to charter school students. accepting non-public school students into changes because there was no fiscal “The bill is, quite simply, about equality,” sports programs. “The cost will be more information available on the bill. she said. “Schools can’t discriminate than you might think,” Ranum said. Olson
Senate Education Committee members vote on an amendment to a bill by a show of hands during one of their last meetings prior to the second deadline for committee action. Photo by David J. Oakes
7 Committee update offered an amendment that gave schools measure that requires the Minnesota manage draining systems for growing authority to levy for the additional costs, Pollution Control Agency (MPCA) to areas.” but withdrew the amendment. She said encourage citizen monitoring of lakes, Under the bill, drainage authorities charter and non-public school students rivers and streams. must petition the DNR for permission to would have to pay for the cost of partici- Krentz said that of the state’s 92,000 drain system projects that affect public pating. The committee voted against both miles of streams, only 5 percent have been waters. Sen. Charles Berg (R-Chokio) said bills. tested for water quality. Only 15 percent of the bill’s requirement that the DNR be The committee amended four bills the state’s 15,000 lakes have known water consulted before repairs are made to into the omnibus E-12 policy bill. S.F. qualities, she said. By promoting programs ditches hurts farmers. “If farmers have to go 2747, authored by Sen. Ann Rest (DFL- that enable citizens to collect water quality to the DNR every time they repair a ditch, New Hope), allows intermediate school samples from lakes, rivers and streams in there will be tremendous crop loss while districts to use tax anticipation certificates their communities, she said, the MPCA they wait for the DNR to do something.” in the same way school districts are could find out the conditions of the state’s Sen. Dennis Frederickson (R-New Ulm) currently. She said in tight budget times water without the expense of traveling said farmers often need to make emergency the additional flexibility would help across the state to test waters. repairs to ditches to prevent their crops intermediate school districts solve minor Under her bill, S.F. 2932, the MPCA from being flooded. “Asking farmers to cash flow problems. Sen. Jane Krentz (DFL- facilitates citizens’ efforts to test water by petition the DNR is like telling store May Township) said, “After cuts after cuts providing technical assistance, integrating owners to petition the fire marshall when after cuts, we should a least give intermedi- citizen monitoring data into water assess- there is a fire in the back of the store,” he ate districts the flexibility that help them ments and programs and by seeking said. get through this.” financial support for citizen water monitor- Lokkesmoe said the DNR does not Sen. Claire Robling (R-Prior Lake) ing programs. need to review most repairs made to sponsored S.F. 3014, the second bill “People who live by water want to ditches, because their impact on public amended into the policy bill. The bill help improve its quality,” Krentz said. “We waters is small. On the other hand, he said, makes minor technical changes to the at- have a treasure and we need to protect it,” the DNR is concerned about repairs to home infant care program. she said. very old ditches that require major work. Sen. Julie Sabo (DFL-Mpls) offered Senators Jim Vickerman (DFL-Tracy) The committee amended the bill to the third bill added to the policy measure. and Pat Pariseau (R-Farmington) said they eliminate the requirement that repairs to S.F. 2519, which has no fiscal impact, worried that citizens might taint the water ditches need DNR approval. The members requires school boards to adopt policies on samples in order to influence MPCA re-referred the bill to the Tax Committee. student-on-student sexual abuse. policy. For example, Vickerman said, a The committee also approved S.F. The final bill amended into the group trying to clean up a river might put 2738, authored by Sen. Leonard Price policy measure was offered by Sen. Warren more polluted water in the sample to (DFL-Woodbury). The bill makes several Limmer (R-Maple Grove). His S.F. 2982 convince the MPCA to do something for technical and clarifying changes to DNR repeals the requirement that a school year their water. Krentz said that water samples fiscal policy. Price said the changes are include at least three additional days of would be collected several times over a needed to bring the law into agreement student instruction or staff development span of time and irregularities would with current practices. The bill was re- beyond the number of days formally appear if people were tainting samples. referred to the Finance Committee. adopted for the 1996-1997 school year. She also said the MPCA would conduct its Limmer said the bill removes an unfunded own tests before making any major Environment and mandate. decisions. The purpose for the citizen The members laid over S.F. 3249, sampling, she said, was not to determine Agriculture Budget Division authored by Sen. Chuck Fowler (DFL- policy, but to give the agency a clearer Fairmont). The measure increases the picture of the condition of the state’s WIF changes okayed equalizing factor in the debt service waters, which is currently unknown. Members of the Environment and equalization program for the Lake Crystal The committee okayed the bill and Agriculture Budget Division, chaired by school district. He said the additional forwarded the measure to the full Senate. Sen. Leonard Price (DFL-Woodbury), met funding is needed to pay for repairs to a The committee also heard S.F. 1811, Mon., Mar. 4, to discuss several bills, building that is almost 100 years old, but sponsored by Sen. Mark Ourada (R- including a bill that changes several has not been repaired for over 30 years. Buffalo), which outlines the jurisdictions provisions in the Wastewater Infrastructure held by municipalities over drainage Funding program (WIF). Sen. Dennis Environment and Natural ditches. Under the bill, authority over Frederickson (R-New Ulm) carried S.F. drainage ditches may be transferred from 3177, a bill that establishes a wastewater Resources counties to water management authorities, infrastructure fund, creates a priority list such as cities and watershed districts. for WIF projects, and changes WIF Citizen water monitoring approved Ourada said the bill is needed to clarify assistance for non-rural development Committee Chair Jane Krentz (DFL- the procedures for dealing with drainage programs from grants to interest free loans. May Township) presented to the Environ- ditches in areas that are no longer rural. Frederickson said the bill changes the basis ment and Natural Resources Committee, Kent Lokkesmoe from the Dept. of Natural of WIF assistance from a formula based on when the group met Thurs., Feb. 28, a Resources (DNR) said, “The bill helps median income to a calculation based on
8 the assessed property value. Minnesota balance falls below a certain point. The leased space in DNR buildings appropri- Public Facilities Director Terry Kuhlman bill was recommended to pass and sent to ately for building maintenance, establish- said the change to assessed property values the Finance Committee. ing grant authority for aquatic plant is the result of the availability of more Sen. Jane Krentz (DFL-May Town- restoration, and amending the 2001 accurate real estate data rather than ship) carried S.F. 2674, the Department of appropriation bill to redirect park acquisi- outdated census information. Kuhlman Natural Resources (DNR) game and fish tion funds to the general state park added only five cities are affected by the bill. Provisions include creating a lottery operations budget. An amendment, related change. Areas with rapid growth will be hunt for prairie chickens and modifying to allocations for the Big Bog and Red eliminated from consideration for sewer turtle sellers licensing requirements. Price River Recreation Areas, was adopted. The improvements, he said, because in those said he wished to delete the prairie bill was recommended to pass and sent to cases, developers should absorb those costs. chicken hunt because the state would lose the Finance Committee. Price also spoke The bill was recommended to pass and re- money on something with limited value. on behalf of S.F. 3352, a bill that incorpo- referred to the Finance Committee. DNR official Tim Bremicker said the rates new drycleaning solvent definitions A bill that designates 102,315 acres of department was willing to take the loss of into law to ensure all drycleaners can consolidated conservation lands as the prairie chicken hunt and thought many participate in the drycleaner clean-up wildlife management areas was carried by Minnesotans would enjoy the opportunity. fund. A representative from the Minnesota Sen. Roger D. Moe (DFL-Erskine). A compromise was reached when Sen. Cleaners Association said there is a need to Included in the bill, Moe said, are provi- Douglas Johnson (DFL-Tower) moved to include users of the previously undefined sions that establish deer hunting and all- raise the application fee for the prairie solvents in the current registration and fee terrain vehicle (ATV) operating times. chicken hunt from $3 to $4, thus covering structure to keep the fund successful. The Moe said payments-in-lieu-of-tax will the costs of the program. The motion was bill was approved and re-referred to the increase for 4 counties from $.44 per acre adopted. Johnson proposed an amendment Finance Committee. to $3.54 per acre for the lands. The total that makes it illegal to shine artificial Sen. LeRoy Stumpf (DFL-Thief River estimated cost to the state is $344,000 in lights for hunting purposes near land Falls) carried S.F. 3010, a bill that FY 04, he said. Amendments relating to containing cattle that is marked with signs appropriates money for maintenance, payment distribution within counties and prohibiting the shining of lights. The monitoring and enforcement related to ATV use were adopted. The bill was amendment was adopted. Johnson also recommended to pass and sent to the offered an amendment that prohibits recreational motor vehicle use. An Finance Committee. motorized duck decoys on lakes. amendment was adopted that increases the S.F. 2594 is a bill that creates energy Bremicker said 30 to 40 percent of hunters amount appropriated from three accounts for rural citizens, according to bill author, use the motorized decoys and many feel in the DNR’s natural resources fund to Sen. Dan Stevens (R-Mora). The bill they are effective. The amendment was $900,000. DNR officials explained the consolidates three programs–a sustainable adopted. Three Krentz amendments were money is to hire more maintenance agriculture loan program, a methane adopted, one excluding certain birds from workers who would also serve a role in digester program, and a revolving fund– language to avoid conflict with federal enforcement. Price said he was unsure how within the Department of Agriculture. statutes and two others regulating the use maintenance workers would adequately be Stevens said the programs require no new of pesticides to control aquatic plant able to serve both roles. DNR officials said funding. The bill was recommended to growth. Sen. Charles Berg (R-Chokio) the idea was to increase the visibility of pass and sent to the Finance Committee. proposed an amendment that allows a employees on the trails to deter illegal Sen. Anthony “Tony” Kinkel (DFL- turtle seller’s licensee to transfer a turtle activity. Krentz and Price offered amend- Park Rapids) sponsored S.F. 2933, a bill seller’s license to a turtle seller’s appren- ments that increases the total appropria- that allows manufacturers to install certain tice. DNR representatives estimated there tion from the natural resources fund to individual sewage treatment systems with were only 10 turtle sellers in the state who $1.215 million to hire additional staff appropriate documentation and requires have apprentices. The amendment was exclusively for enforcement activity. The manufacturers to reimburse the Pollution withdrawn. Berg proposed another bill was recommended to pass and sent to Control Agency (MPCA) for review amendment that allows hunters hired in a the Finance Committee. services for the submitted documentation. deer management control plan to use Kinkel said the cost to MPCA for review firearm silencers. DNR representatives said Health, Human Services and services is about $4,000. The bill was silencers are currently totally prohibited in recommended to pass and sent to the Minnesota for any reason and the use of Corrections Budget Division Finance Committee. silencers may cause a safety hazard because Small business owners who removed people won’t avoid areas targeted for deer MFIP moratorium discussed tanks and missed the deadlines for culling because of gunshots. Berg withdrew Members of the Health, Human petrofund reimbursement are now eligible the amendment. The bill was approved as Services and Corrections Budget Division, to receive those funds under a bill carried amended and sent to the Finance Commit- chaired by Sen. Linda Berglin (DFL- by Sen. David Tomassoni (DFL- tee. Mpls.), met Wed., Feb. 6, to hear a bill Chisholm). Petrofund representative James The DNR policy bill, S.F. 2738, was establishing a moratorium on the 60- Pearson said the provision in S.F. 3054 is carried by Price. DNR official Peggy month time limit for eligibility to receive paid for by a fee paid by the petroleum Adelmann explained the provisions in the Minnesota Family Investment Plan (MFIP) industry that “blinks-on” any time the fund bill, which include crediting funds from assistance.
9 Committee update S.F. 2918, carried by Berglin, also reduced since September. Now is not the not another hospital in the area where the expands those eligible to receive hardship time to eliminate their assistance, she said. patient can stay. He also said the bill helps extensions to include individuals desig- The contents of the bill were ap- the hospital meet its monetary needs. nated as hard to employ because they are proved–along with a provision specifying “If this is adjusted they no longer will victims of family violence and are that the moratorium applies only to have to worry from day to day if they can participating in an alternative employ- participants who are not in sanction status pay the bills,” he said. Berglin said there ment plan. The bill also expands those in their 60th month of receiving assis- was no money available to make the eligible to receive hardship extensions to tance–and amended into S.F. 3099, the adjustment. No action was taken on the individuals who are employed if they division’s omnibus bill. bill. belong to an assistance unit, work less than Sen. John Hottinger (DFL-Mankato) S.F. 2622 was carried by Kiscaden. 30 hours per week and are limited in the presented S.F. 2669. The bill, also called The bill creates a volunteer health care number of hours they may work because of the Minnesota Emergency Health Powers provider program under the Department of an illness or disability. The measure gives Act, arose because of and is designed to Health to facilitate the provision of health the extension to individuals receiving deal with potential bioterrorism concerns. care services on a volunteer basis through Temporary Assistance to Needy Families The measure clarifies the process and eligible health care facilities and organiza- (TANF) funds under certain conditions as outlines the criteria for declaring a public tions. The bill also specifies that a health well. health emergency and provides a list of the care provider who furnishes free health Jennifer Scone, from the East Subur- powers and duties of the governor in a care services under the program is an ban Resource Center in Stillwater, testified declared emergency. employee of the state for tort liability in support of the bill. She said the center, The committee adopted an amend- purposes. which provides employment services ment to eliminate the biological agents According to Kiscaden, the bill comes mainly to mothers in their mid 20s, has registry from the bill. The registry was to from a request by those in the provider been able to place only one individual record all individuals and entities in the community so they don’t feel at risk when into a job since the terrorist attacks in state that possess or maintain a biological volunteering their services. She said the September. She also said she has discov- agent that is required to be reported. In Attorney General’s Office will defend any ered that many businesses do not have order to reduce expenditures, the commit- suits brought forward. As for the fiscal openings for employment now. As an tee also voted to eliminate funding for implications of the bill, Kiscaden said the example, she said one company that had terrorism preparedness. The bill was office is unlikely to incur any costs in the nearly 120 job openings several months approved and referred to the Finance next biennium, so she suggested not ago now has under 20. It is difficult, she Committee. funding the program directly. Instead, she said, for people to find jobs in the current Sen. Sheila Kiscaden (R-Rochester) said the office should request supplemen- environment. carried S.F. 3155, which allows dentists, tal funding if the need arises. Berglin said she believes the Stillwater dental hygienists or dental assistants Chris Messerly, from the Minnesota center is representative of conditions currently practicing in North Dakota, Trial Lawyers Association, spoke in throughout the state. The center is working South Dakota, Iowa or Wisconsin to opposition to the bill. He said the bill with clients who are employable, she said, obtain guest licensure or registration for deprives people of their rights. He said the but employment opportunities are practice in Minnesota. The bill requires measure limits damages that may be dwindling. those granted a guest license or registration awarded because there is a cap on the “This is a sample of a large group of to practice in a public health setting amount state employees may be liable for. people who are waiting to work, but work established by a nonprofit organization Messerly also said the bill creates special is not available for them,” she said. designed to provide dental care to those treatment for a certain group of profession- Sen. Dan Stevens (R-Mora) said the who have difficulty accessing dental care. als. If health care providers are awarded economy was suffering before Sept. 11 and The measure also requires those obtaining state employee status for volunteer work, that economies go into recession, but also guest status to practice in a single, specific he said, other professional organizations recover. Stevens also said the 60-month location. Kiscaden offered an amendment will want the same status when they time limit to receive assistance didn’t that appropriates $3,000 to the Board of perform volunteer services too. appear unexpectedly; people have known Dentistry for implementation. The Ken Peterson, from the Office of the it was approaching for a long time. He said amendment was adopted. The bill was Attorney General, also spoke against the a moratorium can’t be fully funded, and approved and referred to the Finance bill. He said he agrees with its objective, the time limit must be implemented. Committee. but opposes its present form. There are cost “I think some people didn’t believe Sen. Steve Murphy (DFL-Red Wing) concerns, he said, and the bill assumes there would be this time limit and that it authored S.F. 2840. The bill establishes a away all possible problems by relying on would be enforced,” he said. new payment rate for a long-term polio no lawsuits to be brought forward. He said Berglin said many individuals have patient at a hospital in Zumbrota. The that is not a responsible way to budget. been receiving MFIP assistance while measure specifies that the new rate is equal Kiscaden said there is not a lot of risk working at the same time, but have so far to 300 percent of the statewide average involved in running a volunteer clinic. been unable to leave the program because nursing facility rate for case-mix level K. There are no surgeries performed, no their jobs don’t pay enough. She said many According to testimony, the patient is detailed diagnostic work, she said, and the in areas such as the hospitality industry wheelchair bound and has lived at the most complicated cases will be referred have lost their jobs or had their hours hospital for 45 years. Murphy said there is elsewhere. She said the Rochester Salva-
10 tion Army simply sets up a clinic in a children’s mental health residential nomic Development, when the group normal office with very little technology. treatment services provided in Iowa, North assembled Fri., Mar. 1. She also said a similar program in Florida, Dakota, South Dakota and Wisconsin. The The elimination of the two depart- with over 6,000 participants, has had no bill was approved and referred to the ments and the creation of a new Dept. of claims paid since its existence. Finance Committee. Workforce and Economic Development “How much risk is there really? I really Sen. Dallas Sams (DFL-Staples) (DWED), as outlined in the measure, don’t see that as high risk,” she said. presented S.F. 3119, which enables provide for more strategic workforce and Kiscaden offered an amendment that individuals in Minnesota’s bordering states business policy by unifying all related establishes the program under the adminis- to receive appropriate treatment in efforts under a single department, said trative services unit of the Health Related Minnesota and individuals in Minnesota Committee Chair Ellen Anderson (DFL-St. Licensing Board instead of the Health to receive appropriate care across state Paul), author of S.F. 3072. Under the Department. The amendment is designed lines in qualified facilities that are closer to shift the burden of administration of the to their homes than are facilities available measure, the reorganization takes effect program from the Department of Health in their home state. The bill also restricts July 1, 2003. and to save costs involved in starting the prior authorization requirements for The bill also establishes the Minne- program. The amendment was adopted. certain drugs. The contents of the bill were sota Economic and Leadership Team The bill was approved and referred to the approved and amended into S.F. 3099. (MELT), a 17-member body that develops Finance Committee. S.F. 2811 was carried by Kiscaden. and updates a vision of the state’s economy Berglin authored S.F. 3397, which The bill creates a donated dental services through review of regional economic data, provides up to $1.4 million in FY 2003 to program. Under the bill, the program must monitoring of workforce trends and the Veterans Nursing Homes Board for establish a network of volunteer dentists, development of performance targets. S.F. deficiency funding. According to the bill, establish a system to refer eligible indi- 3072 specifies that MELT participants, the money for the appropriation comes viduals to the appropriate dentists and appointed by the governor with approval from the general fund, the capital asset develop and implement a public aware- by the Senate, include members of preservation and replacement fund ness program campaign to educate eligible statewide business groups, educational (CAPRA) and any additional payments individuals about the program. Kiscaden institutions, labor unions, nonprofit from contractors in 2003 to settle legal offered an amendment that appropriates organizations, regional leadership and issues regarding mold damage. $75,000 from the state government special Steve Busser, with the Veterans Homes revenue fund to the Board of Dentistry to under-represented communities. Nursing Board, spoke in support of the implement the program. The bill was Several testifiers voiced concerns bill. He said the money is needed to approved and referred to the Finance about the interference of the state in maintain beds and staffing. Committee. private sector economy. “When have we Heidi Myers, with the Minnesota Berglin carried S.F. 3099, which is to ever seen a need for the government to run Department of Administration, spoke become the division’s omnibus bill. The the economy,” asked David Thompson against the appropriation. She said the bill makes a number of changes affecting from the Maple River Education Coali- department didn’t think it was appropriate mental health programs, pre-admission tion. “We are creating a board that to use money from CAPRA for the screening, the personal care assistant oversees much of what goes on in the state deficiency appropriation. Berglin offered program, alternative care, the elderly and oversees what used to be exclusively an amendment to change the appropria- waiver, the region 10 quality assurance in the domain of private business. The tion from up to $1.4 million to up to project and the nursing facility planned economy and workforce have done $900,000. The amendment was adopted. closure rate adjustment. A number of extremely well in this state and they have The bill was approved and referred to the technical amendments were added to the done so without MELT,” he said. Finance Committee. measure, and the bill was approved and “MELT assembles people in leader- Sen. Dan Stevens (R-Mora) carried referred to the Finance Committee. ship positions to attend to marketplace S.F. 2569, which specifies that refunds or Members also approved a list of needs and to represent to the government rebates of federal sales taxes may not be budget adjustments to H.F. 351, the 2002- considered a means of support regarding 03 budget bill, as well as several fiscal note what is happening in the market place, not eligibility requirements for admission to adjustments. The adjustments were determine it,” said Rebecca Yanisch, the Minnesota Veterans Nursing Homes. amended into S.F. 3099. DTED commissioner. Current law specifies only refunds or Sen. Michele Bachmann (R- rebates of state sales taxes may not be Jobs, Housing and Stillwater) said the bill seems to do a lot considered a means of support. Stevens more than create a merely advisory also amended the bill to include only Economic Development position for MELT. She said MELT writes “rebates,” and not “refunds.” The amend- goals for the state’s economy and has ment was adopted. The bill was approved DTED, DES merger okayed authority over policy implementation. and referred to the Finance Committee. A bill that abolishes the Dept. of “The reorganization bill includes no Sen. Jim Vickerman (DFL-Tracy) Trade and Economic Development transfer of legislative or gubernatorial authored S.F. 2793. The bill requires the (DTED) and the Dept. of Economic power,” said Morrie Anderson, chair of the development of a plan to allow Medical Security (DES) was approved by the transition team, whose recommendations Assistance (MA) to reimburse counties for Committee on Jobs, Housing and Eco- are the basis for the reorganization. MELT,
11 Committee update he said, has only a limited advisory role department exclusively for economic and amendment, recommended by Yanisch, and may not allot funding. workforce development, she said. requires the DWED commissioner to form Many members of the state’s blind Charlene Childrey, a careers instructor a charter with the assistant commissioner of community expressed apprehension over with BLIND, Inc., said people who are SSB and the Rehabilitation Advisory the bill’s reorganization of the State blind need much more than job skills. For Council. Services for the Blind (SSB). The measure example, she said, she had worked with a The fourth amendment, which the places SSB under the authority of the blind man who wanted to be able to tie committee adopted, states that the charter DWED. fishing lures so he could teach his grand- must institute a clearly defined mission, Shelly Nelson, member of the children how to fish. four-year strategic plan, set of key perfor- Rehabilitation Council for the Blind, said, The committee considered four mance indicators and an annual operating “We need more autonomy. Services for amendments addressing SSB’s relocation. plan. Members amended the amendment blind people are very unique and different The first placed the SSB under the Dept. of to require the charter negotiations to from those for other disabled people.” She Administration. The second required the include substantial input from blind and said currently 75 percent of funding for Rehabilitation Advisory Council to hold visually handicapped individuals. blind programming is spent on 25 percent public meetings and submit a proposal Under the amendment, SSB must of blind services. Funding priorities, she about SSB’s reorganization to the Legisla- operate autonomously as a division of said, are given to job programs even ture. DWED under management of an assistant though the majority of SSB clients are An 11-member council to advise the commissioner but subject to the authority retired, elderly people. The present focus deputy commissioner of SSB, under the of the DWED commissioner. The commit- on employment programs will only be DWED, on the divisions policies is created tee referred the bill to the Finance exaggerated by the SSB’s relocation to a by the third amendment. The final Committee.
“The Clothesline Project,” a memorial to women and children who die each year from domestic violence and child abuse in Minnesota, was displayed in the Great Hall of the Capitol Fri., Mar. 1, as part of Action Day to End Violence Against Women. Photo by Shelley Hawes
12 Judiciary She said employees might be put in a Responding, Dille said many times situation where they can’t succeed or they nonprofits do work that government Employer liability discussed might make an error because there is a homes do. He said it is appropriate for Members of the Judiciary Committee, shortage of staff, too much work or the nonprofits to be able to receive the same chaired by Sen. John Marty (DFL- employer uses bad judgement. She doesn’t liability coverage as government institu- Roseville), met Thurs., Feb. 28, to discuss want, she said, employees to be punished tions. Kiscaden agreed saying it seemed a bill granting liability immunity to in such cases. logical for nonprofits to receive the same certain health care providers when Joel Carlson, from the Minnesota liability as government institutions. providing employee reference checks to Trial Lawyers Association, said the phrase Carlson said nonprofit institutions prospective employers. “illegal conduct” should remain in the bill don’t serve only county referrals. He said S.F. 3085, carried by Sen. John in order for employers to know what may that although they have many such Hottinger (DFL-Mankato), allows disclos- be divulged. He also said that illegal referrals, they shouldn’t be extended the ing to a prospective employer, without conduct includes vulnerable people being same coverage just because they perform liability concerns, information regarding a placed at risk in violation of rules. The some of the same services as government current or former employee dealing with rules, he said, cover such cases. Hottinger institutions. O’Fallon again said the bill the dates of employment, compensation also said that under the Vulnerable Adults reduces the remedies that injured people and wage history, job description and Act, the example given by Kiscaden– have, and asked why they should have duties, training and education received although not rising to the level of a their remedies limited, especially when it and all acts of violence, theft, harassment, criminal offense–is illegal. Kiscaden is unknown whether the nonprofits will or illegal conduct of the employee withdrew her amendment. The bill was receive any benefit from it. documented in the personnel record that approved and sent to the Senate floor. Kiscaden said that the majority of resulted in disciplinary action or resigna- Sen. Steve Dille (R-Dassel) authored those at any institution are on Medical tion. Hottinger said the bill facilitates the S.F. 1653. The bill gives nonprofit Assistance (MA). In the case of an injury exchange of information between an corporations that provide services to those to those individuals, she said, Medical employer and a potential employer. Jeffrey with mental retardation or related condi- Assistance pays for it anyway. Also, she Bangsberg, from the Minnesota Home Care tions the same liability limits as received said the bill is for injuries that occur in the Association, said the bill gives more by municipalities. In effect, the bill limits proper running of a facility, and does not comfort to employers when providing the amount for which a nonprofit corpora- deal with injuries due to negligence. The employee references. Many employers tion is liable, although the bill does not bill, she said, doesn’t absolve the provider won’t give much relevant information, he apply if the conduct was intentional or the if proper care is not being given. The bill said, for fear of being sued. result of gross negligence. was not approved. Sen. Sheila Kiscaden (R-Rochester), Dille said in the last several years, S.F. 1443, carried by Sen. Deanna said she was concerned with the phrase various providers have experienced Wiener (DFL-Eagan), specifies that a “illegal conduct” used in the bill. She said insurance rate increases of between 25 and swimming pool at a family day care or there are other kinds of conduct that might 250 percent, despite no history of claims. group family day care home is not consid- not necessarily by illegal, but that prospec- Dille said the bill is designed to control ered a public pool and is exempt from the tive employers might want to know about. the cost of liability insurance and to requirements for public pools in current She offered an amendment to strike the decrease the cost of providing services for law. The bill also lists 21 requirements a word “illegal” and to instead allow nonprofits. Mary Regan, executive provider must meet before allowing employers to disclose conduct that placed director of the Minnesota Council of children to use the pool. The measure also patients or residents at risk. Child Caring Agencies, said insurance provides immunity for municipalities Hottinger said that although he did rates are increasing and policies are unless there was knowledge of the not necessarily oppose the amendment, any conduct other than “illegal” may be difficult to obtain. provider’s failure to meet licensing difficult to define for law. Illegal conduct, “Everyone is struggling with trying to standards that resulted in a dangerous he said, has a context with boundaries that find insurance coverage,” she said. condition. can be defined. He said other kinds of Carlson, testifying again, said there are Elaine Greer, a child care provider conduct are more open to subjectivity. no indications the bill will reduce liability from Eagan, testified in support of the bill. Kiscaden gave an example she had and insurance rates. Daniel O’Fallon, also She said she’s been using a pool for 25 heard in which a residential group home from the Minnesota Trial Lawyers Associa- years, but 2 years ago was told to stop using employee who left a van full of residents tion, said the bill hurts vulnerable people. it by the county because it was classified as in the parking lot of a store while leaving Passing the bill, he said, will prevent the a public pool. She said her clients support to shop. She said that conduct wasn’t injured from receiving compensation for her being able to use it. illegal, but it placed the residents at risk. A their loss, and will put the burden instead Sen. Thomas Neuville (R-Northfield) prospective employer, she said, might want on their families and eventually on the said the bill creates liability by including to know about such an incident if a government. He said the bill gives 21 requirements–such as a diving prohibi- potential employee is applying for a job as institutions a price cut, but prevents tion and a “rough play” and “pushing” a driver. injured people and their families from prohibition. Sen. Jane Ranum (DFL-Mpls.) said recovering appropriate damages. He also Kiscaden said some of the require- there may be times when an employee is said the bill won’t have a great effect on ments are specifically stated to be for day not totally at fault for making a mistake. reducing costs. care while others do not, creating a
13 Committee update standard for day care time and non-day for licensure to the Board of Dentistry. The court must consider in such proceedings. care time. She offered an amendment bill also provides immunity to those who The bill was approved and sent to the specifying that of the 21 requirements, report or cooperate with the board. The Senate floor. those dealing with the presence of a care bill was approved and sent to the Senate giver trained in first aid, the pH content of floor. Rules and Administration the water, diving, rough play, a safety rope S.F. 2540 was authored by Betzold. dividing the deep and shallow ends and The bill makes various changes to probate Campaign reform bill okayed water temperature only apply during day property succession, power of appointment Members of the Rules and Adminis- care hours of operation and are not and trust provisions in current law. The tration Subcommittee on Elections met required at other times. Neuville asked bill was approved and sent to the Senate why the amendment limits the require- floor. Mon., Mar. 4, to consider two bills related ments that don’t apply to times outside of Sen. David Knutson (R-Burnsville) to campaign finance reform. Both bills daycare operation. Kiscaden said other presented S.F. 3380, which deals with were carried by Sen. John Hottinger (DFL- requirements are health-related but that marital agreements. The bill specifies that Mankato), subcommittee chair. the pool must be managed all the time to a postnuptial contract is presumed to be The Campaign Finance and Public prevent diseases. The amendment was unenforceable if either party commences Disclosure Board (CFPDB) made several adopted. an action for a legal separation or dissolu- recommendations to the Legislature for Sen. Dan Betzold (DFL-Fridley) tion within two years of the date of its reforms in the campaign finance regulation offered an amendment to prevent any execution, unless the spouse seeking to system. According to board chair Doug “person” who has an open wound or is enforce the contract can establish that the Kelley, Legislators asked the board for suspected of having a communicable agreement is fair and equitable. The bill suggestions several years ago. S.F. 3384 is a disease from entering the pool as opposed was approved and sent to the Senate floor. laundry list of the noncontroversial to any “child.” He said for health purpose Knutson also carried S.F. 3373. The recommendations, he said. Executive all such people must be kept out, not just bill expands provisions in current law children. The amendment was adopted. requiring public employees and officers to Director of the CFPDB Jeanne Olson Neuville offered an amendment to report certain unlawful actions. The bill explained several of the provisions in the delete the requirements prohibiting specifies that it is not a violation to bill, including one section releasing diving, pushing and rough play in the provide data, including data classified as candidates from spending limits. She said swimming pool area. He said the previous not public, to the state auditor or to law the provision allows a candidate that requirement, which calls for having in enforcement, for law enforcement pur- fought a tough primary to be released from place and enforcing written safety rules poses. Betzold offered an amendment, spending limits for the general election, and swimming pool policies, deals with which was adopted, stating that private depending on the conduct of the that concern. He also said he doesn’t want personnel or confidential data on employ- candidate’s primary election opponent. to increase the liability of daycare provid- ees may be circulated to a law enforcement However, the candidate’s opponents in the ers. The amendment was adopted. The bill agency to report a crime by the employee general election can be released if the was approved and sent to the Senate floor. or to assist in the investigation of a crime candidate is released, Olson said. Candi- Wiener also carried S.F. 2827, which committed by an employee. The bill was provides for the registration of agents of approved and sent to he Senate floor. dates will still be eligible for public student athletes. The bill prohibits an Sen. David Johnson (DFL- subsidies, she said. individual from acting as an athlete’s agent Bloomington) offered S.F. 3286, which Sen. John Marty (DFL-Roseville) in Minnesota without being registered, deals with adoption and paternity actions. offered an amendment reinstating criminal provides standards and prohibited conduct The bill requires the registered putative penalties for some activities violating for an agent, prescribes the contents of an father to serve notice of a paternity action campaign finance law. Kelley and Olson agency contract and requires both the on the interested party who notified him of said the board has found that many agent and the athlete to give notice of the the adoption proceeding. The measure violations are not being prosecuted contract within 72 hours after signing or also specifies that no adoption may be because county attorneys–who handle the before the next game, whichever is earlier. finalized until the paternity action timely investigations and prosecutions, if any–are The bill also gives the student the right to notice is completed. The bill was ap- often reluctant to pursue the complicated void the contract within 14 days after it is proved and sent to the Senate floor. matters involved. Also, they noted, most signed, gives the educational institution a Neuville carried S.F. 2541, which county attorneys do not have a lot of private right of action against a student modifies miscellaneous real property experience with the details of campaign athlete or an agent for damages and sets conveyance and document recording penalties for agents for violations. The bill provisions. The bill was approved and sent finance laws. Kelley said the law will be was approved and re-referred to the to the Senate floor. more effective if the proposed civil Finance Committee. S.F. 2673 was authored by Sen. penalties are available to the board. Sen. Sen. Don Samuelson (DFL-Brainerd) Richard Cohen (DFL-St. Paul). The bill Mark Ourada (R-Buffalo) said the new presented S.F. 2957, which requires establishes a process under which a de approach contained in the bill should be various individuals and entities to report facto custodian or interested third party tried, since the old language isn’t really violations committed by dentists, dental many seek custody of a child. The measure being used. Marty said that his amendment hygienists, dental assistants and applicants also specifies procedures and standards the does not strike the new civil penalties, but
14 keeps the current penalties as well. The S.F. 3384, sponsored by Sen. John State and Local Government amendment was adopted. Hottinger (DFL-Mankato), makes numer- Marty also offered an amendment ous technical changes in campaign finance Operations addressing the issue of so-called “soft and public disclosure laws. Hottinger said money,” or independent expenditures. the bill is the product of suggestions made MAC bill debated Both Ourada and Hottinger spoke against by the Campaign Finance and Public The State and Local Government Operations Committee, chaired by Sen. the amendment, saying S.F. 3384 was Disclosure Board. He also said that the Jim Vickerman (DFL-Tracy), met Thurs., meant to be a technical, non-controversial most substantive change is decriminalizing Feb. 28, to hear testimony regarding a bill. the penalties for violations and making the Hottinger said that while he was number of bills, including one that penalties civil fines rather than gross supportive of the substance of Marty’s requires the Metropolitan Airports misdemeanors. However, Hottinger did amendment, it was important to pass a bill Commission (MAC) to submit its pro- that can be accepted by all parties. Marty’s offer an amendment making some of the posed budget to the chair of the Legisla- amendment, he said, will likely kill the more serious violations gross misdemean- tive Commission on Metropolitan bill. The amendment was not adopted. ors. The amendment was adopted. Government. The committee adopted an The other campaign finance bill Board member Allan Spear said the amendment that reduces the amount of considered by the panel was S.F. 3056. decriminalization of penalties was sug- state government oversight of MAC. Hottinger said it contains the more gested in order to make it easier to recruit Sponsor of S.F. 2682, Sen. Douglas controversial recommendations of the individuals to serve as campaign treasurers. Johnson (DFL-Tower), said the bill allows CFPDB. Among provisions in the bill is an The bill was approved and advanced to the commission to make budget recom- expansion of the definition of “campaign the Senate floor. mendations back to MAC. An additional expenditure” to include so-called “issue Members also debated a bill, S.F. 388, amendment was proposed that required all ads.” The bill also changes campaign making numerous substantive changes to members of the legislative commission to spending limits and campaign contribu- campaign finance procedures. Titled “The be from the seven-county Metro Area and tion limits to an election cycle matrix, Fair and Clean Elections Bill,” Hottinger include two members from each body who represent districts impacted by airport instead of separate limits for each year of said the measure provides a new system for the cycle. Further, the bill requires noise from the Minneapolis-St. Paul financing elections. “Essentially, the bill political parties, in order to receive public Airport (MSP). Sen. Ann Rest (DFL-New subsidies, to agree not to make indepen- provides public financing,” Hottinger said. Hope) said she had serious reservations dent expenditures on behalf of their The measure increases disclosure about the bill because she wasn’t sure if the candidates or against their opponents. requirements, limits campaign contribu- legislative commission should be taking Marty offered an amendment elimi- tions and expenditures and increases on this responsibility. Rest said she nating proposed increases in campaign public subsidies for campaigns, Hottinger believed a more effective approach would contribution limits for state offices. He said. be for MAC to report to the Legislative said the state was making significant The committee, chaired by Sen. Roger Audit Commission, which already exists. progress in recent years by reducing the D. Moe (DFL-Erskine), adopted five Sen. Myron Orfield (DFL-Mpls.) said limits. Sen. Warren Limmer (R-Maple amendments suggested by Hottinger. The he supported the amendment because he Grove) said the limits were last changed first changes the subsidy amounts for felt there must be some governmental six years ago. He said the contribution legislative races, specifies the date by oversight of the large, fee-based organiza- limits need to be raised across the board. which campaign finance reports for the tion. However, the ideal situation, Orfield Limmer also said the limits are unfair to election cycle ending Dec. 31, 2002 are said, would be to have a fully elected candidates for secretary of state and state due and delays the effective date until Jan. MAC. Sen. Martha Robertson (R- auditor, compared to the limit for candi- 1, 2003. The second amendment makes Minnetonka) said her problem with the dates for attorney general. The Marty three provisions of the bill effective for the bill is that the commission is limited to amendment was defeated. An amendment, current campaign cycle. The third amend- offering a recommendation to MAC, offered by Limmer, raising the contribu- which could simply be ignored. Sen. ment clarifies the statutory references. tion limits for candidates for secretary of David Johnson (DFL-Bloomington) said state and state auditor to be equal with Most of the penalties in the bill are civil the amended bill is a reasonable compro- attorney general candidates was adopted. fines, but the fourth amendment provides mise because the original version called S.F. 3384, the non-controversial criminal penalties for more serious for MAC to become part of the Depart- board recommendations, was approved violations. Finally, the fifth amendment ment of Transportation (MnDOT). and advanced the full committee. The alters some of the campaign contribution Representatives from Northwest Airlines motion to approve S.F. 3056 failed on a limits. and Champion Air spoke in support of the voice vote. Sen. John Marty (DFL-Roseville) bill. offered an amendment providing criminal MAC Executive Director Jeff Hamiel Elections bills gain penalties for two additional violations. said that MSP is a very successful, globally- The Rules and Administration The amendment was adopted. recognized airport that has also been Committee met Mon., Mar. 4, in order to The bill was approved on a 9-6 roll successful in balancing the competing take action on two bills relating to call vote and re-referred to the Finance interests of airlines, travelers, and regula- elections. Committee. tors. Hamiel said MAC already has plenty
15 Committee update
Chippewa Middle School students, Jo Jackson, right, and Alex Wrobel present their winning entry into the National Engineers Week Future City Competition during a press conference in the State Office Building Tue., Mar. 5. The national champions were awarded a future trip to U.S. Space Camp in Huntsville, Ala., and laptop computers. Photo by Shelley Hawes of oversight. David Johnson said he Sen. Steve Kelley (DFL-Hopkins) provisions of the bill, which include believed MAC is backing away from a carried S.F. 3028, a bill that creates the reversing changes to Public Employees 1996 noise mitigation agreement, but Minnesota Commission on National and Retirement Association regulations; Hamiel replied that he felt MAC’s noise Community Service and makes the mandating retirement coverage for all mitigation program is appropriate. Two commission semi-independent from the charter school teachers; authorizing labor representatives said they were no Department of Children, Families, and employee leave time as funding for a longer opposed to the amended bill. The Learning (CFL). “The extra independence supplemental pension plan; and authoriz- proposed amendment was withdrawn, and will make the commission more entrepre- ing a study of a voluntary statewide the motion to recommend the bill to pass neurial,” Kelley said. The new commission volunteer fire retirement plan. Three failed. will also serve as the Minnesota office for amendments were adopted, one technical, Sen. Jane Ranum (DFL-Mpls.) carried the national public service program, one that allows a single individual to S.F. 2611, a bill that creates a new AmeriCorps. The new structure allows rescind his retirement application in order interstate compact for adult offender Minnesota to obtain its fair share of to receive disability coverage, and another supervision. Ranum said the existing competitive federal funding dollars, that factors inflation into the supplemental compact, created in 1937, doesn’t meet Kelley said. The bill was recommended to administrative expenses for the Minneapo- modern needs. The provision relevant to pass and sent to the floor. Another Kelley lis Teachers Retirement Fund. the committee, said Ranum, is the creation bill, S.F. 3288, that extends a successful Sen. David Knutson (R-Burnsville) of a state council that will appoint a arbitration provision governing firefighters carried S.F. 2890, a bill that nullifies commissioner to serve as the representative until 2006 was also approved by the clauses in public works contracts that on the interstate commission. “Thirty-five committee, and recommended for place- preclude contractors from seeking costs or states have already ratified similar propos- ment on the Consent Calendar. damages for delays. The bill was recom- als,” Ranum said, “The central question is Sen. Dean Johnson (DFL-Willmar) mended to pass and to be placed on the whether Minnesota wants to be at the table carried S.F. 2984, the omnibus retirement Consent Calendar. Sen. Michele of an interstate compact.” bill. Lawrence Martin, executive director Bachmann (R-Stillwater) carried S.F. The bill was recommended to pass of the Legislative Commission on Pensions 1376, a bill that requires a new election in and sent to the floor. and Retirement explained the major a city any time an entire township is
16 annexed into a single city, regardless of State Government, directly to the Electronic Real Estate how the annexation process was initiated. Recording Task Force (ERERTF). S.F. Kent Sulem from the Minnesota Associa- Economic Development, and 2707 was approved and sent to the tion of Townships said the bill arose from the Judiciary Budget Finance Committee. a situation in Forest Lake when township Vickerman presented S.F. 3132, a bill citizens annexed into the city found Division that authorizes the Northern Counties themselves shut out of the political Land Use Coordinating Board (NCLUC) process. Veterans home funding discussed to initiate a pilot project to promote The bill was recommended to pass The State Government, Economic cooperation among local, state, and and sent to the floor. Development, and the Judiciary Budget federal government, in addressing land use A bill that clarifies that mutually Division, chaired by Sen. Richard Cohen management issues. An amendment was agreed-upon annexations are binding was (DFL-St. Paul), met Wed., Mar. 6, to adopted that ensures reimbursement from carried by Sen. David Tomassoni (DFL- discuss a number of bills, including one NCLUC to the Office of Strategic and Chisholm). An amendment that establishes that seeks to assist veterans nursing homes. Long-Range Planning for any duties an immediate effective date was adopted. S.F. 3397 transfers unspent funds of performed under the act. The bill was The bill was recommended to pass and $351,000 related to the Minnesota recommended to pass and sent to the sent to the floor. Veterans Board (MVB) in the capital asset Finance Committee. Orfield carried S.F. 3322, a bill preservation and replacement fund Sen. James Metzen (DFL-South St. pertaining to the Metropolitan Council. (CAPRA) to the MVB to cover an Paul) said S.F. 2392 modernizes and The only significant provisions, according operating budget deficiency. “These updates language in the emergency 911 to Orfield, are that the Met Council is veteran homes already have waiting lists,” telephone statutes, which were originally authorized to sell unused service capacity said bill author Sen. Linda Berglin (DFL- written in 1975. An amendment that and changes in the depreciation rates for Mpls.), “without a supplemental appro- deletes a retroactivity clause in the bill wastewater treatment facilities. The bill priation, they will be forced to close beds and thus removes any cost to the general was recommended to pass and be placed left and right.” Berglin said the bill will be fund was adopted. Metzen said the more on the Consent Calendar. amended in the Health, Human Services substantive issues related to the 911 Sen. Twyla Ring (DFL- North Branch) and Corrections Budget Division to system, such as proposed fee increases, are carried S.F. 2695, a bill that allows remove an additional appropriation dealt with in bills in other committees. counties to seek land set asides for parks, request from the general fund. Cohen expressed concern that the more wetlands, trails or open space from Department of Administration official substantive 911 bills had not received a Heidi Myers said the department was planned subdivisions. Developers may pay hearing in either the State and Local concerned because the requested funds cash into a park fund in lieu of a land set- Government Committee or the budget were earmarked for CAPRA projects that aside, Ring said. division. Metzen agreed to see if the bills had previously been delayed or canceled. could be heard in the division later. The She added that the bill allows a “We are simply trying to be good stewards bill was recommended to pass and sent to practice most counties thought was legal of CAPRA funds,” she said. In response to the Finance Committee. until recently. An amendment that department concerns, Sen. Jim Vickerman Cohen presented a bill that he said prevents counties and towns from both (DFL-Tracy) said, “Preserving our build- allows an incumbent governor to present a seeking park land dedications from the ings is important, but we are looking at budget by Jan. 15 to enable Legislators to same subdivision was adopted. empty beds. Veterans will have no place to address the issues earlier in the session. Chris Karpan, attorney for Douglas go.” The bill was recommended to pass Cohen said S.F. 2859 was in response to a County, said counties are seeking the same and sent to the Health, Human Services legitimate criticism of the legislature by legal authorization as the cities and towns and Corrections Budget Division. the governor. The amended bill removes to create public areas. “Developers will School food service employees are references to moving up the February claim this will raise the cost of homes. It is eligible to use earned wage credits for revenue and expenditure forecasts to only fair that new homeowners who move unemployment benefits under a proposal, February 15. The bill was recommended to in and demand parks should shoulder the S.F. 3140, authored by Sen. Twyla Ring pass and sent to the Finance Committee. burden of the costs for green space,” (DFL-North Branch). Teamsters represen- Karpan said. tative Don Gerdesmeier said his organiza- Income and Sales Tax Sen. Dan Stevens (R-Mora) said he tion supports the bill because the employ- was adamantly opposed to the bill. “We ers already pay unemployment tax and the Budget Division simply can’t take private property for bill doesn’t add or expand unemployment public use without compensation.” benefits. The bill was recommended to City tax bills heard Attorney Chris Dietson said the bill is pass and sent to the Finance Committee. A The Income and Sales Tax Budget constitutionally flawed because it doesn’t bill that applies surcharges equally Division, chaired by Sen. Don Betzold indicate if parkland is directly related to between the two systems of filing real (DFL-Fridley) met Wed., Mar. 6, to hear the project where land is being sought or if estate titles, abstract or Torrens, was carried several bills proposing a variety of the parkland is roughly related in size to by Sen. Steve Kelley (DFL-Hopkins). An increases in sales taxes in various cities in the project. amendment was adopted that clarified that order to fund municipal projects. No The bill was laid over. the proceeds of the surcharges do not go action was taken on any of the bills.
17 Committee update Instead, the measures will be considered Telecommunications, Energy “We have to be very careful,” she said. for inclusion in a division bill. “It’s a fine line between a company leaving S.F. 3287, authored by Sen. William and Utilities the state and a company staying in the Belanger (R-Bloomington), increases the state.” lodging tax in the city of Bloomington by Telecom services fund debated Kelley said he had tried funding the 1 percent. S.F. 3338, carried by Sen. Sheila Members of the Telecommunications, program through the general fund in the Kiscaden (R-Rochester), increases the Energy and Utilities Committee, chaired past but was unable to get enough support by Sen. James Metzen (DFL-South St. lodging tax in Rochester by 2 percent. for the idea. He also said a surcharge per Paul), met Thurs., Feb. 28, to discuss a bill line or service to both companies and S.F. 3042, sponsored by Sen. Douglas creating a public telecommunications individuals was not fair. He said compa- Johnson (DFL-Tower), authorizes the services fund. nies make money through the services, and imposition of an additional sales tax and S.F. 3205, carried by Sen. Steve those who use it the most should support it. bonding for the city of Ely. S.F. 134, Kelley (DFL-Hopkins), creates the public Kelley also said creating the fund is authored by Sen. Becky Lourey (DFL- telecommunications fund by imposing a important and is good policy, since it Kerrick), authorizes the city of Cloquet to fee of 1 percent of the gross receipts from makes telecommunications access equal to impose an additional sales tax. S.F. 135, retail sales of telecommunications services. all. He said high schools in his district pay also carried by Lourey, provides similar Under the bill, the telecommunications approximately $500 each month for authority to the city of Hermantown. account is required to fund the learning telecommunications services, but a school S.F. 3387, sponsored by Sen. Dick Day network of Minnesota–which in the past in a rural district may have to pay 3 times (R-Owatonna), authorizes the city of was funded through the Higher Education that much. The added cost isn’t fair to the Medford to impose a local sales and use Services Office (HESO)–and the telecom- schools, he said, and added that the munication access revenue program, tax of 0.5 percent. S.F. 3348, carried by students there would probably appreciate regional library telecommunication aid Sen. Grace Schwab (R-Albert Lea), the choices greater access to telecommuni- and any shortfall in 2003 in the MnLink cations services would bring. Kelley also provides for the city of Albert Lea to program. The account also provides grants said another benefit of the fund is that it impose a local sales and use tax. for a hospital emergency communications establishes greater efficiency by linking Members of the division heard several network and grants for an emergency various agencies and entities together. additional bills relating to sales tax. S.F. response network that enables communica- Finally, Kelley said that there are compa- 3418, authored by Sen. Steve Kelley tion between law enforcement agencies, nies who support creating the fund but (DFL-Hopkins), imposes the sales tax on fire departments, fire stations and hospitals. have no better ideas on how to finance it. certain installation charges. Currently, Kelley said the bill raises approximately Sen. Dennis Frederickson (R-New third party installers do not have to pay $43 million each year and provides the Ulm) offered an amendment that deletes sales tax, but retailers who provide ability for agencies and entities across the the section of the bill creating the 1 installation must pay the sales tax. state to connect with each other. He is percent tax but leaves the remaining S.F. 3396, sponsored by Sen. David convinced, he said, that the fund builds language. The motion, in effect, leaves the Tomassoni (DFL-Chisholm), provides a essential infrastructure and allows for more fund in place but takes away the method efficiency in various state in local agen- sales tax exemption for energy efficient of raising revenue for it. Kelley agreed to cies. propane gas furnaces and water heaters. the amendment in order to continue Several Senators said they supported working on other potential ways to fund S.F. 802, carried by Sen. Claire Robling the creation of the fund, but added that the program. The amendment was (R-Prior Lake), eliminates the cap for they didn’t approve of the 1 percent sales adopted. The bill was approved and re- payments made to counties under tribal tax provision. Sen. Mark Ourada (R- referred to the Finance Committee. tax agreements. Buffalo), said the account should be Metzen authored S.F. 2740, a bill S.F. 3375, authored by Sen. Ann Rest funded through the general fund and not making technical changes to various (DFL-New Hope), clarifies the nexus rules through fees or taxes. Metzen said a 1 energy related provisions. Sen. Ellen for affiliated companies for purposes of percent sales tax is a substantial fee for Anderson (DFL-St. Paul) offered an collecting sales tax. businesses who use multiple lines, products amendment that allows the Public Utilities One measure relating to income tax and services. Sen. Arlene Lesewski (R- Commission to order a utility company to was heard by the division. S.F. 3411, Marshall) concurred with Metzen’s petition the commission to approve an authored by Sen. Dave Kleis (R-St. assessment. Although she said that the fund emissions reduction rider and requires the Cloud), provides for an income tax would benefit rural Minnesota, she also company to implement an order to reduce said she had concerns with funding it subtraction for military compensation. emissions. The amendment changes through a 1 percent tax. The tax would current law that requires a utility to notify Under the bill, the first $5,000 of especially hurt a particular company in her the commission only if it will proceed with compensation for personal services in the district, she said, forcing it to perhaps pay a proposed emissions reduction project. Minnesota National Guard or armed forces over $1 million dollars in extra taxes. She Paula Maccabee, from the Sierra reserves, or for active duty in the armed said such a high amount of taxes may cause Club, spoke on behalf of the amendment. forces of the U.S. or the United Nations, the company to leave the area, and for that She said none of the coal-fired power while the person is a resident could be reason, she added, she could not support plants in Minnesota are subject to modern subtracted from taxable income. the bill. emissions standards, since they were
18 Members of the Senate Tax Committee pore over the details of latest budget forecast during a recent hearing. Photo by David J. Oakes “grandfathered” in under the Clean Air buildings by Jan. 15, 2004, instead of Jan. think we’ve come up with a very good Act. Current voluntary agreements to 15, 2003. The amendment was adopted. plan.” reduce emissions, she said, don’t work, a The bill was approved and sent to the Sen. Kenric Scheevel (R-Preston) sentiment that she said the Minnesota Senate floor. offered an amendment that changes the Pollution Control Agency shares. She said Sen. David Tomassoni (DFL- date that the commission must complete its the Legislature could continue to wait to Chisholm) presented S.F. 2672. The bill is determination of appropriate criteria from see if emissions reduction actually hap- designed to facilitate the development of Dec. 15, 2003 to Dec. 15, 2002. His pens, or they could require it. new base load electric generation plants amendment also changes the date a utility Carl Lehmann, from Xcel Energy, said on Minnesota’s Iron Range. The measure may initiate a new request for proposals the company is committed to maintaining requires the Public Utilities Commission from Feb. 15, 2003, to Jan. 15, 2003, or an effort to reduce emissions. He said Xcel to determine the appropriate criteria to be when the commission completes its is moving forward with emissions reduc- used in selecting bids to build a plant from determination of appropriate criteria. The tions plans and should bring the first utility companies that are responding to a bill was approved and sent to the Senate proposal on how to do so to the Public request for proposals. floor. Utilities Commissions in May. Tomassoni said the bill is a scaled Metzen said his bill is only technical down version of a bill he first brought Transportation and he preferred to avoid substantive before the committee several weeks ago. amendments. Anderson said she was The first proposal, he said, was probably Overweight permits rejected willing to wait, but, she added, if nothing not realistic and the present bill is the Members of the Transportation is done to reduce emissions, she will bring product of a compromise with several Committee, which met Thurs., Feb. 28, a separate bill next year to deal with the groups of people. However, he said the rejected a bill that requires local road issue. The amendment was withdrawn. original scope of the bill is still in place. authorities to issue permits to allow Kelley offered an amendment to require “We’ve worked really hard to come overweight vehicles to operate on high- the development of a plan to maximize up with some solutions that would keep ways subject to seasonal weight restric- energy efficiency in existing public this project alive and well,” he said. “I tions. Bill author, Sen. Steve Murphy
19 Committee update (DFL-Red Wing), said currently truck purchaser, he said, and excludes transferors sions relating to the Minneapolis drivers are required to get daily permits and sellers from the list of possible Firefighters Relief Association. S.F. 2828, from jurisdictions for overweight exemp- beneficiaries. Oliver added the bill also authored by Robertson, modifies a tions, a time-consuming and inefficient excludes attorneys’ fees from the monetary limitation on the ability of the Board of system. “Why should we keep the status loss covered by the bond. Trustees of the Minnesota State Colleges quo when we have shown the status quo Allyson Hartle, representing CNA and Universities and intermediate school needs an upgrade?” asked Murphy. Surety, said the bill excludes parties like districts to enter into property agreements. Opponents called the bill unpractical. used car cleaning companies from benefit- S.F. 2573, sponsored by Sen. Charles Berg Crystal City Engineer Tom Mathison ting from surety bonds. The bill was (R-Chokio), allows Independent School wondered what is the point of road weight recommended to pass and sent to the floor. District No. 801, Browns Valley, to begin restrictions with a blanket exemption in The final bill to receive the the school year as early as August 27. H.F. place. “These rules are very difficult to committee’s approval was carried by Sen. 2992, sponsored by Sen. Dan Stevens (R- enforce,” Mathison said, “And the burden Richard Cohen (DFL-St. Paul). S.F. 3075 Mora), modifies the terms of temporary would be on the cities for enforcement.” expands the motor vehicle sales tax to licensure for occupational therapists. H.F. Sen. Claire Robling (R-Prior Lake) said include new and used car sales transacted 3148, carried by Sen. Steve Kelley (DFL- that even though weight restrictions are outside of a licensed dealership. Hopkins), modifies registration require- inconvenient, she has seen how heavy “The bill takes into account the ments for speech-language pathologists trucks can break down roads. She said the seller,” Cohen said, “We will be able to tax and audiologists whose registrations have state has put a lot of money into roads and the sales done by non-dealers.” lapsed for more than three years. doesn’t want to see the road infrastructure The bill was recommended to pass S.F. 2834, authored by Sen. Dick Day damaged. The motion to approve the bill and sent to the floor. (R-Owatonna), permits the appointment failed. of the county recorder in Steele County. Sen. Dean Johnson carried S.F. 2812, Floor update H.F. 2624, carried by Sen. Claire Robling a bill that requires the Department of (R-Prior Lake), increases the Shakopee Transportation (MnDOT) to use agricul- Monday, March 4 Public Utilities Commission from three to ture-based de-icing solutions for snow and five members. S.F. 2814, sponsored by Sen. ice control on state highways when Consent Calendar bills okayed Steve Murphy (DFL-Red Wing), autho- economically feasible. The bill also In addition to acting on the contract rizes cooperatives to use electronic voting. requires MnDOT to study the impact of all procedure bill, members devoted the S.F. 1000, sponsored by Stevens, modifies ice-control methods on the environment balance of the Mon., Mar. 4, floor session provisions governing eminent domain. S.F. and the deterioration potential of the to granting final passage to a variety of 3162, authored by Vickerman, permits the methods on bridges. Johnson said agricul- bills on the Consent Calendar. Bills on the appointment of the county recorder in ture-based de-icing solutions are less Consent Calendar are generally noncon- Murray County. S.F. 2900, sponsored by corrosive to roads than salt, and can be troversial in nature and are placed on the Sen. Michele Bachmann (R-Stillwater), produced in Minnesota. Representatives calendar for final passage at the recom- allows a city to establish cartways. S.F. from the Department of Public Safety and mendation of a standing committee. 3278, carried by Sen. Linda Scheid (DFL- Cargill, a manufacturer of a corn-based de- Members granted final passage to the Brooklyn Park), requires the commissioner icer, spoke in favor of the bill. The bill following bills. of public safety to adopt rules requiring was approved and re-referred to the S.F. 2445, authored by Sen. Jim education in organ donation as part of Finance Committee. Vickerman (DFL-Tracy), modifies the driver education programs. The state will exchange land parcels school trespass law by prohibiting anyone S.F. 3045, authored by Sen. Don in Douglas County with the city of from being on the roof of a school without Betzold (DFL-Fridley), authorizes the Garfield under a bill that was approved by permission. S.F. 2590, carried by Sen. extension of the domestic fatality review the committee. The land conveyed to the Becky Lourey (DFL-Kerrick), permits the team pilot project in the Fourth Judicial state under S.F. 3258, carried by Sen. Cal appointment of the county recorder in District. S.F. 3154, carried by Robertson, Larson (R-Fergus Falls), is to become part Carlton and Pine Counties. H.F. 3196, eliminates certain responsibilities of the of the state rail bank, according to Larson. sponsored by Sen. Martha Robertson (R- commissioner of health relating to The bill was recommended for the Minnetonka), is a Department of Adminis- occupational safety and health. H.F. 3116, Consent Calendar. tration housekeeping bill and makes carried by Vickerman, modifies responsi- Sen. Edward Oliver (R-Deephaven) changes to provisions relating to the bilities of the Legislative Commission on sponsored a bill that clarifies rules pertain- department. H.F. 3062, carried by Sen. Minnesota Resources and the LCMR ing to automobile surety bonds, which Jane Ranum (DFL-Mpls.), repeals limita- Citizens Advisory Committee regarding allow individuals to collect damages in tions on the term of service for judges in the environmental and natural resources case of fraudulent selling practices. Oliver Hennepin and Ramsey County Juvenile trust fund. S.F. 2631, sponsored by Sen. said the purpose of S.F. 2115 is to correct Courts. S.F. 2945, sponsored by Anthony “Tony” Kinkel (DFL-Park the premise that anyone involved in a Vickerman, permits the appointment of Rapids), restricts the taking of fish on motor vehicle transaction can access the the auditor-treasurer and recorder in certain waters. H.F. 2642, sponsored by bond. Nobles County. Sen. Arlene Lesewski (R-Marshall), The bill clarifies that the bonds are for H.F. 2695, carried by Sen. Lawrence modifies a reporting requirement for the the benefit of the state and a motor vehicle Pogemiller (DFL-Mpls.), corrects provi- inspector of mines.
20 Wednesday, March 6 in Development Region Nine, S.F. 2572, to procure clients in motor vehicle was carried by Sen. John Hottinger (DFL- accident cases a felony, S.F. 2638, was Bills processed Mankato). Hottinger said a program carried by Foley. He said an investigation During the floor session, Wed., Mar. 6, studied by the Pew Foundation cannot by the attorney general and the FBI Senators okayed several bills, including receive a grant because the foundation discovered health care providers who hire five bills that were granted final passage. must issue the grant to a non-profit runners to convince people involved in Bills on the Consent Calendar organization. The organization will not accidents to fake injuries and file for false considered included S.F. 2592, sponsored make final decisions about the grant treatment. by Sen. Edward Oliver (R-Deephaven). money, he said, but will serve as only a S.F. 3117, which transfers sewer The bill authorizes the reorganization of a funnel for the grant money to the Region interceptors in the Metropolitan Area from mutual insurance holding company into a Nine Development Commission. Sen. the Metropolitan Council to local cities, stock company. S.F. 3347, carried by Sen. Deanna Wiener (DFL-Eagan) carried S.F. was carried by Sen. James Metzen (DFL- Roger Moe (DFL-Erskine), is a resolution 2578, which authorizes county boards to South St. Paul). Foley sponsored a bill, urging Congress to ensure replacement of provide client-directed support services. S.F. 3124, modifying nursing home Indian trust land in the event of a nuclear A bill prohibiting issuing classifications. Sen. Debbie Johnson (R- incident at Prairie Island. Sen. David homeowner’s insurance for more than the Ham Lake) carried S.F. 2960. The bill Knutson (R-Burnsville) carried S.F. 2971. replacement costs of the buildings on the requires employers to provide unpaid The measure makes technical changes to property was carried by Hottinger. leave for volunteer firefighters performing the state procurement process, including Hottinger said the bill, S.F. 2953, is their duties. S.F. 3084, a bill that aims to the process for competitive bidding for necessary to avoid potential fraud and simplify state and local auditing proce- building and construction contracts. S.F. over-coverage of property. Sen. Charles dures by allowing local units to file audits 3109, authored by Sen. Grace Schwab (R- Wiger (DFL-North St. Paul) carried S.F. directly with state agencies, was sponsored Albert Lea), permits municipal police 1030, a bill ratifying the National Crime by Rest. Betzold carried a bill, S.F. 2949, departments to use black patrol vehicles. Prevention and Privacy Compact. Wiger conforming statutes to federal policies on Schwab also carried S.F. 3244, which said the bill expedites the processing of background checks. He also carried S.F. authorizes electronic signatures on fingerprint data for non-criminal justice 3231, which provides that applicants for laboratory blood sample reports. All of the purposes. Betzold also sponsored a mea- licensure who do not wish their home bills were granted final passage. sure, S.F. 2448, permitting the Department address to become public data may Acting as the Committee of the of Public Safety to make motor vehicle designate another address, such as a Whole, the Senate granted preliminary information available to certain members business address, as public. Sen. Yvonne passage to the following bills. S.F. 2433, of the public, including the media. A bill Prettner Solon (DFL-Duluth) authored S.F. carried by Sen. Don Betzold (DFL-Fridley), transferring the remaining duties of the 3257, which adds an exception to con- includes sexual activity between agents of state treasurer, an office that was elimi- flict-of-interest statutes for housing and special transportation service providers nated after a ballot question offered in redevelopment authority officers. and vulnerable adults in the definition of 1998, to the commissioner of finance was Berglin carried S.F. 3331, which third and fourth degree criminal sexual carried by Rest. Sen. John Marty (DFL- removes the cost of obtaining necessary conduct. Sen. Linda Berglin (DFL-Mpls.) Roseville) carried a proposal offered by health records when applying for a sponsored S.F. 2381. The bill separates the Department of Human Rights to allow disability benefits program. S.F. 3145, hospice care providers from other home an administrative law judge to impose sponsored by Foley, amends the Minnesota health care providers in statutory language. fines on parties delaying human rights Code of Military Justice to conform with S.F. 2419, authored by Sen. Arlene proceedings. federal Uniform Code of Military Justice Lesewski (R-Marshall), defines portable Sen. Warren Limmer (R-Maple and Minnesota law. The Minnesota code wading pools and requires parents to give Grove) offered S.F. 2680, which allows applies to reservists not on federal active consent for their children to use a wading the commissioner of administration, in duty. Betzold authored a bill, S.F. 3167, pool at a family day care center. Betzold consultation with the Construction Codes allowing the Department of Corrections to also carried H.F. 58, which requires keg Advisory Council, to adopt a new energy release medical records to a civil commit- registration to combat underage drinking. code. S.F. 2533, sponsored by Foley, ment review coordinator. Sen. Leo Foley (DFL-Coon Rapids) carried allows counties to collect room, board and S.F. 2580. The measure provides that civil medical and dental fees from convicted license revocation hearings do not give offenders who are confined in a county Streaming Videos Available rise to an estoppel in criminal prosecu- facility. Rest carried S.F. 3080. The bill Two videos, “Discover the Capitol” tions. requires the depositor of a preneed funeral and “Rules, Laws and Process,” can now be Sen. Ann Rest (DFL-New Hope) trust account to make an annual report accessed through the Legislature’s Web site authored S.F. 2568. The bill removes a about where the funds in the account are (http://www.leg.mn). These videos are five-year limitation on the Hennepin invested, the size of the account and the excellent sources of information on the County Board’s authority to lease real interest earned on the account. Sen. Myron history of the State Capitol and on how property and removes a limitation on the Orfield (DFL-Mpls.) sponsored a bill, S.F. laws are made in Minnesota. For more board’s authority to construct off-street 3147, changing the state’s affirmative information or to borrow a video tape of parking facilities. A bill authorizing the action law to comply with federal provi- either program contact Senate Media establishment of a non-profit corporation sions. A measure making the use of runners Services at (651) 296-0264.
21 Floor action Monday, March 4 S.F. 3154-Robertson: Eliminates certain responsibilities of the commissioner of health and increases penalty limits for certain Bills granted final passage on Special Orders violations. 54-0 S.F. 3208-Moe, R.D.: Modifies procedures for legislative H.F. 3116-Vickerman: Modifies certain responsibilities of the approval or disapproval of collective bargaining agreements and Legislative Commission on Minnesota Resources and the LCMR arbitration awards. 35-23 Citizens Advisory Committee regarding the environmental and natural resources trust fund. 55-0 Bills granted final passage on the Consent Calendar S.F. 2631-Kinkel: Restricts the taking of fish on certain waters. S.F. 2445-Vickerman: Modifies the school trespass law to 56-0 prohibit persons being on the roof of a school without permission. H.F. 2642-Lesewski: Modifies a reporting requirement for the 55-0 inspector of mines. 55-0 S.F. 2590-Lourey: Permits the appointment of the county recorder in Pine and Carlton Counties. 48-8 Wednesday, March 6 H.F. 3196-Robertson: Dept. of Administration housekeeping provisions. 54-1 Bills granted final passage on the Consent Calendar H.F. 3062-Ranum: Repeals limitations on the term of service for S.F. 2592-Oliver: Authorizes the reorganization of a mutual judges in Hennepin and Ramsey County Juvenile Courts. 55-0 insurance holding companies into a stock company and modifies S.F. 2945-Vickerman: Permits the appointment of the auditor- accounting provisions for certain ceding transactions. 57-0 treasurer and recorder in Nobles County. 48-8 S.F. 2971-Knutson: Codifies references relating to state procure- H.F. 2695-Pogemiller: Corrects provisions relating to the ment competitive bidding for building and construction con- Minneapolis Firefighters Relief Association and amends adminis- tracts. 59-0 trative procedures. 55-0 S.F. 3347-Moe, R.D.: A resolution urging Congress to ensure S.F. 2828-Robertson: Modifies a limitation on the ability of the replacement of Indian trust land in the even of a nuclear incident Board of Trustees of the Minnesota State Colleges and Universi- at Prairie Island. 62-0 ties and intermediate school districts to enter in certain property S.F. 3109-Schwab: Permits municipal police departments to agreements. 56-0 utilize patrol vehicles and strikes references to constables in the S.F. 2573-Berg: Allows Independent School District #801, law addressing the color of police vehicles. 59-4 Browns Valley, to begin the school year as early as Aug. 27 to S.F. 3244-Schwab: Authorizes electronic signature on laboratory accommodate Browns Valley high school students enrolled in blood sample reports. 63-0 school in Sisseton, South Dakota and Sisseton, South Dakota elementary students enrolled in school in Browns Valley. 57-0 Bills granted preliminary passage on General Orders H.F. 2992-Stevens: Modifies terms of temporary licensure for S.F. 2433-Betzold: Defines the crimes of sexual conduct in the occupational therapists. 54-0 third and fourth degrees to include persons who sexually pen- H.F. 3148-Kelley: Modifies the registration requirements for etrate vulnerable adults and who are agents of special transporta- speech-language pathologists and audiologists whose registrations tion service providers. have lapsed for more than three years. 54-0 S.F. 2381-Berglin: Regulates hospice care providers. S.F. 2834-Day: Permits the appointment of the county recorder H.F. 58-Betzold: Prescribes standards for identification of beer in Steele County. 48-7 kegs and requires retailers of beer to maintain records of sale of H.F. 2624-Robling: Increases the Shakopee Public Utilities beer kegs and to record the identification of each beer keg sold. Commission from three to five members. 56-0 S.F. 2580-Foley: Provides that certain license revocation S.F. 2814-Murphy: Authorizes electronic voting in cooperatives. hearings do not give rise to an estoppel on any issues in criminal 55-1 prosecutions and makes it child endangerment to permit a child S.F. 1000-Stevens: Modifies provisions relating to eminent to be present when a person possesses certain chemical substances domain, modifies provisions governing appointment of commis- used to manufacture controlled substances. sioners and provides for hearing and notice requirements. 56-0 S.F. 2568-Rest: Removes limitations on the Hennepin County S.F. 3162-Vickerman: Permits the appointment of the county Board’s ability to lease real property and removes limitations on recorder in Murray County. 49-5 the board’s authority to construct off-street parking facilities. S.F. 2900-Bachmann: Allows a city to establish cartways. 55-1 S.F. 2572-Hottinger: Authorizes the establishment of a specific S.F. 3278-Scheid: Requires the commissioner of public safety to nonprofit corporation in Development Region Nine for specified adopt rules requiring education in organ donation as part of purposes. driver education programs. 53-1 S.F. 2578-Wiener: Provides for client-directed county support S.F. 3045-Betzold: Authorizes the extension of the domestic programs. fatality review team pilot project in the Fourth Judicial District. S.F. 1030-Wiger: Provides for a National Crime Prevention 55-0 Privacy Compact and provides for an electronic information
22 sharing system between the federal government and the state ot Thursday, March 7 access criminal history data. S.F. 2448-Betzold: Provides for the disclosure by the Dept. of Bills granted preliminary passage on General Orders Public Safety of personal data related to operation of a motor S.F. 3073-Knutson: Clarifies the standard for a misdemeanor vehicle. violation of an order for protection or no contact order. S.F. 2795-Marty: Adds sanctions that may be imposed in S.F. 2612-Kleis: Authorizes private vehicles escorting funeral proceedings before the Dept. of Human Rights. processions to use flashing red lights. S.F. 2680-Limmer: Adds a member to the Construction Codes S.F. 3184-Tomassoni: Modifies provisions governing road Advisory Council and provides for the adoption of a new energy inspections, first hauls, and weight allowances for commercial motor vehicles and requires a study of load restrictions and code. increases. S.F. 2533-Foley: Authorizes counties to collect room, board and H.F. 2742-Betzold: Regulates contested case procedures. other related correctional expenses for offenders who have been S.F. 3115-Kelley: Regulates state energy savings contracts. convicted of a crime and confined in a county jail. S.F. 3100-Berglin: Establishes approved tribal health profession- S.F. 3080-Rest: Modifies provisions relating to preneed funeral als as Medical Assistance providers and requires an evaluation of trust accounts. managed care regional rate differences. S.F. 3147-Orfield: Modifies the statewide affirmative action S.F. 2998-Lourey: Waives the written case presentation and oral program. examination component of the licensing requirements for certain S.F. 2419-Lesewski: Defines portable wading pools and clarifies alcohol and drug counselors. the use of portable wading pools at family day care settings. H.F. 3190-Ranum: Requires the juvenile court to send data S.F. 2963-Rest: Transfers the duties of the state treasurer to the relating to juvenile petitions to the statewide supervision system. commissioner of finance. S.F. 1555-Higgins: Provides a preemption of local regulation of S.F. 2638-Foley: Provides that whoever employs runners to fertilizers and plant foods used in agricultural production, procure clients under certain circumstances involving motor regulates the use on turf of certain fertilizers containing phospho- vehicle insurance is guilty of a felony. rus, provides for enforcement, and prohibits fertilizer applications to an impervious surface. S.F. 2953-Hottinger: Prohibits issuing or requiring excess S.F. 3101-Samuelson: Provides certain conditions and excep- insurance on property and regulates real estate appraisals. tions for a new Class I rest area on State Highway No. 371 S.F. 3124-Foley: Clarifies minimum nursing staff requirements in between Brainerd and Little Falls. nursing homes. S.F. 3034-Robertson: Authorizes the Hennepin County Board to S.F. 2960-Johnson, Debbie: Requires that employers allow contract with a public or private cooperative purchasing organiza- unpaid leave for employees to perform volunteer firefighter tion subject to a condition. duties. S.F. 2752-Robertson: Provides for design-build contracts in S.F. 3117-Metzen: Provides for the transfer or disposal of Hennepin County and requires a report. interceptor sewer facilties. S.F. 2803-Robling: Requires child care providers to develop S.F. 3084-Rest: Modifies certain state and local auditing policies for reporting suspected child maltreatment and requires procedures and reporting practices. child care licenses to contain certain information. S.F. 2949-Betzold: Expands what is considered to be public S.F. 3015-Scheid: Establishes a division of insurance fraud criminal history data, modifies procedures for certain background prevention within the Department of Commerce to investigate checks and authorizes criminal history checks for certain liquor and prosecute insurance fraud. license applicants. S.F. 2768-Lessard: Changes provisions in the Medical Assistance demonstration project and adds requirements for the prepaid S.F. 3231-Betzold: Provides that nondesignated addresses on Medical Assistance and prepaid general assistance medical Dept. of Agriculture license applications are not public data. programs. S.F. 3257-Solon, Y.P.: Adds an exception to conflict of interest S.F. 2769-Lessard: Allows Itasca, St. Louis and Koochiching provisions relating to Housing and Redevelopment Authority Counties to increase or establish the per capita spending limit for officers. promotion of tourist, agricultural, and industrial development S.F. 3331-Berglin: Removes the cost of obtaining health records and provides for distribution of proceeds from forfeited land sales. when applying for a disability benefits program. S.F. 3108-Kiscaden: Amends data and licensing definitions. S.F. 3145-Foley: Revises the Minnesota code of military justice. S.F. 3204-Neuville: Specifies that a county agency is not S.F. 3167-Betzold: Provides access to data for purposes of the required to provide income support or cash assistance when commissioner’s preliminary determination whether a petition of specified state programs fail to do so. civil commitment as a sexual psychopathic personality or sexually S.F. 1372-Betzold: Modifies provisions governing child maltreat- dangerous person is appropriate. ment data.
23 Preview Monday, March 11 services contract. Review of implementa- Thursday, March 14 tion plan study for the aggregation of the four teacher retirement plans. Other items Legislative Audit Commission Subcom- as designated by the chair. The Senate will be in session at 9 a.m. mittee on Topic Selection Chair: Sen. Claire Robling Environment and Natural Resources 9 a.m. Room 125 State Capitol Tuesday, March 12 Committee Agenda: Review list of possible program Chair: Sen. Jane Krentz evaluation topics and select those for Legislative Coordinating Commission 3 p.m. Room 107 Capitol further consideration. Subcommittee on Employee Relations Agenda: Discussion of state policy Chair: Rep. Carol Molnau regarding the use of off highway and all The Senate will be in session at 10 a.m. 8 a.m. Room 500S State Office Building terrain vehicles. Agenda: Review/approve proposed Finance Committee managerial plan. Review/approve Tax Committee Chair: Sen. Douglas Johnson commissioner’s plan. Review/recommend Chair: Sen. Lawrence Pogemiller 3 p.m. Room 123 Capitol salary cap waiver for Rochester public 4 p.m. Room 15 Capitol Agenda: To be announced. utilities manager. Update on negotiations Agenda: To be announced. with state employees. Review of H.F. Property Tax Budget Division 2033, defining state radio communications Friday, March 15 Chair: Sen. Don Samuelson operators as essential employees. Other 4 p.m. Room 15 Capitol items as approved by the chair. Agenda: S.F. 3334-Sams: Decreasing class The Senate will be in session at 9 a.m. rate on certain agricultural homestead The Senate will be in session at 9 a.m. property. S.F. 3358-Metzen: Exempting Finance Committee certain utility attached machinery from Chair: Sen. Douglas Johnson property tax and from tax base sharing. S.F. 3 p.m. Room 123 Capitol 3374-Rest: Providing for the valuation of Agenda: To be announced. certain rental housing. S.F. 2944-Johnson, Douglas: Cook County road - bridge levy. Tax Committee S.F. 2464-Johnson, Douglas: Cook County Chair: Sen. Lawrence Pogemiller Hospital District. S.F. 3280-Johnson, 4 p.m. Room 15 Capitol Douglas: Northeast Minnesota economic Agenda: To be announced. protection trust fund.
Legislative Commission on Pensions and Wednesday, March 13 Retirement Chair: Sen. Dean Johnson The Senate will be in session at 9 a.m. 6:30 p.m. Room 112 Capitol Agenda: Potential additional amendments Tax Committee to the 2002 omnibus retirement bill. Chair: Sen. Lawrence Pogemiller Review of proposed procedures for 4 p.m. Room 15 Capitol awarding post-June 30, 2002, actuarial Agenda: To be announced.
Senate Publications
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24 Senate Briefly
Page 2 Highlights
Page 5 Committee update
Page 15 Floor update
Page 20 Floor action
Page 24 Preview
Sunlight streams through win- dows high above the Capitol Rotunda on a recent March afternoon. Photo by Shelley Hawes
March 15, 2002
1 Senate Highlights Stadium bill fails, then passes Half of the money raised through the private financing package for construction The Senate touched all the bases in rental car surcharge is dedicated to the of a new baseball park. The amendment the debate over a proposed stadium development of affordable housing in the also allows the commissioner to assist the financing plan during a seven-hour floor community where the stadium is to be Twins owner in securing tax increment session Wed., Mar. 13. built. financing for the stadium. The amendment Before the Senate was S.F. 1857, a The city where the stadium is to be failed on a 31-33 vote. measure authored by Sen. Dean Johnson located may increase by up to 3 percent Marty offered a second amendment (DFL-Willmar), which sets the parameters taxes on food, entertainment and liquor that creates a special panel of three retired for funding a new stadium. Under the that are assigned to the payment of state judges to determine whether Major measure, state bonds are earmarked for half principal and interest on bonds issued for League Baseball has agreed upon a new of the projected $330 million price of a the sports facility. In order to do raise economic system, including enhanced roof-ready stadium if a major league team taxes, the city must hold a referendum June revenue sharing, protection of the finan- owner pays for the remaining half and any 3, 2002, as specified in the bill. cial interest of teams with below average cost over-runs. Under the measure, a nine-member profits and improvement of the viability of The state’s portion of the cost is raised commission, comprised of one person, a new stadium. Under the amendment, the through a variety of means and pooled in a appointed by the governor, from each Metropolitan Council may only authorize new sports facilities account, which may congressional district and the director of bonds for a new stadium after considering also fund the building of a football or Strategic and Long-Rang Planning, selects the panel’s recommendations and after other stadium. Revenues brought in from naming rights, media access fees, personal where in the seven county Metro Area the Major League Baseball agrees to a new seat licencing and the sale of the stadium is to be located. “The bill is site economic system. Metrodome go into the fund. A statewide neutral,” said Dean Johnson. “It does not “Baseball has got to fix its economy,” 13 percent tax on the wholesale receipts of address a particular site in a particular Marty said. He said the average salary of a the sale of sports memorabilia, a 10 location,” he said. baseball players has rocketed to 118 times percent admissions tax on tickets to events Sen. John Marty (DFL-Roseville) said what the average salary was in 1967. “Yet,” in the stadium and an increased tax on he was disappointed that no one was he said, “we are told the Twins don’t have sales of Metrodome food, merchandise and considering a stadium that is 100 percent enough money to pay for player salaries.” tickets also contribute dollars to the financed by the owners of a baseball team. “I believe that Major League Baseball account. Under the measure, a $1 dollar He offered an amendment, which did not needs to fix its economy,” said Dean surcharge is added to the daily cost of a prevail, that mandates that the commis- Johnson. “The amendment looks good. It rental car and a $2 dollar surcharge is sioner of the Metropolitan Sports Facilities sounds good, but it doesn’t work.” Sen. tagged on to the cost of parking on Commission provide assistance and advice Linda Scheid (DFL-Brooklyn Park) said, stadium game days. to the owner of the Twins on developing a “At the end of the day, major league baseball doesn’t care what the Minnesota Senate Briefly is a publication of the Photography: Legislature wants it to do.” The amend- Minnesota Senate Publications Office. David J. Oakes ment failed on a tie 33-33 vote. During the 2002 Legislative Session, Shelley Hawes “We are in the worst budget situation each issue reports daily Senate activities we have been in,” Sen. Jane Ranum (DFL- between Thursdays of each week, lists Writers: Mpls.) said. “What kind of message are we upcoming committee meeting schedules Karen L. Clark sending to folks when the first tax increase and provides other information. The that this body is debating is not to fix our publication is a service of the Minnesota Joshua A. Dorothy Steve Holman schools, lower class size, nor for nursing Senate. No fee. It can be made available homes, not to give money back to crime Mary Kate Stimmler in alternative formats. victims, not to make our prisons safe? Matthew Wickman What is the first tax increase we are To subscribe, contact: proposing? For a stadium,” she said. Senate Publications Office Marty proposed an amendment that G-22 Capitol uses some of the additional tax revenues 75 Constitution Ave. generated by the bill for education. “The St. Paul, MN 55155-1606 Senate Briefly is published weekly average age of a school building in (651) 296-0504 during the Legislative session by the Minnesota is 47 years,” he said. “But we are 1-888-234-1112 Minnesota Senate Publications Office, going to spend millions of dollars to (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. replace a 20-year old building for a private Paul, MN 55155-1606. Periodical business. We can’t even address the urgent postage paid at St. Paul, MN. POST- needs of our schools.” Marty’s amendment Editor: did not prevail on a 25-41 vote. MASTER: Send address changes to Karen L. Clark Sen. Dick Day (R-Owatonna) offered Senate Briefly, Senate Publications an amendment he said would finance the Office, G-22 Capitol, 75 Constitution Assistant Editor: stadium without any additional taxation Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy and no public funds. His amendment allows the state to run slot machines at the
2 Canterbury Downs Race Track. “What’s so Sen. Warren Limmer (R-Maple Paul) said it is only fair to take the issue to bad about having one state-owned casino Grove) spoke against the amendment. He the voters with a referendum. Sen. in Minnesota?” he asked. “People are said he didn’t think the Legislature should Lawrence Pogemiller (DFL-Mpls.) said the already gambling at the track everyday.” be involved in designing a neighborhood. referendum belongs in the bill because it “The stadium is not going to cost It is not for the state, he said, to tell a local includes taxes–on liquor and on restau- anyone anything unless the person want to unit of government how land should be rants–that hit local residents who might put quarters in a slot machine in used. Sen. Martha Robertson (R- not necessarily ever attend a game. He said Shakopee, Minnesota,” he said. Minnetonka) asked why the provision if a stadium is approved, every time Sen. Becky Lourey (DFL-Kerrick) said specified only St. Paul. If something someone goes to a bar or a restaurant they the amendment encroached upon Native benefits one city, she said, it benefits all will pay extra taxes. Such taxes, he said, Americans’ exclusive gambling privileges, cities. are imposed on residents living near the which were given by the state to replace in Responding to Limmer, Cohen said location of a new stadium, and as a result, a small way all that settlers stole from that it is possible the Legislature should he added, it is not unreasonable to have them. have been more involved when the citizens involved in the process. Sen. Douglas Johnson (DFL-Tower) Metrodome was built in Minneapolis. The “Our voters would like the opportu- said he favored increased competition for stadium, he said, has not helped revitalize nity to be a part of that decision,” he said. casinos, because it could increase demand the neighborhood in which it is located. However, the amendment failed on a 21 to for casino workers and up their wages. To address Robertson’s concern, Cohen 44 vote. However, he said, the race track in said he would not oppose broadening the Sen. Jim Vickerman (DFL-Tracy) Shakopee is too close to Mystic Lake amendment to include any city in which a offered an amendment making St. Paul the Casino. Day said the slot machines new ballpark is built. site of a new stadium. Speaking against the authorized in his amendment would not Cohen withdrew the amendment, then amendment, Dean Johnson said it is a hurt Native American run casinos in later offered another amendment that mistake to make the bill site specific. He Northern Minnesota, because people will simply eliminates all references to St. Paul said Legislators do not have all of the not travel that far to play slot machines. and instead requires any city in which the information necessary to make an in- Sen. David Johnson (DFL- new baseball park is built to establish a formed decision regarding the best site for Bloomington) said the amendment was not ballpark local improvement district. a new ballpark. Sen. Linda Higgins (DFL- a viable way of raising funds for the However, the amendment was not Mpls.) also spoke against the amendment. stadium because it was too likely to be adopted. She said it is inappropriate to cut Minne- challenged in court. He said the state Ranum offered an amendment apolis off so soon in the process. constitution only allows the state to be specifying that $40 million of the proceeds Sen. Charles Wiger (DFL-North St. involved in lotteries or in gambling from the bond sale must be used for Paul) spoke in support of the amendment. through contracts with Native Americans. improvements to the transit system in the He said the community of St. Paul is Senators Dennis Frederickson (R-New Metropolitan Area if the stadium is built behind the proposal. Wiger also said there Ulm) and Steve Dille (R-Dassel) said the in Minneapolis. The amendment was will be a bidding war to build the stadium social cost of gambling is too high. “We adopted. if a site is not chosen in advance. The should teach people to get ahead in the Sen. Roy Terwilliger (R-Edina) amendment was adopted by a vote of 36 to world by working hard,” Dille said, “not by presented an amendment removing a 30. Scheid later moved to reconsider the this get rich quick idea that gets families in provision requiring a referendum to be amendment, but her motion failed. trouble.” Sen. Steve Murphy (DFL-Red Wing) held in the area where a stadium will be Pogemiller offered an amendment said, “Major League Baseball wants to built. He said a referendum is unworkable, specifying that the charge for rental cars be keep gambling at arms length.” He said and wouldn’t even be held until after the raised from the $1 in the original bill to players who have any affiliation with 2002 baseball season is over. Terwilliger $1.50. The amendment further specified gambling are suspended from the players’ said a referendum gives certain citizens that one third of the proceeds be desig- association. veto power over an issue that affects the nated for noise abatement at the airport. Day’s amendment failed 23-43. entire state, and that those who won’t The amendment was adopted on a 36-31 Sen. Richard Cohen (DFL-St. Paul) attend games shouldn’t be able to make a roll call vote. offered an amendment authorizing the city decision for those who will. He also said Sen. Steve Kelley (DFL-Hopkins) of St. Paul–if selected as the site of a new Legislators are elected to lead, not to pass offered an amendment allowing Minne- stadium–to establish a ballpark local decisions on to others. apolis and other communities to be named improvement district to foster the develop- Robertson echoed Terwilliger and as host cities for the baseball stadium. The ment of a compact, pedestrian oriented, said it is irresponsible to have one commu- amendment alters a previous amendment compatible mixed use area within the nity make a decision on whether a designating St. Paul as the host city by buildings and blocks around the ballpark. ballpark is built or not. Scheid said allowing the other locations to be consid- According to the amendment, the purpose building a stadium is a regional–and not ered. The amendment was adopted on a of the district is to encourage new commer- just a local–issue. A stadium, she said, 38-20 roll call vote. cial, retail and cultural development, and doesn’t belong to any one city, but to the After considering several additional additional choices in housing, near the fans of the team. amendments the Senate vote to grant the stadium and major transit streets and Speaking in opposition to the bill final passage failed on a 36-31 roll call corridors. amendment, Sen. Sandra Pappas (DFL-St. vote. The measure needed 41 votes for
3 Senate Highlights final passage because of the state bonding venture with Crow included in the bill. Moments later, Wing County to though, Day moved reconsideration of the construct a rest area bill. The motion to reconsider was and visitors center approved 48-19. on state highway Sen. John Hottinger (DFL-Mankato) No. 371 near Crow then offered an amendment narrowing the Wing State Park. scope of the bonding and taxing provi- The amendment was sions to the Metropolitan Area. Several adopted. members questioned whether the revenue An amendment generated would be enough to provide that alters the funding for the stadium. Kelley said the composition of the revenue would be sufficient for a baseball multimodal fund stadium, but might make the financing of and clarifies the football stadiums more doubtful. “One of formula for trunk the reasons for having a sports facilities highway fund account is so that we don’t have to keep appropriations was dealing with this, but the bill does still offered. The balance for a baseball stadium,” Kelley amendment deletes said. In addition, adoption of the amend- a provision that 50 ment eliminates the need for the bill to percent of trunk have a super majority in order to gain final highway money be passage. The amendment was adopted on a spent within the 49-16 roll call vote. The bill then gained seven county Metro final passage on a 37-30 roll call vote. Area and 50 percent in Greater Minne- Transportation funding okayed sota. The amend- ment was adopted. The members of the Transportation A population- and Public Safety Budget Division based formula for 50 continued to tackle the major transporta- percent of the tion funding bill Thurs., Mar. 7. S.F. 2812 proceeds from the Senate Minority Leader Dick Day (R-Owatonna) takes the is carried by the chair of the division, Sen. gas tax increase was Segway Human Transporter for a test drive in a corridor Dean Johnson (DFL-Willmar). offered as an outside the Senate Chamber on Thur., Mar. 7. The bill provides for the creation of a amendment to the Photo by Shelley Hawes multimodal transportation fund with two bill. Sen. Keith accounts: one to be controlled by the Langseth (DFL-Glyndon) said the amend- the construction needs greatly exceeds the Department of Transportation (MnDOT) ment was extremely unfair to Greater number of state employees available. and one to be operated by the Metropoli- Minnesota. “If you go this route,” Langseth Johnson said that he has heard that the tan Council. The package includes several said, “There are going to be 20 counties in construction work of outsourced labor is sources of increased revenues. The bill this state that won’t get the benefit of the not up to regular standards. Parker replied raises the gasoline excise tax by seven gas tax increase.” Robling disagreed the that the department does not have a cents and indexes the tax to inflation in formula was unfair because high density significant problem of unsatisfactory work future years. S.F. 2812 also deletes areas have greater road needs. “Big by consultants. The amendment was language establishing maximum tax rates counties get more, but that’s where the adopted. for vehicle registration and authorizes a problems are,” said Robling. “Construction Additional language that requires November 2002 referendum on a 0.5 costs twice as much in part because land MnDOT to reserve funds for improved percent sales tax in the 11-county Metro- acquisitions costs are greater. We need to access to I-35W near Lake Street in politan Area for highway spending. put the money where it is needed the Minneapolis was proposed. Hennepin An amendment that allows the city of most.” The amendment was adopted. An County Commissioner Peter McLaughlin Lake Benton and Lincoln County to amendment that requires the Metropolitan said the project is badly needed because contribute a reduced portion of the Airports Commission to submit its budget two major companies in the area, Wells construction costs of an administration to several legislative committee chairs was Fargo and Abbot Northwestern Hospital, building shared with the Department of adopted as well. have planned major expansions, and that Transportation was proposed. Several Another amendment proposes that all the amendment was part of an effort by the Senators objected to the proposal, includ- work related to transportation program county to reconnect the neighborhood to ing Sen. Claire Robling (R-Prior Lake), delivery must be done by unionized state the highway. “We want to ensure that who said the city and county weren’t employees. MnDOT official Betsy Parker MnDOT is doing its share,” McLaughlin paying their fair share. The amendment said Minnesota only outsources 16 to 17 said. The amendment was adopted. was laid aside. Sen. Don Samuelson (DFL- percent of its labor compared to up to 80 The transportation funding bill was Brainerd) brought forth an amendment percent in other states. Parker added that recommended to pass and re-referred to the that allows MnDOT to enter into a joint the department outsources because often Finance Committee.
4 Committee update Education contracted alternative programs for Finance students who have been assessed as Policy bill passed chemically dependant. Sen. Martha Several bills approved The Education Committee met Fri., Robertson (R-Minnetonka) said schools Members of the Finance Committee, Mar. 8, to put the finishing touches on the already have the authority to give money chaired by Sen. Douglas Johnson (DFL- education policy bill. to alternative programs. Morgan Fleming, Tower), approved several bills at their The measure, S.F. 2736, sponsored by representing the Sobriety High School, meeting on Thurs., Feb. 7. Committee Chair Sandra Pappas (DFL-St. said the bill was needed to clarify the Sen. Jane Krentz (DFL-May Town- Paul), makes a range of changes to school’s authority and encourage the ship) carried S.F. 2674, the Department of educational policies, including those transfer of funds. The committee adopted Natural Resources fish, wildlife forestry affecting charter schools, the post-second- the amendment. and habitat bill. The bill adds turtles to ary enrollment option and data privacy. Counties must grant child care the definition of private aquatic life for The members voted to forward the bill to assistance during a qualifying parent’s turtle aquaculture purposes, modifies the full Senate. medical leave of absence from education provisions related to timber sales, creates a The committee considered several or employment in certain circumstances, limited lottery hunt for prairie chickens, amendments to the bill. Sen. Gen Olson under an amendment authored by Sen. modifies commercial turtle license and (R-Minnetrista) offered an amendment Becky Lourey (DFL-Kerrick). The amend- harvest regulations, allows the consump- that allows charter school students to ment, which the committee adopted, also tion of game at fund raising events and participate in public school extracurricu- states that counties must not suspend a prohibits shining lights on agricultural lar activities, so long as the charter school family’s child care assistance if a parent property where reflective signs are posted. does not have comparable programs. “The leaves the county to provide care for an The measure also repeals the barbless hook amendment,” she said, “is an effort to build elderly, sick or dying relative. requirement for live bait on experimental goodwill in communities, which might Another amendment, offered by Sen. trout waters, allows bidders in St. Louis increase public schools chances of passing Warren Limmer (R-Maple Grove), allows County to determine the value of tree a referendum.” Sen. Linda Scheid (DFL- school districts to permanently transfer any species in the county, creates a hunter and Brooklyn Park) said parents of charter available amount from its operating trapper education program, authorizes the school students do pay property taxes that capital account to its undesignated fund replacement or restoration of illegally cover some of the cost of public school balance. Under the provision, school destroyed aquatic vegetation and removes activities. districts that utilize the operating capital the $200 cap on the permit fee charged for “Charter schools have opted out of a account in combination with the debt controlling aquatic plants. Finally, the system; we can’t allow them to make service equalization program to support a bill prohibits individuals born after 1979 piecemeal decisions about when they get building program may not use the fund from obtaining a hunting license unless to opt in,” said Sen. Julie Sabo (DFL- transfer authority. The committee adopted they have evidence of completing a hunter Mpls.). the changes. safety course, prohibits duck hunting with Bob Meeks, from the Minnesota The members also heard S.F. 1755, motorized decoys and authorizes the School Board Association, said that which creates a statewide insurance plan prohibition or restriction of fishing in currently charter and public schools can for public school employees. Sen. LeRoy waters licensed as a private fish hatchery or make agreements that allow charter school Stumpf (DFL-Thief River Falls) said the aquatic farm. students to participate in public school insurance program, by putting all school Sen. Roy Terwilliger (R-Edina) activities. The bill, he said, is not needed. employees in a single large pool, will help offered an amendment to allow the use of He also said that charter school students to stabilize soaring insurance costs and a silencer by individuals hired by a local will take the place of public school reduce administration fees. government to shoot deer in a deer students on public school teams. Sen. Kenric Scheevel (R-Preston) management control plan and who have a The amendment was adopted. offered an amendment, which the members federal permit to possess a silencer. Sen. Satveer Chaudhary (DFL- adopted, that makes changes to the labor Terwilliger said the amendment was a Fridley) authored an amendment, which management board, which oversees the request from the community in order to the committee adopted, that exempts policies of the insurance program. The bill decrease noise levels. Mike Letourneau, charter schools from the requirement that specifies that each statewide affiliate of an from the Department of Natural Resources, teachers constitute a majority of the exclusive representative of eligible spoke against the amendment. He said members on the board of directors. The employees with at least 1,500 employees federal law allows the permitting of amendment also allows alternative participating in the plan is entitled to silencers but Minnesota prohibits them. programs operated by private organizations appoint one member to the board. He also said he is concerned because to convert their programs to a charter Scheevel’s amendment limits the board bullets travel long distances, and the noise school if 60 percent of the full-time membership to seven participants from they make is a warning to those in the area teachers sign a petition in favor of a the around the state. The amendment also to stay away. A silencer, he said, takes change. He said the provision is needed to states that all insurance companies offering away that warning. make current charter school policies coverage to employees under the statewide “When things become silent, someone applicable to alternative programs. plan must provide to the board all data on can stumble into something,” he said. Sen. Leonard Price (DFL-Woodbury) the groups’ claims experience. The Terwilliger withdrew the amendment. offered an amendment that permits school committee re-referred the measure to the The bill was approved and sent to the districts to allocate funds to private Health and Family Security Committee. Senate floor.
5 Committee update Sen. Leonard Price (DFL-Woodbury) nance requirements and state requirements areas during the 2000 Session. According presented S.F. 2738. The bill provides for outlined in the bill. The bill also requires to information provided, the lands remain the maintenance of leased property, that manufacturers reimburse the Pollution in a state of “management limbo” without permits aquatic plant grants, makes certain Control Agency $1,000–to be deposited proper designation. state park permit exemptions and modifies in the environmental fund–for staff Along with the designation, the bill current law to comply with federal law in services needed to review information requires at least 90 miles of trails to be certain situations. The measure appropri- submitted regarding the sewage treatment designated for all terrain vehicle (ATV) ates $1.495 million in the second year of system. The bill was approved and sent to purposes on the land and allows deer the biennium for state park operations and the Senate floor. hunters to use an ATV before and after $200,000 in the second year for the Red Sen. Roger Moe (DFL-Erskine) carried legal shooting hours and from 11 a.m. to 2 River State Recreation area. S.F. 2125, which designates 102,315 acres p.m. during the deer season within a Sen. Jim Vickerman (DFL-Tracy) of consolidated conservation land as designated area on the lands. The measure offered an amendment that allows up to 50 wildlife management areas. The land, also provides for the enforcement of ATV percent of a snowmobile maintenance and located in Roseau, Beltrami and Marshall violations on the lands, allows the Roseau grooming grant to reimburse the intended Counties, is approximately two-thirds County Board to sell specified consoli- recipient for the actual cost of acquiring brush/grassland and wetlands and one- dated conservation lands and allows snowmobile trail grooming equipment. third forest land. The lands provide for specified consolidated conservation lands Under the amendment, the cost must be significant flood control in the Red River in Marshall and Roseau Counties to be incurred in fiscal year 2002. The amend- basin. Designating it into wildlife manage- exchanged if an appropriate land ex- ment was adopted. The bill was approved ment area units finishes a 70-year process change is offered to the state. Finally, the and sent to the Senate floor. of assigning approximately 1.5 million bill reduces from 88.5 percent to 87 S.F. 2933, authored by Sen. Anthony acres of consolidated conservation lands percent the percentage of the lottery in “Tony” Kinkel (DFL-Park Rapids), allows into appropriate state management units, lieu of sales tax receipts to be allocated for the installation of an individual sewage 260,000 acres of which was designated natural resources programs in fiscal year treatment system if it meets local ordi- into state forest and wildlife management 2004 and thereafter. The bill was ap-
Senators Keith Langseth (DFL-Glyndon), Douglas Johnson (DFL-Tower) and LeRoy Stumpf (DFL-Thief River Falls) strategize during a Senate floor session Wed., Mar. 13. Photo by David J. Oakes
6 proved and re-referred to the Tax Commit- S.F. 887, which creates registration provisions or accounts; to make correc- tee. for medical response units and specialized tions, the measure includes recommenda- S.F. 2594, authored by Sen. Dan medical response units, was authored by tions made by the various divisions for Stevens (R-Mora), establishes two pro- Sen. Becky Lourey (DFL-Kerrick). Under supplemental spending. grams: the sustainable agriculture loan the bill, application fees ranging from $25 To make corrections to the budget program and a methane gas loan program. to $150 for various licenses are placed as bill, the measure includes new spending The agriculture program is designed to nondedicated receipts in the general fund. for the 2002-03 biennium of $7.7 million help farmers adopt best management The bill was approved and sent to the for Minnesota State Colleges and Univer- practices that emphasize sufficiency and Senate floor. sities (MnSCU) and the Higher Education self-sufficiency in agricultural inputs, Lourey also authored S.F. 819, which Services Office (HESO) contracts, $5 including energy efficiency, reduction or requires all plumbers to be licensed and million for state grants to HESO, $1.3 improved management of petroleum and establishes inspection requirements and million for K-12 provisions and $1 million chemical inputs. The program also fees for new plumbing installations. for crime victims ombudsman and battered emphasizes increasing the energy self- Current law does not require plumbers in women provisions. In total, the bill adds sufficiency of production by agricultural cities of 5,000 people or fewer to be approximately $15 million in spending for producers and environmental improve- licensed. It is estimated that projected 2002-03. ments. The methane program is designed revenues from collected fees will exceed To deal with the added shortfall, the to help finance the purchase of necessary expenditures for services provided by the bill adds to the general fund in 2002-03 by equipment and the construction of a bill by $94,000 beginning in 2006 and refinancing Transportation Department system that will utilize manure to produce continuing thereafter. Members adopted bottleneck funds by $245.2 million, electricity. The measure also allows a zero an amendment to eliminate an appropria- reducing the cash flow account by $155 interest loan of up to $100,000 to be tion of $1.156 million from the state million and transferring $52 million from granted to the University of Minnesota to government special revenue fund for the workers compensation special fund. In purchase a methane digester. To finance implementation of plumbing rules and total, the changes add approximately the programs, the bill transfers money from standards. The bill was approved and sent $452.2 million to the general fund. the disaster recovery revolving fund into to the Senate floor. Also to deal with the shortfall, in accounts for the programs, provides for Sen. Bob Lessard (IND-Int’l. Falls) 2002-03 the bill changes a K-12 education application fees and sets interest on the carried S.F. 3352. The bill changes the formula to bring an extra $312.5 million loans at no more than 4 percent per year. definition of “dry-cleaning solvent” to to the general fund and brings in $36.9 The bill was approved and sent to the mean any nonaqueous solvent for use in million through human services shifts. Senate floor. the cleaning of garments or other fabrics at These changes add approximately $349.4 Sen. David Tomassoni (DFL- a dry cleaning facility. The definition million to the general fund. In total, the Chisholm) presented S.F. 3054. The bill includes, but is not limited to, perchloroet- bill adds approximately $801.6 million to modifies provisions regarding petrofund hylene and its degradation products and the state’s general fund over the 2002-03 contractors and consultants and changes petroleum based solvents and their biennium. application requirements for certain degradation products. The bill also adds For the 2004-05 biennium, in order to petrofund reimbursements. The bill has an to the list of registration fees for dry make corrections, the bill also includes approximate cost to the petroleum tank cleaning facilities a fee of 35 cents for new spending of $375 million for general release compensation fund of $267,500, each gallon of other nonaqueous solvents education formula inflation, $15.4 million which will eventually be offset by revenue sold for use by dry cleaning facilities in the for MnSCU and HESO contracts, $12.6 to the petroleum tank release cleanup state. The bill was approved and sent to million for human services and corrections fund. The bill was approved and sent to the Senate floor. It is estimated the bill provisions, $2 million for crime victims the Senate floor. will generate less than $1,000 per year. ombudsmen and battered women provi- Sen. LeRoy Stumpf (DFL-Thief River sions and $1.9 million for K-12 provisions. Falls) carried S.F. 3010, which appropri- Budget changes approved In total, the bill includes approximately ates $1.215 million in fiscal year 2003 to Members of the Finance Committee, $406.9 million in spending for the years the Department of Natural Resources. The chaired by Sen. Douglas Johnson (DFL- 2004-05. To deal with the shortfall, the appropriation is for maintaining lands and Tower), approved S.F. 2096, the second bill also adds $3.9 million in the 2004-05 trails under the department and open to phase of budget reconciliation for this biennium through both human services recreational motor vehicle use. The biennium, at their meeting on Fri., March shifts and the K-12 education formula appropriation is also for monitoring and 8. changes to add $7.8 million to the general enforcement activities on the lands and The bill, carried by Johnson, is fund. trails and for environmental review on designed to deal with the extra $450 Sen. Sheila Kiscaden (R-Rochester) planned recreational motor vehicle trails. million shortfall reflected by the February offered an amendment that establishes a Of the $1.215 million, $700,000 is from budget forecast for the 2002-03 biennium limited parole authority. The amendment the all terrain vehicle account, $460,000 and to deal with any corrections that need allows the commissioner of corrections to is from the off road vehicle account and to be made in provisions of the first budget parole a limited number of individuals $55,000 is from the off-highway motor- reconciliation bill. To deal with the involved in nonviolent controlled cycle account. The bill was approved and added shortfall, the bill makes accounting substance or impaired driving offenses for sent to the Senate floor. adjustments and changes to existing budgetary, safety or security reasons.
7 Committee update
Despite a mid-March snowstorm, the Teddy Bear Band performed on the front steps of the Capitol as part of Early Childhood Parent Rally Day, Thur., Mar. 14. Photo by Shelley Hawes
Under the amendment, parole is only Sen. Jane Krentz (DFL-May Town- Kiscaden offered an amendment, also allowed if the individual in question is not ship) offered an amendment that allows dealing with the moratorium on consultant likely to endanger public safety. school districts to use up to half of the contracts, which simply repeals the Johnson opposed the amendment, money reserved for staff development for moratorium. The amendment was not saying it didn’t belong in the bill. He said any operating expense, such as teacher adopted. The bill was approved and re- the amendment was a controversial referred to the Tax Committee. provision that should go through the salaries, in 2003-04. The amendment frees up approximately $45 million, Krentz said. various committees first. FACE bill fails The amendment was adopted ini- Although Krentz said she supported staff tially, but after members moved to development, she added she would rather At their meeting Mon., Mar. 11, reconsider it, the measure was withdrawn save teachers’ jobs instead. Sen. Leonard members of the Finance Committee, by Kiscaden. Price (DFL-Woodbury) spoke in favor of chaired by Sen. Douglas Johnson (DFL- Kiscaden also offered an amendment the amendment. He said it is a good way Tower), defeated a proposal providing candidates for office more public money delaying felony DWI implementation. for schools to deal with any damage they for their campaigns. The amendment also reduces over $1 may experience due to budget cuts. The million in appropriations made to the In return for lower contribution limits, amendment was adopted. S.F. 388, carried by Sen. John Hottinger Departments of Corrections and Public Sen. Richard Cohen (DFL-St. Paul) Safety, as well as to the Board of Public (DFL-Mankato), provides candidates for Defense and the Office of the Attorney presented an amendment dealing with the constitutional office or the Legislature General. Kiscaden said the amendment moratorium on consultant contracts in with public money for their campaigns saves the state money. Sen. Dave Kleis (R- certain state departments and entities. equal to about 80 percent of their total St. Cloud), however, spoke against the Under the amendment, a contract is also campaign spending limit. Also called the proposal. He said it sends the wrong prohibited if the contract is used to replace Fair and Clean Elections (FACE) Act, the message if the state is to “get tough” on a position made vacant as a result of the bill requires candidates to raise a certain repeat DWI offenders. The amendment hiring freeze established by the first budget number of contributions, in amounts was not adopted. bill. The amendment was not adopted. between $5 and $50, to be eligible for the
8 public subsidy. The measure defines Sen. Dick Day (R-Owatonna) agreed that enables communication between law “independent expenditure” and allows with Terwilliger. He said that there were enforcement agencies, fire departments, candidates to receive an additional no examples of overspending in the last fire stations and hospitals. Kelley said the subsidy to match independent expendi- election, that Minnesota politics is mostly bill raises approximately $44.3 million in tures, prohibits political parties from fair and honest and that the issue is not a 2004. accepting contributions of more than concern of his constituents. Kiscaden said she was concerned that $10,000 from an individual or association “This is the lowest priority in my the service charge is invisible to the per election cycle and prohibits political district,” he said. “I don’t even know if I consumer. She also said there are several action committees from accepting more get any calls on it.” similar bills circulating, and they should than $1,000 each year in contributions Hottinger said he agreed that Minne- be looked at together, not sequentially, to from an individual. Public television and sota politics is generally clean. However, decide on the best course of action. radio stations are also required to provide he said the public does not share that Kelley said he understood Kiscaden’s free air time for participating candidates. perception, and something should be done concern regarding the circulation of The bill establishes spending limits of $1.9 to address the perception. He also said several similar bills, but he added that the million for gubernatorial candidates, something should be done to ensure that bill is an attempt to fix that problem. He $375,000 for Attorney General, Secretary the integrity of Minnesota elections are said the bill centralizes services and of State and State Auditor candidates, maintained. databases, and connects various agencies $46,250 for Senate candidates and “We have to deal with the public together. $23,125 for House candidates. The bill perception that we are somehow in the “This bill is an effort to see all the also allows political parties to contribute pockets of somebody else,” he said. If pieces together,” he said. to a candidate up to 25 percent of the size nothing is done, he added, “I think we feed Kelley offered an amendment that of the public subsidy. The bill specifies into that perception.” requires the fee to be shown as a separate that the program is voluntary–a candidate The bill was not adopted by a vote of line item on the telecommunication can choose not to participate–and costs an 16 to 13. services bill. The amendment was average of $13 million per biennium, Sen. James Metzen (DFL-South St. adopted. The bill, however, was laid over about twice what is currently spent on Paul) carried S.F. 2392, which makes a for further discussion. campaigns in the state. Hottinger said the number of changes to the provision of Sen. LeRoy Stumpf (DFL-Thief River bill establishes a strong public effort to emergency 911 services. The bill requires Falls) carried S.F. 3132. The bill autho- finance elections in the state. the Department of Administration to focus rizes the Northern Counties Land Use Sen. Sheila Kiscaden (R-Rochester) on the operation and maintenance of 911 Coordinating Board to initiate a pilot asked why the spending limits–which are services instead of design standards, no project to promote cooperative efforts less than the current level–are so low. She longer requires that the Public Utilities among county, state, federal and local said the low spending limits create an Commission approve payments to service units of government and Canadian incentive not to participate in the state providers of 911 services before the officials regarding land use management program. department issues reimbursements and issues. Under an adopted amendment, “I’m just concerned the spending authorizes competitive local exchange offered by Sen. David Knutson (R- limits are not realistic,” she said. carriers (CLECs) to receive payment for Burnsville), the project is sunset on June Hottinger said the limits are lower 911 services rendered. The bill was 30, 2004. The bill was approved and sent than what is currently allowed because most candidates don’t spend that much approved and sent to the Senate floor. to the Senate floor. money on their campaigns. He said Sen. Steve Kelley authored S.F. 2707, S.F. 3140 was authored by Sen. Twyla lowering the limit frees up state money to which increases the real estate registration Ring (DFL-North Branch). The bill allows be used in more hotly contested districts, fee surcharge to fund the real estate task employees of a private employer contract- where a candidate may need additional force. The bill was approved and sent to ing with an elementary or secondary funding to deal with independent expen- the Senate floor. school to earn wage credits for unemploy- ditures. He also said a candidate who Kelley also presented S.F. 3205. The ment benefits if those credits are earned decides not to use public subsidies for a bill creates the public telecommunications during the school year for employment campaign isn’t affected by any spending fund by imposing a fee of 1 percent of the related to food services provided at the limit. gross receipts from retail sales of telecom- school. The bill was approved and sent to Several Senators said they saw no munications services. Under the bill, the the Senate floor. reason for the bill. Sen. Roy Terwilliger telecommunications account is required to Sen. Richard Cohen (DFL-St. Paul) (R-Edina) said he didn’t believe that there fund the learning network of Minnesota– carried S.F. 2859, which changes the time were many problems in Minnesota which in the past was funded through the for the submission of the governor’s budget elections. He said elections in the state are Higher Education Services Office to the Legislature from the fourth Tuesday not generally influenced by money. (HESO)–and the telecommunication in January in each odd numbered year to “It seems to me that you’re chasing a access revenue program, regional library January 15. The bill was approved and problem that doesn’t exist at the state telecommunication aid and any shortfall sent to the Senate floor. level,” he said. “I do not believe that in 2003 in the MNLink program. The Hottinger also authored S.F. 2669. elections have been bought and paid for, account also provides grants for a hospital The bill, also called the Minnesota or that there’s anything wrong with the emergency communications network and Emergency Health Powers Act, arose system that we have now.” grants for an emergency response network because of and is designed to deal with
9 Committee update
From left, Senators Leo Foley (DFL-Coon Rapids), Jane Krentz (DFL-May Township), Becky Lourey (DFL-Kerrick), Ellen Anderson (DFL-St. Paul) and Sandra Pappas (DFL-St. Paul) gather around a laptop computer on the Senate floor Wed., Mar. 13. Photo by David J. Oakes potential bioterrorism concerns. The During the Wed., Mar. 13, hearing, local election officials to appoint election measure clarifies the process and outlines Scheid said the subject of recruiting judges without a party label will allow the the criteria for declaring a public health enough election judges to meet the state’s officials greater recruitment flexibility. emergency and provides a list of the needs has been discussed for at least 15 Patty O’Connor, Blue Earth County, powers and duties of the governor in a years. Securing election judges is a said rural Minnesotans are extremely declared emergency. According to difficult task for local election administra- politically independent. When potential Hottinger, provisions in the bill are paid tors, she said, especially because many judges are told they must designate a party, people do not want to publicly affiliate they object strongly, she said. “I get a lot of for with federal funds. The bill was with a major party. She said some elections heat, and that’s putting it lightly,” approved and sent to the Senate floor. judges will randomly select a party O’Connor said. affiliation, a practice Scheid called “What matters most is public confi- Rules and Administration ridiculous. Dorothy McClung, Ramsey dence in the process we have,” said County, said many election judges are Secretary of State Mary Kiffmeyer. The Election judges bill gains aging and ready to retire from service. She law requiring election judges to designate A brief hearing of the Rules and said the practice of recruiting judges is to a party and requiring election officials to Administration Subcommittee on Elec- start with lists of volunteers forwarded by ensure that a polling place is not domi- tions, chaired by Sen. John Hottinger the major parties. The lists, McClung said, nated by judges of one party, she said, was (DFL-Mankato), resulted in approval of a never contain enough names. She said enacted to ensure public confidence in the bill allowing election judges not to discussions with professional opinion process. The appearance of impropriety is designate a major party affiliation. The pollsters have indicated that 35 to 40 devastating to the elections process, bill, S.F. 2950, was carried by Sen. Linda percent of Minnesotans routinely refuse to Kiffmeyer said. She said that voters cannot Scheid (DFL-Brooklyn Park). designate a party affiliation. Allowing be certain, if the bill passes, that the
10 nonpartisan judges at their polling place unemployment funds, and the amounts are based fee structure. The bill was approved truly are of no party. not adequately being replenished. Accord- and sent to the Finance Committee. S.F. 2950 was approved and advanced ing to Anderson, the bill amends the to the Rules and Administration Commit- definition of taxable wages from 60 to 70 Taxes tee. percent of the state’s average annual wage, increases the workforce enhancement fee Stadium debate moves on State Government, from .09 to .12 percent of taxable wages, In the final inning of the Tax and increases the amount to be deposited Committee’s debate over public financing Economic Development and into the workforce development fund from of a new baseball stadium Thurs., Mar. 7, the Judiciary Budget .07 to .1 percent of taxable wages. The bill the group voted in favor of a measure that also allows a special “solvency surcharge” allows the state to raise taxes to cover half Division of 2 to 8 percent on quarterly unemploy- of the cost of the new facility. ment taxes that will generate enough Reservists salaries augmented The stadium financing plan, outlined income to pay the interest due the follow- in Sen. Dean Johnson’s (DFL-Willmar) S.F. A proposal to compensate for the ing year on any loan from the federal 1857, includes the creation of a sports differential between military pay and state unemployment trust fund. facilities account to fund the construction workers’ salaries when workers are called Speaking in opposition to the bill, of a up to half, or $370 million, of the cost to active military duty took another step Minnesota Chamber of Commerce of a stadium. The account is funded closer to final passage in the State Govern- representative Tom Hesse said it isn’t the through several revenue sources listed in ment, Economic Development and the time to increase taxes. “The bill is not the the bill. The greatest source of money, a 13 Judiciary Budget Division meeting held right recipe to get the economy in Minne- percent gross receipts tax on sports Thurs., Mar. 7. Bill sponsor, Sen. Don sota going,” Hesse said. An AFL-CIO memorabilia, raises $13 million. The funds Betzold (DFL-Fridley), said S.F. 2991 also official said the organization supports the raised through the sale of the Metrodome, provides for workers’ medical benefits and bill in its entirety. Sen. Douglas Johnson allows local officials to extend the same (DFL-Tower) suggested the bill be rights to air games played in the stadium benefits to their employees. A Department included in the proposals for phase two of on television, and the naming rights to the of Finance official said the costs of the the budget process. The bill was laid aside. facility are also put into the account. An program are minimal. The bill was Sen. Steve Kelley (DFL-Hopkins) additional 10 percent stadium admission recommended to pass and sent to the carried S.F. 3205, a bill that creates a tax and an additional 6.5 percent tax on Finance Committee. public telecommunication services fund. in-stadium sales of food, souvenirs and Sen. Ellen Anderson (DFL-St. Paul) The new fund addresses current educa- other items is authorized by the bill. The brought forth two bills for discussion. The tional telecommunications needs, Kelley bill also places a $1 surcharge on car first, S.F. 2652, authorizes a $1.1 million said, as well as extends funding to organi- rentals to bring funds into the account. appropriation for a family homeless zations who need emergency services, such The measure authorizes several local prevention and assistance program. “We as hospitals. Kelley offered an amendment option sales tax for the community chosen want to put on public record the need that that establishes a 1 percent fee on retail to host the stadium. The host community, exists for this program and that the need is sales of telecommunications services to the bill states, may raise sales taxes on only growing worse,” said Anderson. sustain the telecommunications services food, beverages and entertainment up to 3 “If we can’t put money into the fund. The amendment was adopted. The percent, place a $2 ticket surcharge on program,” Anderson said, “we will pay for bill allows a stable funding source to sports events and a $2 surcharge on it one way or another.” create a statewide high speed data network parking to pay for the stadium. The bill Michael Dahl from the Minnesota for high schools, Kelley said, and allows specifies that the Baseball Site Commis- Coalition for the Homeless said the higher education institutions to expand sion, composed of one member from each program ensures fewer people will fall into bandwidth to meet the growing demand. congressional district, chooses a stadium homelessness. Dahl said the program is Between $43 and $48 million will be location anywhere within the Metro Area. administered on a local basis to allow each generated from the phone bill surcharge, Many testifiers argued against raising city to devise its own strategy to fight Kelley estimated. taxes and allowing surcharges to pay for homelessness in the community. The Hesse said the Minnesota Chamber of the stadium. Tom Goldstein said, “I can’t prevention rate for similar programs is from Commerce has no position on the bill, but believe the Twins can’t afford to build a 80 to 100 percent, said Dahl. He added the is concerned the fees will undoubtedly be ballpark for themselves. We need to find program is only for people who have passed on to consumers. Randy Young of out why they can’t do it.” exhausted every other resource. The bill the Minnesota Rural Telecom Associa- Mike Taft, from Progressive Minne- was laid aside. tion, however, was opposed to the pro- sota, said, “The state needs to show the The other Anderson bill, S.F. 2462, posal. “The phone bill is not the right same creativity in finding solutions for the increases contributions to unemployment mechanism to achieve those goals, nor is housing crisis and education financing insurance funds by increasing the total the 1 percent surcharge appropriate. A shortfalls as it does when finding funding taxable wage base and total taxable wages. more precise funding mechanism is for a stadium.” Anderson said the number of recent layoffs necessary, preferably a pennies-per-month Committee Chair Lawrence of Minnesota workers have created low line charge,” Young said, referring to a Pogemiller (DFL-Mpls.) said, “The balances in the dislocated worker and standard line charge rather than percentage committee understands that education is a
11 Committee update higher priority than baseball.” He said the St. Paul library plan approved on commercial or industrial property for committee had been working hard to The city of St. Paul is allowed to up to 20 years. address housing and education issues establish a separate library agency with Sen. William Belanger (R- throughout the season. levy authority according to a bill that was Bloomington) said he was troubled by the Sen. Sandra Pappas (DFL-St. Paul) approved by members of the Tax Commit- provisions because there are no figures for offered an amendment that makes a local tee Tues., Mar. 12. S.F. 3245 was brought the potential fiscal impact and because the referendum mandatory before a commu- to the committee by Sen. Richard Cohen state doesn’t have the money to spare for nity may impose a local option sales tax to (DFL-St. Paul), who said the proposal the programs. Department of Revenue fund stadium construction. The referen- mirrors the successful library system in official Jenny Engh said fiscal impact dum must be held June 4, 2002, as stated Minneapolis. St. Paul City Council projections are difficult because the in the amendment. Pappas said that date member Pat Harris said the bill not only department doesn’t know how many was chosen so that communities wishing to creates greater private sector involvement companies would take advantage of the host the stadium may have adequate time and tax accountability, but also allows St. programs. to submit a proposal before the end of the Paul libraries to focus more on their Mankato Assistant City Manager Dan Twins’ contract. mission. Ramsey County Commissioner Jordet said the property tax abatement “To do a referendum takes us away Sue Haigh, testifying as a member of the extension is critical to help his city get from our representative form of govern- Friends of the St. Paul Library, said the bill improved access to main transportation ment,” said Sen. William Belanger (R- doesn’t request more money from state, but corridors. “The abatements allow us to Bloomington.) “We are saying we won’t rather allows libraries to ask the St. Paul spread the cost of infrastructure projects make the decision and the voters should City Council, acting as Library Board, to over a longer period,” Jordet said. An do it themselves.” increase levies when appropriate. An amendment was adopted that limits the Pappas said referendums are not amendment was adopted that removes an types of property eligible for the tax uncommon and noted that every school exclusion of the library agency from levy exemption provision. levy must be brought before the voters. limits. The bill was approved and incorpo- Regarding the property tax exemp- Sen. Linda Scheid (DFL-Bloomington rated into the omnibus tax bill. tion, Engh said the department has never Park) said the referendum does not take Sen. Gen Olson (R-Minnetrista) seen the Legislature delegate the ability to into account the opinions of Minnesota carried S.F. 3428, a bill that makes owners determine any state tax exemptions to residents outside the host community. of taxable property who lease space to local government. Engh added the “The Twins don’t belong only to one school districts for classroom instruction auditing process for the department for the community,” she said, “they belong to the eligible for a tax exemption provided the income tax provision related to Minne- entire state.” owners reduce the lease amount to the sota-only sales would be extremely “There has already been a referen- schools by the same amount of the difficult. dum,” said Sen. John Marty (DFL- exemption. Speaking in favor of the bill, The bill was laid aside. Roseville). “In fact,” he said, “There have Michael Looby from Westonka Public been two.” He said Minneapolis and St. Schools said the bill saves money for Income and Sales Tax Paul have had referendums on the stadium growing districts who are forced to lease issue in the past five years, and both had commercial space. He added only owners Budget Division failed. “Are we interested in what the who charge market rates and provide all of public really wants,” he said, “or are we the required information to the assessor are Division sets priorities going to doctor the referendum up and try eligible for the exemption. The bill was Members of the Income and Sales Tax to guarantee an outcome?” also approved and included in the Budget Division assembled Thurs., Mar. 7, “Our voters have a good understand- omnibus tax bill. to whittle down the inventory of over 50 ing of the stadium issue,” said Pogemiller. A economic stimulus package for bills heard by the division this session and “If the proposal is good enough to tax food Greater Minnesota was carried by Sen. create a short list of recommended bills to and liquor in our cities, then people will Don Samuelson (DFL-Brainerd). Coalition be further considered by the Tax Commit- vote for it. If the proposal isn’t good for Greater Minnesota Cities representa- tee. enough to pay for, they won’t vote for it,” tive Tim Flaherty described the four main The division voted to recommend he said. provisions of the bill. Flaherty said the bill three measures that reverse effects of the The committee adopted the amend- includes a regional investment network Streamlined Sales Tax Act, which became ment mandating a referendum. credit that allows investors to receive a 25 law last year. The act, part of a nationwide Marty then offered an amendment percent credit for investing in a local effort to establish uniform tax definitions that commits all the proposed sources of venture capital fund for emerging and among states to facilitate the taxing of revenue for the sports facilities account growing businesses. The bill also extends online sales, has had several unintended toward education. “If these taxes are truly the duration limit for property tax abate- consequences, Division Chair Don Betzold painless taxes,” he said, “let’s use them for ment from the current 10 or 15 years to 20 (DFL-Fridley) said. The most frequently education.” The amendment failed on a 7- years, he said. Income taxes are based debated result of the act has been the 20 vote. solely on sales in Minnesota under another taxing of bakery items bought in bakeries. The committee voted 17-10 in favor provision in the bill, Flaherty continued, Under the act, the same bakery items, of the stadium bill. The measure was and Greater Minnesota cities are allowed made by the same baker, are not taxed forwarded to the full Senate. to grant exemptions from state property tax when bought at other grocery or conve-
12 As debate on a Twins stadium bill enters its sixth hour Wed.,Mar. 13, from left, Senators Michele Bachmann (R-Stillwater), Debbie Johnson (R-Ham Lake) and Grace Schwab (R-Albert Lea) converse on the Senate floor. Photo by David J. Oakes nience stores. The “bread tax” is due to the other food products from sales tax. The in the installation, but if the CD player is definition of prepared foods as goods measure carries a $7.6 million price tag. installed by a different business, the created by mixing ingredients on the The division endorsed a second of installation is not taxed. The Dept. of premise where they are sold. Rest’s measures dealing with the stream- Revenue estimates the bill will bring in Sen. Chuck Fowler (DFL-Fairmont) lined sales tax. S.F. 3303 exempts the $3.2 million in revenue. offered a bill, S.F. 2810, which restores the delivery of concrete blocks and aggregate Two other sales tax exemptions were state’s traditional definition of prepared materials from sales tax for projects with approved by the division. S.F. 3396, foods. Betzold said the measure destroys contracts in effect before the streamlined authored by Sen. David Tomassoni (DFL- the conformity that the streamlining act sales tax was enacted. Betzold said the tax Chisholm), exempts energy efficient builds among states and risks making the on delivery for construction projects were propane furnaces and water heaters. Sen. state ineligible to institute a tax on online not figured into contracts made before the Steve Murphy (DFL-Red Wing) said the sales, which would bring in millions of act was passed and have made estimated sales of efficient natural gas and fuel oil dollars in revenue. costs obsolete. The bill has a negligible furnaces are already exempt and exempt- The members voted to recommend fiscal impact. ing propane furnaces increases tax equality Sen. Ann Rest’s (DFL-New Hope) mea- The final streamlined sales tax related among the products. S.F. 3057 exempts sure, S.F. 2640, to the Tax Committee as bill, S.F. 3418, authored by Sen. Steve construction materials, supplies, equip- the division’s solution to the “bread tax.” Kelley (DFL-Hopkins), extends the sales ment and machinery for a meat packing Instead of changing the definition of tax to installation charges, if the charge to and treatment facility in Albert Lea. Sen. prepared food as Fowler’s measure does, install an item would be taxed if installed Grace Schwab (R-Albert Lea) said the bill, the bill keeps the uniform definition but by the original seller. Betzold said cur- which she sponsored, is needed to encour- creates an exemption for bakery items. The rently when a store that sells a car CD age the reconstruction of a meat packing bill also exempts uncooked meats and player installs the player, it must charge tax plant that recently burned down in her
13 Committee update community. She said without the plant The division endorsed all of the local Sen. Douglas Johnson (DFL-Tower) hundreds of jobs would be lost. Sen. Bob sales taxes requested in bills heard by the carried three bills. S.F. 3280 converts the Kierlin (R-Winona) said that the Dept. of members. The measures authorize local Northeast Economic Trust Fund from a Revenue’s $1.2 million estimate of option sales tax increases in Hermantown, temporary status to a permanent status. decreased revenues is not accurate. He said Medford, Albert Lea, Ely, Rochester and Under current law, expenditures cannot be if the plant is not built the state will also Bloomington. made out of the corpus of the fund without lose revenue, because taxes could not be The members also okayed all measures Legislative approval. Interest earned can collected from the plant or its workers. heard by the division that make technical be used by the Iron Range Resources and The division also okayed an aggregate changes to income and sales tax policies. Rehabilitation Board (IRRRB) for materials removal fee for the Metro Area, The bills approved by the division to regional economic development. After which is established in Murphy’s S.F. the Tax Committee create a net loss of June 30, 2003, however, the entire fund 3179, and approved the removal for an revenue of over $6 million, based on Dept. will be available for expenditure by the appropriations cap for casino counties of Revenue estimates. IRRRB. Johnson said board members have tribal tax agreement payments. Sen. Claire expressed concerns about having a Robling (R-Prior Lake) said the bill, S.F. permanent fund available. The bill 802, is necessary because counties are Property Tax Budget continues current practice for fund quickly reaching the limit. Fowler’s Division expenditures indefinitely. measure, S.F. 3166, was also approved by A bill to create a Cook County the committee. The bill exempts agricul- Range bills okayed Hospital District, S.F. 2464, was also tural production loans for seeds, equip- Members of the Property Tax Budget authored by Johnson. He said the district ment, livestock and other farming materi- Division, chaired by Sen. Don Samuelson was accidentally eliminated in 1996, after als from mortgage registration and deed (DFL-Brainerd), approved eight bills for being created in 1989. S.F. 2944, the final tax. The Dept. of Revenue estimates that consideration by the Tax Committee. Four Johnson bill, allows Cook County to use the bill would have a revenue loss of a of the bills–heard Mon., Mar. 11–ad- taxes levied on unorganized territories for half-million dollars. dressed issues in Northeastern Minnesota. road and bridge purposes in any area of the
Children from the Capitol Child Care Center closely examine an exotic species of centipede during the Minnesota Zoo’s annual appearance in the Capitol Rotunda Mon., Mar. 11. Photo by Shelley Hawes
14 county, not just in the unorganized Neuville said S.F. 3114 has a provision to restrictions from Hennepin County to lease territory from which the money was charge a $20 fee for license reinstatement. property and build parking ramps. Sen. collected Department of Public Safety official Don John Hottinger (DFL-Mankato) carried A bill exempting a proposed electric Hesch said the reinstatement fee is to cover S.F. 2572, a bill that authorizes the generation facility in Hoyt Lakes from the the costs of additional staff needed to establishment of a specific non-profit personal property tax, S.F. 3358, was process the licenses. The bill was recom- corporation in Development Region Nine. offered by Sen. James Metzen (DFL-South mended to pass and sent to the Finance Hottinger also carried S.F. 2953, a bill that St. Paul). Committee. regulates real estate appraisals and prohib- Sen. Ann Rest (DFL-New Hope) Sen. Jane Ranum (DFL-Mpls.) carried its excess insurance on property. sponsored S.F. 3374. The measure pro- S.F. 2683, a bill that contains provisions Other bills that gained final passage vides that an assessor must reduce, by the for homeland security and anti-terrorism included S.F. 2578, carried by Sen. property’s restricted use value, the value of initiatives. Ranum said the relevant items Deanna Wiener (DFL-Eagan), which low-income rental housing, considered for the committee were contained in the provides for client-directed support “class 4d.” The restricted use value is appropriations section of the bill, but the programs at the county level. S.F. 1030, computed by computing the market value numbers had not been finalized. Ranum carried by Sen. Charles Wiger (DFL-North reduction that results from restrictions on pledged the numbers will be finalized St. Paul), provides for an electronic the property on its uses as class 4d property. before the bill leaves the Finance Commit- information sharing system between S.F. 2742, carried by Sen. Twyla Ring tee. The bill was recommended to pass and federal and state governments to access (DFL-North Branch), repeals a special law sent to the Finance Committee. criminal history data. Betzold carried S.F. from the 2001 tax bill authorizing Chisago A bill that provides a list to 2448, a bill that provides for disclosure by City to provide reimbursement for orderly telemarketing companies of individuals the Department of Public Safety of annexation of property to the town of who seek to limit unsolicited telephone personal data related to the operation of a Wyoming for a period and in the amounts calls was brought before the committee. motor vehicle. S.F. 2963, carried by Rest, agreed to by the city and town under a Sen. Richard Cohen (DFL-St. Paul) said transfers the duties of the state treasurer to joint powers agreement. S.F. 3246 puts the onus on the approxi- the commissioner of finance. S.F. 2795, Sen. Dallas Sams (DFL-Staples) mately 1,000 telemarketers in the state to sponsored by Sen. John Marty (DFL- carried a bill, S.F. 3437, permitting Detroit eliminate unwanted calls. Two amend- Roseville), increases sanctions for human Lakes to pool available increments from ments were adopted, one that decreases rights violations. S.F. 2680, carried by Sen. all of the city’s tax increment financing fees to telemarketing companies in later Warren Limmer (R-Maple Grove), (TIF) districts to meet debt service years and another that exempts telecom- modifies several provisions in the energy obligations of a specific TIF district in the munications companies who serve less code, including adding a member to the city. Sams also sponsored S.F. 3334, which than 50,000 customers. The bill was Construction Codes Advisory Council. recommended to pass and sent to the decreases the class rate on the first Foley sponsored S.F. 2533, a bill that $115,000 of market value of agricultural Finance Committee. allows counties to collect room and board homestead land to 0.35 percent from 0.55 expenses from offenders who have been percent. Floor update convicted of a crime and confined in county facilities S.F. 3080, carried by Rest, Transportation and Public Friday, March 8 modifies provisions related to preneed funeral trust accounts. Safety Budget Division Businesslike session held Sen. Myron Orfield (DFL-Mpls.) Members devoted a majority of the sponsored S.F. 3147, a bill that modifies Various bills gain Fri., Mar. 8, floor session to final passage of the statewide affirmative action program. In other action, the Transportation several bills on the Senate Calendar and S.F. 2638, carried by Foley, classifies the and Public Safety Budget Division preliminary approval of bills on General employment of runners to procure clients considered several other bills during its Orders. involving motor vehicle insurance as a Thurs., Mar. 7, hearing. Bills granted final passage included felony. Sen. James Metzen (DFL-South St. Agents seeking to represent student S.F. 2419, authored by Sen. Arlene Paul) carried S.F. 3117, a bill that athletes are required to register in the State Lesewski (R-Marshall), that clarifies the provides for the disposal of interceptor of Minnesota under the Uniform Athlete use of wading pools at day care settings. facilities. Foley also carried S.F. 3124, a Agents Act, carried by Sen. Deanna Sen. Don Betzold (DFL-Fridley) carried bill that modifies nursing home resident Wiener (DFL-Eagan). Weiner said S.F. H.F. 58, a bill that requires retailers to reimbursement classifications and clarifies 2827 provides protection to both students maintain records of the sale of beer kegs minimum nursing staff requirements. S.F. and universities regarding agents’ activi- and to record the identification number of 2960, sponsored by Sen. Debbie Johnson ties. The bill was recommended to pass beer kegs sold. S.F. 2580, carried by Sen. (R-Ham Lake), requires employers to and sent to the Finance Committee. Leo Foley (DFL-Coon Rapids), includes allow unpaid leave to employees to A bill that allows a limited license to several crime provisions, including making perform volunteer firefighter duties. S.F. be granted to individuals who have had the possession of controlled substances 3084, carried by Rest, modifies certain their license revoked due to non-payment around children a form of child endanger- state and local auditing procedures and of child support was carried by Sen. ment. S.F. 2568, sponsored by Sen. Ann reporting practices. Betzold carried S.F. Thomas Neuville (R-Northfield). Rest (DFL-New Hope), removes certain 2949, a bill that expands and modifies
15 Floor update procedures for background checks. S.F. Commerce. S.F. 2612, carried by Sen. S.F. 3345, carried by Tomassoni, 3231, also sponsored by Betzold, deter- Dave Kleis (R-St. Cloud), authorizes regulates credit scoring procedures. S.F. mines that nondesignated addresses on private vehicles escorting funeral proces- 3026, carried by Kelley, regulates the license applications are not public data. sions to use flashing red lights. Sen. Linda provision of interstate telemedicine S.F. 3257, carried by Sen. Yvonne Prettner Higgins (DFL-Mpls.) carried S.F. 1555, a services. S.F. 3136, sponsored by Lesewski, Solon (DFL-Duluth), adds an exception to bill that preempts local regulations of modifies various provisions related to conflict of interest provisions related to fertilizers and plant foods used in agricul- workers’ compensation. Kelley carried S.F. housing and redevelopment authority tural production. S.F. 3034, carried by 3174, a bill that amends the Money officers. S.F. 3331, carried by Sen. Linda Robertson, allows Hennepin County to Transmitter Act. S.F. 2783, carried by Berglin (DFL-Mpls.), removes the cost of contract with a public or private coopera- Scheid, regulates residual liability cover- obtaining health records when applying tive purchasing organization under certain age relating to no-fault auto insurance. S.F. for a disability benefits program. S.F. 3145, conditions. S.F. 2998, carried by Sen. 2970, carried by Foley, requires mechanics carried by Foley, amends and repeals Becky Lourey (DFL-Kerrick), waives the to repair or replace air bags when repairing certain state codes related to the military. written case presentation and oral exami- collision damage to a motor vehicle. S.F. S.F. 3167, carried by Betzold, allows access nation component of the licensing 2516, carried by Sams, clarifies the to data to determine the appropriateness of requirements for certain alcohol and drug definition of pastures for the purpose of a petition of civil commitment as a counselors. animal feedlot regulation. Metzen spon- sexually psychopathic or sexually danger- Acting as the Committee of the sored S.F. 2739, the omnibus liquor bill, ous person. Whole, the Senate granted preliminary which includes a provision exempting H.F. 2742, also carried by Betzold, passage to the following bills on General hotel honor bars from hours of sale regulates contested case procedures. S.F. Orders. S.F. 3256, carried by Sen. Dan restrictions. S.F. 2403, carried by Higgins, 2768, sponsored by Sen. Bob Lessard Stevens (R-Mora), modifies limits on the allows the Minneapolis Park Board to (IND-Int’l. Falls), changes provisions in sale of prepared foods at community lease a certain parcel of property along the the Medical Assistance demonstration events or farmer’s markets. S.F. 2875, Mississippi River. project and adds requirements for two sponsored by Sen. Mee Moua (DFL-St. prepaid Medical Assistance programs. S.F. Paul), establishes an environmental sustainability policy. S.F. 1189, carried by Monday, March 11 2769, also carried by Lessard, increases the Sen. Michele Bachmann (R-Stillwater), allowed per capita spending limit for requires the election of municipal council Biodiesel bill passed promotion of tourist, agricultural and members after certain annexations. S.F. Debate on a bill mandating the use of industrial development for four northern 3293, sponsored by Sen. Satveer biodiesel fuel after June 30, 2005, marked counties. S.F. 3101, carried by Sen. Don Chaudhary (DFL-Fridley), transfers three the floor session Mon., Mar. 11. The Samuelson (DFL-Brainerd), facilitates state highways and vacates one state mandate, contained in the conference construction for a new rest area on state highway. S.F. 3168, carried by Stevens committee report on S.F. 1495, provides highway No. 371. S.F. 3190, sponsored by allows bidding exceptions for certain that after the June 30, 2005, date and after Sen. Jane Ranum (DFL-Mpls.), requires the water tank contracts. An amendment was other conditions are met, all diesel fuel Juvenile Court to send data relating to adopted that allows a local individual to sold in Minnesota must contain at least 2 juvenile petitions to the statewide operate a water tower. Tomassoni carried percent biodiesel fuel oil. The other supervision system. Berglin carried S.F. H.F. 1620, a bill that strengthens the effect conditions are that the annual capacity in 3100, a bill that establishes tribal health of an orderly annexation agreement. S.F. Minnesota for the production of biodiesel professionals as medical assistance provid- 3133, sponsored by Stevens, requires fuel oil exceeds 8 million gallons and ers and amends provisions related to legislative approval before the commis- federal action on taxes imposed, tax managed care regional rates. S.F. 2752, sioner of health adopts certain new or credits or otherwise, creates a reduction in carried by Sen. Martha Robertson (R- amended rules to the Minnesota Clean the price of 2 cents or more per gallon on Minnetonka), allows design-build Indoor Air Act. S.F. 2430, carried by taxable fuel that contains at least 2 percent contracts in Hennepin County. S.F. 3073, Wiger, allows higher education students in biodiesel. carried by Sen. David Knutson (R- the state system to rent textbooks. Foley Sen. Steve Murphy (DFL-Red Wing), Burnsville), clarifies the standard for a carried S.F. 3126, the Department of chief author of the bill, said the measure misdemeanor violation of an order for Human Services technical bill. S.F. 1072, contains exemptions for nuclear power protection or no contact order related to sponsored by Lessard, establishes “Grace” plants, railroad locomotives and taconite domestic abuse. S.F. 3184, carried by Sen. as the state photograph. S.F. 2540, carried and copper mining machinery. David Tomassoni (DFL-Chisholm), by Betzold, changes certain probate and Murphy said a recent Metro Transit modifies provisions governing road power of appointment provisions. S.F. study that concluded the mandate would inspections, first hauls and weight allow- 2458, carried by Sen. Dallas Sams (DFL- add up to 8 cents per gallon to the cost of ances for commercial motor vehicles. Staples), prohibits presenting false diesel fuel had been redone and that the Sen. Steve Kelley (DFL-Hopkins) information for purposes of certain new figures indicated the mandate will carried S.F. 3115, a bill that regulates state background studies. S.F. 2422, sponsored add only 1 or 2 cents to the cost per gallon. energy saving contracts. S.F. 3015, carried by Sen. Michelle Fischbach (R- Murphy said the original study pertained by Sen. Linda Scheid (DFL-Brooklyn Paynesville), allows ten business days for to the costs of biodiesel fuel in 55 gallon Park), establishes a division of insurance dealers to submit title transfers and clarifies drums, rather than the cost via pipeline. fraud prevention within the Department of base value calculations. He said increased the increased cost
16 argument against the mandate is still a The conference committee report was S.F. 2458, authored by Sen. Dallas Sams viable argument, but that the issues are adopted and the bill repassed on a 53-11 (DFL-Staples), prohibits presenting false being worked through. roll call vote. information for purposes of background Sen. Jim Vickerman (DFL-Tracy) studies. S.F. 2783, sponsored by Sen. urged support of the measure and said, Bills granted final passage Linda Scheid (DFL-Brooklyn Park), “We have to figure out a way to not be In other action, Senators granted final regulates residual liability coverage under obligated to foreign countries for our fuel passage to bills on the Senate Calendar no-fault auto insurance. supply.” and the Consent Calendar before turning S.F. 2970, authored by Sen. Leo Foley Sen. Twyla Ring (DFL-North Branch) their attention to bills on General Orders. (DFL-Coon Rapids), requires motor added that biodiesel is the only fuel that S.F. 2433, authored by Sen. Don vehicle collision repair to include air bag meets new federal requirements. Sen. Betzold (DFL-Fridley), defines the crimes repair or replacement. S.F. 3026, carried Steve Dille (R-Dassel) also spoke in of sexual conduct in the third and fourth by Sen. Steve Kelley (DFL-Hopkins), support of the bill and said the measure is degrees to include persons who sexually regulates the provision of interstate expected to generate $200 million to penetrate vulnerable adults and who are telemedicine services. S.F. 2403, spon- $500 million in economic benefit to the agents of special transportation service sored by Sen. Linda Higgins (DFL-Mpls.), state. Sen. Dan Stevens (R-Mora), said, providers. S.F. 3204, carried by Sen. authorizes the Minneapolis Park and “The debate on biodiesel reminds me of Thomas Neuville (R-Northfield), specifies Recreation Board to lease a specific the ethanol debate, but ethanol has turned that a county agency is not required to property for the repayment of certain state out to be one of the state’s best success provide income support or cash assistance bond expenditures. S.F. 2739, carried by stories.” when specified state programs fail to do so. Sen. James Metzen (DFL-South St. Paul), is
Sen. Claire Robling (R-Prior Lake) addresses Chaska High School students as part of their tour of the Capitol Wed., Mar. 13. Photo by David J. Oakes
17 Floor update the omnibus liquor bill and creates new Cemetery to the Grand Portage Reserva- United States. The amendment was ruled liquor licenses and modifies the minimum tion. H.F. 3202, sponsored by Sen. Gen not germane. distance from state universities require- Olson (R-Minnetrista), increases the An amendment, offered by Sen. Don ment. Delano Public Utilities Commission from Betzold (DFL-Fridley), requires districts to S.F. 2516, sponsored by Sams, clarifies three to five members. H.F. 2629, carried set aside time each week for civics the definition of pastures for purposes of by Sen. Warren Limmer (R-Maple Grove), education instead of a weekly Pledge animal feedlot regulations. S.F. 2430, allows retired individual licensed by the recital. The amendment defines civics carried by Sen. Charles Wiger (DFL-North Board of Architecture, Engineering, Land education as including discussion of St. Paul), requests the U of M and MnSCU Surveying, Landscape Architecture, patriotic songs, U.S. history, the Constitu- to complete a study allowing students to Geoscience and Interior Design to use a tion and Declaration of Independence and rent instructional materials. S.F. 3174, retired professional designation. H.F. current events. carried by Kelley, creates a small business 3309, carried by Sen. Cal Larson (R-Fergus Sen. Dan Stevens (R-Mora) said the category under the Money Transmitters Falls), modifies provisions of licensed beds amendment sets the curriculum for schools. Act. S.F. 2875, authored by Sen. Mee on layaway status. Legislators should not be micro-managing Moua (DFL-St. Paul), establishes an H.F. 2637, carried by Vickerman, school districts, he said. Sen. Sheila environmental sustainability policy. S.F. provides for temporary township office- Kiscaden (R-Rochester) said the amend- 2422, sponsored by Sen. Michelle holders. H.F. 3344, sponsored by Sen. ment lessens the primacy of the Pledge in Fischbach (R-Paynesville), regulates motor Richard Cohen (DFL-St. Paul), authorizes the civics education program. She said the vehicle dealer transfers and clarifies the a combined jurisdiction program in the amendment is about talk, while the calculation of base value. S.F. 3256, Second and Fourth Judicial Districts. S.F. original bill involves action. authored by Stevens, modifies the limits 3288, authored by Kelley, extends the Sen. Richard Cohen (DFL-St. Paul) on the sale of prepared foods at commu- expiration of an interest arbitration supported the Betzold amendment and said nity events or farmers’ markets. H.F. 1189, provision governing firefighters. S.F. 3322, that the Pledge was written in 1892. “In sponsored by Sen. Michele Bachmann (R- sponsored by Sen. Myron Orfield (DFL- visiting classrooms, I have noticed the Stillwater), provides for the election of Mpls.), allows the Metropolitan Council paucity of teaching properly U.S. history, municipal council members after certain to sell temporarily excess sewer capacity to constitutional law and the documents that annexations. surrounding jurisdictions and modifies the inspired the writers of the core American S.F. 3168, carried by Stevens, pro- depreciation rate when assuming owner- documents,” Cohen said. He said he is vides for a bidding exception for certain ship of existing facilities. surprised that students do not have a sense water tank service contracts. H.F. 1620, S.F. 2890, carried by Sen. David of what makes this country great. Why not sponsored by Sen. David Tomassoni (DFL- Knutson (R-Burnsville), regulates public actually make a difference in their Chisholm), strengthens the effect of an works contracts. H.F. 3296, carried by understanding, he said, and require proper orderly annexation agreement. S.F. 3133, Sen. John Marty (DFL-Roseville), shifts civics education. also carried by Stevens, requires legislative social security administrative duties from Stevens said the Betzold amendment approval before the commissioner of the Dept. of Employee Relations to the sanitizes the bill and may allow politically health adopts certain new or amended Public Employees Retirement Association. correct people to support the bill without rules governing the Minnesota Clean S.F. 3315, authored by Scheid, makes offending others. While Americans have a Indoor Air Act. S.F. 3345, authored by changes involving the Joint Underwriting freedom of speech, he said, there is no right Tomassoni, regulates certain credit scoring Association’s procedures. S.F. 3258, not to be offended. “If saying the Pledge of procedures. S.F. 3136, sponsored by Sen. authored by Larson, provides for a land Allegiance offends some people, that’s too Arlene Lesewski (R-Marshall), is the Dept. exchange with the city of Garfield. bad,” he said. of Labor’s workers compensation house- Sen. Dave Kleis (R-St. Cloud) offered keeping bill and makes numerous techni- Tuesday, March 12 an amendment to the Betzold amendment. cal changes. S.F. 3126, authored by Foley, Kleis’ amendment leaves intact the makes technical changes in health care Pledge bill debated original bill and adds the civics education programs. S.F. 1072, carried by Sen. Bob A bill mandating students and school requirements onto the bill. Sen. Gen Olson Lessard (IND-Int’l. Falls), designates the district employees to recite the Pledge of (R-Minnetrista) said both amendments photograph “Grace” as the state photo- Allegiance at least once a week received should be defeated because teachers have graph. S.F. 2540, sponsored by Betzold, Senate consideration Tues., Mar. 12. The their hands full now with required changes probate and power of appoint- bill, H.F. 2598, allows staff and students to curriculum elements. Sen. John Hottinger ment provisions. opt out of recitation. It also allows school (DFL-Mankato) said loyalty cannot and boards to vote to exempt the entire district should not be determined by one approach Noncontroversial bills gain from the recitation requirement. Spon- or one set of language. Supporting the Members also granted final passage to sored by Sen. Mady Reiter (R-Shoreview), basic freedoms granted by America is proof 12 noncontroversial bills on the Consent the measure also requires districts to teach of loyalty, he said. The Kleis amendment is Calendar during the course of the Mon., students about the history and care of the a compromise, Hottinger said, which is a Mar. 11, session. flag, as well as proper flag etiquette. tradition of both the Senate and the H.F. 2987, sponsored by Sen. Douglas Sen. Douglas Johnson (DFL-Tower) nation. The Kleis amendment to the Johnson (DFL-Tower), authorizes Cook offered an amendment requiring all flags amendment was adopted. The Betzold County to convey the Mineral Center sold in Minnesota to be made in the amendment was also adopted.
18 Senators Sandra Pappas (DFL-St. old enough to understand what they are participating in a recitation of the Pledge. Paul) and Steve Kelley (DFL-Hopkins) saying by reciting the Pledge, then they are Such retribution, Moua said, will not be in said the bill raises serious constitutional old enough to vote on the issue. The a classroom where a teacher can step in, issues because of the objections of some Kelley amendment failed, 14-47. but in a corner of the playground. Moua religious groups to the Pledge of Alle- Sen. Steve Dille (R-Dassel) offered an offered an amendment requiring teachers giance. Kelley read portions of a 1943 U.S. amendment requiring school boards that to read a statement saying that being Supreme Court opinion holding a state initially opt out of the recitation require- excused from recitation is not un-Ameri- law requiring recitation of the Pledge as ment to review the policy every year. Sen. can or unpatriotic. Reiter said the amend- unconstitutional. He said the reasoning of Deanna Wiener (DFL-Eagan) said the ment will only draw more attention to the Court in the case, decided at another amendment unnecessarily politicizes the students who opt out. Sen. Becky Lourey time when the nation was under attack, is decision made by school boards. Once a (DFL-Kerrick) said the amendment relevant now. Citizens also do not need the board has made a decision on the issue, she addresses many of her concerns about government to tell them what to do, said, the board should be able to keep it children of varying heritages being Kelley said. Minnesotans, including without annual review. The amendment misunderstood by other students. students, automatically expressed their failed, 30-32. Dille said the statement is longer than patriotism after last fall’s terrorists attacks, Sen. Mee Moua (DFL-St. Paul) said the pledge itself and is too cumbersome to he said. that members of some heritages have their say each time the pledge is recited. Moua Kelley offered an amendment patriotism questioned with their every offered an amendment to her amendment allowing students to vote every fall about action. She said that she and her son were that requires the statement be read whether to have a regular Pledge recitation attacked on the streets of St. Paul within quarterly. The amendment to the amend- and how often such a recitation would days of the Sept. 11 attacks. There are ment was adopted and the amendment was occur. Reiter said the bill already allows negative consequences to individuals, no approved 34-29. school boards to make that choice. Stevens matter how American the persons may be, Sen. Thomas Neuville (R-Northfield) said some students are too young to Moua said, merely because of their made a motion to strike the Senate understand their choices and make the heritage. She said she fears that students language and use the House version with decision. Kelley said that if students are will be targeted by their peers for not the original language. “If this motion isn’t
Lobbyists intently follow the outcome of a vote on an amendment to a Twins stadium bill on a television monitor just outside the Senate Chamber Wed., Mar. 13. Photo by David J. Oakes
19 Floor update adopted,” he said, “we won’t have a pledge authorizes the sale of unauthorized, Floor action bill this year. It won’t make it through impounded vehicles within 15 days of conference committee.” Sen. Deanna notice unless owner declares intent to Thursday, March 7 Wiener (DFL-Eagan) said, “Let’s send this reclaim. The bill extends authority already bill to the conference committee and granted within the cities of Minneapolis Bills granted preliminary passage on make democracy work.” Neuville’s and St. Paul to the entire Metropolitan General Orders motion did not prevail on a 27-36 vote. Area. S.F. 2932, carried by Krentz, S.F. 3073-Knutson: Clarifies the standard for a Sen. Michele Bachmann (R- encourages citizen water quality monitor- misdemeanor violation of an order for protection Stillwater) offered an amendment contain- ing. Sen. Don Samuelson (DFL-Brainerd) or no contact order. ing the House language but making the carried S.F. 2650, which modifies regula- S.F. 2612-Kleis: Authorizes private vehicles measure effective beginning in the 2002- tion of credit unions to grant state- escorting funeral processions to use flashing red 2003 school year. Sen. John Hottinger chartered credit unions the same rights as lights. (DFL-Mankato) said, “Just to go back and federally chartered credit unions. S.F. 3184-Tomassoni: Modifies provisions governing road inspections, first hauls, and adopt the language of the other body is not The Senate also granted final passage weight allowances for commercial motor vehicles the way or the reason we work in the to bills on the Calendar. Bills on the and requires a study of load restrictions and Senate.” Calendar were previously granted prelimi- increases. Sen. Don Betzold (DFL-Fridley) said nary passage during the Mon., Mar. 11, H.F. 2742-Betzold: Regulates contested case the amendment was out of order because session. procedures. the Senate had just voted against S.F. 3115-Kelley: Regulates state energy savings Neuville’s motion, which also restored the contracts. Wednesday, March 13 S.F. 3100-Berglin: Establishes approved tribal original language. Sen. William Belanger health professionals as Medical Assistance (R-Bloomington), presiding over the Final passage granted providers and requires an evaluation of managed Senate, decided the motion was in order. In other floor activity, Wed., Mar. 13, care regional rate differences. Sen. David Johnson (DFL-Bloomington) the Senate passed seven measures on the S.F. 2998-Lourey: Waives the written case contested the motion. The Senate voted presentation and oral examination component of Senate Calendar that address a variety of the licensing requirements for certain alcohol 34-30 to uphold the chair’s decision. concerns. The first bill, authored by Sen. David Johnson then offered to amend and drug counselors. Dallas Sams (DFL-Staples), S.F. 1226, H.F. 3190-Ranum: Requires the juvenile court Bachmann’s amendment by adding the deals with no-fault auto insurance and to send data relating to juvenile petitions to the requirement that a statement be read medical benefits. The second measure, statewide supervision system. before the pledge, as had been approved in H.F. 2899, sponsored by Sen. Ann Rest S.F. 1555-Higgins: Provides a preemption of the Moua amendment. He then withdrew (DFL-New Hope), clarifies the time limit local regulation of fertilizers and plant foods used the amendment to work out the exact in agricultural production, regulates the use on for funding and adds definitions to livable turf of certain fertilizers containing phosphorus, wording of the amendment. communities provisions. S.F. 2650, Bachmann’s amendment failed on a provides for enforcement, and prohibits fertilizer presented by Sen. Don Samuelson, (DFL- applications to an impervious surface. 30-32 vote. Reiter then moved to progress Brainerd), modifies the regulation of credit S.F. 3101-Samuelson: Provides certain her bill. unions. conditions and exceptions for a new Class I rest Sen. Jane Ranum’s S.F. 3238, which area on State Highway No. 371 between Bills gain passed, defines neighborhood organiza- Brainerd and Little Falls. S.F. 3034-Robertson: Authorizes the Hennepin In other action, the Senate–acting as tions and outlines their activities. Sen. County Board to contract with a public or the Committee of the Whole–also gave Jane Krentz presented a bill, S.F. 2932, that private cooperative purchasing organization preliminary passage to several bills on encourages citizen monitoring of water subject to a condition. General Orders. S.F. 1226, carried by Sen. quality. S.F. 2692, authored by Sams, S.F. 2752-Robertson: Provides for design-build Dallas Sams (DFL-Staples), regulates no- makes several changes to the background contracts in Hennepin County and requires a fault auto insurance and basic economic checks on individuals, modifies the list of report. loss benefits. Another Sams bill, S.F. 2692, disqualifying crimes and requests that the S.F. 2803-Robling: Requires child care providers to develop policies for reporting suspected child modifies requirements for background Supreme Court study and make recom- maltreatment and requires child care licenses to studies, requires a review and report to the mendations about tracking civil actions contain certain information. Legislature on the requirements, limits the for damages resulting from sexual abuse. S.F. 3015-Scheid: Establishes a division of authority of the commissioner of human insurance fraud prevention within the services to set aside a disqualification, and Department of Commerce to investigate and modifies the list of disqualifying crimes. Streaming Videos Available prosecute insurance fraud. S.F. 3238, sponsored by Sen. Jane Ranum Two videos, “Discover the Capitol” S.F. 2768-Lessard: Changes provisions in the Medical Assistance demonstration project and (DFL-Mpls.), provides options regarding and “Rules, Laws and Process,” can now be adds requirements for the prepaid Medical the election of directors, voting rights, and accessed through the Legislature’s website. Assistance and prepaid general assistance meeting notice requirements for neighbor- These videos are excellent sources of medical programs. hood organizations. H.F. 2899, carried by information on the history of the Capitol S.F. 2769-Lessard: Allows Itasca, St. Louis and Sen. Ann Rest (DFL-New Hope), makes and on how laws are made in Minnesota. Koochiching Counties to increase or establish changes to the Livable Communities Act. For more information or to borrow a video the per capita spending limit for promotion of A bill authored by Sen. David tape of either program contact Senate tourist, agricultural, and industrial development and provides for distribution of proceeds from Knutson (R-Burnsville), S.F. 2559, Media Services at (651) 296-0264.
20 Floor action forfeited land sales. perform volunteer firefighter duties. 65-0 to an impervious surface. 64-1 S.F. 3108-Kiscaden: Amends data and licensing S.F. 3084-Rest: Modifies state and local auditing S.F. 3034-Robertson: Authorizes Hennepin definitions. procedures and reporting practices. 66-0 County to have certain contracting with a public S.F. 3204-Neuville: Specifies that a county S.F. 2949-Betzold: Expands what is considered or private cooperative purchasing organization agency is not required to provide income to be public criminal history data, modifies subject to a condition. 66-0 support or cash assistance when specified state procedures for background checks and authorizes S.F. 2998-Lourey: Waiving the written case programs fail to do so. criminal history checks for liquor license presentation and oral examination component of S.F. 1372-Betzold: Modifies provisions applicants. 66-0 the licensing requirements for certain alcohol governing child maltreatment data. S.F. 3231-Betzold: Provides that nondesignated and drug counselors. 66-0 addresses on agricultural license applications are S.F. 3108-Kiscaden: Amends data and licensing not public data. 65-0 definitions. 66-0 Friday, March 8 S.F. 3257-Solon, Y.P.: Adds an exception to S.F. 1372-Betzold: Modifies provisions Bills granted final passage on the Senate housing and redevelopment authority officers governing child maltreatment data. 66-0 conflict of interest provisions. 66-0 Calendar S.F. 331-Berglin: Removes the cost of obtaining Bills granted preliminary passage on health records when applying for a disability S.F. 2419-Lesewski: Clarifies the use of portable General Orders wading pools at family day care settings. 52-4 benefits program. 65-0 H.F. 58-Betzold: Prescribing standards for S.F. 3145-Foley: Revises the Minnesota Code of S.F. 3256-Stevens: Modifies limits on the sale of identification of beer kegs. 60-0 Military Justice. 66-0 prepared foods at community events or S.F. 2580-Foley: Provides the drivers license S.F. 3167-Betzold: Provides access to data for farmers’ markets. revocation hearings do not give rise to an purposes of the commissioner’s preliminary S.F. 2875-Moua: Establishing an environmental estoppel on any issues in criminal prosecutions. determination whether a petition of civil sustainability policy. 62-0 commitment as a sexual psychopathic H.F. 1189-Bachmann: Provides for the election S.F. 2568-Rest: Removes limitations on the personality or sexually dangerous person is of municipal council members after certain Hennepin County Board’s ability to lease real appropriates. 66-0 annexations. property. 63-0 H.F. 2742-Betzold: Regulates contested case S.F. 3293-Chaudhary: Transfers three state S.F. 2572-Hottinger: Authorizes the procedures. 66-0 highways and vacates one state highway. establishment of a specific nonprofit corporation S.F. 2768-Lessard: Changes provisions in the S.F. 3168-Stevens: Provides for a bidding in Development Region Nine for specified Medical Assistance demonstration project and exception for certain water tank service purposes. 62-0 adds requirements for the prepaid Medical contracts. S.F. 2578-Wiener: Provides for client-directed Assistance and prepaid General Assistance H.F. 1620-Tomassoni: Strengthens the effect of county support programs. 63-0 Medical programs. 66-0 an orderly annexation agreement. S.F. 2953-Hottinger: Prohibits issuing or S.F. 3101-Samuelson: Provides conditions and S.F. 3133-Stevens: Requires legislative approval requiring excess insurance on property. 61-0 exceptions for a new class I rest area on State before the commissioner of health adopts certain S.F. 1030-Wiger: Provides for a National Crime Highway No. 371 between Brainerd and Little new or amended rules governing the Minnesota Prevention and Privacy Compact and provides Falls. 66-0 Clean Indoor Air Act. for an electronic information sharing system H.F. 3190-Ranum: Requires the Juvenile Court S.F. 2430-Wiger: Requests the University of between the federal government and the state to to send data relating to juvenile petitions to the Minnesota and Minnesota State Colleges and access criminal history data. 62-0 statewide supervision system. 66-0 Universities to complete a study allowing S.F. 2448-Betzold: Provides for disclosure by the S.F. 2769-Lessard: Increases or establishes the students to rent instructional materials. Dept. of Public Safety of personal data related to per capita spending limit for promotion of S.F. 3126-Foley: Makes technical changes in the operation of a motor vehicle. 63-0 tourist, agricultural, and industrial development health care programs. S.F. 2963-Rest: Transfers the duties of the state in Itasca, St. Louis and Koochiching Counties. S.F. 1072-Lessard: Designates the photograph treasurer to the commissioner of finance. 54-8 63-0 “Grace” as the state photograph. S.F. 2795-Marty: Creates standing to seek S.F. 3100-Berglin: Establishes approved tribal S.F. 2540-Betzold: Changes certain probate and sanction in human rights actions and adds health professions as Medical Assistance power of appointment provisions. sanctions that may be imposed. 62-1 providers and provides for reimbursement for S.F. 2458-Sams: Prohibits presenting false S.F. 2680-Limmer: Adds a members to the certain health services. 65-0 information for purposes of background studies Construction Codes Advisory Council and S.F. 2752-Robertson: Provides for design-build and prohibits entities from employing individuals provides for adoption of a new energy code. 64-0 contracts in Hennepin County and requires a under certain circumstances. S.F. 2533-Foley: Authorizes counties to collect report. 64-1 S.F. 2422-Fischbach: Regulates automobile room, board, and other related correctional S.F. 3073-Knutson: Clarifies the standard for a dealer transfers. expenses for offenders who been convicted of a misdemeanor violation of an order for protection S.F. 3345-Tomassoni: Regulates certain credit crime and confined in a county jail. 64-0 or no contact order. 66-0 scoring procedures. S.F. 3080-Rest: Modifies provisions relating to S.F. 3184-Tomassoni: Modifies provisions S.F. 3026-Kelley: Regulates the provisions of preneed funeral trust accounts. 64-0 governing road inspections, first hauls and weight interstate telemedicine services. S.F. 3147-Orfield: Modifies the statewide allowances for commercial motor vehicles. 63-2 S.F. 3136-Lesewski: Dept. of Labor workers affirmative action program. 62-2 S.F. 3115-Kelley: Regulates state energy saving compensation housekeeping bill. S.F. 2638-Foley: Provides that whoever employs contracts. 66-0 S.F. 3174-Kelley: Creates a small business runners to procure clients under circumstances S.F. 3015-Scheid: Establishes a Division of category under the Money Transmitter Act. involving motor vehicle insurance is guilty of a Insurance Fraud Prevention with the Dept. of H.F. 2783-Scheid: Regulates residual liability in felony. 62-0 Commerce to investigate and prosecute no-fault auto insurance. S.F. 3117-Metzen: Provides for the transfer or insurance fraud. 66-0 S.F. 2970-Foley: Requires motor vehicle disposal of sewer interceptor facilities. 63-0 S.F. 2612-Kleis: Authorizes private vehicles collision repair to include air bag repair or S.F. 3124-Foley: Modifies nursing home escorting funeral processions to use flashing red replacement. reimbursement classifications and clarifies lights. 64-2 S.F. 2516-Sams: Clarifies the definition of minimum nursing staff requirements. 65-0 S.F. 1555-Higgins: Regulates the use on lawns in pastures for the purpose of animal feedlot S.F. 2960-Johnson, Debbie: Requires that the Metro Area of fertilizers containing regulation. employers allow unpaid leave for employees to phosphorus and prohibits fertilizer applications S.F. 2739-Metzen: Omnibus liquor bill. Creates
21 Floor action new liquor licenses and modifies minimum new or amended rules governing the Minnesota and fees and regulates mortgage prepayment distance from specified state universities. Clean Indoor Air Act. 51-12 penalties. S.F. 2403-Higgins: Authorizes the Minneapolis S.F. 3345-Tomassoni: Regulates certain credit S.F. 3086-Sabo: Provides for the effect of a Park and Recreation Board to lease certain scoring procedures. 63-0 recognition of paternity upon temporary custody property for the repayment of certain state bond S.F. 3136-Lesewski: Workers compensation and provides a presumption concerning an order expenditures. housekeeping bill. 62-0 of protection. S.F. 3126-Foley: Makes technical changes in S.F. 2492-Johnson, David: Provides extra health care programs. 63-0 unemployment benefits for workers laid off from Monday, March 11 S.F. 1072-Lessard: Designates the photograph the airlines and related industries. Bills granted final passage on the Senate “Grace” as the state photograph. 51-12 S.F. 222-Krentz: Establishes a gross S.F. 2540-Betzold: Changes certain probate and misdemeanor penalty for gross overlimit Calendar power of appointment provisions. 62-0 violations of fish and game laws, sets restitution S.F. 2433-Betzold: Defines the crimes of sexual values and provides criminal penalties. conduct in the third and fourth degrees to Bills granted final passage on the S.F. 3059-Higgins: Modifies the requirements for youth employment involvement in certain include persons who sexually penetrate Consent Calendar vulnerable adults and who are agents of special construction projects paid for with grant funds. transportation service providers. 59-0 H.F. 2987-Johnson, Douglas: Authorizes Cook S.F. 2678-Higgins: Makes technical changes and S.F. 3204-Neuville: Specifies that a county County to convey the Mineral Center cemetery clarifications in provisions relating to the Dept. agency is not required to provide income to the Grand Portage Reservation. 64-0 of Natural Resources. support or cash assistance when specified state H.F. 3202-Olson: Increase the Delano Public S.F. 3286-Johnson, David: Requires a registered programs fail to do so. 59-0 Utilities Commission from three to five putative father to serve notice of a paternity S.F. 2458-Sams: Prohibits presenting false members. 64-0 action on an interested party. information for purposes of background studies H.F. 2629-Limmer: Allows retired individuals S.F. 2989-Johnson, David: Omnibus Dept. of and prohibits certain entities from employing licensed by the Board of Architecture, Corrections housekeeping bill. Clarifies individuals under certain circumstances. 61-0 Engineering, Land Surveying, Landscape mandatory sentences for driving while impaired H.F. 2783-Scheid: Regulates residual liability Architecture, Geoscience and Interior Design to offenders, enhances offender accountability by coverage under no-fault auto insurance. 61-0 use a retired professional designation. 64-0 requiring offender co-payment of certain sex S.F. 2970-Foley: Requires motor vehicle H.F. 3309-Larson: Modifies provisions of offender treatment fees and authorizes an collision repair to include air bag repair or licensed beds on layaway status. 64-0 independent, contracted, board-certified forensic replacement and provides penalties. 62-0 H.F. 2637-Vickerman: Provides for temporary pathologist to sign the record of death on S.F. 3026-Kelley: Regulates the provision of township officeholders. 63-0 department incarcerated deaths. interstate telemedicine services. 62-0 H.F. 3344-Cohen: Authorizes a combined S.F. 2611-Ranum: Adopts a new compact for S.F. 2403-Higgins: Authorizes the Minneapolis jurisdiction program in the Second and Fourth Interstate Adult Supervision and creates an Park and Recreation Board to lease certain Judicial Districts. 64-0 Advisory Council on Interstate Adult Offender property for the repayment of certain state bond S.F. 3288-Kelley: Extends the expiration of an Supervision. expenditures. 62-0 interest arbitration provision governing S.F. 2957-Samuelson: Requires reporting of S.F. 2739-Metzen: Omnibus liquor bill. Creates firefighters. 64-0 practice act violations to the Board of Dentistry. new liquor licenses and modifies minimum S.F. 3322-Orfield: Allows the Metropolitan S.F. 2463-Anderson: Provides limits on distance from specified state universities. 53-9 Council to sell temporarily excess sewer capacity overtime for nurses and provides remedies. S.F. 2516-Sams: Clarifies the definition of to surrounding jurisdictions and modifies the H.F. 2612-Scheid: Revises circumstances in pastures for purposes of animal feedlot depreciation rate when assuming ownership of which the signature of a licensed architect, regulations. 61-0 existing facilities. 63-0 licensed engineer, licensed land surveyor, S.F. 2430-Wiger: Requests the University of S.F. 2890-Knutson: Regulates public works licensed landscape architect, licensed geoscientist Minnesota and Minnesota State Colleges and contracts. 63-0 or certified interior designer is required. Universities to complete a study allowing H.F. 3296-Marty: Shifts social security S.F. 3024-Scheid: Regulates continuing students to rent instructional materials. 62-0 administrative duties from the Dept. of education and license requirements for real S.F. 3174-Kelley: Creates a small business Employee Relations to the Public Employees estate licensees, regulates the contractor’s category under the Money Transmitter Act and Retirement Association. 63-0 recovery fund and provides for the adoption and modifies regulations. 63-0 S.F. 3315-Scheid: Makes changes involving the amendment of uniform conveyancing forms. S.F. 2875-Moua: Establishes an environmental Joint Underwriting Association’s procedures. 63- sustainability policy. 59-4 0 Conference committee reports adopted S.F. 3258-Larson: Provides for a land exchange S.F. 2422-Fischbach: Regulates motor vehicle and repassed dealer transfers and clarifies the calculation of with the city of Garfield. 63-0 base value. 62-0 S.F. 1495-Murphy: Requiring the use of S.F. 3256-Stevens: Modifies the limits on the Bills granted preliminary passage on biodiesel fuel. 53-11 sale of prepared foods at community events or General Orders farmers’ markets. 63-0 S.F. 3380-Knutson: Modifies provisions Tuesday, March 12 H.F. 1189-Bachmann: Provides for the election governing postnuptial contracts. of municipal council members after certain S.F. 2460-Kleis: Provides criminal penalties for Bills granted final passage on the Senate annexations. 63-0 persons who promote, advocate, and take S.F. 3168-Stevens: Provides for a bidding Calendar responsibility for criminal acts and imposes H.F. 2531-Berglin: Regulates hospice care exception for certain water tank service special civil liability for destruction of field crop contracts and authorizes an agreement for the providers. 57-0 products, animals and organisms. H.F. 2813-Robling: Requires child care city of Walker to maintain and operate the S.F. 2627-Kiscaden: Requires optometrists and state’s water tower at Ah-Gwah-Ching. 61-2 providers to develop policies for reporting ophthalmologist to give patients copies of the suspected child maltreatment. 58-0 H.F. 1620-Tomassoni: Strengthening the effect prescriptions for contact lenses. of an orderly annexation agreement. 63-0 S.F. 3293-Chaudhary: Transfers three state S.F. 2988-Metzen: Omnibus banking bill that highways and vacates one state highway. 58-0 S.F. 3133-Stevens: Requires legislative approval regulates detached facilities, regulates charges before the commissioner of health adopts certain S.F. 2492-Johnson, David: Provides extra
22 unemployment benefits for certain workers laid General Orders supplemental nursing services agencies. 53-0 off from Fingerhut Companies, Inc., Farmland S.F. 3055-Betzold: Clarifies the jurisdiction of S.F. 1226-Sams: Regulates no-fault auto Foods Company, and airline and airline-related the metropolitan transit police, removes a insurance and basic economic loss benefits. industries. 60-0 restriction on the employment of metropolitan S.F. 2692-Sams: Modifies requirements for S.F. 2463-Anderson: Regulates overtime for transit police officers on a part-time basis, and background studies, requires a review and report nurses and allows reciprocity for border state authorizes metropolitan transit police officers to to the Legislature on these requirements, limits nursing licensees. 62-0 apply for and execute search warrants. 61-0 the authority of the commissioner of human S.F. 222-Krentz: Establishes a gross S.F. 2550-Berglin: Modifies consent services to set aside a disqualification, and misdemeanor penalty for gross overlimit requirements for billing Medical Assistance and modifies the list of disqualifying crimes. violations of fish and game laws, sets restitution MinnesotaCare for covered individual education S.F. 3238-Ranum: Provides options regarding values and provides criminal penalties. 61-0 plan services. 57-0 the election of directors, voting rights, and H.F. 2612-Scheid: Revises circumstances in H.F. 3584-Knutson: Changes the formula for meeting notice requirements for neighborhood which the signature of a licensed architect, certain calculations. 57-0 organizations. licensed engineer, licensed land surveyor, H.F. 2792-Price: Provides for recycling of H.F. 2899-Rest: Makes changes to the livable licensed landscape architect, licensed certain appliances and provides indemnification community provisions. geoscientist, or certified interior designer is of municipalities participating in household S.F. 2559-Knutson: Authorizes the sale of required. 60-0 hazardous waste programs. 58-0 unauthorized, impounded vehicles within 15 S.F. 2989-Johnson, David: Omnibus Dept. of S.F. 3172-Knuston: Requires a ten-year days of notice unless owner declares intent to Corrections housekeeping bill. Clarifies conditional release period when a person has a reclaim for vehicles in the Metropolitan Area. mandatory sentences for driving while impaired previous sex offense conviction regardless of the S.F. 2932-Krentz: Encourages citizen water offenders, enhances offender accountability by state in which it occurred, makes it a ten-year quality monitoring. requiring offender co-payment of certain sex felony when a person commits certain prohibited S.F. 2650-Samuelson: Modifies regulation of offender treatment fees and authorizes an acts when the act is committed with sexual or credit unions. independent, contracted, board-certified forensic aggressive intent, defines aggravated harassing pathologist to sign the record of death on conduct to include acts of criminal sexual department incarcerated deaths. 61-0 Wednesday, March 13 conduct as predicate offenses for a pattern of S.F. 3059-Higgins: Modifies the requirements for harassing conduct and prescribes penalties. 63-0 youth employment involvement in certain Bills granted final passage on the Senate H.F. 2766-Hottinger: Removes an expiration construction projects paid for with grant funds. Calendar date relating to motor vehicle fuel franchises. 57- 62-1 0 S.F. 2678-Higgins: Makes technical changes and S.F. 1226-Sams: Regulates no-fault auto S.F. 2115-Oliver: Regulates dealers and clarifies clarifications in provisions relating to the Dept. insurance and basic economic loss benefits. 61-0 licensed motor vehicle dealer bonding of Natural Resources. 63-0 H.F. 2899-Rest: Makes changes to the livable requirements. 56-0 S.F. 2611-Ranum: Adopts a new compact for community provisions. 62-0 S.F. 2457-Berglin: Conforms certain standards, Interstate Adult Offender Supervision and S.F. 2650-Samuelson: Modifies regulation of authorizes the court to commit certain persons creates an Advisory Council on Interstate Adult credit unions. 58-4. Reconsidered. Repassed 46- with mental illnesses to community hospitals, Offender Supervision. 63-0 16 and requires the commissioner of human services S.F. 2957-Samuelson: Requires reporting of S.F. 3238-Ranum: Provides options regarding to provide a report to the Legislature on the practice act violations to the Board of Dentistry. the election of directors, voting rights, and mental health system. 57-4 62-0 meeting notice requirements for neighborhood S.F. 3352-Lessard: Amends provisions of the S.F. 3286-Johnson, David: Requires a registered organizations. 58-4 Dry Cleaner Environmental Response and putative father to serve notice of a paternity S.F. 2559-Knutson: Authorizes the sale of Reimbursement Law. 64-0 action on an interested party. 62-0 unauthorized, impounded vehicles within 15 S.F. 2546-Fischbach: Permits the cities of S.F. 2460-Kleis: Provides criminal penalties for days of notice unless owner declares intent to Rockville and Pleasant Lake and the town of persons who promote, advocate, and take reclaim for vehicles impounded in the Rockville to jointly develop a consolidation responsibility for criminal acts and imposes Metropolitan Area. 58-2 plan, and requires a hearing, approval by the special civil liability for destruction of field crop S.F. 2932-Krentz: Encourages citizen water governing bodies, and referenda. 66-0 products, animals and organisms. 61-1 quality monitoring. 62-0 S.F. 2933-Kinkel: Allows installation of certain S.F. 3380-Knutson: Modifies provisions S.F. 2692-Sams: Modifies requirements for individual sewage treatment systems. 63-0 governing postnuptial contracts. 63-0 background studies, requires a review and report H.F. 2884-Murphy: Modifies imposition of civil S.F. 3086-Sabo: Provides for the effect of a to the Legislature on these requirements, limits fine for excessive gross weight. 63-0 recognition of paternity upon temporary custody the authority of the commissioner of human H.F. 3274-Murphy: Provides certain protections and provides a presumption concerning an order services to set aside a disqualification, and to persons called or ordered to active service. of protection. 63-0 modifies the list of disqualifying crimes. 63-0 62-0 S.F. 2627-Kiscaden: Requires optometrists and H.F. 2796-Higgins: Authorizes the city of ophthalmologists to give patients copies of their Bills granted final passage on Special Minneapolis to construct a new asphalt plant as prescriptions for contact lenses. 63-0 Orders part of a joint venture with a private enterprise S.F. 3024-Scheid: Regulates continuing S.F. 1857-Johnson, Dean: Provides for financing and requires local approval. 64-0 education and license requirements for real a major league baseball park, provides for the S.F. 2614-Kiscaden: Requires disclosure of an estate licensees, regulates the contractor’s issuance of bonds, imposes taxes and fees, individual’s communicable disease to a foster recovery fund and provides for the adoption and provides for property and sales tax exemptions care provider. amendment of uniform conveyancing forms. 63- and authorizes local taxes by referendum. 37-30 S.F. 2363-Johnson, David: Limits the use of 0 credit scoring information for insurance S.F. 2988-Metzen: Omnibus banking bill. purposes. 65-0 Regulates detached facilities, regulates charges Thursday, March 14 H.F. 3189-Johnson, David: Defines street- and fees and regulates mortgage prepayment sweeping vehicles as special mobile equipment penalties. 64-0 Bills granted final passage on Special for vehicle registration purposes. 63-1 Orders H.F. 2570-Metzen: Provides that automobile insurance may cover damage to automotive glass Bills granted preliminary passage on S.F. 2459-Sams: Modifies requirements for
23 on the same basis as damage to other parts of an automobile. 63-0 Preview S.F. 3054-Tomassoni: Modifies provisions relating to petrofund contractors and consultants and modifies application requirements for certain petrofund reimbursements. 64-0 Monday, March 18 Environment and Natural Resources S.F. 2727-Samuelson: Department of Natural Committee Resources lands bill. Modifies land acquisition Legislative Commission on Metropolitan Chair: Sen. Jane Krentz procedures, modifies certain local planning 4 p.m. Room 107 Capitol regulations, adds to and deletes from certain Government state parks and state recreation areas, establishes Chair: Sen. Ann Rest Agenda: Discussion of state policy the Cuyuna Lakes State Trail, restricts the taking 8 a.m. Room 112 Capitol regarding the use of off highway and all of fish on certain waters, authorizes public and terrain vehicles. private sales of certain state land in Big Stone, Agenda: Blueprint 2030. Douglas, Kandiyohi, Itasca, Meeker, Morrison, Scott, Sherburne, and Winona Counties. 64-0 Rules and Administration Committee Tuesday, March 19 S.F. 2764-Marty: Modifies standards for reporting incidents in licensed programs serving Chair: Sen. Roger D. Moe persons with mental retardation or related 8:30 a.m. Room 107 Capitol The Senate will be in session at 9 a.m. conditions. 64-0 Agenda: Susan Stevens Chambers and Clyde Miller - Appointees to the Cam- Finance Committee paign Finance and Public Disclosure Chair: Sen. Douglas J. Johnson Board. S.F. 2950-Scheid: Election judges 3 p.m. Room 123 Capitol appointment authority expansion. S.F. Agenda: To be announced. Frequently called numbers 2672-Tommasoni: Minnesota Economic, Environmental and Energy Security Act of Wednesday, March 20 Secretary of the Senate 2002 - pursuant to joint rule 2.03. Other. 231 Capitol (651) 296-2344 Voice mail/order bills (651) 296-2343 The Senate will be in session at 9 a.m. Senate Index Legislative Coordinating Commission 110 Capitol (651) 296-2887 Subcommittee on Employee Relations Thursday, March 21 Senate Information Chair: Rep. Carol Molnau 231 Capitol (651) 296-0504 9 a.m. Room 300 S State Office Building Toll free 1-888-234-1112 Agenda: Review/approve Managerial The Senate will be in session at 9 a.m. Senate Committee Hotline (651) 296-8088 Plan. Review/approve Commissioners’ Senate Sergeant at Arms Plan. Update on collective bargaining. G-1 Capitol/Chamber (651) 296-1119 Review/recommend salary cap waiver for Friday, March 22 Senate Counsel & Research Rochester Public Utilities manager. G-17 Capitol (651) 296-4791 TTY, Senate (651) 296-0250 The Senate will be in session at 9 a.m. Toll free 1-888-234-1216 The Senate will be in session at 10 a.m.
Senate Publications
G-22 Capitol PERIODICAL St. Paul, MN 55155-1606 POSTAGE PAID [email protected] AT ST. PAUL, MN (651) 296-0259 TTY (651) 296-0250
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24 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 16 Floor update
Page 19 Floor action
Page 20 Redistricting Plans
As the 2002 session winds down, the Senate Tax Commit- tee meets to hammer out the details of the Senate tax bill. Photo by David J. Oakes
March 22, 2002
1 Senate Highlights Senate Briefly on hiatus Johnson addressed concerns by stating you spend on gasoline tax is going to fix The next edition of Senate Briefly the bill does not tamper with tab registra- the roads, not to the general fund,” he said. will be a combined March 29 - April 5 tion fees, although he added the lower tab Sen. Claire Robling (R-Prior Lake) edition. In an effort to cut costs, yet fees result in a loss of $175 million in said that while she supports a higher gas adequately report on Senate activities, it is annual revenue to the highway user fund. tax and wishes she could vote for passage, necessary to combine two weeks coverage. Johnson said the bill has four main she opposed the bill because it asks for too much. “A six cent gas tax is a little high, This issue of Senate Briefly contains funding issues. The bill provides for $100 and only 4 cents is for roads,” she said. “If coverage of activities through the floor million annually for 10 years in trunk we are going to pay 6 cents, we should get session Thurs., Mar. 22. In addition, this highway bonds. It also authorizes a referendum in the 11-county Metropolitan 6 cents worth of improvement.” Robling issue of Senate Briefly does not contain a Area regarding a 0.5 cent sales tax in- also objected to the $64 million the schedule for the week of Mar. 25- 29, crease, which, if approved will be distrib- Metropolitan Council will receive to because it is expected that most action will uted 75 percent for highways and 25 pursue such projects as light rail without be either in daily floor sessions or confer- percent for transit. The third aspect of the seeking further legislative approval. She ence committees. At press time, no bill, said Johnson, is the distribution also disagreed with the distribution meeting notices were available. formula for county and state aid highways formula for the county and state highway funding, in which 10 percent is divided funding because she said the population Transportation funding approved equally amongst all 87 counties in the based allocation is too low for the desper- Members approved a landmark state, 10 percent based on lane miles, 30 ate needs of the Metro Area. Transportation funding bill during the percent based on population, and 50 Several Senators spoke in favor of the floor session Thurs., Mar. 21. percent based on need. The last item is a 6 bill, including Sen. Roy Terwilliger (R- “One of the top issues I hear from my cent per gallon gasoline tax increase, of Edina) and Sen. Mark Ourada (R-Buffalo). constituents is that we need to fix the which 4 cents is for highways and bridges Terwilliger said the bill represents a roads,” said Sen. Dean Johnson (DFL- and two cents for a multimodal fund. The multifaceted approach to meeting trans- Willmar), sponsor of S.F. 2812. “This bill multimodal fund is further split 60 percent portation and transit needs in the state. will inject more resources into the state’s for the Metropolitan Council and 40 S.F. 2812 was granted final passage on transportation system,” he said. percent for the Department of Transporta- a 39-26 roll call vote. The funding proposal provides about tion (MnDOT). $5 billion over the next 10 years to fund Johnson emphasized that all gas tax Anti-terrorism package approved both highway improvements and transit revenue is constitutionally dedicated for Sen. Jane Ranum (DFL-Mpls.) carried throughout the state. transportation purposes. “The extra money S.F. 2683, which enacts various anti- terrorism measures. The measure estab- lishes penalties for individuals who Senate Briefly is a publication of the Photography: commit acts of terrorism, promote certain Minnesota Senate Publications Office. David J. Oakes criminal acts, take responsibility for During the 2002 Legislative Session, Shelley Hawes certain criminal acts, aid others who each issue reports daily Senate activities commit acts of terrorism or give false between Thursdays of each week, lists Writers: upcoming committee meeting schedules information regarding acts of terrorism. Karen L. Clark and provides other information. The The bill also establishes penalties regard- publication is a service of the Minnesota Joshua A. Dorothy ing the use of biological agents, toxic Senate. No fee. It can be made available Steve Holman chemicals, toxins and radioactive materi- in alternative formats. Mary Kate Stimmler als. Matthew Wickman S.F. 2683 includes several revenue To subscribe, contact: raising proposals. The bill changes the 9-1- 1 service fee assessed to customers from 27 Senate Publications Office cents each month to no less than 8 cents G-22 Capitol and no more than 52 cents each month. 75 Constitution Ave. The change is expected to generate $17.7 St. Paul, MN 55155-1606 Senate Briefly is published weekly million per year. The money is used to (651) 296-0504 during the Legislative session by the meet the current 9-1-1 service needs, to 1-888-234-1112 Minnesota Senate Publications Office, upgrade technology at Public Safety (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. Answering Points (PSAPS), for the Paul, MN 55155-1606. Periodical Metropolitan Radio Board to leverage Editor: postage paid at St. Paul, MN. POST- bonds, for each Medical Resource Com- Karen L. Clark MASTER: Send address changes to munication Center (MRCC) and to link Senate Briefly, Senate Publications all PSAPS in the state with fire depart- ments. Assistant Editor: Office, G-22 Capitol, 75 Constitution Ave., St. Paul, MN 55155-1606. The measure authorizes the Metro- Joshua A. Dorothy politan Council, on behalf of the Metro- politan Radio Board, to issue up to $60
2 million in revenue bonds. The funds are to ment of State Rewards for Justice Fund. Do not call bill okayed be used to finance the completion of the Schwab said the bill raises approximately The Dept. of Commerce is required to Minnesota Public Safety Radio System in $1.2 million. keep a list of customers who request not to the Metropolitan Area, the initial phase of “This is an opportunity for people to receive telephone solicitations and statewide expansion of the system to the be proactive and to prevent terrorism,” businesses are prohibited from calling Rochester and St. Cloud regions and to Schwab said. customers on the list, under S.F.3246, assist counties and cities that shared in the Several Senators asked why half the which the Senate also heard during the cost of the initial infrastructure of the money raised should go to a federal floor session Thurs., Mar. 21. system to recover some of their investment. program. As a result, Sen. Dennis Sen. Richard Cohen (DFL-St. Paul) The proposal also allows grants for Frederickson (R-New Ulm) offered an said the bill, which requires businesses to training and equipment to be awarded to amendment to eliminate the State Depart- buy the “do not call” list, puts the burden state agencies and local units of govern- ment language. on companies that conduct telemarketing. ment for emergency preparedness purposes. Frederickson’s amendment was Sen. John Marty (DFL-Roseville) said, The bill also includes provisions related to adopted, as was Schwab’s amendment. “There are provisions in the bill that create emergency waste and debris management Sen. Dave Kleis (R-St. Cloud) significant loop holes.” He offered an and disposal, embargos on a specific presented an amendment to make it a amendment, which was adopted, that geographical area and a quarantine zone of felony, punishable prohibits phone calls dialed automatically control. by up to 20 years in prison and by a to businesses or persons with which the “I think this is a bill that Minnesotans fine of up to $100,000, to place an solicitor has a prior relationship. explosive device. The amendment also can be proud of, and I hope we will pass it Three other amendments, he said establishes a penalty of up to 10 years in with strong bipartisan support,” said addressed loopholes, were not adopted. prison and a fine of up to $20,000 for Ranum. The first prohibits phone calls in which those who plant a fake explosive device. Ranum said the 9-1-1 provisions the sales transaction must be completed in Ranum said the amendment doesn’t upgrade technology and service. One person, which is allowed under the bill. belong in the bill because the bill is not important upgrade, she said, is to obtain The second limits the exemption attempting to deal with penalties for non- provided for nonprofit organizations’ technology to locate cellular telephone terrorism related incidents. She also said users when they call. solicitations to those sales done only on the amendment appears to limit the behalf of the organization. “People believe if they are on a penalty to just 20 years when some cellular phone, if they call 9-1-1, the Sen. Bob Kierlin (R-Winona) said provisions for such acts in current law may businesses might try to use nonprofit person on the other end of the line is going allow prison time of more than 20 years. to know where they are,” she said. “But organizations as a front in order to conduct She said it is an issue that should have telemarketing. that is just something that people think–it been brought up in the Crime Prevention The third change Marty offered is not something that is going on in Committee. However, the amendment was extended the length of time a name is kept reality.” adopted. on the “do not call” list from two years to Ranum also said the bill upgrades Sen. Sheila Kiscaden (R-Rochester) six years. “We are going to have a lot of communications for emergency situations. offered an amendment specifying that angry people calling the department two She pointed to an article from the New extending the backbone system of the years from now saying, ‘Why am I not on York Times that said many firefighters died statewide public safety radio communica- the list?’” He said it will take 90 days for because there was no reliable radio tion system to serve all of the Southeast names submitted on the list to stop communication with them. According to district of the state patrol and to serve the receiving calls. the article, a messenger was sent across the counties of Stearns, Sherburne, Benton and Cohen said, “Given the mobility of city warning officials at the World Trade Wright be the second phase of extension our population today, two years is not Center that the buildings were “near instead of the third phase. unreasonable.” He said extending the imminent collapse.” However, the The amendment, however, was not period would make the list inaccurate and messenger arrived less than one minute adopted. more likely to be out of date. before the first tower fell. Sen. Warren Limmer (R-Maple Sen. Jane Krentz (DFL-May Town- “There were many firefighters in the Grove) offered an amendment to fund the ship) offered to amend the period of time a towers, and they made the ultimate bill by using $79 million from the tobacco name is kept on the list to four years, when sacrifice because people couldn’t get to endowment. the amendment to extend it to six years them,” Ranum said. However, Sen. Linda Berglin (DFL- failed. Sen. Grace Schwab (R-Albert Lea) Mpls.) successfully argued against the Her amendment was adopted. offered an amendment creating a new proposal. Sen. Linda Scheid (DFL-Brooklyn license plate. The license plate reads Berglin said the tobacco endowment Park) said the bill will not stop “United We Stand.” Proceeds from the funds are being used successfully to telemarketing, but would hurt plate go to the anti-terrorism account prevent youth smoking. The amendment telemarketing employees. “A lot of people established by the bill, half of which is for failed on a 20-47 roll call vote. support themselves and their families emergency preparedness training and Members also rejected several making cold calls,” she said. equipment grants and half of which is additional amendments before granted The Senate gave the bill final passage transferred to the United States Depart- final passage to the bill 66-0. on a 65-1 roll call vote.
3 Committee update Environment and Natural ATV use on public lands. Under the employed if they belong to an assistance measure, S.F. 1831, off-road vehicles must unit, work less than 30 hours per week and Resources be registered and the money collected are limited in the number of hours they from registrations be spent on trail devel- may work because of an illness or disabil- ATVs discussed opment and monitoring. The bill also ity. The measure gives the extension to Committee Chair Jane Krentz (DFL- creates a hotline for complaints against individuals receiving Temporary Assis- May Township) convened a meeting of ATVs and other off-road vehicles. The tance to Needy Families (TANF) funds the Environment and Natural Resources measure also repeals the section of law that under certain conditions as well. Committee Mon., Mar. 18 to address all allows vehicle use on public lands. Johnson said that the section granting terrain vehicle (ATV) use on public lands. Because deadlines for committee action the Departments of Human Services and Steve Morse, deputy commissioner of have passed, no action was taken on the Health the hiring freeze and contract the Dept. of Natural Resources (DNR), bill. exemptions should be taken out of the said there are 30,000 new ATV users in “How much damage are we going to bill. He said he has heard similar requests Minnesota each year. The growth, he said, permit before we make ATV trails?” for exemptions from many of the other is making an impact on public lands, Hottinger asked. “It’s open season on state departments, and the issue should be where their use is virtually unrestricted. public lands,” he said. “We need some- discussed in conference committee. Instead For the past three years, Morse said, ATV thing to control the damage while we get of making decisions for exemptions agency cross country travel has been permitted on the trails and enforcement in place,” he by agency, he said, the issue should be all forest lands in the state. said. examined as a whole. He said a consistent “ATVs should be managed on a Dave Zettner, from the Izaak Walton policy regarding exemptions should be system of trails,” he said, “but this is not League in Duluth, said the DNR had not devised for all agencies. where we are today.” Morse said construct- taken leadership in protecting public land Sen. Becky Lourey (DFL-Kerrick) ing a viable trail system requires more than from destruction from ATV use. He said spoke against removing the section from just putting up signs and designating areas. the state should consider limiting ATV use the bill. She said leaving the provision in Instead, he said, each trail project must be to restricted seasons and closing trails that the bill keeps the issue before the Legisla- reviewed for environmental impacts. He are wet. ture. She also said each agency is unique said the DNR has been sued for not and should be treated separately. Sen. studying the effects of trails on the Finance Ellen Anderson (DFL-St. Paul) also spoke environment. against removing the section. She said it is Jerry Leverington, who lives near the MFIP extension debated prudent to have a Senate position on the Spider Lake Recreation Area, said local Members of the Finance Committee, matter before the conference committee people have been pushed out of the forest chaired by Sen. Douglas Johnson (DFL- meets. However, Berglin agreed to remove by rude riders and constant noise. “The Tower), met Fri., Mar. 15, to discuss S.F. the provision, and members approved an DNR promotes a ‘dig it up and tear it up’ 3099. The bill, carried by Sen. Linda amendment to eliminate it. attitude by allowing scramble areas and Berglin (DFL-Mpls.), contains a number of Lourey offered an amendment mud pits,” he said. provisions related to human services and requiring the Health Department to adopt “It’s an unsettling experience to go out Temporary Assistance to Needy Families “reasonable rules” that establish criteria in the woods and have the peace and quiet (TANF). and procedures for the refusal to grant or shattered by thoughtless individuals,” said The bill is long and mostly technical, renew licenses and for the suspension or Jamie Juenemann, director of Minnesotans so members limited their discussion to just revocation of licenses already granted by for Responsible Recreation. two provisions. One provision grants to the the department. The amendment also Sonia Bartz, president of the ATV Minnesota Department of Human Services establishes fees for various plumbing Association of Minnesota, said the and Department of Health, as well as other examinations and inspections, adds a organization supports limiting ATV use to agencies under the departments, exemp- “restricted plumbing contractor” category trails and conducting environmental tions to the state hiring freeze and reduc- to law for plumbers operating in cities of impact studies. However, she said, ATV tion on contract expenditures specified in fewer than 5,000 people, requires all new users are not the only source of degrada- the recently passed budget bill. The other plumbing installations to be inspected and tion in public lands. “We need to be provision establishes a moratorium on the prohibits a firm, person or corporation concerned not just with ATV users, but 60-month time limit for eligibility to from working at the business of a master with everybody,” she said. Bartz also said receive Minnesota Family Investment Plan plumber, restricted plumbing contractor or ATV users do not expect taxpayers to (MFIP) assistance. The moratorium journeyman plumber unless licensed by cover the cost of ATV trails, but want the provision expires June 30, 2004. The the Department of Health. The amend- projects to be funded through user fees. assistance provision also expands those ment was adopted. Krentz said that user fees do not pay eligible to receive hardship extensions to Regarding the assistance provision, for the trails on county lands. “I’m not anti- include individuals designated as hard to Berglin said the moratorium is needed to ATV,” she said, “but I am anti-destroying employ because they are victims of family help individuals receiving assistance get natural resources.” violence and are participating in an through the recession. A recession hits the The committee members discussed the alternative employment plan. The measure hard to employ the most, Berglin said. She provisions in a bill, authored by Sen. John also expands those eligible to receive said it is difficult in the current climate for Hottinger (DFL-Mankato), that addresses hardship extensions to individuals who are employment providers to find jobs for
4 their clients. Berglin said the measure gives percent of assistance recipients from the 5- solicitations. The bill makes available people a chance to continue receiving year limit. States are given the leeway, she copies of the list to those wishing to make assistance while they are looking for the said, and her proposal just uses it. She also telephone solicitations, prohibits solicita- jobs that they need. said job counselors are saying it is ex- tion being made to any person on the list “Hopefully this will give them a tremely difficult to find jobs right now, and establishes penalties for those who do window of opportunity to recover from the and the five year limit is colliding with the solicit someone on the list. The bill also recession, and then we can go back to the recession. grants several exemptions from the old policy,” she said. Sen. Pat Pariseau (R-Farmington) solicitation prohibition. Sen. Claire Robling (R-Prior Lake) asked what kind of a strain the measure Sen. James Metzen (DFL-South St. said MFIP participants have had 60 puts on the budget. Chuck Johnson, from Paul) offered an amendment eliminating months of assistance, so it is not as if their the Department of Human Services, said the authority, established by the bill, of the benefits are being eliminated suddenly. there are 2,700 families reaching the 60 Public Utilities Commission in certain She said at some point the state must be a month time limit within the next year. Of situations to make an order regarding the little more strict and hold people account- these, he said current law exempts 1,400 “tariff, regulation, act, omission or service able, but Legislators shouldn’t be portrayed from the time limit, which leaves 1,300 that is just and reasonable” and to impose as mean spirited or as bullies for doing so. who are not exempt. Of the 1,300 remain- self-executing or automatic remedies and Johnson agreed that there should be ing, Chuck Johnson said about 25 percent penalties. The amendment also eliminates limits to assistance. However, he said in are covered by the extension provided in a clause that exempts telephone compa- the “real world” many times people get the proposal. The bill was approved and nies of less than 50,000 customers from the “clobbered” and experience difficulties sent to the Senate floor. order. In discussions regarding the bill, through no fault of their own. Berglin’s Sen. Richard Cohen (DFL-St. Paul) Metzen said, it was decided to do away proposal is modest, he said, and most carried S.F. 3246, a bill regulating with the entire provision, rather than to Minnesotans should find it reasonable. telephone solicitation. The bill establishes simply exempt small companies. He also Berglin said the federal government a list of telephone numbers of individuals said the exemption, put into the bill gives states the right to exempt up to 20 who do not wish to receive telephone during a meeting of the Transportation
Director of Emergency Communications and Technology Bureau John Dejung, right, plays a recording of a 911 emergency call for members of the Senate Finance Committee Wed., Mar. 20, as Sen. Jane Ranum (DFL-Mpls.) looks on. Ranum was present- ing a bill dealing with homeland security provisions. Photo by David J. Oakes
5 Committee update
A young girl peers from behind a placard as various children’s advocates gathered in the Capitol rotunda Mon., Mar. 18, as part of “Voices for Children Advocacy Day.” Photo by Shelley Hawes and Public Safety Budget Division, is a rebates of state sales taxes may not be Board of Dentistry for implementation. policy issue that should have gone through considered a means of support. The bill Sen. Deanna Wiener (DFL-Eagan) offered the Judiciary Committee. The amendment was approved and sent to the Senate floor. an amendment specifying that those was adopted. Sen. Sheila Kiscaden (R-Rochester) obtaining a guest license or registration are Metzen also offered an amendment carried S.F. 3155, which allows dentists, subject to the rules and laws of Minnesota. that appropriates $482,000 from the dental hygienists or dental assistants The amendment was adopted. The bill was general fund to the Commerce Department currently practicing in North Dakota, approved and sent to the Senate floor. to establish and maintain the no-call list South Dakota, Iowa or Wisconsin to Sen. Thomas Neuville (R-Northfield) and to enforce its provisions. The amend- obtain guest licensure or registration for authored S.F. 3114. The bill allows an ment was adopted. The bill was approved practice in Minnesota. The bill requires obligor to obtain a limited drivers license and sent to the Senate floor. those granted a guest license or registration for 90 days when they fall behind on child S.F. 2569 was carried by Sen. Dan to practice in a public health setting support payments. In current law, when an Stevens (R-Mora). The bill specifies that established by a nonprofit organization individual falls three months behind on rebates of federal sales taxes may not be designed to provide dental care to those child support payments the individual’s considered a means of support regarding who have difficulty accessing dental care. license is suspended until a payment eligibility requirements for admission to The measure also requires those obtaining agreement is reached. The measure allows the Minnesota Veterans Nursing Homes. guest status to practice in a single, specific an obligor whose driver’s license has been Current law specifies only refunds or location and appropriates $3,000 to the suspended to bring a motion to have it
6 reinstated. Under the bill, if the license is to transit operations and capital expendi- sin has tied the gas tax to inflation for a reinstated, a written payment agreement tures within the Metropolitan Area. The number of years. The amendment failed by must be established. The bill also allows, bill raises the gasoline tax by six cents and a vote of 12 to 14. when an obligor is in arrears, the establish- ties the tax to inflation for future years. Sen. Sheila Kiscaden (R-Rochester) ment of a child support graduated payment The measure also eliminates the maximum presented an amendment to require the plan that is tailored to the financial tax rate for vehicle registration and money in the metropolitan transportation circumstances of each obligor. The bill authorizes a referendum for November fund used for highway system improve- was approved and sent to the Senate floor. 2002 on a 0.5 percent sales tax for ment, replacement, bottleneck removal Sen. Jim Vickerman (DFL-Tracy) highway spending in the 11 county projects and metropolitan system highway authored S.F. 2793. The bill requires the Metropolitan Area. According to Minne- expansion projects to be used for projects development of a plan to allow Medical sota Department of Transportation identified in the Metropolitan Council’s Assistance (MA) to reimburse counties for Commissioner Elwyn Tinklenberg, the 25-year plan and the Department of children’s mental health residential proposal helps meet transportation needs Transportation’s 20-year district plans. The treatment services provided in Iowa, North in the state. amendment was adopted. Dakota, South Dakota and Wisconsin. The “We feel it is a step in the right Sen. David Johnson (DFL- bill was approved and sent to the Senate direction,” he said. “This is something that Bloomington) offered an amendment to floor. can make a difference. We can make sunset the sales tax increase in ten years. S.F. 2827, which provides for the improvements and this will help us move The amendment was adopted. registration of agents of student athletes, there.” Sen. Pat Pariseau (R-Farmington) was presented by Wiener. The bill Dean Johnson offered an amendment presented an amendment that appropriates prohibits an individual from acting as an exempting the Department of Transporta- $10 million from bond proceeds to athlete’s agent in Minnesota without being tion from the contract freeze authorized by construct the interchange at I-35W and registered, provides standards and prohib- the budget reconciliation bill. He said the County Road J. The amendment was not ited conduct for an agent, prescribes the proposal came to him from constituents, adopted. The bill was approved and contents of an agency contract and and also said the department will be better referred to the Tax Committee. requires both the agent and the athlete to off the sooner the use of contracted Dean Johnson also carried S.F. 3298, give notice of the contract within 72 hours services is allowed. Sen. Jane Krentz (DFL- which deals with a number of transporta- after signing or before the next game, May Township) supported the amend- tion provisions. The bill makes several whichever is earlier. The bill also gives the ment. She said it is needed to help appropriations from the trunk highway student the right to void the contract construction jobs be completed. Sen. fund, including $500,000 for the Trunk within 14 days after it is signed, gives the Claire Robling (R-Prior Lake) also Highway No. 55 Joint Powers Board to educational institution a private right of supported the amendment, saying it must hire a consultant, $5.046 million to repair action against a student athlete or an agent be added to take full advantage of the damage to the Capital Complex Transpor- for damages and sets penalties for agents construction season. tation Building exterior, $9.5 million for for violations. Under the bill, $9,000 is However, Douglas Johnson opposed MnDOT to construct a consolidated appropriated from the general fund to the the amendment. He said special waivers operations facility, $14 million to build a Commerce Department to implement the regarding the contract freeze are not MnDOT building in Mankato for a state measure. Wiener offered an amendment, needed, and added that it is instead better patrol and a driver’s license examination which was adopted, to establish a $1,000 to have a standard policy for all depart- station and $2 million to convert fee to register as an agent and for registra- ments. There are, he said, other waivers in MnDOT’s analog microwave backbone tion renewal applications. The bill was other departments to consider. He said he communications system to digital. approved and sent to the Senate floor. spoke against a similar exemption for the Sen. Julie Sabo (DFL-Mpls.) offered Johnson also moved to reconsider S.F. Departments of Human Services and an amendment specifying that an agree- 388, the Fair and Clean Elections Act. The Health during a previous meeting of the ment entered into between the Minnehaha motion, however, failed. committee. The amendment was not Creek Watershed District and the Minne- adopted. sota Department of Transportation Transportation bill approved Sen. Steve Dille (R-Dassel) offered an regarding a court case currently proceeding Sen. Dean Johnson’s (DFL-Willmar) amendment to delete the section of the has the force of law. The case involves a major transportation finance proposal was bill tying the gasoline tax to inflation. He dispute over the flow of water into approved by members of the Finance said he was philosophically against such a Coldwater Springs in Minneapolis. Committee, chaired by Sen. Douglas measure, and that gas tax increases should Sen. Dennis Frederickson (R-New Johnson (DFL-Tower), at the meeting instead be voted on as needed. Douglas Ulm) said he was concerned about giving Tues., Mar. 19. Johnson opposed the amendment. He said a party other than the Legislature the The bill, S.F. 2812, creates a there had been no increase in the tax since ability to do things that have the force of multimodal transportation fund with 1988. Sen. Keith Langseth (DFL-Glyndon) law. He also said that if someone were to money raised from motor vehicle sales also opposed the amendment. He said read the amendment if it became law, they taxes. The fund has two accounts: a other taxes–such as the income tax– would have no idea what it is referring to. multimodal account to be used for any increase when conditions change, so it is Robling said she had concerns about transportation purpose in the state, and a not out of the ordinary to tie a gas tax to approving a proposal without knowing transit account to be used for costs related inflation. He also said the state of Wiscon- what the results of the court case will be.
7 Committee update educate eligible individuals about the program. An appropriation of $75,000 from the state government special revenue fund is made to the Board of Dentistry to implement the program. Kiscaden said the bill provides the opportunity for dentists to see patients who don’t have coverage. She also said in some states, where the program has been used for a number of years, there has been a great return on the investment. The bill was approved and sent to the Senate floor. Frederickson carried S.F. 3177. The bill modifies provisions in the wastewater infrastructure funding program. The measure also specifies that the purpose of the program is to assist municipalities that demonstrate financial need to build cost efficient projects to address existing environmental or public health problems. Frederickson offered an amendment authorizing the Public Facilities Author- ity–instead of the Pollution Control Agency–to submit to the United States Environmental Protection Agency (EPA) an intended use plan for projects. The amendment also lists several eligibility requirements for the intended use plan and authorizes the public facilities authority to issue up to $1 million in bonds–instead of $850,000–to achieve its purposes. The amendment was adopted. Frederickson also presented an amendment that gives the Public Facilities Authority permission to provide a half grant and half loan if a municipality’s costs are increased because of geological conditions and more stringent discharge limits. The amendment limits the assis- tance to $25,000 per existing connection. The amendment also specifies that the Public Facilities Authority must match a grant given to a municipality by the United States Army Corps of Engineers. The amendment was adopted. The bill was approved and sent to the Senate floor.
Homeland security measure ok’d Members of the Finance Committee, chaired by Sen. Douglas Johnson (DFL- Senators, from left, Leo Foley (DFL-Coon Rapids), Charles Wiger (DFL-North St. Tower), approved a bill relating to Paul) and Linda Higgins (DFL-Mpls.) examine a new legislative district map as it homeland security at their meeting Wed., comes off a printer–moments after the results of redistricting were revealed Tue., Mar. 20. Mar. 19. Photo by David J. Oakes S.F. 2683, carried by Sen. Jane Ranum (DFL-Mpls.), enacts various anti-terrorism However, the amendment was adopted. Under the bill, the program must establish measures. The measure establishes penal- The bill was approved and sent to the a network of volunteer dentists, establish a ties for individuals who commit acts of Senate floor. system to refer eligible individuals to the terrorism, promote certain criminal acts, S.F. 2811, authored by Kiscaden, appropriate dentists and develop and take responsibility for certain criminal creates a donated dental services program. implement a public awareness campaign to acts, aid others who commit acts of
8 terrorism or give false information regard- Ranum said people living in Greater said, and all were able to communicate ing acts of terrorism. The bill also estab- Minnesota gain better 9-1-1 service with each other Sept. 11. lishes penalties regarding the use of through the surcharge increase. She also Elaine Keefe, from the Minnesota biological agents, toxic chemicals, toxins said the bonding bill was already com- Library Association, also testified in and radioactive materials. S.F. 2683 pleted by the time the bill was ready. support of the bill. She said the bill is includes several revenue raising proposals. Sen. Jane Krentz (DFL-May Town- important for library services; it provides The bill changes the 9-1-1 service fee ship) offered an amendment dealing with funding to connect library catalogs and assessed to customers from 27 cents each emergency waste and debris management allows material to be shared in a cost month to no less than 8 cents and no more and disposal. The amendment authorizes effective way. Keefe also said libraries than 52 cents each month. The change is the Minnesota Pollution Control Agency provide Internet access to many people, expected to generate $17.7 million per to allow an exemption from requirements and the demand is growing. Computers, year. The money is used to meet the in statute enforced by the agency for the she said, are busy all of the time. She said current 9-1-1 service needs, to upgrade management and disposal of debris and libraries across the state “desperately” need technology at Public Safety Answering waste in emergency situations. The the funding. Points (PSAPS), for the Metropolitan measure allows an embargo to be placed “Public telecommunications is the Radio Board to leverage bonds, for each on a specific geographical area limiting lifeline of a modern library,” she said. Medical Resource Communication Center food or consumer commodity movement Others testified against the bill. (MRCC) and to link all PSAPS in the into or out of the area. The amendment Representatives from the Minnesota state with fire departments. The measure also clarifies language regarding a quaran- Retailers Association and the Minnesota authorizes the Metropolitan Council, on tine zone of control in an emergency Chamber of Commerce said the bill adds behalf of the Metropolitan Radio Board, situation. Krentz said the amendment costs to businesses. Jerry Knickerbocker, to issue up to $60 million in revenue represents one-third of the governor’s anti- with the Minnesota Telephone Associa- bonds. The funds are to be used to finance terrorism proposal. The amendment was tion, said the bill increases taxes on one the completion of the Minnesota Public adopted. The bill was approved and sent part of the state’s economy. He said the bill Safety Radio System in the Metropolitan to the Senate floor. must be looked at with Ranum’s bill, Area, the initial phase of statewide Sen. Steve Kelley (DFL-Hopkins) which already includes a fee on telephone expansion of the system to the Rochester carried S.F. 3205. The bill creates the use, the 9-1-1 surcharge. The two bills, he and St. Cloud regions and to assist counties public telecommunication services said, represent a large tax increase on and cities that shared in the cost of the account by imposing a fee of 0.5 percent telephone bills. initial infrastructure of the system to of the gross receipts from retail sales of Sprint representative Victor Dobras recover some of their investment. The bill telecommunications services. Under the also spoke in opposition to the bill. He also allows grants for training and equip- ment to be awarded to state agencies and bill, the telecommunications account is said the goals of the measure are laudable, local units of government for emergency required to fund the learning network of but a tax on communications services is preparedness purposes. Minnesota–which in the past was funded the wrong way to fund it. Telephone Ranum said much of the bill is through the Higher Education Services customers, he said already pay numerous designed to increase the communication Office (HESO)–and the telecommunica- state and federal fees. He said the bill capacity in the state. She said one critical tion access revenue program, regional should be funded through the general fund 9-1-1 service upgrade that is needed–that library telecommunication aid and any instead. is not available now–is the ability to shortfall in 2003 in the MNLink program. “Communications companies should locate cellular telephone users. Highlight- The account also provides grants for a not be tax collectors for educational ing the importance of good communica- hospital emergency communications services, medical networks and emergency tion in emergency situations, Ranum also network to connect all hospitals in response networks,” he said. read from a recent New York Times article Minnesota to one interoperable network Sen. Dennis Frederickson (R-New that stated that many firefighters died for information sharing purposes. Ulm) said there are difficult issues in the when the World Trade Center towers Tom Lehman, from the Minnesota bill, but added it should be moved along. collapsed on Sept. 11 because their Hospital and Healthcare Partnership, He said that while there are many things in dispatchers could not reach them. spoke in favor of the bill. He said hospitals the bill worthy of funding, he didn’t like “That shows the importance of good, need to be able to communicate with each adding charges to phone bills. However, effective communication,” she said. other outside of a regular phone line. As he said it is important to keep the bill Several members were concerned an example why this is important, Lehman alive in order to give the parties involved about the additional 9-1-1 service charges. pointed to the events of Sept. 11, when a chance to work out their differences and Sen. Sheila Kiscaden (R-Rochester) asked telephone lines went down and hospitals perhaps find a more acceptable way to why a surcharge is put on all phones across could not communicate with each other. fund it. He moved to refer the bill to the the state if the expansion of the Public As a result, he said, news reports showed Tax Committee without recommendation. Safety Radio System is not entirely doctors and nurses just waiting outside The bill was advanced without recommen- statewide. She also asked why the system their hospitals and clinics to see if patients dation to the Tax Committee by a vote of isn’t funded through capital bonding were coming in. In contrast, he said, 15 to 10. instead. Douglas Johnson asked what rural Washington, D.C. has a communications Kiscaden authored S.F. 2622. The bill Minnesota communities–such as those in network between health care agencies. All creates a volunteer health care provider Cook County–gain from the increase. hospitals are connected to the system, he program under the Department of Health
9 Committee update to facilitate the provision of health care adopted. The bill was approved and sent regarding his bill. He also said the measure services on a volunteer basis through to the Senate floor. helps the economic situation in the Iron eligible health care facilities and organiza- Sen. Ellen Anderson (DFL-St. Paul) Range, brings jobs to Northern Minnesota tions. The bill also specifies that a health carried S.F. 3431, the omnibus jobs and and creates the means to add needed care provider who furnishes free health economic development bill. The bill power to the state. care services under the program is an changes how the state pays interest on “I think it will stabilize the economy employee of the state for tort liability loans received from the federal govern- on the Iron Range, and it’s a very good purposes. Under the bill, the program is ment for the unemployment insurance trust opportunity to solve several problems,” he established under the administrative fund to authorize an assessment of 2 to 8 said. The amendment was adopted by a services unit of the health related licensing percent on employers whenever the fund vote of 14 to 13. The bill was approved by board. Kiscaden said the bill especially falls below $150 million instead of an a vote of 22 to 10 and sent to the Senate helps retired health care professionals or assessment of 10 percent. The measure floor. those without coverage for certain provides temporary extended unemploy- Sen. Don Betzold (DFL-Fridley) situations to volunteer their services. ment benefits to applicants who do not carried S.F. 2991, which requires the Ken Peterson, from the Office of the qualify for benefits under the federal payment of a salary differential to certain Attorney General, spoke in opposition to Temporary Extended Unemployment state employees who are members of the the bill. He said the bill makes the state Compensation Act of 2002 and provides a national guard or other military reserve the insurer against medical malpractice three-tenths of one percent increase in the units and who have been called to active claims and leaves the state open to assessment on employers for the workforce military duty on or after Sept. 11, 2001. potentially serious cases involving AIDS, development fund. The bill also provides The measure also allows–but does not tuberculosis and psychiatric claims 26 more weeks of unemployment benefits require–local units of government to do resulting in death. Peterson said there is no for employees who worked for various the same for their employees called to funding in the bill and there is no clear airlines or related industries, were laid off active service. The bill was approved and client for the office under the bill. on or after Jan. 1, 2002, from Fingerhut sent to the Senate floor. Kiscaden said the chance of a lawsuit Companies, or were laid off on or after July taking place is rare because only fairly 8, 2001, from Farmlands Food Company. Rules and Administration routine issues are looked at in a volunteer Under the bill, the extra benefits program clinic. She said the Salvation Army opens expires Jan. 3, 2004, and no extra benefits Appointees approved a clinic in Rochester by converting a may be paid after that date. Anderson said The Rules and Administration normal office into a doctor’s office. No major parts of the bill are designed to Committee met briefly Mon., Mar. 18, to deep, diagnostic work is normally done at extend benefits to individuals who have consider the appointment of two individu- a volunteer clinic, she said, and if more is lost their jobs in the current recession and als to the Campaign Finance and Public needed, patients are usually referred to increase the solvency of the Dislocated Disclosure Board and to act on two elsewhere. Worker Trust Fund and the Unemploy- measures. Sen. Linda Berglin (DFL-Mpls.) said ment Insurance Trust Fund. The panel, chaired by Sen. Roger D. the bill was looked at in the budget Sen. Keith Langseth (DFL-Glyndon) Moe (DFL-Erskine), approved the ap- division and it was decided that a supple- offered an amendment to add workers laid pointments of Susan Steven Chambers and mental appropriation could be given if a off from the Potlach Corporation in Crow Clyde Miller to the board with little lawsuit arose. She said many health care Wing County to those eligible to receive debate. professionals already have their own 26 weeks of extra benefits. The amend- Members also considered a bill insurance for volunteer situations, and ment was adopted. allowing the appointment of election they are not experiencing any problems. If Sen. David Johnson (DFL- judges who are not affiliated with a major there were problems, she said, no one Bloomington) offered an amendment political party. According to Sen. Linda would be volunteering. The chance for designed to facilitate the development of Scheid (DFL-Brooklyn Park), chief author liability, she said, is slim. new base load electric generation plants of the measure, S.F. 2950 is an attempt to Douglas Johnson said Peterson had on Minnesota’s Iron Range. The measure deal with the decline in numbers of legitimate concerns, and asked if it would requires the Public Utilities Commission persons who volunteer to be election be appropriate to approve the bill with a to determine the appropriate criteria to be judges. The bill was approved and sunset date for some point on the future. used in selecting bids to build a plant from advanced to the full Senate. Sen. Cal Larson (R-Fergus Falls) said the utility companies that are responding to a The second bill, S.F. 2672, authored bill represents a reasonable way for health request for proposals. The amendment is by Sen. David Tomassoni (DFL- care professionals to help those without the same language as a bill moving Chisholm), was before the committee health insurance. He offered an amend- through the Senate carried by Sen. David because the measure did not meet the ment to sunset the bill June 30, 2007. The Tomassoni (DFL-Chisholm). deadline for committee action on bills. amendment was adopted. Several Senators said the amendment The bill requires an investigation into Kiscaden also offered an amendment does not belong in the bill since there is no criteria used to evaluate certain power to appropriate $50,000 to pay for any legal financial issue attached. However, Douglas acquisition request for proposals. costs incurred by the attorney general in Johnson said rules give broad discretion to Tomassoni said the bill is aimed at defending a civil action brought against a offer amendments. Tomassoni said no encouraging the construction of certain health care provider. The amendment was action is being taken in the House energy facilities to meet the need for
10 Senators, from left, Deanna Wiener (DFL-Eagan), Sheila Kiscaden (R-Rochester) and Linda Berglin (DFL-Mpls.) consult during a recent committee hearing in Room 15 of the Capitol. Photo by David J. Oakes additional electric generation capacity in development in the state. The broader have no direct impact on the general fund, the future. The bill was advanced to the national recession following the Sept. 11 Lehto said, but the employer contributions Senate floor. tragedy and mass layoffs in small Minne- to the UI trust fund have to be increased to The panel also met briefly Thurs., sota communities precipitated a number of cover the additional benefits. Mar. 21, to consider another late bill. S.F. proposals to address these issues, said Sen. Jack Weidenbach from the Depart- 1755, authored by Sen. LeRoy Stumpf David Johnson (DFL-Bloomington). ment of Economic Security said the state (DFL-Thief River Falls), provides for a Johnson carried two bills, S.F. 2856 and will receive $163 million from the federal school employees health insurance plan. S.F. 2857, both of which deal with gaps in government for the UI trust fund. The The measure was advanced to the Finance unemployment insurance (UI) and extend money is intended to cover people who Committee. benefits to laid off workers, he said. S.F. have exhausted UI benefits, but qualified 2856 extends unemployment benefits up for an extension. An amendment was State Government, to 26 weeks for workers laid off from any proposed that enables unemployed employer as of Jan. 1, 2002, while S.F. workers who have not met the minimum Economic Development, and 2857 shifts the base period for calculating 20 week federal standard for UI to receive the Judiciary Budget UI so that more laid off workers may benefits as well. qualify. Sen. Ellen Anderson (DFL-St. Paul) Division “The primary effect will be to double carried S.F. 3431, a bill that allows a the potential length of every unemploy- special assessment on taxpaying employers Employment bills discussed ment claim,” said Minnesota AFL-CIO to pay interest on any loan from the federal Members of the State Government, representative Brad Lehto. S.F. 2857, unemployment trust fund. Anderson said Economic Development, and the Judiciary according to Lehto, allows over 3,000 her intention was to build an omnibus Budget Division gathered Thurs., Mar. 14, additional unemployed Minnesota economic recovery and jobs bill by adding to discuss several bills designed to aid workers to receive benefits who would not on a variety of additional bills and unemployed workers and foster economic qualify under the current rules. The bills provisions. Anderson stated her preference
11 Committee update for three items to be added to the bill, S.F. UI trust fun would be $80 million in debt job applicants for background or credit 2857, the amendment that allows benefits by the end of next year. With the change, checks. An amendment that facilitates the to workers who have not the federal the trust fund will be $23 million in the purchase of a brownfield site in St. Paul for minimum standards, and S.F. 2492, a bill black, he said. the construction of a new armory was also that provides extra unemployment benefits The division adopted Anderson’s carried by Higgins. Both proposals were to workers laid off from Fingerhut, proposal to incorporate a portion of S.F. amended into the omnibus bill. Farmland Foods, and airline and airline- 2462 into the omnibus bill. The amend- An amendment that incorporates related companies. Anderson said the ment increases the assessment paid into the workplace ergonomic standards into the provisions found in S.F. 2856 were workforce development fund by increasing omnibus bill was adopted. Sen. Julie Sabo excluded because they are simply too taxable wages from 60 percent to 70 (DFL-Mpls.) carried S.F. 2541, which expensive and that she was trying to pass a percent of the state’s annual wage, increas- requires the Department of Labor and bill that matches the House companion. ing the workforce enhancement fee from Industry to adopt occupational safety and Tom Hesse from the Minnesota Chamber .09 percent to .12 percent of taxable health standards that regulate workplace of Commerce spoke in opposition of the wages, and increasing deposits to the fund ergonomic hazards. Hesse opposed the provisions found in S.F. 2857. He said it from .07 percent to .1 percent of taxable amendment and said companies have wasn’t necessary to make qualifying for UI wages. already made ergonomic improvements benefits any easier since Minnesota already S.F. 3059, carried by Sen. Linda without a state or national mandate. has one of the least stringent programs in Higgins (DFL-Mpls.), was also incorpo- The Department of Trade and the country. All three items were incorpo- rated into the omnibus bill. The bill Economic Development technical bill, rated into S.F. 3431. requires youth employment in construc- S.F. 3176, and S.F. 2456, a bill that allows David Johnson offered an amendment, tion projects paid for with early childhood foster parents to attend school conferences, which was adopted, that sets the UI base program construction or rehabilitation were incorporated into the omnibus bill. tax rate at four-tenths of one percent for grants. Higgins also sponsored S.F. 2763, S.F. 3134 was recommended to pass 2003. Without the fix, Johnson said, the which prohibits employers from charging and sent to the Finance Committee.
Senators, from left, Mady Reiter (R-Shoreview), Linda Scheid (DFL-Brooklyn Park) and Leonard Price (DFL-Woodbury) serve up birthday cake in the Senate retiring room Thur., Mar. 21, in honor of Senators whose 60th birthdays occurred this year–the aforementioned among them. Photo by Shelley Hawes
12 Taxes Sen. Lawrence Pogemiller (DFL- Included in the article pertaining to Mpls.), committee chair, said, “The department policy provisions are items Opinions on taxes heard business community needs to come to the that change both the deadline for contest- Members of the Taxes Committee met table with a little balance.” He said the ing property tax assessments and taconite Thurs., Mar. 13, to hear public testimony Chamber of Commerce had asked for years production tax rules, as well as a delay of for inflation to be included in budget on the possibility of raising taxes to cover the repeal of the June accelerated sales tax forecasts, but now that the economy has budget shortfalls. by one year to Jan. 1, 2004. Sellner also changed businesses are seeking to elimi- Jenny Engh, from the Dept. of Rev- described several provisions related to nate inflationary increases. “The Cham- enue, said the economic stimulus package, property taxes, including a provision that ber,” he said, “is disingenuous.” recently signed into law by President ties business property tax assessments to Duane Benson, from the Minnesota property values instead of inflation. George W. Bush, further intensifies the Business Partnership, said, “There is one state’s budget crunch. The package cuts The draft proposed several exemp- thing about the budget forecasts you can tions to the statewide sales tax, including federal tax rates for corporations, on which count on. They are always wrong.” He said the state rates are based, Engh said. The meals and instructional materials other because estimates are only guesses, the than textbooks at higher education department estimates that the stimulus Legislature should not increase taxes to package will result in a $240 million loss institutions, and construction materials for pay for projected shortfalls in FY 04 and replacement agricultural processing in revenues in FY 02 and FY 03. FY 05. He also said the Partnership Several individuals recommended facilities destroyed by fire and certain advocates using the state’s reserves. “That hydroelectric generating facilities. raising taxes on tobacco products to help is what reserves are there for,” he said. reduce smoking and bring in additional The major item in the bill related to Tim Flaherty, representing the income taxes is a proposed temporary revenue. Dr. Marc Manley, from the Coalition of Greater Minnesota Cities, Center for Tobacco Reduction and Health increase in tax rates to restore the general said it is too early to judge the effects of fund reserve balance. Improvement, said, “Raising tobacco taxes property tax reform enacted last year. will save lives, improve health and save Sellner said that among the items However, he said, Greater Minnesota cities included in the educational levies section, money.” He said studies have shown that recommend two changes. The first, he said, the city of Minneapolis is authorized to increasing taxes on tobacco is the single is a reduction of taxes on low value farm levy an additional $35 per pupil to recoup most effective method of reducing tobacco property. The second, he said, is a lowering costs associated with desegregation aid. use by youth. He recommended that the of taxes on combined residences and Sen. David Tomassoni (DFL- state add $1 tax per pack, making the total businesses. taxes on a pack of cigarettes $1.48. Chisholm) offered an amendment for Sen. Linda Scheid (DFL-Brooklyn discussion concerning taconite deductions. Tax bill draft distributed Sen. Don Samuelson (DFL-Brainerd) Park) said, “This is one of those taxes you Chair Lawrence Pogemiller (DFL- raise with the hope that you don’t actually explained an amendment that exempts Mpls.) convened the Tax Committee Fri., construction materials for schools from collect any taxes.” Mar. 15, to distribute and describe his William Blazar, from the Minnesota sales tax. Sen. Mady Reiter (R-Shoreview) initial draft of the phase two and three explained an amendment that exempts Chamber of Commerce, said the state budget reconciliation bill for FY 04-05. should not raise taxes to cover projected local units of government and military Pogemiller emphasized the bill did not retirees from sales taxes. Tomassoni offered budget shortfalls in FY 04 and FY 05. He represent the consensus of the DFL caucus said the state should not increase budget an additional amendment that seeks LTV nor was it intended to be the final say of dislocation declining enrollment aid for appropriations to inflation. He said the the committee. Pogemiller said the bill was government should demand greater several school districts. Sen. Steve Kelley distributed for discussion purposes only. (DFL-Hopkins) said he plans to seek a efficiency from schools and other state Senate Counsel JoAnne Zoff Sellner funded institutions. “Otherwise,” he said, telecommunications bill surcharge to described the various articles of the budget provide adequate telecommunications “we are just paying more for the same old reconciliation draft. The initial miscella- funding for schools and libraries. No thing.” neous article contains several data privacy action was taken on any amendments. Sen. LeRoy Stumpf (DFL-Thief River provisions, but also included proposed Falls) said, “The same old thing is having increases in the cigarette sales tax, Sellner 90 percent of high school students said. Pogemiller added the cigarette tax Draft plan updated graduate.” Sen. John Marty (DFL- increase in the draft was in line with the Members of the Tax Committee met Roseville) said inflation, by definition, governor’s proposal to increase the tax by Mon., Mar. 18, to consider updates to a meant paying more for the same services. 29 cents. Sellner continued by describing draft version of the omnibus tax provisions He said inflationary increases are necessary proposed language in the general public in the second budget reconciliation bill in order to keep programs up to the same finance provisions, which includes a for FY 02-03. The draft proposal was standards. public finance bill carried by Sen. Ann offered by Committee Chair Lawrence Cheryl Furrer, representing Education Rest (DFL-New Hope), provisions related Pogemiller (DFL-Mpls.) and first unveiled Minnesota, said, “Our organization urges the transfer of duties from the state at the panel’s previous meeting. you to increase revenue to insure that treasurer to the Department of Finance, The plan raises $581.4 million in education can succeed.” She said schools transit bonds for the Metropolitan Coun- revenue in FY 02-03 and over $1.8 billion try everything to save money and improve cil, and general obligation bonds for for the next biennium. The draft includes efficiency. public improvements in St. Paul. proposals from the governor–such as
13 Committee update terminating the tax reciprocity agreement decrease with a $1 increase in the cigarette provides for the designation of over with Wisconsin and increasing the tax. Pogemiller said an increase of up to 35 102,000 acres of consolidated conserva- cigarette tax by 29 cents. The cigarette tax, cents will increase revenue $3 million per tion lands as wildlife management areas. under the plan, is also indexed to inflation 1 cent tax increase. After the 35-cent Sen. Mark Ourada (R-Buffalo) sponsored after June 30, 2004. Pogemiller’s proposal threshold has been reached, he said, S.F. 1811, which provides for the transfer also temporarily rolls back income tax consumption is projected to drop enough of all or part of a drainage system to a rates to their 1998 levels and makes to reduce marginal revenue increases. water management authority. changes to the state’s participation in the Jeremy Hanson, Minnesota Smoke-Free The committee devoted the bulk of Streamlined Sales Tax Project, including Coalition, said a $1 cigarette tax increase its hearing to S.F. 3436, which is the eliminating the so-called “bread tax.” is projected to reduce teenage tobacco second phase of the budget reconciliation Various other changes in sales and property consumption by 36.9 percent and adult plan. Members worked on a draft of tax taxes, considered by the tax budget consumption by 11.4 percent. provisions, crafted by Sen. Lawrence divisions, are also incorporated in the Pogemiller (DFL-Mpls.), to be amended plan. Transportation package gains onto the bill. Pogemiller, who chairs the Pogemiller said the plan may not A bill pouring over $5 billion into committee, said the tax plan fully replen- receive the committee’s approval in its the state’s transportation systems over the ishes the state’s cash flow and budget current form. “The chair hasn’t gone next 10 years was approved by Senators reserve accounts by the beginning of FY 04 around twisting any arms” in the Majority during the Wed., Mar. 20, hearing of the and pays for about 40 to 43 percent of the Caucus, he said. “Members are going to Tax Committee. The bill, S.F. 2812, is structural challenge in FY 04-05. He said have use their best judgement,” Pogemiller carried by Sen. Dean Johnson (DFL- the plan also provides the revenue for 2.5 said, about passing out of the committee a Willmar). The legislation includes a 6- percent inflationary growth in general plan that balances the state’s budget for the cent increase in the gasoline tax, and education funding. current biennium. Without new revenue, indexes the tax to inflation. A referendum Originally the plan included a plans to pay for inflation in education in the 11-county Metropolitan Area to temporary rollback of income tax rates to costs and refilling the budget reserve ratify a 0.5-cent increase in the sales tax is their 1998 levels. Pogemiller dropped the accounts cannot go forward, he said. “Even also included among provisions in the bill. rollback, he said, because the automatic using funds in the tobacco endowment Members adopted an amendment, return of tax rates to lower levels at the will not be enough to satisfy the bond people in New York,” Pogemiller said. offered by Sen. Steve Kelley (DFL- start of FY 06 was recommended against by Sen. William Belanger (R-Bloomington) Hopkins), allowing the Department of Department of Finance officials. He said said the fiscal impact of a reduction in the Transportation (MnDOT) to enter into he was advised the plan would create a state’s bond rating is not that great. contracts so long as general fund dollars financial cliff for FY 06. Pogemiller said The Department of Revenue is are not used to pay for contracted services. that while temporarily raising income looking at various options for conforming, Johnson said about $423 million in taxes was his preference, the revised plan or not conforming, with federal tax projects are currently in question because targets another revenue source: tobacco. changes recently passed, Pogemiller said. language from Phase I of the budget The draft includes a bifurcated cigarette “This plan assumes that we will not reconciliation is not clear about transpor- tax–taxes on cigarettes are raised by 30 conform with the budget act of the federal tation contracts that do not draw on the cents on May 1, 2002, and by an addi- government,” he said. When the depart- general fund. tional 30 cents on Jan. 1, 2003. ment makes a recommendation about a An amendment adding $7.30 to the Hennepin County Attorney Amy state response to the federal actions, cost of a ticket issued by a state trooper was Klobuchar spoke against a provision in the Pogemiller said, then that recommenda- offered by Sen. Steve Murphy (DFL-Red plan creating an amnesty program for tion can be included in the proposal. Wing). The money raised by imposing a payment of unpaid taxes. She said an Sen. Kenric Scheevel (R-Preston) said surcharge will be dedicated to a fund for amnesty program compounds public that if the Legislature increases state training new troopers and retraining perceptions of two levels of justice–one spending, the income tax increase may last current troopers, under the amendment. for the wealthy and one for the poor. beyond the end of the FY 04-05 biennium. Johnson said the state is 47th in the nation Klobuchar also questioned the advisability Pogemiller said the intent is to “blink off” in the number of troopers per lane miles of giving white collar criminals what the higher tax rates when the budget and population. Murphy said the surcharge appears to be a free pass. She said it was reserves are refilled and the state achieves raises just over $1.6 million per year, also inappropriate for the Legislature to fiscal stability. He said a plan to sunset the which he said meets the State Patrol’s intervene in criminal investigations higher tax rates on June 30, 2005 may go needs to reach the full complement of currently underway. forward, if the Department of Finance rules troopers and to retrain troopers. The Revenue Commissioner Matt Smith the plan does not create structural imbal- amendment was rejected, 9-13. said the state loses about $660 million a ance in the budget. S.F. 2812 was approved and advanced year to noncompliance with tax laws. He Members of the committee, including to the floor. said the policy question before Senators Sen. Steve Murphy (DFL-Red Wing), Members also approved two other was what long-term strategy makes the questioned projections about revenue bills, S.F. 2125 and S.F. 1811. Both bills most sense. Assistant Commissioner Dwight from the cigarette tax increase. Murphy were sent to the full Senate. S.F. 2125, Lahti said an amnesty program would not asked how much smoking rates would carried by Sen. Roger Moe (DFL-Erskine), work as well in Minnesota as it appears to
14 have done in other states. Lahti said factors the end of FY 05. Funds raised by the tax, Sen. Don Samuelson (DFL-Brainerd) to consider include the fact that many state Kelley said, are dedicated to providing offered an amendment offering extra revenue departments do not have existing disparity aid funding for high-speed unemployment benefits to persons laid off audit and enforcement programs, unlike telecommunications access for K-12, from airlines, airline-related industries, Minnesota. Other states, he said, also have higher education and library networks Fingerhut, Farmland Foods, and Potlatch. multiple amnesties, while the proposed across the state. The amendment was The amendment was adopted. Members Minnesota amnesty will be one-time. Lahti opposed by representatives of the telecom- also adopted an amendment reinstating added that Minnesotans value paying munications industry, while representa- funding for agriculture information taxes and take pride in filing on time, on tives of rural educators and Minnesota centers. Sen. LeRoy Stumpf (DFL-Thief the whole. He also noted that a state libraries spoke in favor of the amendment, River Falls) said the amendment, which he amnesty without a federal amnesty was saying it will equalize access to telecom- offered, does not appropriate new money unlikely to make tax evaders come munication. Sen. Arlene Lesewski (R- but only requires the Department of forward. Marshall) said she recognizes that a Agriculture to look within its own budget Sen. Ann Rest (DFL-New Hope) program funding high-speed access needs for the funds. offered an amendment removing the money, but she said the proposed tax isn’t An amendment offered by Sen. Mady amnesty program from the bill. Sen. Grace the appropriate source. Kelley said he had Reiter (R-Shoreview) providing members Schwab (R-Albert Lea) said the program been looking for sources, but no one has of the National Guard, armed forces, or should be tried in Minnesota, because 35 come up with any alternatives to his plan. armed forces reserves called to active duty other states have tried amnesties at one The amendment failed. with a $5,000 income tax credit was not time and have found increased revenues as After considering a series of other approved by the committee. Sen. Michelle a result. The amendment was adopted, 17- amendments, many technical in nature, Fischbach (R-Paynesville) offered an 10. members adopted an amendment grafting amendment appropriating $356,000 for Members also considered an amend- the entire tax proposal, including amend- implementation of “Women’s Right to ment, offered by Kelley, proposing a 0.5 ments, onto S.F. 3436. The panel then Know” legislation. After a brief discussion percent sales tax on telecommunications. turned to consideration of the bill as a of the amendment’s appropriateness for the The tax, under the amendment, sunsets at whole, including non-tax amendments. bill, the committee adjourned.
Members of the Tax Committee vote on an amendment during a committee hearing Wed. Mar. 20. Photo by David J. Oakes
15 Floor update Monday, March 18 municipality for the purposes of tort out-of-state facilities that care for children claims. Johnson said the bill is to allow a with severe emotional disturbance. Bills processed non-profit in Kandiyohi County to obtain Sen. Don Samuelson (DFL-Brainerd) The floor session Mon., Mar. 18, insurance. Sen. Twyla Ring (DFL-North carried S.F. 2486, a bill that requires all consisted of action almost exclusively on Branch) carried S.F. 3140, which allows proposals for major spending on radiation Special Orders. The initial bill, S.F. 2697, food service workers to use earned wage therapy facilities to be reviewed and carried by Sen. Ann Rest (DFL-New credits for unemployment benefits. Sen. approved by the Department of Health. Hope), sparked the most debate. Because Kenric Scheevel (R-Preston) questioned if The bill, Samuelson said, prohibits over time the prevailing standard in school districts will have to set aside more building a radiation therapy facility within property transactions regarding disclosures money for unemployment benefits. Ring 10 miles of an existing facility without the shifted from “buyer beware” to the replied that there is no fiscal impact permission of the Department of Health obligation of the seller, Rest said, the bill because the workers have paid for and and codifies what had been common codifies and clarifies the disclosure received the benefit before. The bill was practice amongst Minnesota companies, responsibilities of the seller related to the granted final passage on a 40-27 vote. but was recently violated by an out-of- condition of the home. state corporation. Samuelson introduced “This bill brings clarity to the law, Tuesday, March 19 an amendment that enables an existing comfort to buyers, promotes knowledge- joint legislative task force to review areas able transactions, and brings consistency to Several bills passed beyond radiation therapy facilities. The disclosure transactions,” Rest said. The bill Members devoted most of the Tues., amendment was adopted. refers only to the adverse facts pertaining Mar. 19 session to debate and final passage Another amendment, offered by Sen. to the physical condition of the property of bills on Special Orders. Deanna Weiner (DFL-Eagan), removes an of which the seller is aware, Rest said. The following bills were granted final exemption for prospective review for Sen. Deanna Weiner (DFL-Eagan) passage on Special Orders. Sen. Richard hospitals. Weiner said many for-profit offered an amendment that clarifies Cohen (DFL-St. Paul) carried S.F. 3075, a facilities are housed within hospitals and liability in case of a violation. Sen. Don bill that clarifies the payment of sales tax should not be exempted. The amendment Betzold (DFL-Fridley) opposed the on the sale of a motor vehicle sold in merely levels the playing field, she said. amendment. He said it sanctions non- violation of dealer licensing requirements. Sams said the amendment does not have disclosure. “Real estate agents don’t want S.F. 2673, also carried by Cohen, estab- the support of the Minnesota Hospitals to be sued when something goes wrong,” lishes guidelines for de facto custodians. Association and should be rejected. Sen. he said. Sen. Bob Lessard (IND-Int’l. Falls) Two amendments were adopted, one to Sheila Kiscaden (R-Rochester) said there said he was concerned about buyers conform the bill to case law, and the other, is a broader problem and that the amend- abusing the law by using litigation to not offered by Sen. Julie Sabo (DFL-Mpls.) ment was premature. Weiner said the live up to their end of a contract. Betzold allows one of the participants to request Department of Health should have the added that the amendment puts the buyer that a hearing and ex parte order be authority to determine if a hospital at a disadvantage because the buyer has to respected by the other party. Cohen also exemption is appropriate. Robertson prove that the seller had some prior sponsored S.F. 2859, a bill that changes proposed an alternative solution that knowledge of a physical defect. The the deadline for submission of the extends the one year prohibition on amendment failed. governor’s budget to the Legislature to Jan. unauthorized radiation therapy facility Sen. John Marty (DFL-Roseville) said 15. Cohen said the bill is to allow legisla- expansion and allows the task force time that buyers could discover defects about a tors a couple of extra weeks during the to do its work. The motion to accept house after the two year window described session to address budget issues. Weiner’s amendment failed. in the bill. He offered an amendment that Sen. Dallas Sams (DFL-Staples) Sen. Steve Kelley (DFL-Hopkins) said would strike the two year limit and extend authored S.F. 2909, which allows a health he has not seen the empirical data that the window to six years, as in other fraud maintenance organization (HMO) rural health costs rise when there are more cases. Rest said the two-year limit was demonstration project. Sams said the bill radiation therapy facilities in a given area. consistent with other disclosure provisions. eases restrictions and conditions on a Berglin replied that when there are more The Marty amendment failed. The bill was HMO to bring health services to centers with the same number of patients granted final passage. underserved rural citizens. Sen. Linda in a given area, patients are forced to pay The following bills were also granted Berglin (DFL-Mpls.) proposed an amend- more to maintain the increased costs of final passage on Special Orders. S.F. 2821, ment, which was adopted, that cleans up facilities. Kelley said he was concerned carried by Sen. Linda Scheid (DFL- the language of the bill and exempts about protecting inefficient providers from Brooklyn Park), regulates and modifies medicare-related coverage from prescrip- new competition. The bill was granted provisions related to real estate brokers tion drug co-payments. S.F. 2986, carried final passage on a 53-10 roll call vote. and salespersons. An amendment that by Sen. Martha Robertson (R- S.F. 3148, carried by Berglin, requires reduces the scope of the bill and elimi- Minnetonka), requires school districts to cities facing housing shortages with nates controversial provisions was submit information regarding contract populations over 50,000 to ease restric- adopted. S.F. 3200, carried by Sen. Dean settlements within 30 days. S.F. 2793, tions regarding accessory housing. Berglin Johnson (DFL-Willmar), provides that a carried by Sen. Jim Vickerman (DFL- said the bill allows cities to increase the non-profit organization operating an Tracy), requires the commissioner of amount of affordable housing in commu- environmental learning center is a human services to develop a plan to certify nities because it will be easier for property
16 owners to convert and renovate old remote communications and use electronic amendment that made sections of statute garages or carriage houses. Speaking in communications. The bill passed 65-0. dealing with limited salaries of employees, opposition to the bill, Sen. William Sen. Steve Kelley (DFL-Hopkins) conflicts of interest and contracting Belanger (R-Bloomington) said the state presented S.F. 3272, which prohibits policies, and audits by the state auditor shouldn’t be involved in local zoning telecommunication companies from applicable to the organization. Kelley issues and that the bill will lower property selling, without customer consent, infor- moved to amend her amendment by values because of the increase of multi- mation obtained from costumers through removing the requirements about conflicts housing units in areas zoned for single the course of providing services. He said of interest and contracting policies. His family homes. Sen. Warren Limmer (R- currently telephone companies can sell a amendment to the amendment was Maple Grove) suggested the population list of phone numbers customers call to adopted 36-27. Bachmann’s amendment restriction be removed to allow housing third parties without customer consent. was adopted 64-0. needs in smaller rural communities to be The members voted 64-0 in favor of the Sen. Warren Limmer (R-Maple met. Sen. Pat Pariseau (R-Farmington) said bill. Grove) offered an amendment that makes the bill is unnecessary because communi- Kelley’s second bill, S.F. 2908, the organizations’ board of directors and ties are already addressing the issue on prohibits Internet service providers from executive directors “officials” under law, their own. An amendment was adopted selling information obtained about limiting the kinds of gifts they may that clarifies mobile homes are excluded customers by providing services to them. receive. The amendment was adopted. from the bill’s provisions. The bill also The restricted information, he said, The bill passed 65-0. received final passage. includes lists of web sites visited by Sen. Jane Krentz (DFL-May Town- Following Special Orders, H.F. 3618, customers. However, he said, the bill does the House capital bonding proposal, was ship) presented S.F. 2675, which expands not prohibit sites that collect information the current requirement that public received. Sen. Keith Langseth (DFL- about visitors from sharing the data. Kelley facilities have multiple recycling contain- Glyndon) proposed an amendment that offered an amendment, which the Senate ers. Under the bill, any entity that receives replaced the House language with the adopted, that clarifies that law enforce- funding from the state for capital improve- previously approved Senate capital ment officials do have access to informa- bonding bill language. The amendment tion from Internet service providers about ments must have recycling containers on was adopted, and members gave the their customers. He said the change is their premises. The Metro Council, measure final passage in order to return the needed to comply with the Patriot Act Metropolitan Mosquito Control Agency, bill to the House. passed by Congress in response to terrorist courts, school districts, towns and several Two bills were granted final passage acts. other institutions are affected by the on the Consent Calendar. Sen. James The second provision in Kelley’s bill measure. Metzen (DFL-South St. Paul) carried S.F. requires advertisers to label unsolicited e- Sen. Jim Vickerman (DFL-Tracy) 2392, a bill that updates statutes related to mail with the letters “ADV” in the subject sponsored an amendment that requires the the 911 emergency telephone system. Sen. heading. He said the labeling allows e- state to buy motor vehicle fuel that is Dan Stevens (R-Mora) sponsored S.F. mail users to easily screen out unwanted clean fuel, such as biodiesel, hydrogen and 2569, which clarifies that federal rebate advertisements. The bill also prohibits ethanol blends, for state-owned vehicles. checks are not to be considered means of advertisers from having misleading The amendment also mandates that support for Veterans Homes residents. information in the subject heading. vehicles bought by the state be compatible Members granted concurrence and Sen. Mady Reiter (R-Shoreview) with clean fuels. repassage to S.F. 2932. The bill encourages asked whether the requirement on adver- Sen. Dan Stevens (R-Mora) said he citizen water quality monitoring. Senate tisements is enforceable. Kelley said it is had recently purchased ethanol fuel that sponsor Sen. Jane Krentz (DFL-May possible to track down companies in the was cheaper than regular gas for his car. He Township) said she accepted the minor United States. He said currently the said the provision is unlikely to increase changes made by the House. Attorney General’s Office is able to costs to the state. regulate on-line gambling in Minnesota, Limmer offered an amendment to the Wednesday, March 20 despite the lack of physical location of amendment, which was approved, that web casinos. However, he said, it would be requires the state to buy clean fuel only Privacy bills passed difficult to track down advertisers abroad. when it is reasonably affordable to do so. “We are updating statutes to fit with The bill passed 65-0. The bill, as amended, was passed 58-6. how our world has changed,” said Sen. Kelley’s third bill, S.F. 3028, creates a The Minnesota Pollution Control Linda Scheid (DFL-Brooklyn Park) about semi-private organization to oversee the Agency, under a bill presented by Sen. a bill the Senate passed, when the members state’s Youth Service programs, part of the Linda Higgins (DFL-Mpls.), is rid of two met Wed., Mar. 20. Three of the bills federal AmeriCorps initiative. He said the programs, which are no longer active. voted on by the Senators during the session bill is an effort to reduce costs for the Dept. Higgins said the bill incorporates recom- addressed uses and regulation of telecom- of Children, Families and Learning (CFL). mendations by the agency, which has munications and Internet technology. Sen. Michele Bachmann (R- suffered budget cuts, to reduce the cost of Scheid’s bill, S.F. 2542, authorizes Stillwater) said the creation of a semi- its operations. The bill also creates the board members of investment companies private organization will put the Youth Central Iron Range Sanitary Sewer District. and non-profit organizations to hold Service programs beyond the reach of The members voted 63-0 in favor of the meetings that are required by law through legislative oversight. She offered an measure.
17 Committee update H.F. 197, which appropriates $7.8 Frequently called numbers Senate on the World Wide Web million for the conversion of public The Minnesota Legislature’s Web site television stations to digital transmission, Secretary of the Senate has been updated. A joint effort of the was also heard by the Senate. The bill, 231 Capitol (651) 296-2344 Senate, House of Representatives, Legisla- which passed 59-6, is authored by Sen. Voice mail/order bills (651) 296-2343 tive Reference Library, Legislative Keith Langseth (DFL-Glyndon). Senate Index Commissions, and the Office of the The Senate considered four bills for 110 Capitol (651) 296-2887 Revisor of Statutes, the site offers easier concurrence and repassage. The members Senate Information access to a variety of legislative and concurred with House amendments 62-0 231 Capitol (651) 296-0504 government information. on S.F. 2419, authored by Sen. Arlene Toll free 1-888-234-1112 The Legislature’s page (http:// Lesewski (R-Marshall). The bill regulates Senate Committee Hotline (651) 296-8088 www.leg.mn) includes links to other government agencies and departments, as portable wading pools in family care Senate Sergeant at Arms G-1 Capitol/Chamber (651) 296-1119 well as copies of Minnesota Statutes, settings. Session Laws, and Rules. The page also Sen. Bob Lessard’s (IND-Int’l Falls) Senate Counsel & Research G-17 Capitol (651) 296-4791 allows one to track legislation and get S.F. 2768, which changes provisions in the general information about the legislative medical assistance demonstration project, TTY, Senate (651) 296-0250 Toll free 1-888-234-1216 process. The site includes a district finder was granted repassage on a 64-0 vote. Legislative Reference Library service for those who need to contact their S.F. 3073, sponsored by Sen. David 645 State Office Building (651) 296-3398 House member or Senator. Other informa- Knutson (R-Burnsville), clarifies the Revisor of Statutes tion–about visiting the Capitol, state standard for a misdemeanor violation of 700 State Office Building (651) 296-2868 history and symbols, and employment orders for protection and no contact orders Capitol Information Desk opportunities with the Legislature–is also and was repassed 62-0. 1st Floor Capitol (651) 296-3962 available. The Senate voted 61-0 to repass Sen. Capitol Historic Site Tours Information about joint legislative James Metzen’s (DFL-South St. Paul) S.F. B-59 Capitol (651) 296-2881 departments, the various legislative commissions, and task forces is available at 3117, which permits the transfer or Capitol Security B-4 Capitol (651) 296-6741 http://www.commissions.leg.state.mn.us. disposal of interceptor facilities. The House of Representatives Web page (http://www.house.mn) includes Thursday, March 21 membership and committee information. It also has daily news, information, and the Bills granted final passage Tour the Capitol on CD-ROM daily House schedule. House journals and In addition to tackling the omnibus Senate Media Services has announced legislative information are also available. transportation funding bill, the “do not the release of a CD-ROM tour of the The Senate Web site (http:// call” bill and the anti-terrorism initiative Capitol, called “A Building for All...” www.senate.mn) has information about at the floor session Thurs., Mar. 21, Go to the Rotunda, the Governor’s members, committees and Senate staff. The members also granted final passage to Reception Room, the Senate Chamber, the page also has daily and weekly schedules for the Senate, as well as copies of the several bills on Special Orders. House of Representatives Chamber, the Journal and Senate Briefly. The status of S.F. 2881, authored by Sen. Richard Supreme Court Chamber, and the legislation and confirmation of executive Quadriga at your own pace and in any Cohen (DFL-St. Paul, addresses the need appointments by the Senate is also order you like. for low and moderate housing by specify- available. ing discretionary municipal subdivision Travel behind the scenes to quarters Both the Senate and House Web sites authority. that are not normally opened to the public offer streaming video access to floor and S.F. 3187, carried by Sen. Sandra like the House and Senate Retiring selected committees. Pappas (DFL-St. Paul), amends and repeals Rooms, the Supreme Court Justices’ unneeded and obsolete education provi- Consultation Room, or the Governor’s Private Office. Streaming Videos Available sions. Brilliant digital photography captures Two videos, “Discover the Capitol” H.F. 2882, sponsored by Sen. Satveer the artistic beauty of the building and the and “Rules, Laws and Process,” can now be Chaudhary (DFL-Fridley), regulates the professional voice-over provides back- accessed through the Legislature’s website operation of electric personal assistive ground information and historical perspec- at http://www.leg.state.mn.us/leg/youth/ mobility devices, such as the Segway tive on the paintings, architecture, video.htm (Requires Real Player or device, on sidewalks and roadways. sculpture, and interior design that make up Windows Media Player.) These videos are S.F. 2707, authored by Sen. Steve Minnesota’s State Capitol building. excellent sources of information on the Kelley (DFL-Hopkins), fills in an inadvert- “A Building for All...” can be pur- history of the State Capitol and on how ent omission for a temporary increase in chased for $5 per CD (both PC and Mac laws are made in Minnesota. For more the surcharge for filing and recording versions on one disc) or borrowed at no information or to borrow a video tape of documents to fund the Real Estate Task cost by contacting Senate Media Services either program contact Senate Media Force. at (651) 296-0264. Services at (651) 296-0264.
18 Floor action Monday, March 18 of portable wading pools at family day care settings. 62-0 S.F. 2768-Lessard: Changes provisions in the Medical Assistance Bills granted final passage on Special Orders demonstration project. 64-0 S.F. 2697-Rest: Establishes disclosure requirements for sellers of S.F. 3073-Knutson: Clarifies the standard for a misdemeanor violation residential real estate. 61-4 of protection and no contact orders. 62-0 S.F. 2821-Scheid: Regulates the conduct of real estate industry licensees, modifies disclosures and regulates investigations by the commissioner of Bills granted final passage on Special Orders commerce. 66-0 S.F. 2542-Scheid: Regulates business corporations and limited liability S.F. 3200-Johnson, Dean: Provides that a nonprofit organization companies, provides legal recognition of electronic records and signatures operating an environmental learning center is a municipality for purposes and regulates meetings by means of remote communiciations. 65-0 of tort claims. 58-6 S.F. 3272-Kelley: Enacts the Telecommunications Consumer Privacy S.F. 3140-Ring: Provides that wage credits earned by certain school Act. Provides for the privacy of telecommunications customer food service employees may be used for unemployment benefit purposes. information and requires consent for disclosure of customer information. 40-27 64-0 S.F. 2908-Kelley: Regulates electronic mail solicitations, protects privacy Tuesday, March 19 of Internet consumers and regulates use of information about Internet users. 65-0 Bills granted concurrence and repassage S.F. 3028-Kelley: Authorizes the Minnesota Commission on National S.F. 2932-Krentz: Encourages citizen water quality monitoring. 59-0 and Community Service to create and delegate duties to a private nonprofit corporation. 65-0 S.F. 2675-Krentz: Modifies the application of recyclable material Bills granted final passage on Special Orders container requirements for public entities. 58-6 S.F. 3075-Cohen: Provides for payment of sales tax on a motor vehicle S.F. 3134-Higgins: Clarifies individual sewage treatment classification, sold in violation of dealer licensing requirements and abolishes abolishes the waste tire grant and loan program, requires a water quality misdemeanor penalties for certain offenses relating to vehicle titles. 62-0 permit progress report and establishes the Central Iron Range Sanitary S.F. 2859-Cohen: Changes the dealine for the submission of the Sewer District. 63-0 governor’s budget to the Legislature. 62-0 S.F. 2909-Sams: Permits a health maintenance organization rural Bills granted final passage under suspension of the demonstration project and modifies enrollee cost-sharing provisions for health maintenance organizations. 62-0 rules S.F. 2986-Robertson: Requires school districts to submit timely H.F. 197-Langseth: Provides for grants to certain noncommercial information about teacher contract settlements. 61-0 television stations to assist with conversion to a digital broadcast signal S.F. 2793-Vickerman: Require the commissioner of human services to as mandated by the federal government. 59-6 develop a plan to certify out-of-state facilities that care for children with severe emotional disturbance. 56-0 Thursday, March 21 S.F. 2486-Samuelson: Modifies requirements for major spending commitments of radiation therapy facilities. 53-10 Bills granted final passage on Special Orders S.F. 3148-Berglin: Provides for accessory dwelling units and requires S.F. 2881-Cohen: Specifies discretionary municipal subdivision municipalities to report separate permit totals for certain types of authority. 39-19 residential units. 43-20 S.F. 3246-Cohen: Limits unsolicited telephone calls and expands the S.F. 2673-Cohen: Provides for custody of children by de facto Public Utilities Commission investigation enforcement authority. 65-1 custodians and third parties. 62-0 S.F. 3187-Pappas: Amends and repeals unneeded and obsolete education provisions. 64-0 Bills granted final passage under suspension of rules H.F. 2882-Chaudhary: Regulates the operation of electric personal H.F. 3618-Lanseth: Omnibus bonding bill. 51-14 assistive mobility devices on roadways and sidewalks. 53-4 S.F. 2707-Kelley: Fills in an inadvertent omission for a temporary Bills granted final passage on the Consent Calendar increase in the surcharge for filing and recording certain documents to S.F. 2392-Metzen: Modifies emergency 911 telephone system provisions fund the Real Estate Task Force and extends the effective date for the to establish emergency 911 telecommunications sytem. 64-0 surcharges. 56-0 S.F. 2569-Stevens: Clarifies items to be considered means of support for residents of Minnesota Veterans Homes. 63-0 Bills granted final passage under suspension of rules S.F. 2812-Johnson, Dean: Omnibus transportation and transit funding Wednesday, March 20 bill. 39-26 H.F. 2622-Ranum: Enacts the Minnesota Anti-Terrorism Act of 2002. Bills granted concurrence and repassage 66-0 S.F. 3117-Metzen: Provides for the transfer or disposal of sewer interceptor facilities. 61-0 S.F. 2419-Lesewski: Defines portable wading pools and clarifies the use
19 Redistricting Plans
Maps of the redistricting plan advanced by the special redistricting panel appointed by Chief Justice Kathleen Blatz. Under federal law, states must enact new districts for state legislators and congressional representatives after every decennial census. Since the Legislature and governor did not act before Mar. 19, the panel released its plans.
Above, Metro Area Senate districts. Next page, a statewide map of the new Senate districts.
Following pages, statewide and Metro Area Congressional districts, as drawn by the special panel.
Maps courtesy LCC Geographic Information Systems
20 21 Redistricting Plans
22 The full text of the panel’s orders in the cases challenging the current district maps–as well as various maps and data reports–can be found online at http://www.courts.state.mn.us/cio/redistricting_panel.htm
Interactive maps and other information can be found on the Legislature’s Geographic Information Systems office web site at http://www.commissions.leg.state.mn.us/gis/html/plans2002.html
Legal discussions and explanations of redistricting, prepared by the Office of Senate Counsel and Research, can be found at http://www.senate.leg.state.mn.us/departments/scr/treatise/
23 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 297-8060 Leonard R. Price 235 Cap. 57 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8061 Jane B. Ranum 120 Cap. 63 DFL 296-9246 Linda Higgins 328 Cap. 58 R 296-1253 Mady Reiter 132D SOB 53
DFL 296-6153 John C. Hottinger 205 Cap. 24 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-5419 Twyla L. Ring 306 Cap. 18 DFL 296-3826 Dean E. Johnson 124B Cap. 15 R 296-4314 Martha R. Robertson 141 SOB 45 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4123 Claire A. Robling 143 SOB 35 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 DFL 296-4274 Julie A. Sabo 317 Cap. 62
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 297-8063 Dallas C. Sams 328 Cap. 11 R 296-5649 Bob Kierlin 127 SOB 32 DFL 296-4875 Don Samuelson 120 Cap. 12 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-4848 Sheila M. Kiscaden 135 SOB 30 DFL 296-8869 Linda Scheid 303 Cap. 47 R 296-6455 Dave Kleis 107 SOB 16 R 296-9248 Grace S. Schwab 151 SOB 27
R 296-4120 David L. Knutson 133 SOB 36 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
Capitol address: 75 Constitution Avenue, St. Paul, MN 55155. State Office Building address: 100 Constitution Avenue, St. Paul, MN 55155. All phone numbers are area code 651.
Senate Publications
G-22 Capitol PERIODICAL St. Paul, MN 55155-1606 POSTAGE PAID [email protected] AT ST. PAUL, MN (651) 296-0259 TTY (651) 296-0250
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This paper contains 30% post consumer fiber.
24 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 6 Floor update
Page 18 Floor action
Page 20 Chapters
Page 24 Conference committees
Plant Management employee Art Casselo clears the remnants of a cruel April Fool’s joke from the west steps of the Capitol. Photo by Shelley Hawes
March 29 and April 5, 2002
1 Senate Highlights Conference committees begin web site may be found at: contribute half of the cost of construction, Upon returning from a short five day http://www.senate.leg.state.mn.us $165 million, into the gift fund and break, Senators turned their attention to requires an agreement between the team completing floor action on the major bills Stadium bills examined and city to supplement the gift fund with of the session and beginning conference Chairs Sen. Dean Johnson (DFL- at least $10 million per year. The measure committee negotiations to resolve differ- Willmar) and Rep. Harry Mares (R-White also requires a finding by the commissioner ences between Senate and House versions Bear Lake) convened the Stadium of finance that all revenues will be of the bills. Conference committees are Conference Committee Wed., Apr. 3, to sufficient to meet bond payments, and working to hammer out compromises on a hear presentations on the various stadium requires reform of Major League Baseball “Phase II” budget reconciliation bill, a proposals and the perspective of the (MLB) that increases the proportion of stadium funding proposal, anti-terrorism current Minnesota Twins ownership. revenues for small market teams. The key measures, transportation funding and a House analyst Joel Michael presented assumption in the House version is that the gift fund will have an 8.5 percent annual host of other issues. the House version of the bill. Michael said return, and if the return is lower, the Twins This issue of Senate Briefly covers under the bill the Metropolitan Sports will be responsible for making up the Senate committee and floor action from Facilities Commission transfers $15 difference, Michael said. Friday, March 22, through midday million from its reserves to create a gift Included in the bill are local tax Thursday, April 4. The next issue of fund, which is used to pay debt service on provisions to facilitate the city’s share of Senate Briefly will again span a two week bonds that will be issued. According to the the annual debt service, subject to period. bill, potential host cities will bid in front referendum. The bill allows a 10 percent In addition, this issue of Senate Briefly of an executive council comprised of state admissions tax, a food and beverage tax of contains a listing of all bills signed into constitutional officers, and the council no more than 5 percent, a lodging tax of 5 law as of Thursday, April 4, along with a will select a site by July 1, 2002. The bill percent maximum, and a parking surcharge listing of all the conference committee also includes a provision that requires the of at least $2. Michael said the Twins are members appointed thus far. current owners of the Twins to allow the required to sign a 30 year lease and MLB For the latest information on confer- possibility of community ownership if the must guarantee a team in the state for the ence committee schedules, please call the current owners decide to sell. next 30 years. Senate Information Office at (651) 296- Michael said under the bill the state Senate Counsel Pat Lien presented the 0504 or, if calling from Greater Minne- issues $330 million in state revenue bonds, Senate version. Lien said the structure of sota, 1-888-234-1112. In addition, the which will be secured by a combination of the Senate proposal is quite different, Senate web site will be updated regularly the gift fund, facility revenues, and local partially because the Senate bill includes with the latest information available. The taxes. The bill requires the team to provisions for a new football stadium as well. Lien described various taxes and surcharges used to pay debt service on Senate Briefly is a publication of the Photography: Minnesota Senate Publications Office. bonds that will be issued, including a 13 David J. Oakes percent sports memorabilia tax, 10 percent During the 2002 Legislative Session, Shelley Hawes each issue reports daily Senate activities admissions tax, a 6.5 percent on-site gross revenue tax, facility charges for broadcast- between Thursdays of each week, lists Writers: upcoming committee meeting schedules ers and the media expected to raise $3 Karen L. Clark and provides other information. The million per year, and a daily $1.50 publication is a service of the Minnesota Joshua A. Dorothy surcharge on rental cars, the revenue of Senate. No fee. It can be made available Steve Holman which will be equally divided among the in alternative formats. Mary Kate Stimmler stadium, airport noise mitigation, and Matthew Wickman affordable housing. Under the Senate version, site To subscribe, contact: selection is done by a reconstituted Senate Publications Office Metropolitan Sports Facilities Commis- G-22 Capitol sion, with one member from each congres- 75 Constitution Ave. sional district, Lien said. According to the St. Paul, MN 55155-1606 Senate Briefly is published weekly Senate bill, the commission must seed a (651) 296-0504 during the Legislative session by the sports facility fund with $10 million from 1-888-234-1112 Minnesota Senate Publications Office, its reserves, but the commission retains the (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. naming rights of the stadium. Like the Paul, MN 55155-1606. Periodical House bill, the team is required to contrib- ute $165 million and agree to similar Editor: postage paid at St. Paul, MN. POST- financial guarantees, but the state is only Karen L. Clark MASTER: Send address changes to Senate Briefly, Senate Publications bonding $205 million of the estimated Office, G-22 Capitol, 75 Constitution $370 million total project cost. The debt Assistant Editor: service for the remainder will be covered Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy by the various surcharges, fees, and local taxes, Lien said.
2 Department of Finance official Peter such as supplementing the gift fund if Ralph Strangis, a lawyer hired by Sausen described the governor’s proposal, returns are lower than expected. Sausen Twins owner Carl Pohlad to find a new on which the House version was modeled. added that the plan is flexible in many buyer for the team, presented an 18 point Sausen said under the proposal $330 aspects, including interest rate assump- list to the committee outlining the changes million in revenue bonds are issued by the tions, gift fund balances, and annual the Twins believed were necessary to the state at 6.5 percent. The Twins make a contributions. Sausen addressed lawmak- House version. Strangis said the cost of the $165 million contribution to a gift fund ers’ concerns by assuring the committee team combined with a $165 stadium down that is invested with a long-term perspec- that bonds could be sold at the stated payment will make it very difficult to find tive and expected to return 8.5 percent interest rates and that they would be a new owner. “Potential buyers want to see annually, according to the administration attractive to the bond market. if the net economics work. That’s why we plan. The annual debt service, Sausen said, Twins President Jerry Bell said he felt keep stressing the concept of flexibility,” is $21 million, approximately $11 million the House version of the stadium bill has sais Strangis. of which comes from the gift fund, and merit, but flexibility is needed. “We are $10 million from the team and/or local trying to figure out if it makes more sense Panel reviews anti-terrorism bills government. to pay more in interest along the way than The conference committee on H.F. The plan ensures that the interest up front,” Bell said. “With modifications 2622, the Minnesota Anti-Terrorism Act payments will be met every year and to the bill, we might be able to find a new of 2002, began meeting Tues., Apr. 3. The guarantee a gift fund balance of $330 buyer. It isn’t necessary to change the panel, chaired by Rep. Rich Stanek (R- million at the end of 30 years, Sausen said. fundamental economic assumptions of the Maple Grove) and Sen. Jane Ranum (DFL- Under the plan, the Twins role is to bill, but we would like to partner with the Mpls.), began the session by comparing the provide half of the up-front costs and local unit of government to determine different versions of the bill passed by the assume the risks associated with the plan, how and when local taxes are used.” Senate and House. Both versions of the bill enact a variety of anti-terrorism measures. The meeting focused on the side by side comparisons of the two measures and highlighting identical and differing provisions. The Senate version appropriates $1.78 million for FY 2002 and $18.288 million for FY 2003 to implement the provisions of the bill. Much of the funding is raised by increasing the 911 emergency telephone service fee, which is currently 27 cents per month. The measure also authorizes the sale of bonds to pay the costs of the public safety radio communication system. The House version uses $22 million from the tobacco use prevention and local public health endowment fund to provide revenue to implement the provisions of the bill. Both versions of the measure increase penalties and define crimes associated with terrorism. In addition, both measures contain provisions for terrorism response training, emergency response and emer- gency powers. The House version contains a number of additional provisions relating to anti- terrorism activities. For instance, the House version updates the wiretapping law to help interception of terroristic commu- nications, authorizes closing public Gazing down from the west gallery of the Senate chamber, University of Minnesota– meetings to discuss security issues, autho- Duluth women’s hockey players, assistant coach and vice chancellor acknowledge rizes embargoes limiting food and com- applause–Tues., Apr. 2–from members of the Senate in honor of their second modity movement, requires trucks to have consecutive NCAA national collegiate women’s ice hockey championship during a USDOT carrier numbers and requires Senate floor session Tue., Apr. 2. Photo by David J. Oakes proof of residency for drivers’ licenses.
3 Committee update Finance habits,” he said. “This really is the key to come from the budget reserves in the state’s containing health care costs.” general fund. He did not want, he said, to School health plans debated Several Senators voiced their con- reduce any per pupil funding or to reduce Members of the Finance Committee, cerns with the bill. Sen. Martha Robertson any other funding given to schools to pay chaired by Sen. Douglas Johnson (DFL- (R-Minnetonka) said one way to reduce for the study. He also said the study Tower), debated a bill establishing a costs is to reduce the amount of benefits authorized in the bill has never been done committee to investigate options for received. She said generous packages that before. Studies in the past, he said, have health insurance coverage for school may be unaffordable must be looked into cost around $85,000, and have only been employees at their meeting Wed., Mar. 27. if the entire gamut of school employee a general overview of the system. He said The committee established by S.F. health plans is to be researched. his proposal goes beyond what has been 1755, carried by Sen. LeRoy Stumpf (DFL- “I don’t see that in the data being done in the past. Thief River Falls), consists of 15 members collected,” she said. “That information is not available whose objective is to collect information However, Sen. David Johnson (DFL- now,” he said. “No one has that informa- on current insurance coverage for school Bloomington) said it appeared that her tion.” employees and to determine whether a concerns are addressed in the section of the Others had concerns regarding the new plan covering most or all school bill regarding the future design of any new funding. Sen. Deanna Wiener (DFL- employees is viable. If a new plan is plan. Eagan) asked how Stumpf arrived at the feasible, the committee must recommend Sen. Leo Foley (DFL-Coon Rapids) $900,000 figure. She asked if the study the design of the new plan. Under the bill, asked why the report is due for completion could be done with less money. Sen. Linda information collected during the investi- when the Legislature is not in session. He Berglin (DFL-Mpls.) asked if it would gation must include data regarding asked if it is possible to change the dates so harm the bill to wait until next year to employee group demographics, claim that the study is due for completion during provide the funding for it. She also said experience and other characteristics the session. the funding should come from the educa- determined necessary to establish rate Responding, Stumpf said the study tion budget–not a different budget–and structures for a school employee insurance authorized in the bill is not a small added she would be more comfortable if plan. Also, under the measure any new undertaking. There are over 100,000 the bill specified that the funding must school employees in the state, he said, and plan must be a large, true risk-sharing plan come from the education budget. it will take a considerable amount of time and must consist of consumer education Stumpf said that he was told in his to analyze all of the information obtained. provisions, including wellness programs discussions with representatives from the Sen. Mark Ourada (R-Buffalo) also said and measures encouraging the wise use of Minnesota Department of Employee the due dates for the study are appropriate. health insurance coverage. The committee Relations that the cost of an actuarial He said it takes time for Legislators to must submit an interim report regarding its study is around $700,000. The rest of the findings to the Legislature by June 1, 2003, digest information given to them. Also, it $900,000, he said, is divided between as well as a final report to the Legislature will be too late to take any action, he said, legal costs and committee expenses. He by June 1, 2004. The measure also if Legislators are handed the information at also said he would prefer to keep the appropriates $900,000 to carry out the the beginning of a session, rather than study. before. dollar amount in the bill. David Johnson According to Stumpf, one of the Several Senators had concerns with said the cost of providing health care to major issues in public education today is the amount of money spent for the school employees is going to increase the rising cost of health coverage for proposed study. Sen. Pat Pariseau (R- considerably again next year if nothing is employees. He said covering school Farmington) asked why another study was done. That fact, he said, should be employees cost approximately $400 being considered when several have been balanced against spending $900,000 now million last year and costs $475 million done already. She said she didn’t want a to perhaps save more money later. this year. A similar jump, he said, is study to be finished, filed away and David Haugen, from the Department expected next year. He said a study must ignored. Sen. Cal Larson (R-Fergus Falls) of Employee Relations, spoke regarding be done to make good decisions regarding said the study takes too long. It should take the breadth of the proposed study. He said future direction and to find a better and only six months, he said. He also said previous studies have been done, but they more efficient way to insure school spending $900,000 to complete the study have explored a variety of questions employees. is a waste of money. related to health insurance and have not “It’s very costly and everyone realizes Sen. David Knutson (R-Burnsville) just focused on schools. The studies, he the costs are going up dramatically every also said the study is a waste of money. He said, have not been intensive investiga- year,” he said. said similar studies have been done before. tions. He said information gathered in the Stumpf also said one of the major keys Knutson also said it may be better to previous studies is not sufficient to deal to any new health plan designed by the simply take testimony from different with all of the questions that need to be committee is the requirement in the bill to school representatives regarding creative addressed in order for a committee to emphasize wellness programs as a key ways their employees receive health care. recommend the feasibility of a new plan. component. Money can be saved, he said, “The last thing I want to do is take The study proposed in the bill, he said, by simply making sure that the employees money out of the classroom for another takes the next step. in the program are healthy. study,” he said. Sen. Dennis Frederickson (R-New “A huge amount of the cost of health Regarding the concerns, Stumpf said Ulm) offered an amendment to eliminate care can be reduced by [good] behavioral he envisioned funding for the study to the language specifying the new plan must
4 be a large “true risk-sharing” plan. He State and Local Government be an important part of the fabric of the instead added language specifying that any state and people,” he said. new plan must be a large plan “including Operations Herold presented a model of what he all eligible employees.” envisioned a new state flag would look He said the language in the bill was Flag task force discussed like. The flag was a simple design that confusing and ambiguous. The amend- Members of the State and Local incorporated a north star, and panels of ment was adopted. Government Operations Committee blue, white and green to represent the Wiener offered an amendment to gathered briefly on Tues., Mar 24, to state’s waters, winters and forests and require the goals of any new health plan to discuss a proposal to create a task force to agriculture. Herold said simplicity was the include “premium reduction and cost redesign the state flag. most important feature of the flag. containment.” S.F. 3201 author Sen. Edward Oliver Sen. Jim Vickerman (DFL-Tracy), Her amendment also requires recom- (R-Deephaven) said that while he likes the chair of the committee, defended the mendations to include the projected cost current state flag, many Minnesotans don’t current flag. “I don’t like it when people say we to implement a large plan. The amend- find the flag to be particularly recogniz- have an ugly flag,” Vickerman said, “When ment was also adopted. able or memorable. I look at that flag, it makes me proud to be Berglin made a motion to eliminate “Minnesota is considered to have one a Minnesotan. I see part of myself in that the $900,000 appropriation from the bill. of the poorest flags in the country,” said flag. I would keep it in a minute.” She said the funding should be moved out Oliver, citing a recent survey of state flags. Sen. Don Betzold (DFL-Fridley) and the committee should allow the Oliver said his bill creates a task force questioned why the Legislature needed to proposal to continue to be worked on. to study the form, design and style of the form a task force when interested citizens Where the funding comes from, she said, state flag. “It’s a minimal step,” he said. could organize themselves. Oliver replied should be decided as the bill moves along. Speaking in favor of the bill, Roches- any redesign effort would need a platform The amendment was adopted. ter flag business owner Lee Herold said the for visibility. The bill, as amended, was approved state should strive for a flag that isn’t just The motion to approve S.F. 3201 and sent to the Senate floor. beautiful, but effective. “The flag should failed.
Minority Leader Dick Day (R-Owatonna), left, advises Senators Kenric Scheevel (R-Preston) and Michele Bachmann (R- Stillwater) during a recent Senate floor session. Photo by David J. Oakes
5 Committee update
Representing the anti-smoking group Target Market, youth from throughout the state fill the Capitol rotunda, as banners repre- senting the reduction in the number of teenage smokers per county hang from the second floor. Photo by Shelley Hawes Taxes Floor action offered an amendment that prohibits shining a bright light to spot wild animals Abortion language added Friday, March 22 while in a moving vehicle. Sen. Leo Foley Members of the Tax Committee (DFL-Coon Rapids) questioned the value of a law that would be very difficult to resumed consideration of S.F. 3436, the DNR bill approved enforce. The amendment was adopted. second phase of budget reconciliation, Most of the morning portion of the An amendment that restricts all- Thurs., Mar. 21. The panel, chaired by Fri., Mar. 22 floor session was dedicated to terrain vehicles (ATVs) to DNR autho- Sen. Lawrence Pogemiller (DFL-Mpls.) debate surrounding the Department of Natural Resources (DNR) wildlife and rized trails for off-road activities was put had before it an amendment offered by forth by Sen. Anthony “Tony” Kinkel Sen. Michelle Fischbach (R-Paynesville). forestry bill. Bill sponsor Sen. Jane Krentz (DFL-May Township) said included in (DFL-Park Rapids). Kinkel said unre- The amendment appropriates funds for the stricted ATV use is destroying the state’s implementation of a 24-hour waiting S.F. 2674 are provisions pertaining to timber sales modifications, a prairie forests. “Seventy-two percent of Minneso- period for abortion. chicken hunting license lottery, turtle tans want limits on ATV cross country Pogemiller urged members to reject sellers licensing, aquatic plant control use,” he said, “and 13 percent want to see the amendment, saying it did not belong in permits, and firearms safety programs. them banned.” Kinkel said the amendment a tax bill. However, the committee Sen. Leonard Price (DFL-Woodbury) does not prohibit cross country ATV use adopted the amendment on a 16-13 roll offered an amendment that temporarily until the DNR builds 2,000 miles of trails. call vote. Other amendments to the bill, removes restrictions on the production of An amendment to the amendment was including changing from 60 cents to 64 tree seedlings. The amendment was accepted that excludes off-road ATV use cents the amount by which cigarette taxes adopted. A Krentz amendment was for hunting purposes. The provision arose will be raised, were also adopted. adopted that authorizes a study reviewing from concerns raised by Sen. Steve Dille Members took no action on the bill, citation authority for both (R-Dassel). which is sponsored by Sen. Douglas nonconservation and conservation Sen. LeRoy Stumpf (DFL-Thief River Johnson (DFL-Tower). officers. Sen. Kenric Scheevel (R-Preston) Falls) opposed the amendment because he
6 Floor update said it was inappropriate for the bill and time to ban these motorized decoys. Any more efficient criminal trials dealing with never had a hearing during the session. later, and it will only be harder.” The misuses of public funds. The bill also “This is such a dramatic change from the amendment failed. permits law enforcement and the state current policy,” Stumpf said. “This Sen. David Tomassoni (DFL- auditor to share information about crimes. amendment really should have undergone Chisholm) offered an amendment that Sen. Leonard Price (DFL-Woodbury) the scrutiny of the committee as well requires emergency hazard lights on offered an amendment to the bill that further study.” Sen. Dan Stevens (R-Mora) snowmobiles after June 30, 2005. Stumpf allows schools to share data with juvenile echoed Stumpf’s concerns. “This is a major said he didn’t think the requirement was justice workers. The amendment was policy decision. This is a very controver- necessary because the industry has been adopted and the bill was passed . sial provision on a non-controversial bill,” making safer machines. Sen. Debbie Sen. Dean Johnson (DFL-Willmar) Stevens said. Stevens then asked for a Johnson (R-Ham Lake) said that snowmo- brought forth S.F. 3298, the Dept. of ruling on the germaneness of the amend- biles have plenty of lights and are clearly Transportation’s (MNDOT) housekeeping ment to the bill. Senate President Don visible at night without additional bill. Sen. Sheila Kiscaden (R-Rochester) Samuelson (DFL-Brainerd) said that since regulations. Tomassoni replied the hazard offered an amendment, which the Senate it was an omnibus bill, the amendment was lights are necessary to ensure night adopted, that creates a tow truck certifica- germane. visibility during stalls or engine failure. tion system. She said the different levels of Krentz said she supported the Kinkel The amendment was adopted. Tomassoni certification would help the state to keep amendment and Sen. Becky Lourey (DFL- also offered another amendment that track of which towing companies are Kerrick) said that it is a jump start to legalizes the hunting of farmed cervidae. capable of handling complicated, emer- preserve the state’s forests. The amendment Sen. Linda Higgins (DFL-Mpls.) character- gency situations, such as two semi-trucks was adopted on a 41-21 vote. ized the amendment as shooting “Bambi in colliding on a highway. Sen. Dallas Sams (DFL-Staples) a barrel.” The amendment failed 21-38. Sen. Grace Schwab (R-Albert Lea) offered a two part amendment that allows S.F. 2674 was granted final passage on moved to amend S.F. 3298 to have all a husband and wife team who are both a 56-4 vote. commercial trucks carrying more than licensed turtle sellers to check each other’s 10,000 pounds to have U.S. Dept. of traps and removes a provision that requires Special Orders bills passed Transportation numbers. She said the a daily log of turtle trap locations. The Sen. Becky Lourey (DFL-Kerrick) requirement allows the state to know what amendment was split and members voted offered H.F. 1224, which defines medical trucks are carrying and where they are on each section separately. The first response units and outlines their manda- destined. The amendment was adopted. section of the amendment, allowing tory qualifications. The members ap- The Senate also adopted an amend- spouses to check each other’s traps, was proved the bill 53-0. ment offered by Sen. Satveer Chaudhary adopted. Sen. Pat Pariseau (R-Farmington) Persons who have their driver’s (DFL-Fridley), that permits local govern- said the requirement for daily logs of trap licenses suspended due to failure to pay ments to prohibit commuter trains from locations was unreasonable. This senti- child support may have limited driving blowing whistles near commuter rail ment was echoed by Sen. Charles Berg (R- privileges reinstated, under S.F. 3114, stations. He said the provision is needed to Chokio), who said it is impossible to keep sponsored by Sen. Thomas Neuville (R- prevent noise pollution in communities track of the exact location of traps because Northfield). “When licenses are sus- where commuter rail will eventually be they float around. The second half of the pended, people can’t get to work, can’t get developed. amendment was adopted as well. to school, can’t get to chemical depen- Sen. Douglas Johnson (DFL-Tower) Berg offered an amendment to delay dency treatment,” he said. S.F. 3114, he presented an amendment, which the the effective date of the bill by one year. said, is necessary to prevent suspended Senate adopted, that requires MnDOT to The amendment was rejected by members. licenses from creating greater obstacles to consider traffic to and from Canada for Motorized decoys are allowed to be paying child support. The bill was passed planning purposes. Knutson successfully used to hunt geese, according to an 52-3. offered an amendment that allows all local amendment offered by Sen. David Sen. Dennis Frederickson (R-New metropolitan governments to sell or Knutson (R-Burnsville). The amendment Ulm) brought forth a bill that changes the dispose of towed vehicles 15 days after is an exception to the prohibition of the wastewater infrastructure funding program notice has been sent to the vehicle’s use the motorized decoys in duck hunting, from a grant giving program to a revolving owner. said Knutson. The amendment was loan fund. The bill specifies that the Sen. Claire Robling (R-Prior Lake) adopted. However, Sen. Michelle Public Facilities Authority prioritize the brought forth an amendment, which was Fischbach (R-Paynesville) said the DNR list of projects needing funding. The adopted, that clarifies permitted use of doesn’t not support the prohibition of the measure was passed by the Senate 54-0. shoulders by buses and sets up a demonstra- use of motorized duck decoys in the bill, Sen. David Knutson (R-Burnsville) tion project testing the use of van pools on and offered an amendment that repeals the presented S.F. 2618, which requires public shoulder lanes. prohibition. Among the Senators who employees with evidence of theft, em- Noncommercial transportation of spoke in opposition to the amendment, bezzlement, or unlawful use of public large boats is allowed with the purchase of Sen. Douglas Johnson (DFL-Tower) said funds to promptly report to law enforce- a $60 annual permit, under an amendment the motorized decoys violate the spirit of ment and the state auditor. Knutson said offered by Sen. Warren Limmer (R-Maple fair chase in hunting and feared the the involvement of law enforcement Grove). He said the changes are needed devices’ growing popularity. “Now is the officials in investigations will result in because one of his constituents must buy a
7 Floor update permit for every time he hauls his wide tion from pre-admission screening require- also expands those eligible to receive boat to the lake. The Senate approved the ments and modifies targeted case manage- hardship extensions to individuals who are changes. ment client contact requirements. The employed if they belong to an assistance Sen. Steve Murphy (DFL-Red Wing) measure requires a case management unit, work less than 30 hours per week and authored an amendment that adds a $7.30 services study, modifies planned closure are limited in the number of hours they surcharge on moving violations and rate adjustment provisions, corrects may work because of an illness or disabil- dedicates the funds to the state trooper inconsistencies in mental health services ity. The measure gives the extension to account fund. “Speeders are the reason we coverage in border states, requires plumb- individuals receiving Temporary Assis- have state troopers,” he said, “so let’s make ers to be licensed, establishes inspection tance to Needy Families (TANF) funds them pay.” He said currently there are no requirements for new plumbing installa- under certain conditions as well. state troopers on the road in Greater tions, licenses restricted plumbing contrac- Berglin said the moratorium provision Minnesota after midnight except in tors and allows fees to be charged in order is necessary because MFIP participants are Duluth and Rochester. On a 13-45 vote, to hire staff. finding it difficult to work the hours the amendment failed. The Senate passed In one of the more substantive needed under the program to avoid S.F. 3298 on a 56-0 roll call vote. portions of the bill, S.F. 3099 also estab- sanctions. She also said the moratorium on lishes a moratorium–to expire June 30, placing a time limit on assistance affects Human services bill approved 2004–on the 60-month time limit for approximately 900 families during 2003 Sen. Linda Berglin (DFL-Mpls.) eligibility to receive Minnesota Family and costs about $6 million. The money to carried S.F. 3099, a bill containing a Investment Plan (MFIP) assistance. The fund the moratorium, she said, comes from number of human services provisions. The assistance provision also expands those federal TANF grants. The bill was bill allows the ombudsman for corrections eligible to receive hardship extensions to approved by a vote of 34 to 26. to apply for or receive certain grants, include individuals designated as hard to In other action on Special Orders, makes changes to continuing care pro- employ because they are victims of family members granted final passage to S.F. grams, modifies case manager continuing violence and are participating in an 2125, the consolidated conservation education requirements, adds an exemp- alternative employment plan. The measure (Con-Con) bill, carried by Sen. Roger D.
Sen. Chuck Fowler (DFL-Fairmont), center, confers with Senators Leo Foley (DFL-Coon Rapids), left, and John Marty (DFL- Roseville), right, on the floor of the Senate. Photo by David J. Oakes
8 Moe (DFL-Erskine). The bill designates million cash flow account used as a “If you’re going to throw the rule book 102,315 acres of consolidated conserva- protection against state account shortfalls out, and if that’s the way you’re going to tion lands in the state as wildlife manage- and uses an anti-tobacco endowment fund play the game, it doesn’t seem fair to me,” ment areas. Because of the current budget instead. The measure also funds a 1.5 he said. crisis, Sen. Dan Stevens (R-Mora) won- percent inflationary increase for K-12 Sen. Don Samuelson (DFL-Brainerd), dered how much land the state really education. presiding, ruled that the bill and the needed to own. “When is it appropriate to According to Tax Committee Chair amendment could be taken up. He said put land in private hands and onto the tax Larry Pogemiller (DFL-Mpls.), the amend- large delete-everything amendments have rolls?” he asked. Several other Senators ment is nearly identical to the bill still in been offered many times on the Senate spoke in favor of the measure. the committee, except for some minor floor in the past, and the procedure is not Members also granted concurrence technical changes and an abortion related new. Sen. Warren Limmer (R-Maple and repassage to several bills. S.F. 2550, provision added in the committee. Grove) challenged Samuelson’s ruling, but carried by Berglin, facilitates federal According to Johnson, the amend- Samuelson was upheld by a vote of 38 to funding for health programs in schools. ment is an attempt to replenish the state’s 27. S.F. 2953, carried by Sen. John Hottinger budget reserves. He said the proposal does Several Senators also questioned the (DFL-Mankato), prohibits excess insur- ance on property. Sen. Michelle Fischbach this through a combination of fiscal germaneness of the amendment to the bill. (R-Paynesville) authored S.F. 2546, a bill changes, accounting modifications and Kleis said H.F. 3270 deals with state relating to the consolidation of the towns revenue increasing measures. He also said government operations, but the amend- of Rockville and Pleasant Lake. the measure is designed to protect the most ment has many other provisions dealing Two bills were returned from confer- vulnerable citizens in the state, and he with such things as tax changes and K-12 ence committees and repassed by members. compared the current climate in the education. S.F. 3196, the Department of Administra- Legislature to the mid 1980s, when taxes “This is certainly not at all what the tion housekeeping bill, was carried by Sen. in the state were cut by $1 billion and original intent and purpose [of the bill] is,” Martha Robertson (R-Minnetonka). Sen. social service spending was slashed in the he said. “There are a lot of things [in the Steve Murphy (DFL-Red Wing) authored following years. He said discussions during amendment] that don’t relate at all to its S.F. 2884, a bill that provides for road this session are similar to those that took original purpose.” weight restrictions and weigh station place then, and that he wants to prevent Johnson said H.F. 3270 has a budget avoidance penalties. similar cuts–giving “shabby treatment” to balancing purpose, as does his amendment. Minnesota’s most vulnerable citizens–from The amendment is clearly in line with the Monday, March 25 taking place now. The amendment, he original purpose of the bill, he said, since said, is designed to prevent “cruel and the bill, like his amendment, is designed Budget fix debated mean” cuts and to ensure that children in for budget reconciliation purposes. Sen. Douglas Johnson (DFL-Tower) the state receive a “decent education.” Samuelson ruled the amendment to be introduced a proposal to balance the Sen. Dick Day (R-Owatonna) said he germane, since it dealt with the same budget at the floor session Mon., Mar. 25. was concerned with the taxes raised in the subject matter found in the bill. Kleis The proposal came as an amendment to a amendment. He said the most vulnerable moved to appeal Samuelson’s decision, House budget proposal, H.F. 3270. people are those who work 70 hours each but Samuelson’s ruling was again upheld. Johnson’s amendment raises approxi- week just to be able to pay their taxes. Sen. William Belanger (R- mately $914 million in taxes during the “You tax people out of their homes, Bloomington) brought forth an amend- next four years, restores $556 million to you tax people out of the state,” he said. ment to the amendment that removes the the state’s budget reserves and decreases A number of Senators said that under increase for business property taxes. Sen. the budget shortfall in fiscal year 2004-05 Senate rules the bill should not be taken Cal Larson (R-Fergus Falls) said raising the by 22 percent. The measure increases the up. Many also said it is unfair to add an business property tax decreases opportu- excise tax on cigarettes by 64 cents– amendment that is over 300 pages long nity for entrepreneurs and impedes accounting for about half of the revenue without giving members an opportunity to economic growth. Sen. Steve Kelley (DFL- raised under the plan–and requires half of review it first. Sen. Michele Bachmann (R- Hopkins) said one of the reasons businesses the increase to take place in May and the Stillwater) said she needed time to dissect thrive in Minnesota is the state’s well- next half to take place in January 2003. the amendment. There was no time, she educated workforce. He said tax increases The measure also requires the cigarette tax to be linked to future inflation rates. The said, to go through the proposal and to are necessary to provide education to the measure saves approximately $312.5 fully understand it. Sen. Michelle state’s workers. The Senate approved million by delaying a portion of payments Fischbach (R-Paynesville) said it is Belanger’s amendment to the amendment to school districts for one year, raises $30 “ridiculous” to offer such a long amend- 40-27. million by requiring Wisconsin residents ment and to expect everyone to compre- Pogemiller moved to amend the who earn money in Minnesota to file a hend it. Sen. Dave Kleis (R-St. Cloud) said amendment to include legislative employ- Minnesota tax return and delays until the amendment, since it was a delete ers among those that may offer early 2006 the intended repeal of an accelerated everything amendment, replaces H.F. 3270 retirement to employees. Larson said the sales tax payment for businesses. The plan and is actually an entirely new bill. Day changes should have been considered by also converts from cash to bonds $245 said under Senate rules the bill, and the Commission on Legislative Pensions million in planned spending for road Johnson’s amendment, should be taken up and Retirement before being heard on the improvements and eliminates a $155 the following day. floor. Pogemiller said the changes do not
9 Floor update
Sen. Dean Johnson (DFL-Willmar), left, consults with Sen. Gen Olson (R-Minnetrista) on the floor of the Senate. Photo by David J. Oakes affect the pension funds and are internal to that allows Albert Lea, Cloquet, Ely, abortion to have the operation performed the Legislature. He said the early retire- Medford and Beaver Bay to impose local and to be informed of certain information ment will only be granted if it saves option sales taxes with voter approval. relating to the procedure. Samuelson, chair money. The amendment to the amend- The members adopted the amendment. of the Committee of the Whole, ruled that ment was adopted 37-27. Parents are given rights to read their the amendment to the amendment was Johnson offered an amendment to his children’s medical records under an germane, when the relevancy was ques- amendment that increases the taxes on amendment to the amendment presented tioned by Kelley. However, the Senate cigars and chewing tobacco and lowers to by Sen. Pat Pariseau (R-Farmington). Sen. voted against Samuelson’s ruling 33-34. 60 cents the tax on cigarettes. He said the Roger Moe (DFL-Erskine) said the Convicted felons must supply DNA changes are revenue neutral. The members definition of parents is too broad and samples to the Dept. of Corrections, under voted to amend the amendment 46-21. includes parents who have terminated an amendment to the amendment brought The state’s 911 dispatchers are parental rights or have been removed from forth by Kleis. “DNA is supposed to be a considered essential employees under an their children. Sen. Don Betzold (DFL- very effective tool in crime enforcement,” amendment to Johnson’s amendment Fridley) said the changes will discourage he said. The modifications to the amend- offered by Sen. Dan Stevens (R-Mora). youths with sexually transmitted diseases, ment were approved 35-24. Kelley said the modifications eliminate drug problems or other issues from seeking Sen. Linda Berglin (DFL-Mpls.) said dispatchers’ right to strike. The amend- medical treatment. The amendment to the the Department of Corrections informed ment to the amendment did not prevail, amendment did not prevail 31-35. Senators that the department’s health care 26-38. Sen. Jim Vickerman (DFL-Tracy) contract is over budget by about $1.5 Sen. Grace Schwab (R-Albert Lea) presented an amendment that requires million for the biennium. She offered an offered an amendment to the amendment women to wait 24 hours after seeking an amendment to bring the department’s
10 budget into balance by delaying the ment is adopted, Robling said, the tribes Tuesday, March 26 implementation of felony DWI laws six might cancel the existing agreements and months, to July 2004. The amendment also decide to charge no cigarette tax at all. Hotel bar bill debated makes changes to the way the Department The Berg amendment was not adopted, 29- Floor action Tues., Mar. 26, focused of Corrections pays for non-contract health 32. on Special Orders and included extensive care services. Johnson said, “I think it is An amendment clarifying that lateral discussion on a proposal to extend hotel appropriate to make sure there is safety in transfers within a state agency are not bar hours an hour later in the state’s major our prisons and prison communities.” The covered by the hiring freeze was offered by cities. Sen. Linda Higgins (DFL-Mpls.) amendment was adopted. Sen. Ellen Anderson (DFL-St. Paul). The sponsored S.F. 709, a bill that allows hotel Members also adopted an amendment, amendment was adopted. bars in Minneapolis, St. Paul, St. Cloud, offered by Kelley, requiring state agencies Sen. Thomas Neuville (R-Northfield) Bloomington, Rochester and Duluth to to report the impacts of the budget cuts offered an amendment allowing the remain open until 2 a.m. on weeknights and hiring freeze. “We ought to determine Minnesota State Academies for the Deaf and 2:30 a.m. on Friday and Saturday where the cuts were appropriate,” he said, and Blind to reimburse the state treasury nights. Higgins said the state’s convention “but we should also pay attention to places under the formula they are currently using. and trade show industry has suffered where there were significant cuts that Neuville said the Legislative Auditor because of the early bar closing times and affected our constituents.” discovered that the formula in statute is the purpose of the bill is to keep the Sen. Charles Berg (R-Chokio) offered not being followed. However, he said, the convention industry competitive with an amendment providing that revenues Department of Finance has made comput- those in other mid-western towns. from the increase in tobacco taxes will not ing reimbursements using the formula in Sen. Dave Kleis (R-St. Cloud) offered be shared with Native American tribes. practice, thus the amendment has no fiscal an amendment that expands the 2 a.m. bar Berg said that current practice is to rebate impact. The amendment was adopted. closing time statewide. He said the original half of the taxes collected by tribes that The Johnson amendment to H.F. language put bars in towns near the major sell cigarettes on tribal land. “This doesn’t 3270–which is the budget reconciliation cities at a disadvantage. “It’s a matter of upset any of the agreements now in place,” language–was adopted, 34-30. consistency and fairness,” Kleis said. The Berg said. Pogemiller said it wasn’t clear to Johnson said Senators never expected amendment was adopted. him that the amendment could actually be the state’s budget problem to be as great as “If you think it is a good thing to let put in practice. If taxes are being raised to it has turned out to be. The second phase bars stay open until 2 a.m., then you will reconcile the state budget, Berg said, then of budget reconciliation attempts to think it is an even better idea to keep them revenues should be dedicated to the preserve the state’s credit rating and open until 3 a.m.,” said Sen. Edward general fund and should not have to be protect important state services, such as K- Oliver (R-Deephaven) as he introduced an shared. He said it makes no sense for the 12 education. “A vote against this bill is a amendment to extend bar hours even later. state to pay an incentive for tribes to sell as vote against additional money for your “I don’t think it is too bad that Minnesota many packs of cigarettes as possible. schools,” he said. is a little conservative because we close Sen. Steve Murphy (DFL-Red Wing) Johnson said the bill includes many the bars a little early. If we extend bar said the tribes are recognized as sovereign bipartisan provisions, including funding hours later, we will have more alcohol- nations. The state should be taxing for Albert Lea to cope with the impacts of related incidents on the roads. Anyone Canada, Germany and other nations, he a fire that destroyed a major employer and who thinks otherwise is dreaming.” The said, under the logic of Berg’s amendment. unemployment benefits extensions for amendment failed. Day said tribes and their supporters are not former employees of major employers Having voted on the prevailing side, consistent with the sovereign nation across the state. “Unemployment can cut Sen. Ellen Anderson (DFL-St. Paul) argument. “When it comes to voting,” he across Democratic and Republican moved to reconsider the Kleis amendment said, “then all of a sudden, they’re a pretty districts,” he said. The bill, though perhaps that extends the 2 a.m. bar closing time big portion of our state.” not perfect for anyone, is the right thing to statewide. Anderson said the motion only Noting that many tribes need the do. passed because many members, herself funds from the revenue sharing agreements, Day told members they are voting on included, were not paying attention. The Vickerman said the money from sharing the second largest tax increase in the state’s motion passed. Sen. Sandra Pappas (DFL- the increased taxes might be enough to history. St. Paul) said that the bill was narrowly move some tribes out of poverty. Moe said H.F. 3270, the second phase of budget drafted to aid the convention business, not the amendment sets a floor below which reconciliation, was granted preliminary to keep bars open later across the state. the Department of Revenue cannot go passage on General Orders, 38-28. Kleis argued that without the amendment below when negotiating new agreements. Members also granted concurrence the bill was inconsistent and favored the Sen. Claire Robling (R-Prior Lake) said and re-passage to two bills amended in the major cities over its neighboring commu- that prior to agreements between the state House. S.F. 2697, carried by Sen. Ann Rest nities. The amendment failed. and the tribes, the tribes voluntarily (DFL-New Hope) establishes disclosure Sen. Kenric Scheevel (R-Preston) said collected sales taxes, even though they did requirements for sellers of residential real the vote on the amendment indicated to not have to do so. She said prices on estate. S.F. 3315, carried by Sen. Linda him that members have concerns about goods, including cigarettes, will be Scheid (DFL-Brooklyn Park), makes extending bar hours in the state. “Either we considerably lower than prices in commu- changes involving the joint underwriting think it is a good policy, or we don’t,” he nities around tribal lands. If the amend- association’s procedures. said. Sen. Linda Berglin (DFL-Mpls.) said
11 Floor update the bill was important because the sure requirements for plumbers in cities but the issue deserves further study. “To be aftereffects of the Sept. 11 tragedy have with population under 5,000. Berglin honest with you, I don’t agree–I don’t shown how large an impact the conven- pointed out the provision had already believe this will put them out of business,” tion industry has on the state’s economy. passed on the Senate floor as part of Betzold said, but small glass companies Sen. Claire Robling (R-Prior Lake) raised another bill, and opposed the amendment. perceive the bill as harmful and the safety concerns because she said it is wrong The amendment failed. perception deserves attention. We can to assume that most hotel bar patrons are An amendment pertaining to the care come back next year, with the small also hotel guests. Oliver offered an and treatment of students with disabilities businesses, and fix the problems, he said. amendment that restricts late-night hotel was offered by Sen. Martha Robertson (R- Members also took action on S.F. bar alcohol sales solely to hotel guests. The Minnetonka). Berglin was concerned with 3431, the omnibus jobs and economic amendment failed. the fiscal impact of the amendment, but development policy bill. The bill, carried Sen. Leo Foley (DFL-Coon Rapids) several Senators indicated there was no by Sen. Ellen Anderson (DFL-St. Paul), offered an amendment that establishes fiscal impact. The amendment was provides a 26-week unemployment benefit lower legal blood-alcohol limits for adopted. extension for employees laid off from the driving under the influence (DUI) Members granted S.F. 3098 final airline industry and airline-related infractions. Sen. Dennis Frederickson (R- passage. industries, Fingerhut, Farmland Foods and New Ulm) questioned the germaneness of Potlatch. The bill also offers a 13-week the amendment. Berglin said since it was Wednesday, March 27 extension to about 6,000 workers not not an omnibus bill, the amendment had a eligible for a federal extension of the same fundamentally different purpose than the Autoglass veto overridden length. Anderson said persons applying for bill. Senate President Don Samuelson the extensions must be enrolled in a job (DFL-Brainerd) ruled the amendment was Before leaving for their spring break, training program. S.F. 3431 also makes not germane. His decision was upheld by Senators took action on several bills, members in a roll call vote 47-17. S.F. 709 including joining with the other body in changes to taxes and surcharges levied on was granted final passage on a 35-29 vote. overriding the governor’s veto on H.F. employers to provides funds for the Also on Special Orders, Sen. Mark 2570. The bill regulates auto glass service unemployment insurance fund and the Ourada (R-Buffalo) authored S.F. 1811, a pricing and prohibits steering by insurers. dislocated worker program. Sen. Dave bill that provides for the transfer of all or Among provisions in the highly conten- Kleis (R-St. Cloud) said the bill makes part of a drainage system to a water tious bill is one prohibiting auto glass progress in addressing serious employment management authority. Ourada said in service companies from providing incen- needs in the state. “It’s not the best bill, I quickly growing areas, it is very difficult to tives to customers, previously limited at think we missed some opportunities,” he make improvements on drainage ditches $35. The veto was overridden, and the bill said, but the bill helps. under the current statutes. The bill was repassed, 52-13, during the floor session, Sen. Dick Day (R-Owatonna) offered granted final passage. Wed., Mar. 27. an amendment removing language A bill that modifies licensing for Sen. James Metzen (DFL-South St. requiring the Public Utilities Commission certain classes of electricians was carried Paul), Senate sponsor of the bill, said the to study criteria for power plant energy by Sen. Dan Stevens (R-Mora). Three legislation is good for consumers. He said purchases. He said the language is in- technical amendments were adopted, one the governor publicly said he was vetoing cluded in a separate bill on General Orders by Stevens and two by Sen. John Hottinger the bill because the governor has a friend and should not be included in the bill (DFL-Mankato). Members granted S.F. in the auto glass business and the friend under consideration. Robertson said the 2150 final passage. language in the bill steers the PUC to one Berglin carried S.F. 3098, the Depart- urged a veto of the bill. “I am not doing this for a buddy,” Metzen said, “I am doing technology, one fuel and one location. ment of Human Services technical bill. The amendment was not adopted. Berglin offered a number of amendments, this for the people of this state.” Several Robertson offered an amendment the most significant of which includes a Senators–including Senators Martha adding cost to the criteria for the PUC to provision that establishes a moratorium on Robertson (R-Minnetonka), Anthony the 60-month time limit for eligibility to “Tony” Kinkel (DFL-Park Rapids), and use in the study. Sen. David Tomassoni receive Minnesota Family Investment Plan Don Betzold (DFL-Fridley)–said they have (DFL-Chisholm), sponsor of the PUC study (MFIP) assistance. The provision is to been inundated with constituents urging language, said cost considerations are extend benefits to those who are having them to sustain the veto. “How will I know already in law. Robertson said the criteria difficulty finding employment in the that insurance premiums will actually go in the bill are also already in law. The current market, Berglin said. The amend- down if this bill becomes law,” Kinkel amendment failed, 16-46. ments were adopted. Sen. Sheila Kiscaden asked. All three Senators said small glass Members adopted two amendments, (R-Rochester) offered amendments that companies in their districts have indicated offered by Senators Claire Robling (R- provide assistance to deaf and blind they will be harmed by the proposed law. Prior Lake) and Pat Pariseau (R- citizens, establish a volunteer health care Small glass companies are the ones Farmington), adding the use of agricultural program, and allow local fire code charging lower prices, said Sen. Cal Larson byproducts and high-efficiency cogenera- inspections for day care home licensing (R-Fergus Falls). Those companies will not tion to the criteria to be considered by the requirements. be harmed by the bill, he said, because PUC. Members also adopted, on a 58-3 Sen. Kenric Scheevel (R-Preston) they are already in line with the “fair and roll call vote, an amendment adding offered an amendment to a previous reasonable” pricing standard in the distributed generation to the list of criteria. amendment that removes the new licen- measure. Betzold said Larson may be right, The amendment, offered by Sen. Dan
12 Stevens (R-Mora), also changes the word employees of the SPX-DeZurik in Sartell was granted preliminary passage earlier in “and” to “or” in the bill, making each of and Sen. Chuck Fowler (DFL-Fairmont) the week. the criteria in the bill optional for PUC added laid-off employees of Harsco in Three other bills were granted consideration. Fairmont. concurrence and repassage. S.F. 2675, Two amendments adding companies S.F. 3431 was granted final passage, sponsored by Sen. Jane Krentz (DFL-May to the list of employers whose former 44-20. Township), requires state agencies to use employees may apply for the 26-week In other business, Senators also gave clean fuels. Stevens carried S.F. 2569, benefit extension were also adopted by final passage, 39-27, to the second phase of which excludes rebates of federal taxes Senators. Sen. Michelle Fischbach (R- budget reconciliation. H.F. 3270, carried from consideration as a means of support Paynesville) successfully added former by Sen. Douglas Johnson (DFL-Tower), for residents of veterans homes. Sen. Leo
Sen. David Knutson (R-Burnsville),left, and Majority Leader Roger D. Moe (DFL-Erskine) exchange ideas during a recent Senate floor session. Photo by David J. Oakes
13 Floor update
Members and friends of Minneapolis’ Children’s Theatre Company appeared in the corridors of the Capitol Mon., Mar. 25, in a funding appeal to Legislators. Photo by Shelley Hawes Foley (DFL-Coon Rapids) carried S.F. Scheid moved to strike the language of the Sen. Mee Moua (DFL-St. Paul) agreed 2580, which provides that license revoca- bill adopted in committee and amend the with Oliver. “I have heard many times tion hearings do not give rise to an bill to include House language that from small business owners that they can’t estoppel in criminal prosecutions. Mem- incorporates recommendations from the afford health insurance,” she said. “If this bers also adopted two conference commit- Small Business Insurance Task Force. amendment helps small business owners, I tee reports. The report on the omnibus “Health insurance in the state needs support it.” liquor bill, S.F. 2739, was adopted and reform,” Scheid said. “Premium rates in the However, Sen. Linda Berglin (DFL- repassed 52-6. Metzen, chief author of the state increased 18 percent last year. Mpls.) said some of the task force recom- bill, said the report is identical to the Something needs to be done. This bill mendations only help insurance compa- original Senate language. The conference does something about it.” nies. “These provisions are not innocuous. committee report on S.F. 2680, carried by Among the provisions recommended Insurance companies will be allowed to set Sen. Warren Limmer (R-Maple Grove), by the task force, Scheid explained, are rates before regulators determine the was adopted and repassed 53-5. The bill reductions in loss ratio requirements, a 15 fairness of the rates. The recommended loss adopts a new energy code and expands the percent cap on yearly premium increases, ratio is too high. Some of these items have membership of the Construction Codes and pooling options for smaller employers. been rejected by other policy committees,” Advisory Council. Sen. Edward Oliver (R-Deephaven) Berglin said. spoke in favor of the changes. “Health Sen. Don Betzold (DFL-Fridley) also Commerce bill debated insurance for small businesses is in crisis,” objected to the motion because of The floor session Wed., Mar. 27, Oliver said. “This state has allowed the inappropriate procedure. “We are being continued with debate surrounding the number of insurance issuers to be reduced asked to accept House language that was Department of Commerce insurance to three. We need competition in this never discussed in committee,” he said. technical bill, H.F. 2988, carried by Sen. market. The reforms Sen. Scheid has “Rejecting this motion means keeping the Linda Scheid (DFL-Brooklyn Park). brought are needed and necessary.” language that came from the Senate
14 committee.” Sen. John Hottinger (DFL- “A poll indicates that 97 percent of measure, she said, confuses the issue. She Mankato) said that several of the key Minnesotans support organ donation, but said the proposal creates a maybe response provisions in Scheid’s amendment were the actual donation rate is around 60 to organ donation, instead of simply rejected in the Health and Family Security percent,” Ranum said. “This bill simply having a concrete yes or no answer. Committee. attempts to allow those who wish to “I think it has some negative, unin- Scheid’s motion to amend the bill donate their organs have that wish carried tended consequences,” she said. with the House language prevailed. out when they die.” Neuville said the proposal allows the Berglin offered an amendment that Sen. Pat Pariseau (R-Farmington) said family to be involved if the potential deletes several key provisions in the task the bill takes away too much power from donor thinks they may be uncomfortable force recommendations. “The amendment families. “Families have the right to with organ donation. If a potential donor eliminates the ways insurers raise rates and/ dispute what happens to their loved ones,” chooses the option given by the amend- or shift risk to the insured.” The amend- she said. Sen. Dennis Frederickson (R-New ment, he said, it allows the family to ment failed. Ulm) agreed, and said he objected to the revoke the donation if they are opposed to Scheid offered another amendment provision that states an individual’s wishes the donation. Neuville also said that he is that deletes a section pertaining to stop- cannot be overruled by anyone. a donor, but would not be one if he loss coverage, and allows the assigned risk Sen. Linda Scheid (DFL-Brooklyn discovered his family was opposed to the review board to function. The amendment Park) offered an amendment that changes idea. Many people, he said, want their was adopted. Sen. LeRoy Stumpf (DFL- the effective date of the bill to the day next of kin to have the final say on the Thief River Falls) carried an amendment after final enactment. matter. He said if that option is given, the that creates a one year moratorium on farm operating loans that disadvantage local Sen. Warren Limmer (R-Maple number of people designated as organ farm mutuals. Sen. Roy Terwilliger (R- Grove) objected to the amendment. “As donors would increase. Edina) objected to the amendment soon as this bill is passed, that organ “I think there are a lot of people like because it had never been proposed earlier donation designation becomes irrevo- me,” he said. and the relevant groups were not asked to cable,” he said. “We need time to educate Limmer said the amendment is only a comment. The amendment was adopted. the public and allow people to change further designation regarding organ Three other technical amendments were their minds.” Scheid pointed out that donation and just allows the wishes of the adopted. under current law, the organ donation family in a donor situation to be involved. H.F. 2988 was granted final passage decision isn’t irrevocable and that people The bill, he said, does not take families 51-9. can simply submit a simple written into account. In other action on Special Orders, statement to change organ donation status. “That’s all we’re asking in this Sen. Sheila Kiscaden (R-Rochester) The amendment was adopted. amendment,” he said. “I think it’s reason- carried S.F. 3200, a bill that grants guest Sen. Thomas Neuville (R-Northfield) able.” licenses to dentists and dental hygienists offered an amendment that deletes Responding, Ranum said the amend- from bordering states. Sen. Jim Vickerman “documents of gift” from organ donor ment does not increase organ donation but (DFL-Tracy) offered an amendment that designations that can not be contested. instead creates a barrier to donation. The makes a statutory changes regarding dental The amendment was adopted. Neuville amendment failed by a vote of 23 to 38. assistants. The amendment was adopted, also offered an amendment that requires an The bill passed by a vote of 51 to 11. and S.F. 3200 was granted final passage. informational pamphlet about how the Members also granted final passage to Members also repassed two bills that body is cared for in the organ donation several bills on Special Orders. Sen. returned from conference committees: S.F. process to be distributed when individuals Leonard Price (DFL-Woodbury) carried 2739, the omnibus liquor bill carried by sign up to be organ donors. The amend- S.F. 2738, the Department of Natural Sen. James Metzen (DFL-South St. Paul) ment was adopted. Resources (DNR) fiscal policy bill. Major and S.F. 2680, authored by Sen. Warren Limmer offered an amendment that provisions in the bill include crediting Limmer (R-Maple Grove), a bill that adds an additional organ donation funds from DNR rental property in a pertains to energy codes in residential classification on driver licenses. Limmer building maintenance fund, establishing construction. said the new designation allows the family grant authority for aquatic plant restora- to make the final decision about organ tion, and redirecting park acquisition Tuesday, April 2 donation and will appeal to those who do funds to general state park operations not want to make an irrevocable decision. budget. An amendment was adopted onto Organ donor intent debated Ranum said she didn’t support the amend- the bill regarding land transfers. Also Upon returning from Spring break, ment because it makes the process more gaining final passage was S.F. 3132, Senators resumed work at the floor session difficult. Sen. Dean Johnson (DFL- authored by Sen. LeRoy Stumpf (DFL- Tues., Apr. 2. The session was dominated Willmar) said there is a fiscal impact to the Thief River Falls), a bill that authorizes all by debate regarding S.F. 2473, carried by amendment that must be considered. levels of government in 11 northern Sen. Jane Ranum (DFL-Mpls.), which Limmer said the fiscal impact would be counties to come together regarding land establishes the organ donation designation minimal. The bill was temporarily tabled use issues. Sen. Edward Oliver (R- on an individual’s driver’s license as clear to process several other bills. Deephaven) offered an amendment that intent of donation. Currently, family After taking the bill from the table, allows the city of Deephaven to enter into members can override an individual’s wish Sen. Sheila Kiscaden (R-Rochester) spoke a land swap to save a local fire station. The for organ donation. in opposition to the amendment. The amendment was adopted.
15 Floor update Members gave concurrence and antibiotics, especially fluoroquinolones, St. Paul). The bill makes several technical repassage to two bills amended by the that are vital to protecting human health and housekeeping changes recommended House: S.F. 2881, carried by Sen. Richard must also be looked at in the study. by the Dept. of Commerce. The final vote Cohen (DFL-St. Paul), allows municipali- Sen. Steve Dille (R-Dassel) said on the measure was 63-0. ties discretionary subdivision authority to farmers who use antibiotics on livestock Sen. Deanna Wiener (DFL-Eagan) create affordable housing. S.F. 2612, are too frequently blamed for misuse of brought forth two bills. The first, H.F. carried by Sen. Dave Kleis (R-St. Cloud), antibiotics and human use should be 1517, exempts swimming pools at day care allows the use of flashing red lights in investigated as well. Krentz said her facilities from rules regarding public pools. funeral processions. amendment did not single out farmers, but In order to use a pool as part of a day care Members also recognized the Univer- addressed the overall problem. She said program, the bill specifies, parents or sity of Minnesota Women’s Hockey Team the preservation of the effectiveness of guardians must sign permission forms for for its recent NCAA Championship win. antibiotics for human health is essential, their children. The members passed the The Senate briefly recessed to give players particularly because antibiotics are bill 63-0. and coaches in attendance a standing important to fighting anthrax and other Wiener’s second bill, H.F. 3359, ovation. diseases likely to be exploited by modifies nurses’ certification requirements. Johnson moved to amend the lan- bioterrorists. The amendment was adopted. She said the bill is based on recommenda- guage of the Senate’s stadium bill onto Sen. Steve Murphy (DFL-Red Wing) tion from the Minnesota Nursing Associa- H.F. 2214, the stadium bill from the presented an amendment that adds a tion and the Board of Nurses. The bill House. The motion was approved by a member of the Board of Animal Health to defines nurses as only licensed nurses. Sen. vote of 33-32. The bill was then laid on the list of persons who must be consulted David Tomassoni (DFL-Chisholm) the table. during the Dept. of Health’s study. The presented an amendment that permits the Sen. Steve Kelley (DFL-Hopkins) also members approved the amendment. transfer of 100 hospital beds in St. Louis moved to adopt and re-pass the conference A sunset date of Jan. 30, 2004 is County to Aurora and Duluth. The committee report on S.F. 3174. The bill, added by an amendment offered by Sen. amendment was adopted. carried by Kelley, adds a small business Warren Limmer (R-Maple Grove). Sen. Ellen Anderson (DFL-St. Paul) category to the Money Transmitters Act. Hottinger said the date ensures the offered an amendment to require ambu- The motion was approved and the bill was Legislature would revise the bill to take lances in the state to carry a supply of given repassage. into account the findings of the study. Sen. epinephrine, which is a medicine that Don Betzold (DFL-Fridley) offered an treats allergic reactions. The measure also amendment to the amendment that pushed requires that at least one hour of the Wednesday, April 3 the sunset date back until April 2004, current 48-hour continuing education because, he said, the Senate might not be requirement for Emergency Medical Health powers act approved in session in January in an even-numbered Technician (EMT) license renewal be “We need to have mechanisms in year. The amendment to the amendment instruction in the administration of the place to protect citizens in the event of a was adopted and the amendment was medicine. The provision is effective July bioterrorist attack,” said Sen. John approved. 1, 2003. Anderson said most ambulances Hottinger (DFL-Mankato), whose Minne- Sen. Pat Pariseau (R-Farmington) said already carry a supply of epinephrine, but sota Emergency Health Powers Act grants the bill does not offer sufficient definition she wanted to make sure that all ambu- the governor power to make certain to the governor’s power in emergency lances do. She said that carrying the decisions during public health emergen- situations and gives too much power to a medicine may mean the difference cies. The Senate heard the bill, H.F. 3031, single person. “Without definitions given between life and death for some people. along with several other measures during in the bill,” she said, “we can’t be sure of Sen. Dallas Sams (DFL-Staples) the floor session Wed., Apr. 3. what powers are given in the bill.” She opposed the amendment. He said the The Emergency Health Powers Act offered an amendment that removes the Legislature shouldn’t mandate the use of outlines the governor’s authority to dispose governor’s authority over allocations of epinephrine. The Legislature, he said, of bodies, establish quarantines for medical supplies and occupancies of shouldn’t interfere with emergency service infected persons, and conduct other facilities. providers because they are already adding activities that may be necessary in Hottinger objected to the changes the medicine to ambulances voluntarily. bioterrorist situations. saying the amendment is not adding the He also said such a mandate adds extra “We have worked to achieve a definitions that she said were lacking, but costs to providers. balance between constitutional rights and taking away the governor’s authority. Sen. Sheila Kiscaden (R-Rochester) citizen’s safety,” Hottinger said. He said the Pariseau said under the broad definitions also spoke against the amendment. She bill modernizes the governor’s current the governor could take away a diabetic asked what would be given up in the authority to commandeer in crisis situa- person’s insulin if the governor thought it current 48-hour continuing education tions in order to cover new threats. was necessary to deal with a public health requirement by mandating one hour be Sen. Jane Krentz (DFL-May Town- emergency. The amendment did not spent on instruction about administering ship) offered an amendment that broadens prevail 21-43. epinephrine. She also said the proposal the purview of a study to investigate the The Minnesota Emergency Health should have gone through the committee impacts of potential state responses to Powers Act was passed 64-0. process. bioterrorism mandated in the bill. Under The Senate also passed H.F. 3125, “These kinds of things seem simple, the amendment, the effectiveness of offered by Sen. James Metzen (DFL-South but how you get there and the ripple
16 effects it has in the provision of the service modifies certain provisions regulating does not have the same content as the bill. is hard to see,” she said. electricians. H.F. 3163, carried by Sen. She said the amendment deals with an air Responding, Anderson said Don Betzold (DFL-Fridley), is the annual quality issue, while the bill deals with a physician’s groups and allergy experts both revisor’s bill. The measure corrects licensure issue. She said she didn’t see the support the amendment. She also said that erroneous, ambiguous, and omitted text connection between the two. Sen. Dave everything EMTs do is already mandated and obsolete references. The bill also Kleis (R-St. Cloud) pointed out that the by law. eliminates redundant, conflicting and amendment even changes the title of the “This is not going beyond what we superseded provisions, makes miscella- bill. Sen. Steve Murphy (DFL-Red Wing) currently do,” she said. “This is just neous technical corrections to statutes and said the amendment deals with a com- tweaking the system.” other laws and reenacts certain legislation. pletely different issue than what is speci- Senators Deanna Wiener (DFL-Eagan) The measure was granted final passage on fied in the bill. He said the amendment and Anthony “Tony” Kinkel (DFL-Park Special Orders. should be tied to a bill that better fits its Rapids) both supported the amendment. subject. Wiener, a former nurse, said that a person Thursday, April 4 “To tie the two together is a stretch at who undergoes shock due to an allergic best,” he said. reaction experiences a tightening of the School bus driver bill passed Krentz disagreed. She said the bill throat. She said such tightness could During a short floor session Thurs., relates to school buses and to protecting kids, and the amendment does also. Also, suffocate a person. Kinkel, whose family Apr. 4, members passed S.F. 3310, which she said the bill tries to protect children, as has owned and operated an ambulance authorizes the cancellation of an endorse- does the amendment. The bill and the service for 30 years, said it is time to ment on the license of a school bus driver amendment, she said, do the same thing. require the use of epinephrine. “We can do if they have been convicted of a gross “It’s clearly about school buses, drivers this,” he said. “We can incorporate this misdemeanor. The measure, carried by into training.” Kinkel moved to change and the safety of our children,” she said. Sen. Satveer Chaudhary (DFL-Fridley), However, the amendment was ruled the effective date of the measure from July also allows the cancellation of an endorse- 1, 2003, to Sept. 1, 2003. He said chang- not germane. The bill was then passed ment if a school bus driver has had unanimously. ing the date allows the requirement to be multiple violations that show evidence of implemented at the beginning of the Sen. Deanna Wiener (DFL-Eagan) being a risk to public safety. According to presented H.F. 2719. The bill, also known school year–since many EMTs are trained Chaudhary, the bill changes current law by at post-secondary schools–and makes it as the “Uniform Athlete Agents Act,” expanding the list of crimes for which bus provides for the registration of agents for easier for administration purposes. Ander- drivers can lose their endorsement. The intercollegiate student athletes with the son agreed with the proposal, and the current list, he said, is not adequate to commissioner of commerce. The measure amendment was adopted. By a vote of 37 cover everything that can endanger gives the commissioner the authority to to 26, Anderson’s amendment was also children who ride school buses. issue registration certificates, refuse adopted, and the bill was passed with no Chaudhary also offered an amend- registration under certain conditions and votes in opposition. ment that requires the notice of cancella- to suspend, revoke or refuse to renew Sen. Dean Johnson (DFL-Willmar) tion to be sent in writing by mail. The registrations for conduct justifying moved to take H.F. 2214, the stadium amendment was adopted. registration denial. The bill also prescribes financing bill, from the table. The bill, Sen. Jane Krentz (DFL-May Town- the form and contents of the contract, which contains the Senate’s plan to fund a ship) offered an amendment dealing with allows nonconforming contracts to be new Twins stadium, was tabled during the school bus diesel fumes. The measure voidable by the student athlete, prohibits previous session. Johnson said he expects prohibits school buses from idling for more certain conduct by agents, imposes to keep between 80 and 90 percent of the than five minutes unless stalled in traffic or penalties for violations and grants educa- House plan during conference committee. in inclement weather conditions requiring tional institutions a private right of action However, he said, there are provisions in the power of the bus to be left on. The against athlete agents or former student the Senate plan that must be included as amendment also requires buses to park far athletes for damages. part of the final plan. If not, he said, a enough away from schools so that diesel Wiener said the bill is meant to deal stadium will be difficult to build. fumes from buses are not drawn into school with situations when student athletes sign “Do not be misled that the House bill air intake systems. According to the with an agent without knowing the solely on its merits will build a ballpark, measure, the parking requirement is ramifications to themselves and to their because it won’t work,” he said. nullified if it is judged that the measure universities. Several Senators asked why the Senate blocks traffic or impairs student safety. “It’s protection for the student athlete didn’t craft an amendment to the bill if the Krentz said diesel fumes contain approxi- and for the university,” she said. The bill majority of the House proposal will be mately 40 toxic chemicals. She said school was passed with no votes in opposition. used in the end. An amendment, many children spend a lot of time on buses and One bill was also granted concurrence said, should be drafted to more closely the fumes can be particularly hazardous to and repassage. S.F. 3015, carried by Sen. resemble the House plan. However, the them because of their smaller lung Linda Scheid (DFL-Brooklyn Park), bill was approved by a vote of 35 to 30. capacity. establishes within the Minnesota Depart- One bill was also given unanimous Sen. Pat Pariseau (R-Farmington) ment of Commerce a division of insurance concurrence and re-passage. S.F. 2150, challenged the germaneness of the fraud prevention. The new division is to carried by Sen. Dan Stevens (R-Mora), amendment. The amendment, she said, investigate and prosecute insurance fraud.
17 Floor action Friday, March 22 Tuesday, March 26 Bills granted concurrence and repassage Bills granted concurrence and repassage S.F. 2550-Berglin: Amends provisions relating to special education and S.F. 3084-Rest: Modifies certain state and local government unit auditing modifies consent requirements for billing Medical Assistance and and reporting MinnesotaCare for covered individual education plan services. 56-0 requirements, requires local government units collecting waste management S.F. 2953-Hottinger: Prohibits issuing or requiring excess insurance on fees to annually report on revenue collection and use to the Office of property. 59-0 Environmental Assistance. 60-0 S.F. 2546-Fischbach: Permits the cities of Rockville and Pleasant Lake and the town of Rockville to jointly develop a consolidation plan and permits Bills granted final passage on Special Orders the cities of New London and Spicer and the town of New London to S.F. 1811-Ourada: Allows transfer of a public drainage system to a water jointly develop a consolidation. 59-0 management authority and defines water management authority. 61-0 S.F. 2150-Stevens: Modifies electrician licensing and requires rulemaking. Conference committee reports adopted and repassed 63-0 H.F. 2884-Murphy: Limits the civil penalty imposed for overweight S.F. 709-Higgins: Authorizes the cities of Minneapolis, St. Paul and Duluth vehicles based on violations identified in shippers weight records and to adopt ordinances authorizing on-sales at hotels during certain hours and reduces the records retention requirement, requires inspection and copying exempts certain sales from on-sale hours restrictions. 35-29 of the record within the retention time limit for civil penalty imposition S.F. 3098-Berglin: Clarifies exclusions from Dept. of Human Services purposes and requires the court to double the weight limit penalty for licensure and background study requirements, clarifies implementation persons knowingly and contemporaneously attempting to evade a fixed deadlines for reimbursement classifications and clarifies Medical Assistance weigh station or to avoid stationary scales. 60-0 covered services. 36-23 H.F. 3196-Robertson: Modifies provisions relating to the Department of S.F. 3030-Pappas: Responsible Lending Act of 2002. Enacts restrictions on Administration, certain home loans. 63-0 and subjects executive branch employees involved in the grant process to S.F. 2991-Betzold: Requires payment of a salary differential to state the code of ethics applicable to employees involved in procurement. 61-0 employees who are members of the national guard or other military reserve units and who have been called to active military duty on or after Sept. 11, Bills granted final passage under suspension of the 2001. 58-0 S.F. 2950-Scheid: Authorizes the appointment of election judges who are rules not affiliated with a major political party. 45-12 S.F. 2125-Moe, R.D.: Adds to state wildlife management areas, provides H.F. 2706-Cohen: Imposes a misdemeanor penalty for intentionally for certain land exchanges and permits the sale of certain consolidated obstructing an emergency vehicle during emergency duty. 57-0 conservation land in Roseau County. 61-0 S.F. 3384-Hottinger: Changes provisions of the Campaign Finance and Public Disclosure Law. 65-0 Bills granted final passage on Special Orders S.F. 2594-Stevens: Creates the agriculture and renewable energy loan program. 61-0 S.F. 2674-Krentz: Dept. of Natural Resources provisions, clarifies the H.F. 2780-Neuville: Creates a curative act for conveyances by counties, aquatic life that may be raised on aquatic farms, modifies timber permit and provides for recording of documents written in foreign language and lease provisions and creates a prairie chicken hunting license. 56-4 provides for an affidavit of custodian. 58-0 H.F. 1224-Lourey: Creates registration for medical response units. 53-0 S.F. 3114-Neuville: Permits the issuance of a limited license under certain circumstances to a person whose driver’s license is suspended for Wednesday, March 27 nonpayment of support. 52-3 S.F. 3177-Frederickson: Modifies wastewater infrastructure funding Bills granted concurrence and repassage program. 54-0 S.F. 2675-Krentz: Requires the commissioner of administration or state S.F. 3298-Johnson, Dean: Dept. of Transportation housekeeping bill. agencies to purchase clean fuels for use in the central motor pool or in Regulates public works contracts, allows the commissioner of motor vehicles owned or leased by state agencies under certain conditions, transportation to acquire land to preserve transportation corridors and defines clean fuels, requires the purchase of motor vehicles for the state modifies motor carrier provisions to reduce certain regulatory obligations. capable of using clean fuels under certain conditions, expands the 56-0 recyclable material container requirements for state agencies and local H.F. 2618-Knutson: Requires public employees and officers to make government units to public entities, and defines public entity. 62-0 prompt reports of certain unlawful actions and authorizes providing certain S.F. 2569-Stevens: Excludes rebates of federal taxes from consideration as data to the state auditor for audit or law enforcement purposes a means of support for persons admitted at the discretion of the veterans notwithstanding provisions of the Data Practices Act. 53-0 homes board to veterans homes. 63-0 S.F. 3099-Berglin: Expands MFIP hardship extensions, allows the S.F. 2580-Foley: Provides that civil hearings relating to driving while ombudsman for corrections to apply for or receive grants and makes impaired (DWI) not give rise to an estoppel on issues resulting from the changes to continuing care programs. same set of circumstances in any criminal prosecution, grants the juvenile court jurisdiction over persons found to have committed a delinquent act Monday, March 25 or charged by juvenile petition, expands the crime of child endangerment to exposure to persons possessing certain chemical substances used to Bills granted concurrence and repassage manufacture controlled substances, prescribes penalties for persons escaping from electronic monitoring, and expands the provision allowing S.F. 2697-Rest: Establishes disclosure requirements for sellers of residential evidence of similar prior conduct in cases of domestic abuse. 63-0 real estate. 61-2 S.F. 3315-Scheid: Makes changes involving the Joint Underwriting Associations’ procedures. 64-0 Bills granted repassage, the objections of the governor notwithstanding Bills granted preliminary passage on General Orders H.F. 2570-Metzen: Modifies the basis for automobile insurance window H.F. 3270-Johnson, Douglas: Omnibus budget reconciliation provisions. glass damage claims payment, provides that payment is to be based on a fair
18 and reasonable competitive price, requires geographic area consideration under certain conditions, prohibits insurers from recommending a vendor unless requested by the insured, eliminates the market survey requirement and repeals the auto glass market survey revolving account. 52-13 Bills granted final passage on the Senate Calendar H.F. 3270-Johnson, Douglas: Budget reconciliation plan. 39-27 Bills granted final passage on Special Orders S.F. 3431-Anderson: Omnibus jobs and economic development policy bill. 44-20 H.F. 3200-Kiscaden: Requires the state board of dentistry to grant guest licenses or registrations to practice as dentists, dental hygienists or dental assistants under certain conditions and subjects guest licensees or registrants to the same obligations as state licensees or registrants. 60-0 H.F. 2988-Scheid: Department of Commerce insurance technical bill. 51-9 Conference Committee reports adopted and repassed S.F. 2739-Metzen: Omnibus liquor bill. 52-6 S.F. 2680-Limmer: Eliminates residential housing ventilation system installation requirements, St. Paul Postmaster Anthony Williams unveils an enlargement of the new “Greetings expands construction codes advisory council from Minnesota” postage stamp as part of the First Day of Issue Ceremony in the membership, and adopts new energy code. 53-5 Capitol rotunda Thur., Apr. 4. Photo by Shelley Hawes Tuesday, April 2 S.F. 2150-Stevens: Modifies electrician licensing provisions and requires rulemaking. 63-0 Bills granted concurrence and repassage S.F. 2881-Cohen: Grants cities or towns certain affordable housing Bills granted final passage on Special Orders regulation authority relating to the establishment of sales prices or rents, H.F. 3125-Metzen: Authorizes periodic account statements in electronic maximum income limits and means to maintain long term affordability in format, changes the name of the telecommunications access for approving subdivision, planned unit development or site plan applications. communication-impaired persons program to telecommunications access 56-6 Minnesota program and modifies provisions for contracting the S.F. 2612-Kleis: Authorizes funeral home vehicles to use flashing red lights. telecommunication relay system. 63-0 58-2 H.F. 3359-Wiener: Modifies protocols for nurses. 60-0 H.F. 1517-Wiener: Establishes requirements for swimming pools at family Bills granted final passage on Special Orders day care or group family day care homes. 63-0 S.F. 2738-Price: Modifies Department of Natural Resources fiscal policy. H.F. 3031-Hottinger: Minnesota Emergency Health Powers Act. 64-0 63-0 H.F. 3163-Betzold: Revisor’s bill. 62-0 S.F. 3132-Stumpf: Authorizes the Northern Counties Land Use H.F. 2214- Johnson, Dean: Stadium financing proposal. 35-0 Coordinating Board to initiate a pilot project to promote cooperative efforts among county, state, federal and local units of government. 64-0 Thursday, April 4 S.F. 2473-Ranum: Specifies that organ donation designations establish intent. 51-11 Bills granted concurrence and repassage H.F. 3364-Johnson, Dean: Omnibus transportation funding bill. 39-25 S.F. 3015-Scheid: Establishes a division of insurance fraud prevention within the Dept. of Commerce to investigate and prosecute insurance Conference committee reports adopted and repassed fraud. 60-0 S.F. 3174-Kelley: Creates a small business category under the Money Transmitter Act. 62-0 Bills granted final passage on Special Orders H.F. 2719-Wiener: Provides for registration of agents of student athletes Wednesday, April 3 and provides penalties and remedies. 63-0 S.F. 3310-Chaudhary: Authorizes the commissioner of public safety to Bills granted concurrence and repassage cancel the school bus driver’s endorsement of a person who has been S.F. 3054-Tomassoni: Modifies provisions relating to petrofund convicted of a gross misdemeanor or of multiple violations that show contractors and consultants. 60-0 evidence of a risk to public safety. 63-0
19 Chapters Chap. 219, S.F. 2655*-Samuelson, H.F. 2698-Paulsen: Extends Chap. 232, S.F. 389-Betzold, H.F. 58*-Dehler: Prescribes the authority of the Board of Physical Therapy to adopt rules on standards for identification of beer kegs, prohibits off-sale beer licensee ethics. Signed by governor: 02/27/02. retailers from selling beer kegs without an identification label or tag and specifies certain label or tag requirements. Signed by Chap. 220, S.F. 264-Stanek, H.F. 351*-Johnson, Douglas: governor: 03/13/02. Omnibus budget reconciliation bill. Vetoed by governor: 02/25/ 02. Veto overridden: 02/28/02. Chap. 233, S.F. 3111-Ranum, H.F. 3190*-Stanek: Requires the Juvenile Court to forward to the statewide supervision (condi- Chap. 221, S.F. 58*-Foley, H.F. 97-Greiling: Changes termi- tional release data) system certain data in juvenile petitions for nology in statutes of references to mentally ill. Signed by gover- individuals under supervision by probation agencies or in out of nor: 02/27/02. home placement. Signed by governor: 03/13/02.
Chap. 222, S.F. 3019*-Ranum, H.F. 3049-Tuma: Expands the Chap. 234, S.F. 2671-Scheid, H.F. 2783*-Davids: Regulates predatory offenders registration requirement. Signed by governor: no-fault auto insurance residual liability. Signed by governor: 03/ 02/28/02. 14/02.
Chap. 223, S.F. 1471*-Vickerman, H.F. 1297-Dempsey: Chap. 235, S.F. 1376-Bachmann, H.F. 1189*-Vanderveer: Modifies provisions to reflect the abolishment of the Minnesota Provides for the election of municipal council members after Municipal Board and the transfer of powers relating to annex- annexation. Signed by governor: 03/14/02. ation to the Office of Strategic and Long Range Planning. Signed by governor: 03/07/02. Chap. 236, S.F. 2210-Tomassoni, H.F. 1620*-Howes: Strengthens orderly annexation agreements. Signed by governor: Chap. 224, S.F. 2760-Lesewski, H.F. 2642*-Gerlach: Elimi- 03/14/02. nates the requirement for county mine inspectors to file annual reports with the Dept. of Labor and Industry. Signed by governor: Chap. 237, S.F. 2873-Johnson, Douglas, H.F. 2987*-Bakk: 03/07/02. Authorizes the conveyance of the Cook County mineral center cemetery to the Grand Portage reservation. Signed by governor: Chap. 225, S.F. 2822-Vickerman, H.F. 3116*-Ozment: 03/14/02. Modifies certain provisions governing the environment and natural resources trust fund. Signed by governor: 03/07/02. Chap. 238, S.F. 2801-Olson, H.F. 3202*-Smith: Increases the Delano Public Utilities Commission to five members. Signed by Chap. 226, S.F. 2441-Robling, H.F. 2624*-Buesgens: Increases governor: 03/14/02. the membership of the Shakopee Public Utilities Commission from three to five members. Signed by governor: 03/07/02. Chap. 239, S.F. 2913-Limmer, H.F. 2629*-Stanek: Authorizes retired licensed architects, engineers, land surveyors, landscape Chap. 227, S.F. 3025-Kelley, H.F. 3148*-Rhodes: Modifies architects, geoscientists and interior designers to use retired registration requirements for speech-language pathologists and professional designations. Signed by governor: 03/14/02. audiologists. Signed by governor: 03/07/02. Chap. 240, S.F. 3082-Larson, H.F. 3309*-Cassell: Modifies Chap. 228, S.F. 2865-Stevens, H.F. 2992*-Rhodes: Modifies the exception to the nursing home bed moratorium for licensed occupational therapist temporary licensure terms. Signed by beds on layaway status. Signed by governor: 03/14/02. governor: 03/07/02. Chap. 241, S.F. 2472-Vickerman, H.F. 2637*-Ozment: Chap. 229, S.F. 2839-Ranum, H.F. 3062*-Smith: Repeals the Provides for town board declaration of office vacancies and term limits for judges in the Hennepin and Ramsey County appointment of officers to temporarily replace elected officers Juvenile Courts. Signed by governor: 03/07/02. unable or refusing to attend board meetings for a certain specified period of time. Signed by governor: 03/14/02. Chap. 230, S.F. 2573*-Berg, H.F. 2748-Westrom: Authorizes ISD #801, Browns Valley, to begin the school year before Labor Chap. 242, S.F. 2892-Cohen, H.F. 3344*-McGuire: Provides Day to accommodate high school students enrolled in Sisseton, for a combined jurisdiction program in the Second and Fourth S.D., and Sisseton elementary students enrolled in Browns Valley. Judicial Districts. Signed by governor: 03/14/02. Signed by governor: 03/13/02. Chap. 243, S.F. 3206-Marty, H.F. 3296*-Thompson: Transfers Chap. 231, S.F. 2531-Pogemiller, H.F. 2695*-Mares: Modifies social security administrative duties from the commissioner of and clarifies certain provisions relating to the Minneapolis employee relations (DOER) to the Public Employees Retirement Firefighters Relief Association. Signed by governor: 03/13/02. Association (PERA). Signed by governor: 03/14/02.
20 Chap. 244, S.F. 1495*-Murphy, H.F. 1547-Finseth: Requires building and construction or repair contracts and requires diesel fuel sold in the state after a certain date for use in internal standard requirement price contracts for building and construc- combustion engines to contain a two percent biodiesel fuel oil by tion to be established by competitive bids. Signed by governor: volume and defines biodiesel fuel. Enacted without signature: 03/ 03/22/02. 15/02. Chap. 255, S.F. 1072*-Lessard, H.F. 1097-Solberg: Designates Chap. 245, S.F. 2562-Scheid, H.F. 2612*-Rhodes: Modifies the photograph Grace as the state photograph. Signed by gover- the certified signature requirement of licensed architects, engi- nor: 03/22/02. neers, land surveyors, landscape architects or geoscientists or certified interior designers. Signed by governor: 03/15/02. Chap. 256, S.F. 2834*-Day, H.F. 3074-Ruth: Provides for the appointment of the Steele County recorder Signed by governor: Chap. 246, S.F. 2711-Rest, H.F. 2899*-Holberg: Modifies 03/22/02. certain Metropolitan Area livable communities provisions and authorizes grants from the livable communities demonstration, Chap. 257, S.F. 3258*-Larson, H.F. 3512-Cassell: Authorizes local housing incentive or inclusionary housing accounts to the commissioner of transportation (DOT) with the unanimous development authorities. Signed by governor: 03/21/02. approval of the Land Exchange Board to convey certain state land to the city of Garfield in exchange for certain land in Douglas Chap. 247, S.F. 3302-Knutson, H.F. 3584*-Holberg: Modifies County. Signed by governor: 03/22/02. the formula for calculation of interest on court verdicts, awards and judgments. Signed by governor: 03/21/02. Chap. 258, S.F. 2434*-Moe, R.D., H.F. 2652-Lieder: Provides for the appointment of the Polk County recorder and auditor- Chap. 248, S.F. 2803-Robling, H.F. 2813*-Molnau: Requires treasurer. Signed by governor: 03/22/02. licensed child care providers to develop policies and procedures for reporting suspected child maltreatment. Signed by governor: Chap. 259, S.F. 2627*-Kiscaden, H.F. 2603-Paulsen: Requires 03/21/02. licensed optometrists or physicians to provide patients with copies of prescriptions for contact lenses after completing the eye Chap. 249, S.F. 2475-Hottinger, H.F. 2766*-Haas: Removes examination. Signed by governor: 03/22/02. the expiration date for a provision requiring motor vehicle fuel franchisors selling or transferring ownership of marketing premises Chap. 260, S.F. 3115*-Kelley, H.F. 3238-Johnson, J.: Modi- occupied by franchisees to offer the franchisees certain rights fies a provision regulating state energy efficiency installment contained in federal regulations. Signed by governor: 03/21/02. purchases and expands commissioner of administration install- ment purchase authority to equipment or services to reduce state Chap. 250, S.F. 3135-Johnson, David, H.F. 3189*-Workman: building or facility energy costs. Signed by governor: 03/22/02. Provides that street sweeping vehicles are special mobile equip- ment for motor vehicle registration purposes. Signed by governor: Chap. 261, S.F. 3080*-Rest, H.F. 3462-Mulder: Requires 03/21/02. preneed funeral arrangement trust account depositors to annually Chap. 251, S.F. 2757-Betzold, H.F. 2742*-Siefert: Modifying report to beneficiaries of the accounts the amount and disposition certain contested case procedures under the Administrative of funds in the account. Signed by governor: 03/22/02. Procedure Act (APA) and authorizes state agencies to, by order, provide for the report or order of the administrative law judge as Chap. 262, S.F. 3136*-Lesewski, H.F. 3348-Nornes: Modifies the final decision. Signed by governor: 03/21/02. workers’ compensation payment provisions, intervention proce- dures, and special compensation fund provisions. Signed by Chap. 252, S.F. 2381-Berglin, H.F. 2531*-Goodno: Provides governor: 03/22/02. for the regulation of hospice providers by the commissioner of health separately from home care providers, provides a hospice Chap. 263, S.F. 2590*-Lourey, H.F. 2753-Hilty: Provides for bill of rights for the benefit of individuals receiving hospice care the appointment of the Carlton County recorder. Signed by and provides for enforcement. Signed by governor: 03/22/02. governor: 03/22/02.
Chap. 253, S.F. 2932*-Krentz, H.F. 3275-Gerlach: Authorizes Chap. 264, S.F. 2670-Higgins, H.F. 2796*-Ozment: Authorizes and provides for the Pollution Control Agency to encourage a city of Minneapolis joint venture with a private entity to citizen monitoring of ambient quality of state waters. Signed by construct, operate and manage an asphalt production facility. governor: 03/22/02. Signed by governor: 03/22/02.
Chap. 254, S.F. 2971*-Knutson, H.F. 3133-Lipman: Codifies Chap. 265, S.F. 2575-Price, H.F. 2792*-Ozment: Provides for the provisions regulating the competitive bidding process for state the indemnification of local government units operating or
21 Chapters participating in household hazardous waste management programs Chap. 277, S.F. 3126*-Foley, H.F. 3245-Boudreau: Makes under a contract with the Pollution Control Agency (PCA). technical changes in certain health care and human services Signed by governor: 03/22/02. programs provisions. Signed by governor: 03/25/02.
Chap. 266, S.F. 3045*-Betzold, H.F. 3373-Stanek: Extends the Chap. 278, S.F. 3117*-Metzen, H.F. 3061-Dibble: Provides for Fourth Judicial District domestic fatality review team. Signed by the transfer or disposal of sewer interceptor facilities. Signed by governor: 03/25/02. governor: 03/25/02.
Chap. 267, S.F. 3109*-Schwab, H.F. 3362-Stanek: Authorizes Chap. 279, S.F. 2419*-Lesewski, H.F. 2600-Mulder: Defines municipal police departments to use black patrol vehicles. Signed portable wading pools located at licensed family day care homes by governor: 03/25/02. or at certain unlicensed child care services as private residential pools for regulation exemption purposes. Signed by governor: 03/ Chap. 268, S.F. 2611*-Ranum, H.F. 2662-Stanek: Adopts the 25/02. new Interstate Compact for Adult Offender Supervision. Signed by governor: 03/25/02. Chap. 280, S.F. 107-Langseth, H.F. 197*-Bishop: Provides for grants to noncommercial television stations and to the metro bus Chap. 269, S.F. 1030*-Wiger, H.F. 1934-Stanek: Ratifies and garage. Vetoed by governor: 03/27/02. enacts the National Crime Prevention and Privacy Compact to provide a legal framework for the establishment of a cooperative Chap. 281, S.F. 2768*-Lessard, H.F. 2678-Solberg: Changes federal-state system for the exchange of criminal history records. provisions in the Medical Assistance demonstration project. Signed by governor: 03/25/02. Signed by governor: 03/26/02.
Chap. 270, S.F. 222*-Krentz, H.F. 94-Haas: Establishes a Chap. 282, S.F. 3073*-Knutson, H.F. 3579-Holberg: Clarifies criminal penalty for gross overlimit taking, possessing or transport- the standard for a misdemeanor violation of an order for protec- ing wild animals in closed seasons and with a restitution value of tion or no contact orders. Signed by governor: 03/26/02. over a certain dollar amount. Signed by governor: 03/25/02. Chap. 283, S.F. 2553-Metzen, H.F. 2570*-Wolf: Regulates Chap. 271, S.F. 2578*-Wiener, H.F. 2873-Wilkin: Authorizes automobile glass claims practices. Vetoed by governor: 03/26/02. county boards upon approval by the Dept. of Human Services to Veto overridden: 03/28/02. implement client directed support programs. Signed by governor: 03/25/02. Chap. 284, S.F. 3068-Murphy, H.F. 3274*-Blaine: Provides certain protections to persons called or ordered to active service. Chap. 272, S.F. 2463*-Anderson, H.F. 2993-Howes: Regulates Signed by governor: 03/26/02. nurses overtime work hours and provides for border state nursing licenses reciprocity. Signed by governor: 03/25/02. Chap. 285, S.F. 3122-Chaudhary, H.F. 2882*-Workman: Regulates electric personal assistive mobility devices. Signed by Chap. 273, S.F. 3167*-Betzold, H.F. 3263-Holberg: Grants the governor: 03/26/02. commissioner of corrections access to private data in preliminary determinations of the appropriateness of filing a petition for civil Chap. 286, S.F. 2821*-Scheid, H.F. 3078-Stang: Regulates the commitment as sexual psychopathic personalities or sexually conduct of real estate industry licensees, modifies disclosures, and dangerous persons. Signed by governor: 03/25/02. regulates records retention requirements. Signed by governor: 03/ 26/02. Chap. 274, S.F. 1226*-Sams, H.F. 1413-Tuma: Guarantees entitlement to full medical expense benefits to persons entitled to Chap. 287, S.F. 2459*-Sams, H.F. 2664-Bradley: Modifies basic economic loss benefits under the no-fault automobile requirements for supplemental nursing services agencies. Signed insurance law. Signed by governor: 03/25/02. by governor: 03/26/02.
Chap. 275, S.F. 3100*-Berglin, H.F. 3276-Boudreau: Provides Chap. 288, S.F. 2115*-Oliver, H.F. 1885-Workman: Clarifies for Medical Assistance reimbursement for approved tribal health licensed motor vehicle dealer bonding requirements. Signed by professionals and specifies certain credentialing requirements. governor: 03/26/02. Signed by governor: 03/25/02. Chap. 289, S.F. 2764*-Marty, H.F. 3091-Abeler: Modifies Chap. 276, S.F. 3124*-Foley, H.F. 3291-Nornes: Modifies standards for reporting incidents in licensed programs serving nursing and board care homes resident reimbursement classifica- persons with mental retardation or related conditions. Signed by tions provisions. Signed by governor: 03/25/02. governor: 03/26/02.
22 Chap. 290, S.F. 2614*-Kiscaden, H.F. 2932-Sykora: Requires competitive or request for proposal contracting conditions. disclosure of an individual’s communicable disease to a foster Signed by governor: 03/27/02. care provider. Signed by governor: 03/26/02. Chap. 303, S.F. 2814*-Murphy, H.F. 3240-Clark, J.: Autho- Chap. 291, S.F. 3055*-Betzold, H.F. 3080-Stanek: Modifies rizes electric cooperatives to use electronic voting. Signed by provisions relating to the Metropolitan Transit Police. Signed by governor: 03/27/02. governor: 03/26/02. Chap. 304, S.F. 2673*-Cohen, H.F. 2596-Holberg: Provides for custody of children by de facto custodians and third parties. Chap. 292, S.F. 2692*-Sams, H.F. 2757-Abeler: Modifies the Signed by governor: 03/27/02. authority of the commissioner of human services to set aside disqualifications of human services license applicants based on Chap. 305, S.F. 3278*-Scheid, H.F. 3328-Molnau: Requires background checks. Signed by governor: 03/26/02. the commissioner of public safety to adopt rules requiring education in organ donation as part of driver education program. Chap. 293, S.F. 2933*-Kinkel, H.F. 2889-Howes: Allows Signed by governor: 03/27/02. installation of certain individual sewage treatment systems. Signed by governor: 03/26/02. Chap. 306, S.F. 2697*-Rest, H.F. 3070-Holberg: Specifies certain disclosure requirements of sellers of residential real estate Chap. 294, S.F. 2550*-Berglin, H.F. 2635-Bradley: Clarifies relating to adverse physical conditions potentially adversely and the requirement for school districts to provide special instruction significantly affecting the rights and interests of the purchaser. and related services for children with a disability. Signed by Signed by governor: 04/01/02. governor: 03/26/02. Chap. 307, S.F. 3315*-Scheid, H.F. 3492-Davids: Modifies provisions relating to the Joint Underwriting Association. Signed Chap. 295, S.F. 2953*-Hottinger, H.F. 3222-Ruth: Prohibits by governor: 04/01/02. excess fire insurance coverage. Signed by governor: 03/26/02. Chap. 308, S.F. 3145*-Foley, H.F. 3221-Eastlund: Revises the Chap. 296, S.F. 2546*-Fischbach, H.F. 2933-Stang: Permits the Minnesota code of military justice, defines or redefines terms, cities of Rockville and Pleasant Lake and the town of Rockville updates language, and removes certain references indicative of to develop a consolidation plan and the cities of New London the navy. Signed by governor: 04/01/02. and Spicer and the town of New London to develop a consolida- tion plan. Signed by governor: 03/26/02. Chap. 309, S.F. 3084*-Rest, H.F. 3506-Ozment: Modifies certain state and local government unit auditing and reporting Chap. 297, S.F. 2715-Murphy, H.F. 2884*-Osskopp: Modifies requirements. Vetoed by governor: 04/01/02. the imposition of overweight vehicles civil penalties. Signed by Chap. 310, S.F. 887-Lourey, H.F. 1224*-Davids: Provides for governor: 03/26/02. registration of medical response units with the Emergency Medical Services (EMS) Regulatory Board. Signed by governor: Chap. 298, S.F. 2966-Robertson, H.F. 3196*-Mares: Dept. of 04/01/02. Administration housekeeping provisions. Signed by governor: 03/ 26/02. Chap. 311, S.F. 2542*-Scheid, H.F. 2785-Goodno: Regulates business and nonprofit corporations and limited liability compa- Chap. 299, S.F. 2890*-Knutson, H.F. 3205-Clark, J.: Regu- nies. Signed by governor: 04/01/02. lates public works contracts. Signed by governor: 03/27/02. Chap. 312, S.F. 2675*-Krentz, H.F. 3519-Ozment: Expands the Chap. 300, S.F. 2793*-Vickerman, H.F. 3223-Harder: recyclable material container requirements for state agencies and Provides for Medical Assistance reimbursement for out of state local government units to public entities and requires state motor services to children with severe emotional disturbance. Signed by vehicles to use clean fuels. Signed by governor: 04/04/02. governor: 03/27/02. Chap. 313, S.F. 2569*-Stevens, H.F. 2647-Erickson: Clarifies that rebates of federal taxes and state sales taxes may not be Chap. 301, S.F. 3244*-Schwab, H.F. 2842-Tuma: Authorizes considered a means of support for Veterans Homes discretionary electronic signatures on certain laboratory blood sample reports. admissions. Signed by governor: 04/04/02. Signed by governor: 03/27/02. Chap. 314, S.F. 2580*-Foley, H.F. 2840-Clark, J.: Clarifies that Chap. 302, S.F. 3034*-Robertson, H.F. 3224-Abrams: civil hearings relating to driving while impaired (DWI) do not to Authorizes Hennepin County to contract with a private or public give rise to an estoppel on issues resulting from the same set of cooperative purchasing organization on behalf of the medical circumstances in any criminal prosecution. Signed by governor: center, ambulatory health center or certain other clinics under 04/04/02.
23 Conference Committees The following are the members of the conference committees appointed to resolve differences on major bills passed by both the Senate and the House. Conferees on other bills have not been appointed by both bodies at this time. Schedules for the conference committees are available online (at http://www.senate.mn) and via phone from the Senate Information Office (651-296-0504 or 1-888-234-1112). Senate conferees are in the right column, House members on the left.
Omnibus bonding bill – H.F. 3618 Stadium bill – H.F. 2214 Knoblach Langseth Mares Johnson, Dean Osthoff Samuelson Goodno Scheid Bishop Wiener Abrams Terwilliger McElroy Larson McElroy Kelley Clark, J. Cohen Milbert Metzen
Omnbius supplemental budget bill – H.F. 3270 Anti-terrorism bill – H.F. 2622 Goodno Johnson, Douglas Stanek Ranum Krinkie Berglin Tuma Moua Seagren Pogemiller Smith Kelley Abrams Price Fuller Schwab Pugh Day Murphy Neuville
Transportation funding bill – H.F. 3364 Transportation policy bill – S.F. 3298 Kuisle Johnson, Dean Kuisle Johnson, Dean Holberg Johnson, David Workman Murphy Workman Sabo Holberg Robling Kielkucki Terwilliger Ruth Higgins Juhnke Ourada Rukavina Belanger
State employee contract ratification – S.F. 3208 Restrictions on phosphorus fertilizer – S.F. 1555 Bishop Moe, R.D. Leppik Higgins Molnau Orfield Holsten Krentz Olson Robertson Juhnke Dille
Omnibus game and fish bill – S.F. 2674 Ozment Krentz Holsten Price Skoe Frederickson
Senate Publications
G-22 Capitol PERIODICAL St. Paul, MN 55155-1606 POSTAGE PAID [email protected] AT ST. PAUL, MN (651) 296-0259 TTY (651) 296-0250
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24 Senate Briefly
Page 2 Highlights
Page 5 Committee update
Page 26 Floor update
Page 30 Floor action
Page 31 Senate Seniority
Senate and House conferees meet in Room 15 of the Capitol in an attempt to break an im- passe between the two bodies over differences on the omnibus budget reconciliation bill. Photo by David J. Oakes
April 12 and 19, 2002
1 Senate Highlights Negotiations continue ence committee on S.F. 2960 adopted a Denise Demars, a parent, said the bill The focus of legislative activity conference committee report that partially represents “a foot in door on the way to shifted from floor sessions to conference repeals the state ban on fireworks. Under legalizing all fireworks.” She said that committee meetings over the course of the the report, novelty items–such as sparklers responsible parents are the exception, not last two weeks. Negotiations on the five and poppers–will be legal for sale and use the rule. Demars cited a study showing that major issues–the budget, capital invest- in the state. Members–meeting Wed., Apr. bottle rockets and sparklers are the two ment, transportation funding, anti- 17–also dropped provisions requiring greatest causes of injury in fireworks- terrorism proposals and the stadium– employers to allow unpaid leave for related accidents. The same study, she said, continued with both Senate and House employees who are volunteer firefighters. showed that sparklers are the second- members exchanging compromise offers. Members of the fire service commu- highest cause of fireworks-related eye At press time, though, no major agreements nity testified against both portions of the injuries. Tim Vadness, White Bear Lakes had been made. bill. Rebecca Booker, a registered nurse, fire chief, said a modern fire department In other action, members were able to said she saw–while living in California, has a great range of responsibilities–water complete work on a number of other bills where fireworks are legal–children with rescue, emergency medical services and that had been referred to conference severe burns on their hands and feet from other duties in addition to the traditional committees. Floor action was dominated sparklers. Cathy Osmonson, fire marshal in responsibility of fighting fires. With over by repassage of conference committee Mounds View, said permitting novelty 2,000 calls a year, Vadness said, “we’re reports and concurrence and repassage of items will only promote the illegal use of maxed out.” Legalizing any form of bills returning from the House with minor larger-grade fireworks. “When you let the fireworks, he said, will increase the amendments. small stuff in, that opens the door for the workload for fire departments. This issue of Senate Briefly covers the large stuff,” Osmonson said. Harlan Testifiers also offered commentary on period between April 5 - 18. The next Lundstrom said legalizing fireworks will the volunteer firefighter leave provisions in the bill, carried by Sen. Debbie Johnson issue will again cover the activity of a two- hamper fire safety and fire prevention (R-Ham Lake) and Rep. Tom Hackbarth week time span and will be published May efforts across the state. Lundstrom, repre- (R-Cedar). Tom Pressler, president of the 2, barring the earlier completion of the senting the Anoka County Juvenile Fire Minnesota Fire Departments Association, legislative session. Centers Task Force, said that since 1993, said making arrangements for dealing with over 700 children have been referred to Modified fireworks okayed fire calls during the workday, or that lead the task force’s educational program. Each into the workday, should be a matter left After extensive testimony on fire- year has seen declining numbers of between employers and their volunteer- works and mandates for volunteer referrals, which he characterized as a sign firefighter employees. “I was a volunteer firefighter leave, members of the confer- of success in fire safety education. firefighter for 20 years and I had it worked out with my employer,” Pressler said. He Senate Briefly is a publication of the Photography: said fire officials across the state have said Minnesota Senate Publications Office. David J. Oakes it should not be a function of the state to During the 2002 Legislative Session, Shelley Hawes mandate a leave arrangement. Dan each issue reports daily Senate activities Winkel, fire chief in Andover, said the bill between Thursdays of each week, lists Writers: should be called the “firefighter unem- upcoming committee meeting schedules Karen L. Clark ployment bill.” There are employers that and provides other information. The will not hire firefighters if the state publication is a service of the Minnesota Joshua A. Dorothy Steve Holman mandates firefighter leave provisions. Senate. No fee. It can be made available However, Johnson said that many Mary Kate Stimmler in alternative formats. firefighters have e-mailed her in support of Matthew Wickman the bill. Winkel said that some firefighters To subscribe, contact: may perceive a benefit, but most volunteer Senate Publications Office firefighters could be harmed. Andover has G-22 Capitol good relationships with local employers 75 Constitution Ave. now, he said, but those relationships will St. Paul, MN 55155-1606 Senate Briefly is published weekly be threatened by a state mandate. (651) 296-0504 during the Legislative session by the Vadness said his department has an 1-888-234-1112 Minnesota Senate Publications Office, annual luncheon honoring local businesses (TTY) 1-888-234-1216 G-22 Capitol, 75 Constitution Ave., St. that allowing firefighters to leave work to Paul, MN 55155-1606. Periodical fight fires. “Those relationships will turn postage paid at St. Paul, MN. POST- sour if leave is mandated,” Vadness said. Editor: Bob James, Bloomington fire marshal, said MASTER: Send address changes to Karen L. Clark one of his employees is a volunteer Senate Briefly, Senate Publications firefighter with Bloomington. They have Office, G-22 Capitol, 75 Constitution Assistant Editor: worked out an arrangement allowing her Ave., St. Paul, MN 55155-1606. Joshua A. Dorothy to respond to calls during the workday under certain circumstances, he said.
2 However a state mandate might mean that Minnesota Retailers Association supports serving with the civil air patrol or on the arrangement would have to be tossed measures to extend the sale and use of military duty. Johnson said some parties out and her leave coordinated by the city’s fireworks. He said the association also has have been trying to kill the fireworks human resources department. no position on the leave portions of the provisions all along. In fact, she said, Mike Stockstead, president of the bill. Hackbarth said he has been told that several members of the fire service testified Minnesota Professional Firefighters the Minnesota Chamber of Commerce is that they were compelled to come forward Association, said though the bill is well- not opposed to that provision either. primarily because of the fireworks provi- intentioned, it will hinder firefighters. The Sen. David Tomassoni (DFL- sions in the bill, not the leave provisions. bill will take away from the ranks of Chisholm) said the legislative process is However, the committee adopted professional firefighters that can volunteer one of compromise and the House and Tomassoni’s amendment deleting the with other departments, he said, because Senate have already found compromise firefighters leave provisions. Rep. Mark those departments will be able to limit fireworks language–allowing only novelty Holsten (R-Stillwater) offered an amend- their leave. Stockstead said there are items. He said that people cannot blindly ment clarifying that the novelty items may almost 1,400 professional firefighters who say that if fireworks are illegal, they will not be used on public property. That also volunteer. not be used. Minnesotans already illegally amendment was also adopted. Conferees Speaking in support of the bill were use fireworks, Tomassoni said. Since the then adopted the amended conference representatives of the fireworks industry conferees heard no testimony in support of committee report on a voice vote. and retailers. Judy Cook–representing the firefighter leave provisions, he said, the Ohio-based fireworks distributor B. J. leave provisions should be removed. Game and fish bill resolved Alan–urged the conferees to accept the Hackbarth said it was unbelievable that Members of the Conference Commit- House language of the bill, which she the state already has numerous statutes tee on S.F. 2674, the omnibus game and called “a reasonable and safe approach to allowing leaves of absence for public fish bill, wrapped up their hearings Tues., fireworks.” Cook said states with some officials, election judges, voters, parents Apr. 16. The panel, chaired by Sen. Jane form of legalized fireworks have lower attending school conferences, bone Krentz (DFL-May Township) and Rep. accident rates. Matthew Lemke said the marrow and organ donors, and persons Dennis Ozment (R-Rosemount), adopted a
A conference committee on the omnibus game and fish bill, co-chaired by Sen. Jane Krentz (DFL-May Township), right-fore- ground, and Rep. Dennis Ozment (R-Rosemount), finishes its work Tues., Apr. 16. Photo by David J. Oakes
3 Senate Highlights number of key amendments that resolved recommended that the members omit At earlier hearings, the panel adopted the differences in the versions of the bill language in the Senate version authorizing provisions of the bill containing identical passed by the Senate and House of the emergency closing of forest roads to language. The members then approved the Representatives. ATVs. “The commissioner already has the conference committee report and ad- The bill contains numerous provisions power to close forests to ATVs, and the journed the hearing. relating to hunting, fishing, trapping, and language might limit the authority,” Morse the use of all terrain vehicles on state said. lands. A controversial provision of the The conferees also adopted several Streaming Videos Available Senate bill, restricting the use of off-road additional amendments and various Two videos, “Discover the Capitol” vehicles and ATVs on state forest land, portions of the Senate and House bills. and “Rules, Laws and Process,” can now be was amended to require the commissioner Members adopted House language accessed through the Legislature’s website of natural resources to establish a motor- regarding a trapper education program and at http://www.leg.state.mn.us/leg/youth/ ized trail task force to review, advise and House language raising turtle seller license video.htm (Requires Real Player or provide recommendations on the use and fees from $70 to $250. In addition, the Windows Media Player.) These videos are management of off-highway vehicles on House language sets the fee for a turtle excellent sources of information on the state forest lands. Ozment offered the seller’s apprentice license at $100. history of the State Capitol and on how amendment and said the provision was Members also adopted an amendment, laws are made in Minnesota. For more aimed at giving attention to ATV use by offered by Sen. Dennis Frederickson (R- information or to borrow a video tape of expressing legislative concern while at the New Ulm), providing that a person may either program contact Senate Media Services at (651) 296-0264. same time providing flexibility for the not “shine” a wild animal on fenced department to address the issue. The agricultural land containing livestock or amendment requires the task force to poultry that is marked with signs prohibit- Frequently called numbers review the quantity and distribution of ing shining. Secretary of the Senate motorized trails on forest lands and Another controversial provision, the 231 Capitol (651) 296-2344 recommend a time frame for trail develop- prohibition on using motorized decoys, Voice mail/order bills (651) 296-2343 ment. was also addressed by an amendment Chief Clerk of the House In addition, the amendment specifies offered by Frederickson. The amendment 211 Capitol (651) 296-2314 that the task force review and recommend prohibits the use of the motorized decoys Senate Index a process for trail planning and develop- just from the opening day of duck season 110 Capitol (651) 296-2887 ment, review current monitoring, mainte- through the Saturday nearest Oct. 8 each House Index nance and enforcement activities, review year. Frederickson said the amendment was 211 Capitol (651) 296-6646 current forest recreation rules and the need designed to protect those birds raised in Senate Information for modifications, review the financial the area that are not used to hunters. 231 Capitol (651) 296-0504 resources needed for current and future Members adopted the amendment. Toll free 1-888-234-1112 ATV trail development, management and Frederickson offered two additional House Public Information enforcement and review the recreational amendments, both of which were adopted, 175 State Office Building (651) 296-2146 Toll free 1-800-657-3550 interests of nonmotorized forest users and that addressed differences in the two Senate Committee Hotline (651) 296-8088 the natural resources protection concerns versions of the bill. The first amendment House Committee Hotline (651) 296-9283 regarding ATV use. clarified language in the bill relating to Senate Sergeant at Arms fishing contests. Under the amendment, Ozment said the amendment gives the G-1 Capitol/Chamber (651) 296-1119 commissioner flexibility in establishing the commissioner may allow up to five House Sergeant at Arms the members of the task force in order for additional permits each year for fishing 45 State Office Building (651) 296-4860 all interested parties to come to the table contests on bodies of water that are 5,000 Senate Counsel & Research and participate in the process. acres or more in size. Further, the amend- G-17 Capitol (651) 296-4791 Tracy Beckman, speaking for the ment specifies that no more than one House Research Sierra Club, said the amendment raised additional contest may be permitted on 600 State Office Building (651) 296-6753 concerns about interfering with the one body of water in a single year. The TTY, Senate (651) 296-0250 environmental review process. However, second amendment resolves differences on Toll free 1-888-234-1216 Krentz responded, “I assure you that no one provisions relating to aquatic vegetation. TTY, House (651) 296-9896 wants to undermine the environmental Frederickson said the amendment provides Toll free 1-800-657-3550 review process. The amendment attempts for distinguishing between legal and Legislative Reference Library to accommodate ATV users while protect- illegal gathering, harvesting, planting or 645 State Office Building (651) 296-3398 ing our natural resources.” destroying aquatic vegetation. Revisor of Statutes Members adopted the amendment Members also adopted House lan- 700 State Office Building (651) 296-2868 after representatives of the All Terrain guage relating to landowners adjacent to Capitol Information Desk Vehicle Association of Minnesota, the waters licensed as a private fish hatchery or 1st Floor Capitol (651) 296-3962 Minnesota Four-wheel Drive Assoc., the aquatic farm. The provision allows the Capitol Historic Site Tours Jack Pine Coalition and the Audubon landowners, their children and their B-59 Capitol (651) 296-2881 Society all spoke in support. Steve Morse, grandchildren to take two daily limits of Capitol Security assistant commissioner of the DNR, also fish per month. B-4 Capitol (651) 296-6741
4 Committee update Finance Sen. Martha Robertson (R- by region instead. She also said she can’t Minnetonka) asked if the legislation was support spending money that the state School health plan study approved Legislators’ first choice for new spending. doesn’t have. Sen. Cal Larson (R-Fergus Members of the Finance Committee, “Why would we have this magic Falls) said studies regarding health plans chaired by Sen. Douglas Johnson (DFL- money that has kind of shown up and say have been done in the past. He also said Tower), approved a bill authorizing a this is where we’re going to spend this the state should be looking at ways private study of school employee health insurance money,” she said. “That’s the problem I businesses provide health insurance for plans at their meeting Thurs., Apr. 18. have.” their employees. S.F. 1755, carried by Sen. LeRoy Stumpf said school employee health “For us to spend over $1 million to do Stumpf (DFL-Thief River Falls), estab- care costs totaled approximately $475 this study is absolutely ridiculous,” he said. lishes a committee to gather information million this year and will cost around Berglin said she doesn’t believe the and make recommendations for the design $550 million next year. Legislators could state employee health plan is a model. She of a school employee health insurance wait, he said, but health care costs are the said it has been said that an investment of plan. Under the bill, the committee must fastest growing costs in education. He said $4 million for wellness issues would save analyze information from current health maybe it is at least possible to stabilize $8 million in the future. However, she plans offering insurance to eligible costs through the study and in the long run said, this has not been done. The bill, she employers. The information must include save the state more money than the cost of said, accounts for wellness issues. The data relating to employee group demo- the study by having a more comprehensive amendment was adopted. graphics, claim experience and other and efficient plan for school employees. Robertson offered an amendment characteristics determined to be necessary Sen. Linda Berglin (DFL-Mpls.) said requiring the committee to analyze and to establish rate structures for an insurance she supports the bill. She said inflation compare the costs, coverage provided, plan. The committee must recommend costs in health care are eating away at financial feasibility, solvency and manage- conditions for a health plan that include inflation funding for the basic education ment of existing plans to a proposed the plan’s structure, benefits, approximate formula. Whatever the Legislature wants to statewide plan. The amendment also premiums, governance, operations and put into education, she said, is eroded. As requires the committee to proceed with the oversight. Any plan recommended by the a result, Berglin said, education funding plan specified by the bill if it is deter- committee must be a large plan and must won’t go for classrooms, but for health care mined that a statewide plan would reduce incorporate consumer education, includ- costs instead. insurance costs. ing wellness programs and measures “I believe there will be ways to reduce Berglin said she was concerned with encouraging the wise use of health costs in a number of areas in the health the amendment because it only allows for insurance coverage, with the goal of care plans that school employees have,” implementation when cost reduction, and premium reduction and cost containment. Berglin said. not cost stabilization, is shown. Robertson An interim report from the committee is Sen. Pat Pariseau (R-Farmington) agreed to delete the language regarding the due June 1, 2003, and the committee must asked why the study only focuses on school issue. The amendment was adopted. The complete its preparation of a plan by June employees. She said there are other groups bill was approved by a vote of 23 to 8 and 1, 2004, according to the bill. in the state that should be included in the advanced to the floor. Stumpf said the study is meant to study besides those in the education discover if there is a realistic way to save industry. CONFERENCE COMMITTEES money while providing health coverage to “Why do we ignore the rest of them?” school employees. she asked. Anti-terrorism “This really is an in-depth study,” he Stumpf said he understood Pariseau’s said. concern. He said cities, counties and small Color-coded licenses debated Stumpf offered an amendment that employers are all struggling to find ways to Legal immigrants receive color-coded appropriates $670,000 in both 2003 and insure their employees. However, realisti- driver’s licenses under a provision in the 2004 from the general fund to implement cally, he said, it is only possible to focus on House anti-terrorism bill, a provision that the legislation. The amendment also a certain area at a time. Sen. Jane Krentz is not included in the Senate’s bill. The requires the rate structure of the plan to (DFL-May Township) said the study can conference committee on H.F. 2622, enable the administrator of the plan to be used as a model for other groups if it chaired by Sen. Jane Ranum (DFL-Mpls.) repay $1.34 million to the general fund works. She also said 40 percent of teachers and Rep. Rich Stanek (R-Maple Grove), within 5 years if a school employee health are no longer in the field after 5 years. By met Thurs., Apr. 4, to discuss the differ- insurance plan is implemented. addressing the high costs of school ences between the bodies’ anti-terrorism Sen. Sheila Kiscaden (R-Rochester) employee health care, she said, the study measures, focusing on driver’s licenses. asked how the legislation will be funded. may help keep teachers in the field longer. The House bill makes three major The committee, she said, already approved Sen. Claire Robling (R-Prior Lake) changes to driver’s license regulations, a budget. She said the bill takes money left said the state employee health plan is none of which are included in the Senate unspent for emergency issues and starts to already a model of a large health plan. bill. The first allows the state to make the spend it. Many different kinds of people are licenses of temporary residents with visas a “I think this is a large problem, but I covered by it, she said. She said the plan different color than permanent residents. think it’s not prudent to spend down the costs more than the average health plan Commissioner of Public Safety Charlie reserves even further.” and that it would be better to cover people Weaver said the state already issues
5 Committee update differently colored cards for minors to give Casper also said the complexities and By relying on the federal immigration store clerks notice that they are not dynamism of immigration law made it very documents for identification, Kilkoff said, allowed to buy alcohol and cigarettes. difficult to enforce through local agencies. the state further jeopardizes the rights of “Who scares you more,” he asked, “a “The House bill makes hundreds of immigrants. “We are saying the best teenager with a cigarette or a terrorist with undertrained immigration attorneys out of authority on immigration is the federal a bomb?” the people behind the counter at the system, which issued 15 visas to terrorists, “Every 17-year old who buys cigarettes Department of Public Safety office,” he including 2 dead terrorists whose visas just does so illegally,” said Sen. Steve Kelley said. came in the mail,” he said. (DFL-Hopkins), “but not every immigrant “If five people all with expired visas, is a terrorist.” are all getting on the same plane and are Differences discussed Weaver said, “The color of the license all from the Middle East,” said Weaver, Bomb squads, juvenile records, will give notice to police officers, persons “you’re probably not going to let them get biological agents registry, a fee for calling in the courthouse, people in the airports on the plane.” “Maybe they are just going 911 and several other anti-terrorism and store clerks. Let’s make it easy for home,” said Rep. Mary Murphy (DFL- proposals were considered by the Confer- people to check on immigration status and Hermantown). make immigrants have a different color.” ence Committee on H.F. 2622, when the The second driver’s license provision group met Tues., Apr. 9. “The colored driver’s licenses are exclusively in the House bill is the going to make life a whole lot harder for a The House bill requires courts to expanded identification requirements for lot of innocent folks,” Kelley said. disclose juvenile criminal records to “Walking into a courthouse, taking driver’s license applications. Weaver said requesting law enforcement agencies, flying lessons, and shopping at conve- last year 4,500 applications were rejected probation officers, corrections agents and nience stores are not unlawful activities,” due to suspected fraud. The House bill prosecuting authorities. Currently, judges said Jorge Saavedra from Centro Legal. requires applicants from other states to may give access to these records. Anoka “Having a different colored driver’s license show their current non-Minnesota licenses County Attorney Bob Johnson said is a signal. It’s going to signal landlords, as well as a second form of Minnesota currently several counties do give access to employers and store clerks, who are likely identification. Currently, licenses from the records, but a judge in Anoka County to discriminate because of it,” he said. other states are accepted as valid identifi- has ruled against sharing the information. James Kilkoff, representing ISAIAH, cation for licenses. “We cannot rely on He said the law is required so law enforce- an inter-faith political justice organization, licenses from other states as valid ID,” said ment officers may make decisions with the said, “What would happen to an immi- Weaver. He said many people who cannot greatest degree of information possible. grant who shows his ID, which has on it his get Minnesota licenses get licenses from Sen. Jane Ranum (DFL-Mpls.), name and address, to a store clerk who Wisconsin or South Carolina, where committee co-chair, said she is hesitant to hates immigrants.” He said members of his requirements are less strict, and then trade support the House changes because the organization likened the colored-coding in their out-of-state licenses for Minnesota provision was added as an amendment and for specific members of the population to ones. never received full attention as a bill. yellow stars Nazis forced Jews to wear A third provision in the House bill “One judge in Anoka County has concerns during the Holocaust. “The bill foments ties the expiration date of licenses to the and we are expected to rewrite juvenile hate and fear in Minnesota,” he said. “No length of legal stay on a visa. The date of record law to get around that,” she said. one is proud of Minnesota’s ban on the The provision, she said, was not strictly an visa expiration, the measure specifies, is to German language during the first World anti-terrorism measure and did not fit in be printed on an immigrant’s license. “We War or the interning of Japanese prisoners the bill. during World War II,” he said. “Those know people who have over stayed visas The House bill also contains funding were shameful acts. Anyone who supports have killed thousands of people in this for additional security at the Capitol, these provisions today will be shamed country,” Weaver said. The House bill, he which the Senate version does not. tomorrow.” said, will make it easier to track and Colonel Anne Beers, chief of the State Ben Casper, an immigration attorney, identify persons over staying their visas. Patrol, said right now security is provided said immigration is a dynamic and Kilkoff said, “Fake IDs are a demand by non-sworn guards. The funding, she complicated area of law, which police driven economy. If an individual has to said, will be used to hire full-time troopers officers, Dept. of Public Safety workers and have an ID, the person will find a way of and pay officers’ overtime during session. store clerks are not equipped to interpret. getting one, regardless of whether the She said currently security is lighter at the He said, as drafted, the House driver’s person has to lie, cheat or steal.” Terrorists Capitol than it has been in the past licenses provisions do not use terminology are not immigrants, he said. Terrorists are because funds from the trunk highway familiar to immigration lawyers and create criminals and like criminals, he said, they account may no longer be used to pay for new categories of immigrants not currently will do anything to get IDs, whether or not security. in federal law. “It is not a good idea for its legal. “Nothing in these bills would The Division of Emergency states to carry out immigration law,” he have stopped Sept. 11,” he said. Management’s duty officer must activate a said. “It raises so many questions practi- Weaver said 15 of the suspected Sept. bomb squad before such a unit may cally that it doesn’t make any sense.” He 11 terrorists had expired visas. One of respond to an incident, under the House said the House bill did not address refugees which, he said, had been stopped by a version. Jerry Rosendahl from the Division and asylees, who make up almost half of traffic officer only two days before the of Emergency Management said there are Minnesota’s immigration population. tragedy. four bomb squads in local police agencies,
6 which receive state reimbursement for collected. He said although the House bill partially deals with a shortfall of approxi- work outside of their jurisdictions. He said only funds one year of collection, he mately $1.4 billion for the 2004-05 that although squad members become state suspects the testing will be continued in biennium. employees when responding to non-local the future and further funding will be The Senate and House plans to deal emergencies, the state may not find out provided in the next session. with the shortfall are markedly different. about their activities until 90 days after The Senate’s anti-terrorism bill The Senate proposal relies heavily on a the event, when the agencies apply for includes a 25-cent increase in the 911 tobacco tax, accounting changes and reimbursement. emergency telephone service fee, which is money transfers to deal with the shortfall. The House bill specifies that chemical currently 27 cents a month. The money is The House plan relies heavily on spending assessment teams are empowered to allocated to various emergency systems. cuts and a transfer of money from the mitigate hazardous materials incidents From the fee, nine cents is dedicated to the tobacco endowment fund to deal with the when the team is equipped and qualified Metropolitan Radio Board. The public shortfall. Each plan eliminates the addi- to do so. Under present law, chemical safety answering points, which receive and tional $439 million shortfall in FY 2002- assessment teams may only evaluate process 911 calls, get 7 cents of the fee, 03, while the Senate plan eliminates hazardous material incidents. Rosendahl and 2 cents goes toward the development approximately 21 percent of the FY 2004- said, “If chemical assessment team is on a and implementation of a communications 05 shortfall and the House plan eliminates scene where a propane tank has tipped system called FireNet, which connects approximately 18 percent. The Senate over and the valve needs only to be closed firefighters with emergency medical plan, through the tobacco tax, also restores to prevent further spillage, the team is services providers. $538 million to the state’s budget reserves. forbidden by law from doing it.” A penny from the fee is earmarked for Specifically, the Senate proposal to Two of the provisions exclusively in the medical resources communications deal with the budget shortfall increases the the House bill, the formation of a biologi- center, which coordinates the communica- tax on cigarettes by 60 cents–accounting cal agents registry and the mandatory tions between ambulances and hospitals. for about half of the revenue raised by the collection of DNA samples from all Stanek said that today the state program is plan–and requires half the increase to take convicted felons, are not in the Senate bill funded through local property tax dollars. place in May 2002 and the next half to because the Senate could not find the Dr. R.J. Fransconi from Regions Hospital take place in January 2003. The measure funding for them, said Ranum. said without the system, ambulance drivers also requires the tax to be linked to future The House bill requires any organiza- would take patients to the nearest hospital, inflation rates. The plan saves approxi- tion or individual with potentially which may not be the most appropriate. mately $312.5 million by delaying a dangerous biological agents, as character- Ranum said New York City’s lack of a portion of payments to school districts for ized by the federal government, to disclose similar communications center made one year, saves $37 million through the possession to the commissioner of responses to the 9-11 tragedy less effective. human services accounting shifts, raises health. The commissioner is directed, Rep. Doug Fuller (R-Bemidji) asked if $70 million by requiring Wisconsin under the bill, to create a biological agents there were alternatives to funding the residents who earn money in Minnesota to registry to track the possession of danger- center through the 911 fee. Frasconi said, file a state tax return, raises $130 million ous biological agents. According to the “Getting money from hospitals and by delaying until 2006 the intended repeal bill, the information collected by the municipalities is like getting blood out of of an accelerated sales tax payment for Dept. of Health may be used to assist in a turnip.” He said both entities are businesses and raises $15 million by investigations of the release, theft or loss of increasingly strapped for funding and repealing the exemption on sales tax for biological agents and any crimes related to Medicare does not allow hospitals to WATS line telephone calls. The measure them. charge patients for the service. also converts from cash to bonds $245 Norman Crouch, director of the state million in planned spending for road health laboratories, said the effectiveness Budget reconciliation improvements, eliminates a $155 million of the registry depends upon whether cash flow account used as a protection individuals and organizations disclose Reconciliation plans compared against state account shortfalls and what biological agents they have. He said Members of the Conference Commit- transfers $52 million from the workers in many cases, scientists obtain substances tee on H.F. 3270, chaired by Sen. Douglas compensation special fund. before they become known agents. For Johnson (DFL-Tower) and Rep. Kevin The House proposal transfers $325 example, he said, a biochemist working Goodno (R-Moorhead), met Thurs., Apr. million in 2002-03 from the tobacco with a virus may stop using it, store it in a 4, to compare the House and Senate plans endowment. The measure makes cuts refrigerator for many years, and forget it’s for phase two of the budget reconciliation during the 2002-03 biennium of approxi- there. If in the mean time, he said, the virus process. mately $57 million to the health, human is listed as a biological agent, its possession In what was dubbed “phase one” of services and corrections budget, $37 will not be reported. the budget reconciliation process, legisla- million to the state government budget, The House bill requires the collection tion was passed erasing a projected $10 million to the environment budget of DNA samples from felony offenders shortfall of approximately $1.9 billion for and $6 million to the early childhood upon their sentencing or release. Rep. Rich the 2002-03 biennium. Phase two of the education budget. The plan also makes Stanek (R-Maple Grove), committee co- process erases an additional shortfall of cuts of $1.7 million to the judiciary chair, said if the House provision is not approximately $439 million in 2002-03 budget and $1.3 million to the economic adopted, 17,000 DNA samples will not be discovered by the February forecast and development budget. No cuts are slated for
7 Committee update
Senators Cal Larson (R-Fergus Falls), left, and Mady Reiter (R-Shoreview) confer on the Senate floor during a Senate floor session. Photo by David J. Oakes either the budgets of higher education or of the delay in school funding, $750,000 budget of the Office of the Attorney K-12 education. for the Perpich Center for Arts Education, General by $627,000, the Office of the Members discussed the specific $295,000 for a Duluth referendum Secretary of State by $175,000, the proposals made by each body for the increase, $300,000 for declining enroll- technology enterprise fund under the budgets of early childhood education, K- ment aid for Albert Lea and $1 million for Department of Administration by 12 education, higher education, environ- declining enrollment aid for the Range $200,000, the State Arts Board by ment and state government. In the early Districts. In total, the Senate appropriates $389,000 and an open appropriation to childhood education budget, the House in an additional $16 million in new spending the Target Center in Minneapolis by 2002-03 reduces $1.66 million to early in the K-12 budget. The Senate also $500,000. The House also reduces childhood family education aid, $1.5 appropriates $7.8 million–raised through a spending with general reductions of million to basic sliding fee child care, telecommunications access fee–for approximately $22 million though an $500,000 to child care development and telecommunications related services. executive branch reorganization, hiring $2.363 million in adult basic education In the 2002-03 higher education and contract freezes and through transfers aid. The Senate plan, on the other hand, budget, the Senate includes new spending totaling $4.1 million from the building makes no reductions and also includes no of $12.7 million. The House has no new codes fund surplus, auto theft prevention new spending increases. spending or reductions in current spending grants and the Minnesota conservation In the K-12 budget, the House plans. The House proposed a $37 million fund account. The Senate plan reduces transfers $200,000 from the tobacco reduction from the state government spending through the state government endowment and appropriates $200,000 for budget, a reduction of approximately budget in two ways; delaying for six a school health plan feasibility study. The $4.65 million is from the operations months the felony DWI to cut $127,000 Senate plan calls for a 1.5 percent infla- budget of the Legislature and another $6.2 and a differing version of the contract tionary increase for K-12 education. The million from a Legislative operations freeze to cut $7.7 million. In the environ- proposal appropriates $13.9 million for carryforward from the previous biennium. ment budget, the House cuts funding by schools with a cash flow problem because The House cuts funding by reducing the transferring $10 million from the recycling
8 block grants. The difference is made up by shortfall in 2004-05. At the previous The House plan also transfers approxi- transferring $10 million from the solid meeting, members discussed the different mately $92 million from the general fund waste fund–which is revenue raised Senate and House proposals to deal with to the health care access fund in 2003, and through taxes–for the grants. The Senate the budget shortfall. Members also makes new appropriations to the GAMC plan appropriates $175,000 to restore the specifically discussed the House and victims of torture account, for an informed agriculture information centers eliminated Senate plans–much different in scope– consent provision and to the veterans in phase one of the budget plan and regarding the plans for the budgets of early homes to cover deficiencies. reduces by $175,000 funding for Depart- childhood education, K-12 education, The Senate proposal has new appro- ment of Agriculture administration higher education, environment and state priations totaling approximately $300,000 purposes to make up the difference. government. and includes fewer reductions in funding. Johnson said the Senate plan regard- The Senate and House plans for the The Senate reduces the budget shortfall in ing the budget shortfall is an appropriate budgets of health, human services and 2002-03 by approximately $36.9 million balance of spending reductions and tax corrections and jobs and economic by delaying certain payments to counties, increases. He said restoring the budget development are also much different. In by $7.6 million by reducing pharmacy reserves was “critical” for preserving the health, human services and corrections, the reimbursements, by $500,000 through a credit rating of the state. There are tax House calls for a reduction in funding of Medical Assistance employed persons with increases in the plan, he said, but he added approximately $57 million over the 2002- disabilities proposal and by various that they are necessary to prevent large cuts 03 biennium. The House calls for a amounts in different parts of the correc- in human services, to continue to fund spending reduction in the budget of nearly tions budget by delaying for 6 months the programs for children and to ensure that no twice that amount in FY 2004 and nearly felony DWI. The Senate plan reduces the programs for the most vulnerable Minneso- 2.5 times the amount in FY 2005. Also, the shortfall by taking federal TANF tans are cut. He said the House plan relies too heavily on budget cuts that hurt many House transfers $325 million from the carryforward funds of $3 million from the of those vulnerable Minnesotans. statewide tobacco prevention endowments previous biennium from the pathway “We think that it is very unfair,” he to the general fund in 2002 to help program under the Minnesota Department said. “We think that it is very cruel to some eliminate the budget shortfall. Regarding of Trade and Economic Development and of the low income people in Minnesota specific reductions in the budget, the $2.25 million from the health care worker and some of the most vulnerable Minneso- House cuts funding in 2002-03 by training program under the department. tans in our state.” reducing a program expanding health care The plan uses TANF funds to include new Johnson also compared the current to children by approximately $14 million, appropriations of just over $5 million for climate in the Legislature to the mid transferring $6.6 million from the consoli- extensions to two MFIP programs and 1980s, when taxes in the state were cut by dated chemical dependency treatment tier $1.45 million to cover a county adminis- $1 billion and human services spending II reserve fund to the state’s general fund, tration shortfall. The Senate plan uses was slashed. transferring balances of $5.25 million from general fund money for new appropria- Rep. Philip Krinkie (R-Shoreview) certain state operated services accounts to tions for critical access grants to pharma- said there is no comparison between what the general fund and reducing funding for cies, critical access grant administration, a happened in the mid 1980s and what is family planning special projects by $1.1 medical case management program for MA happening now. In the 80s, he said, the million. The House reduces the budget eligible children, state operated services, general fund received a 10 percent cut. shortfall by approximately $120 million the veterans home deficiency and several Now, however, he said what is being by consolidating General Assistance corrections programs. The Senate also discussed is around a 1.5 percent cut to the Medical Care (GAMC) into increases funding to the Department of general fund. No action was taken on the MinnesotaCare, by $700,000 by reducing Corrections in 2004-05 that was reduced measure. eligibility for General Assistance (GA) to in phase one of the budget reconciliation 6 months out of every 24 months, by plan. Public testimony heard $300,000 by reducing eligibility for In the jobs and economic develop- Members of the Conference Commit- Minnesota Family Investment Program ment budget, the House reduces the tee on H.F. 3270–the budget reconcilia- (MFIP) assistance to 120 percent of budget shortfall in 2002-03 by cutting tion bill–met Fri., Apr. 5, to discuss the poverty, by $460,000 by placing a sunset $480,000 in funds to the Minnesota Film different House and Senate proposals in on the 24-month MFIP education program Board, $425,000 to the jobs skills partner- the bill for the budgets of health, human and by $56,000 by repealing a proposed ship program, $400,000 to the manufac- services, corrections, jobs and economic study of children enrolled in the tured home park redevelopment program development and to hear public testimony MinnesotaCare and Medical Assistance and by transferring $6.695 million from regarding the bill. The meeting was (MA) programs. The House proposal also the Minnesota minerals 21st century fund chaired by Sen. Douglas Johnson (DFL- reduces federal Temporary Assistance for to the state’s general fund. Tower) and Rep. Kevin Goodno (R- Needy Families (TANF) funds by $2.1 The Senate makes no reductions to Moorhead). million to sunset the 24-month MFIP the budget for jobs and economic devel- The budget reconciliation measure is education program and by $1.4 million to opment. The measure includes new meant to eliminate an additional shortfall reduce the eligibility for MFIP assistance appropriations of $7.6 million for the of $439 million for the 2002-03 biennium to 120 percent of poverty. The House dislocated workers program and a total of discovered in the February forecast and to transfers the TANF money saved to other $17.7 million to extend unemployment deal partially with a projected $1.4 billion areas where it is eligible for use. insurance benefits to laid off workers from
9 Committee update Farmland Foods, Fingerhut, Potlach and to proposal for the Corrections Department, state budgets. He said families should not the airlines and industries related to the which restores cuts in funding made in be put in a vulnerable position where a airlines. The proposal also has new phase one and exempts the department medical problem could cause them to fail. appropriations of $7.6 million covering from the hiring and contract freeze. He said Koppel also said taxes should be raised two areas within the workforce develop- the Senate should not exempt the Correc- instead of reducing funding to certain ment fund and $20.16 million to increase tions Department from the hiring and programs. the eligibility for the unemployment contract freeze. If one agency is exempted, Sue Watlov Phillips, executive insurance fund from 60 percent to 70 he said, then the freeze falls harder on the director of Elim Transitional Housing, percent of the average annual wage. other agencies. Krinkie also said the spoke against the House position to limit Members listened to testimony from a decisions regarding the Corrections eligibility for GA to 6 months out of each long list of persons regarding the various Department were already made during 24 month period. She also said taxes budget reconciliation proposals. Jan phase one, and that it was inappropriate to should be raised and funding reductions Malcolm, commissioner of the Minnesota go back and open up the issue after the should not be made. She said the state is Department of Health, spoke against the decision has been made. experiencing a shortfall because of tax cuts House plan to use tobacco endowment “Unless we’re going to go back and and rebates made in previous years. She funds to help eliminate the shortfall. plod through every agency’s budget, I said she thought the tax cuts and rebates Malcolm said 90 percent of those who think that the way we structured this in were bad decisions at the time, and still smoke do so for the first time in their phase one and from the House perspective thinks they were bad decisions now. She teenage years. Because of this, she said, it is in phase two makes the most sense,” he said homelessness will increase if eligibil- important to keep funding designed to said. ity for GA is limited. She also said if local prevent youths from smoking. She said Responding, Johnson said the Legisla- units of government decide to pick up the most health commissioners in the country, ture must go back and address issues when slack, property taxes will go up as a result. regardless of party affiliation, say teen new information is obtained or if a mistake Either way, because of the provision, she smoking is the number one health issue in is made. said, property taxes will increase or people their state. Malcolm also said smoking “It’s our responsibility to change will end up on the street. takes a huge economic toll on the state. things if we’ve done something wrong,” he “It doesn’t make fiscal sense. It’s also She said that reducing smoking rates by 30 said. inhumane,” she said. “These changes we’re percent would save approximately $480 Sen. Lawrence Pogemiller (DFL- looking at will devastate people’s lives.” million each year in health care costs Mpls.) quoted from a letter written by Economic Assistance Unit Supervisor alone. The endowments, she said, provide Benson that states that staff, inmates and for Hennepin County Waly Tarasczuk also a long-term revenue stream for a long-term spoke against the cuts in GAMC that the public will be in danger if cuts to the purpose. Without the endowments, she transfer GAMC recipients to Corrections Department are not restored. said, it is difficult to compete with all of MinnesotaCare. He said problems will be He asked members if creating a dangerous the other options for funding from the created for hospitals if more individuals situation was what they really wanted to general fund. She also said the programs are transferred to MinnesotaCare. The currently funded through the endowment do. Also, Sen. Linda Berglin (DFL-Mpls.) provision, he said, forces hospitals to pay are working. said there are two choices for the Legisla- for uncompensated care because there is a “We are starting to make a difference ture: sentences must be reduced and limit to the amount that MinnesotaCare in youth smoking for the first time in people must be released earlier, or the pays for. Tom Lehman, from the Minne- decades,” she said. “It’s very important to Legislature must pay to keep people in sota Hospital and Healthcare Partnership, prevent teens from becoming addicted prison. also testified in opposition to the House smokers.” Many individuals from different proposed elimination of the GAMC Deputy Commissioner of Corrections community agencies also testified. Karla program. Lehman said eliminating GAMC Dennis Benson testified regarding cuts to Wiegold, president of Residents for places great strain on Minnesota hospitals. the Corrections Department made in phase Affordable Housing, said taxes should be He said the elimination forces hospitals to one of the budget reconciliation plan. The raised and programs should not be cut. She provide more uncompensated care. This, Senate restores much of the reduction in said so much time and effort is being spent he said, will force hospitals to shift the phase two, while the House does not. on innovative ways to build a stadium–a costs to the local population, and may put Benson said the department faces cuts of place for “millionaires to play,” she said– certain services in jeopardy. Lehman said approximately 8.5 percent. Yearly sentenc- that it seems like a way to provide afford- access to care is already increasingly in ing enhancements, he said, add to the able housing can be found also. She said jeopardy, because 35 hospitals have closed costs. He said prisons must be adequately social service programs are important to over the past 20 years. Raising money funded to keep them safe for staff and help people become self-sufficient. through a tobacco tax, he said, is a more inmates. “Once you get down, it’s awfully hard acceptable solution to the budget shortfall. “If we aren’t adequately funded we are to come back up without help,” she said. He also said hospitals received one-third absolutely going to have problems,” he Jim Koppel, executive director of the of the human services related cuts in phase said. “The budget before us is fraught with Children’s Defense Fund, spoke regarding one, and other programs should take a cut disaster from my perspective.” reductions in health care programs. He said also. Rep. Philip Krinkie (R-Shoreview) the Department of Human Services takes a “We are being asked to give and spoke regarding the Senate phase two disproportionate hit compared to other give,” he said. “Other groups are not.”
10 Some Legislators had concerns with tion bill–discussed the tax provisions in less in the next biennium. After the first the number of taxes contained in the the Senate plan for reconciliation at their $14 million, he said, the department had Senate plan. Krinkie said some state meeting Tues., Apr. 9. Members of the no other choice but to make cuts in the expenditures and employees must be committee, chaired by Sen. Douglas collections area. reduced instead of raising taxes. He said Johnson (DFL-Tower) and Rep. Kevin “It’s not a direction we wanted to go,” many people in “main street Minnesota” Goodno (R-Moorhead), also listened to he said. are losing their jobs. It is unfair, he said, to public testimony regarding the House and Rep. Philip Krinkie (R-Shoreview) balance the state’s budget by raising their Senate proposals for reconciling the asked why the department didn’t touch the taxes. budget shortfall. $5 million earmarked during a recent Sen. Dick Day (R-Owatonna) said The major tax initiative in the Senate previous session for further noncompliance Minnesotans already pay too much in plan is the tobacco tax hike, which activities. He called the money–which taxes. Many families, he said, work well includes a 60-cent per pack increase on enabled the hiring of 45 more employees over 40 hours each week just to keep up cigarettes and a 35 percent to 49 percent in the department–a Senate initiative to with the taxes that they pay. increase in the wholesale price of all “extract” more money from the taxpayers. “What we’re doing in Minnesota is tobacco products. In the 2002-03 bien- He asked why the department needs 45 we’re absolutely annihilating people who nium, the Senate proposal raises approxi- more employees to achieve greater tax are working,” he said. mately $174 million through the tobacco compliance. Marc Manley, executive director of tax increase, and nearly $376 million in Responding, Johnson said that people the Center for Tobacco Reduction, spoke 2004-05. The Senate plan also includes are required to complete the necessary against using the tobacco endowments to several other tax increases or modifications work. It is the same in government, he said, deal with the budget shortfall. Instead, he that raise different amounts of money. as it is in the business world. Johnson also said he favored the Senate plan to raise the Through several income and corporate tax said that the money collected with the tobacco tax. He cited a list of 130 differ- changes–including a requirement that additional funding is collected from ent Minnesota organizations that also Wisconsin residents working in Minnesota people who owe it. support raising the tobacco tax. Manley file a Minnesota income tax return–the “These are people that actually owe said tobacco is the leading cause of death Senate raises $58 million in 2002-03 and taxes,” he said. in the United States, killing more people nearly $135 million in 2004-05. By Pam Wheelock, commissioner of the in one day than “hard drugs” kill in a year. delaying a sales tax acceleration to 2006, Minnesota Department of Finance, said He also said that $2.6 billion is spent in the Senate raises no new revenue in 2002- the additional funding for tax compliance Minnesota each year because of tobacco 03, but raises $137 million in 2004-05. By was actually a governor’s initiative. She use. Raising the tobacco tax, he said, saves repealing a sales tax on a certain inter-state said that when money is reduced there will lives, improves health and saves money. phone service, the Senate plan raises no be a negative impact on the department. If “Increasing the cigarette tax is the new funds in 2002-03 but raises nearly $15 more money is available, she said, there single most effective way to reduce million in 2004-05. After several modifi- will be a positive impact. Wheelock also tobacco use by youth,” he said. “This cations that result in small tax decreases in said the general fund problem is aggra- single act would provide us with a certain areas, the Senate plan raises vated by $14 million as a result of the healthier population for decades.” approximately $222.5 million in 2002-03 reduction in funds to the Revenue Krinkie said increasing the tobacco and $645 million in 2004-05. Department. More money should be made tax just forces those who are addicted to Members also continued to listen to available, she said, to avoid the additional smoking to pay more to obtain cigarettes. testimony regarding the different plans for loss in revenue collected. Matthew Smith, Those who do not smoke, Krinkie said, are budget reconciliation. Dennis Erno, commissioner of the Revenue Department, telling people to tax those who do. He also deputy commissioner of the Minnesota said he believes the department owes it to said in theory the higher the price for Department of Revenue, spoke regarding all taxpayers to get compliance from tobacco, the less people can afford it. the $19 million cut to the Revenue individuals who are not paying their taxes However, he said there are other alterna- Department. Erno said $14 million of the properly. In every conversation with tives for buying tobacco products over the reduction is a direct cut. When deciding taxpayers, he said, they tell him that those counter, such as theft, the black market what to cut, he said, the department tried who are not paying taxes should be made and buying from Indian Reservations. not to make cuts in areas that generate to. Manley said cigarette prices are higher revenue for the state. The department, he “This is the right kind of thing to do,” in Wisconsin and there have been no said, can cope with the cut. However, he he said, “and we’re trying to preserve our problems with people crossing the border said the additional $5 million of the ability to do that.” to buy cigarettes. He also said prices are reduction comes as the result of the hiring Wheelock also discussed the House much higher in Canada–even with a tax and contract freeze. proposal to save money through a reorga- increase–and there have been no problems This, he said, makes it more difficult nization of the executive branch. She said because of that either. No action was taken to avoid cutting areas that focus on the House used outdated numbers when on the proposal. generating revenue, such as noncompli- forecasting the amount of money saved in ance. He said as a result of the additional the proposal. Such a change, she said, Tax proposals discussed reduction, the department will collect an should not be done unless it is driven by a Members of the Conference Commit- estimated $14 million less than antici- business efficiency function. Wheelock tee on H.F. 3270–the budget reconcilia- pated in 2002-03 and will collect even also said she was skeptical the reorganiza-
11 Committee update tion will save any money on top of the economy and it’s ability to recover,” he “We’re prepared to live with your budget cuts already put in place. said. “We’re very fearful that any tax decision,” he said. “I can’t believe [the executive branch] increase will affect the economy.” Steve Jatczak, telecommunications is even able to think about enacting this Sen. Lawrence Pogemiller (DFL- coordinator for many school districts and when dealing with budget cuts,” she said. Mpls.) asked if the chamber really believes libraries in Northern Minnesota through “It is the wrong time to pursue something a tobacco tax will affect the economy. the Learning Network of Minnesota, spoke like this.” Blazer said the chamber hears the most in favor of the Senate plan to raise revenue Johnson asked what it would take to concern from retailers and those in border for telecommunications services through maintain the staff at the governor’s communities. He said the tax affects an access fee on telecommunications. The residence. Wheelock said she didn’t know. certain communities more than others. fee is to be deposited into a telecommuni- However, she said the best way to maintain Any additional tax, he said, has a negative cations fund. He said the cost of telecom- the staff would be to restore money for that impact. munications services varies across the state. specific purpose. Krinkie said the House If price increases hurt economic The current account that finances the State Government Committee recom- recovery, Pogemiller asked if the public services, he said, expires in 2002. Vernae mended appropriating money to keep the can also expect to see no general price Hasbargen, with the Minnesota Rural Education Association, also spoke in residence open for ceremonial purposes. increases in cigarettes. He also asked why, support of the tax on telecommunications He said if events are catered there is no if all additional taxes are negative, the need for a full time staff. He also said the services. She said there will be major cuts chamber has said it is not necessarily in the telecommunications services in governor could keep the residence open if opposed to a gas tax increase. Responding, he wanted to. The Legislature, he said, just schools in 2003 unless the program is Blazar said revenue raised from a gas tax appropriates money, and others decide funded. Without the revenue raising plan, increase will be used to build state what to spend it on. she said students will be penalized, and infrastructure. Rep. Ron Abrams (R- Wheelock said there has been a 15 their districts will be forced to shut down Minnetonka) joined the debate. He said percent cut to the governor’s budget. With lines and take resources from classrooms. the reduction, she said, the governor is anytime money is taken from the private She said if a gas tax will have a positive using his best judgement on how to protect sector and given to the government there impact on the state, a telecommunications the best interests of his office. She said this will be negative consequences. The tax will have a positive impact also. is a case of Legislators making decisions question, he said, should be which tax has Businesses, she said, need workers from all and not liking the consequences. Krinkie, the least and most effect on economic school districts in the state. Elaine Keefe, however, said the cuts to the state govern- growth. Pogemiller said a tax on gasoline with the Minnesota Library Association, ment budget are minimal compared to the allows the state to invest in transportation said the goal of the telecommunications 25 percent increase it has received since to move goods. That, he said, has an fund is to provide a permanent and stable the governor took office. Wheelock said economic benefit. However, Pogemiller funding source for telecommunications the concern in the executive branch is not added that it appears that smoking– services. She said the telecommunications in the level of reduction, but in the areas because of its health impact–takes money network is necessary to help check out in which it is applied. from the state’s budget. There is also an books, see what is available in libraries Sen. Linda Berglin (DFL-Mpls.) asked economic benefit, he said, in reducing and to provide internet access–the Wheelock about the House proposal for smoking. Pogemiller also asked if the “lifeblood” of the modern library, she said, further reductions in hiring in certain areas chamber sees a connection between to those who do not have it otherwise. She of the budget. She is concerned, she said, reducing smoking rates and reducing also said similar plans have been adopted about getting a backlog of individuals health care costs. Blazar said the chamber is by other states. waiting to obtain certain licenses. As a aware of the connection. However, he said “We need state help to cope with result, she said people may not get their more research must be done to establish a these costs,” she said. No action was taken licenses and the state may not obtain the link between an increase in price and long on the measure. usual revenue for them. Wheelock said an term consumption. Pogemiller said that the option other than hiring and contract research has already been done. More testimony given freezes should be considered. Krinkie asked Blazar if it is the view of Members of the Budget Reconcilia- Others testified regarding plans for the chamber that more cuts can be made tion Conference Committee, chaired by budget reconciliation. Bill Blazar, from the instead of increasing taxes. Blazar said it is Sen. Douglas Johnson (DFL-Tower) and Minnesota Chamber of Commerce, spoke the chamber’s view that more reductions Rep. Kevin Goodno (R-Moorhead), heard against the tobacco taxes raised in the can be made. Sen. Leonard Price (DFL- more public testimony regarding the Senate proposal. He said the budget can be Woodbury) said if the chamber believes different House and Senate proposals for balanced without raising taxes. A tax more cuts can be made, they should state dealing with the budget shortfall at their increase, he said, will slow the economic from where those cuts should come. He meeting Wed., Apr. 10. recovery currently taking place and will asked where the chamber thinks cuts can Robert Tennessen, representing reduce the recovery in the long run. He be made, with the goal of maintaining the smokeless tobacco organizations, spoke in said expenses should not be added to by quality of life in Minnesota. Blazar said the opposition to the tobacco tax increase in raising taxes. House has said that nothing should be off the Senate plan. The tax is regressive, he “We don’t like tax increases; we are limits. He also said the chamber will stand said, and falls hardest on low income very fearful of their impact on the behind whatever decisions are made. citizens. He also said a tobacco tax will
12 From left, Senators Leo Foley (DFL-Coon Rapids), Chuck Fowler (DFL-Fairmont), John Marty (DFL-Roseville) and Kenric Scheevel (R-Preston) discuss legislation during a recent floor session. Photo by David J. Oakes bring retailers into competition with He also said that convenience store owners Jerry Knickerbocker, from the border states. He said he advocated a are concerned that if people go across the Minnesota Telephone Association, spoke progressive tax, such as an increase in the borders to buy cigarettes, they will also buy against the Senate plan to establish a income tax, instead. Tom Briant, from the other products–costing them more telecommunications access tax and a Minnesota Wholesalers and Marketers business–in the process. telecommunications fund. Knickerbocker Association and the Minnesota Tobacco “They’re concerned about the tax and said many businesses will be forced to pay Store Association, also opposed the what it’s going to do to their business,” he for the fund. He asked if placing an tobacco tax increase. He said a cigarette said. additional sales tax on one sector of the tax is not a tax on cigarette manufacturers, Johnson asked if the state and federal economy was good public policy. Tele- but is a tax on consumers. Since only 20 governments have increased penalties for communications businesses, he said, percent of the population are smokers, he online tobacco sales. Rep. Ron Abrams should not be singled out for a “special” said, the tax falls disproportionately on (R-Minnetonka) said that the state hopes tax for programs previously financed one group of people. to be in a good position to enforce the through the general fund. He also said “I believe the tax system should be sales by 2006. Sen. Lawrence Pogemiller members should keep in mind that another based on fairness and equity,” he said. (DFL-Mpls.) said the cigarette industry has bill is moving through the process that also Briant also said if the tax is raised, raised their prices by at least $1 per pack in adds a telecommunications fee. Com- those who choose to use tobacco products the past few years. bined, they represent a large increase, he will look for less expensive alternatives– He asked why the government can’t said. such as the Internet–to buy them. Accord- raise the tax for the first time in at least a Dave Weirens, from the Association ing to an article from Tobacco Outlet decade if the industry can raise their prices of Minnesota Counties, spoke regarding a Business magazine, he said online tobacco in just a few years. He also said he believes House proposal to reduce funding in sales in the United States will reach the black market issue for cigarettes is 2004-05 for recycling block grants to approximately $5 billion per year in 2005. overplayed. counties given through the Select Com- He said Internet sales will costs the states “I think the whole issue is not that big mittee on Recycling and the Environment $1.4 billion each year in lost tax revenue. of a deal,” he said. (SCORE). According to Weirens, such a
13 Committee update maneuver will either reduce opportunities tans, including the disabled, children and at local clinics if they need to. Goodno to recycle or force counties to raise taxes to welfare recipients. also said the state does not fund regular continue recycling services. “It clearly violates the principle that doctors, but does provide this funding for Sen. Leonard Price (DFL-Woodbury) state budget balancing decisions should one type of medical provider. said counties may have to increase not increase the burden on vulnerable Minnesota Civil Liberties Union property taxes because of the House plan Minnesotans,” she said. representative Sue Rockne testified in to reduce the recycling grants. He also said However, Madden also spoke against opposition to the House proposals. She the original intent of SCORE was to the Senate plan to raise a majority of the said she is personally affronted by the promote recycling. The House plan, he needed revenue from the tobacco tax. Taxpayers Protection Act. She also said, said, interferes with that important goal. This, she said, will hit low income regarding the right to know provision, that “I don’t think that the Senate position taxpayers the hardest. She said possible women already are provided with that would be that this would be wise,” he said. alternatives would be to combine a smaller information. Goodno said the state was able to get tobacco tax increase with an income tax the SCORE program up and running. surcharge or combining the increase with Senate makes offer However, he asked at what point a user fee an expansion of one of the state’s existing In an attempt to break the stalemate should be considered to continue with the refundable tax credits to low income tax between the House and Senate, the Senate program if people support it. Responding, payers. conferees at the Budget Reconciliation Price said if garbage isn’t recycled it must “We think the Senate’s tax proposal Conference Committee made an offer to be put in a landfill. Also, he said reducing could be improved, with closer attention deal with the $439 million budget being paid to tax fairness,” she said. the funding is just a move done for the shortfall in 2002-03 at their meeting Andrea Rau, from Minnesota Citizens sake of convenience. That, he said, is not Thurs., Apr. 11. The meeting was chaired Concerned for Life, testified in support of dealing with the problem of the ever by Sen. Douglas Johnson (DFL-Tower ) a House proposal–called the Taxpayers increasing amount of garbage that is and Rep. Kevin Goodno (R-Moorhead). Protection Act–to no longer allow state thrown out as the result of the way we live. Johnson said the offer, which came funding for clinics that perform abortions. after several days of testimony and Scott Croonquist, from the Education She asked if taxpayers should fund multi- Association of Metropolitan School discussion, includes significant changes million dollar industries that hurt women regarding items that Senate conferees Districts, testified regarding several issues and children. Rau also spoke in favor of believed House members would not in the Senate proposal. He said that he the “right to know” provision in the House support. The offer retains Senate proposals would prefer a portion of school funding proposal. The provision, she said, has to eliminate the 2002-03 shortfall by not be delayed, which is a measure the strong support in Minnesota. She said 72 converting from cash to bonds $245 Senate uses to trim $312 million from the percent of Minnesotans support such a million in planned spending for transpor- budget shortfall. However, he said he proposal according to a February poll. Rau tation projects, delaying $312.5 million in understood the reality of the situation and said the right to know provision provides school payments and shifting $36.9 preferred that solution to education cuts. women with only unbiased and accurate million in human services programs. The Croonquist also said he supported Senate information about an abortion before offer also retains previous Senate plans to proposals allowing schools to levy for undergoing the procedure. She said it will appropriate $13.9 million for schools with school safety purposes, establishing an ensure that women have clear access to cash flow problems and to include new inflationary increase in education funding, information. It will not, she said, restrict spending in various state budgets. creating a telecommunications fund and access to abortions. New items in the offer include a $908 allowing half of the money set aside for “Before they can do that they must million bonding bill–excluding transpor- staff development to be used for other know the facts,” she said. “We feel this will tation issues–that splits the difference purposes. truly empower women to make the best between House and Senate proposals. New Minnesota Budget Project Director decision for themselves.” items also include $5 million to reinstate Nan Madden spoke regarding the impact Johnson said he doesn’t like to see reductions to the Department of Revenue– of budget reconciliation on low income state money go to organizations such as a change made after department represen- people. She said the project, an initiative Planned Parenthood. However, he said for tatives said the reductions would decrease of the Minnesota Council of Nonprofits, many low income women in rural Minne- their ability to take in additional revenue– released a set of principles in January to sota such organizations are their only and $250,000 for the governor’s residence. guide fiscal decisions in response to the access to health care and family planning The Senate offer eliminates many of the shortfall. The principles, she said, are that information. He said they help prevent tax provisions from the original proposal, budget balancing should not make the pregnancies–and abortions–as a result. but keeps the 60-cent cigarette tax and the recession worse for those least able to There are, he said, no other alternatives for requirement that Wisconsin residents weather the downturn, and that a combi- those women. working in Minnesota file a Minnesota nation of reserves, revenue rasing tech- Goodno said the provision taking income tax return. The Senate offer also niques and spending reductions should be away the funding does not touch those keeps the telecommunications fund, but used. She said the House position clearly receiving General Assistance Medical sunsets the measure in 2005. Major items violates those principles. The House, she Care (GAMC) or MinnesotaCare assis- still requiring discussion are the state said, makes deep cuts in safety net pro- tance. Individuals receiving that assis- employee contract language and the grams for the most vulnerable Minneso- tance, he said, can still go to local doctors proposal to institute a moratorium on the
14 five-year limit to Minnesota Family committed by the courts. Regarding the “Why aren’t we doing it the way that Investment Program (MFIP) assistance. additional funds for the Revenue Depart- takes care of everything?” he asked. Johnson said the offer raises approximately ment, he said it is like a business buying a Sen. Lawrence Pogemiller (DFL- $220 million less in revenues that the new set of tools in order to make more Mpls.) discussed the House proposal to original Senate proposal. money. He also said, about restoring funds increase funding for Adult Basic Educa- “This is what I would call a good faith to the corrections budget, that prisons need tion (ABE) by 5 percent more than the proposal that does make some substantive to be kept safe. previous biennium. The Senate proposes changes,” Johnson said. “We didn’t just “We want to play it safe and you an 8 percent increase. He passed out a resurrect the Senate bill without changes.” should want to play it safe,” he said. worksheet that shows the growth rates of While Goodno said the offer didn’t go “Sometimes that costs a little money.” the top 20 programs in the state. Several as far as he had hoped, he called the Krinkie said a detailed analysis from programs had no–or minimal–projected measure a “good step forward.” However, the Department of Revenue regarding the growth and others projected growth the House, he said, still doesn’t support effects of reductions to the department has between 5 and 8 percent. Others, though, either the tax increases or the MFIP been asked for. There is no guarantee, he had projected growth rates of between 10 assistance deadline moratorium. said, that the money the department says it and 40 percent and had waiting lists for “We’re opposed to any tax increases,” won’t be able to obtain in the coming services. The highest growth rates were in he said. “Don’t get too wedded to the idea years will actually be available. He also rural and suburban areas. that you have to raise taxes to solve the said the Senate plan restores too many of “I think the 5 percent is clearly problem.” the reductions that were made in phase inadequate,” he said. Rep. Philip Krinkie (R-Shoreview) one of the budget reconciliation plan. said he was pleased the Senate dropped “We all know that by exempting Offers debated several taxes from the original proposal. certain agencies, the reductions agreed to Members of the conference committee However, he said he thought the offer in phase one will fall disproportionately on H.F. 3270, the omnibus budget would include much less spending. The on other agencies,” he said. reconciliation bill, met Fri., Apr. 12, to offer, he said, actually contains more Krinkie also said state spending had consider two offers–one from each body. spending than the original proposal. increased tremendously over the last four While neither offer was accepted, members “I’m a little shocked that the Senate years. During the last session, he said, there of the committee said the proposals comes in and wants to spend more money,” was a 15 percent increase in spending. He represented steps forward from each side. he said. asked if the proposed anti-terrorism bill The House presented its offer, a Sen. Linda Berglin (DFL-Mpls.) will include tax increases on telephone response to an offer from the Senate made discussed the Senate proposal for job bills–an issue being discussed in a different the previous day. The House proposal for reductions in state operated services. The conference committee. He also asked if the the current biennium shifts $347 million Senate, she said, does not want to apply Senate would be willing to use any of the from the Tobacco Prevention Endowment, the hiring freeze in that area. She said the tobacco endowment money instead. cuts over $82 million from state spending Senate proposes a reduction, but not “I find it very difficult to believe that and appropriates $22 million for anti- nearly as much as the House proposes. She we say we need to raise taxes when we left terrorism efforts. The proposal also asked how the reductions proposed by the here last June increasing spending by 15 includes $3.14 million in debt service House could be accomplished without percent,” he said. “If we could just reduce costs during FY 02-03 and accepts a closing regional treatment centers. the amount of the increase that we gave Department of Human Services program Responding, Goodno said exempting last June we would be there.” shift of almost $37 million proposed by agencies from reductions will place a Johnson said he would rather avoid the Senate. disproportionate impact on other agencies. using the tobacco endowment, but added Rep. Philip Krinkie (R-Shoreview) He asked which department should that everything in the budget should be said the conferees have heard a lot of receive more cuts to make up for the fewer looked at. He also said the Senate rejects discussion about the impacts to state state operated service reductions. many of the cuts the House makes in their agencies and departments from a hiring “We have to look at the whole picture proposal, especially to programs in the freeze and contract moratorium imposed when we talk about shifting these things,” human services area. Berglin said Legisla- by the first phase of budget reconciliation. he said. tors didn’t understand the cumulative The previous House position had been to Berglin said that area of government is affects of many of the reductions made in seek further savings from an expansion of sent people by the court system. The state phase one of the budget plan. Now that the freeze and moratorium. However, is obliged to take care of them, she said. the effects are known, she said, it is time to Krinkie said, the new House proposal Krinkie said representatives from the change them. receded from the expansion and instead Departments of Revenue and Corrections “I just think we need to be a little allows agencies to achieve savings already and state operated services have all careful in this area,” she said. required by the phase one bill by accessing testified regarding how reductions will Sen. Dick Day (R-Owatonna) asked special funds available to the agencies. negatively affect them. He asked if every why the tobacco endowment isn’t used to Sen. Douglas Johnson (DFL-Tower) said department will have similar testimony. reduce the shortfall and a tobacco tax allowing agencies to make what would Regarding the state operated services implemented for three or four years to normally be general fund expenditures exemption, Johnson said the state is build the endowment back up. This, he from special funds is opening a dangerous required to take care of individuals said, takes care of both issues. door in state spending. Krinkie said that if
15 Committee update conferees have concerns about misuse of tax cuts or additional spending not Woodbury) said the Mounds View district, money in certain special funds, then those enacted. Wheelock said the level of and many others, have reduced bus service funds to be excluded from the language budget reserves, besides affecting the credit for students as well. “The least we can do is should be listed. rating, also represents how prepared the provide children with a safe way to get to Johnson said the Senate’s position is state is for an economic downturn. The school,” he said. that the moratorium should be repealed. more unstable the state’s finances, she said, After a recess, members of the confer- The departments, if they choose to renew the greater the impact of a downturn on ence committee returned to consider a contracts, will have to reduce their budgets units of government. Senate offer. The offer consisted of four by an equal amount to achieve savings, he Senate Director of Fiscal Policy and amendments to the Senate’s previous offer. said. Analysis Mark Misukanis said the state The new offer delays the June sales tax Addressing tax provisions in the also constructed a credit enhancement acceleration buyback until FY 06 and puts proposal, Rep. Ron Abrams (R- program for local school districts a few the savings, about $137 million, in the Minnetonka) said that if the state does years ago. The program allows local budget reserve. The proposal also transfers nothing in response to federal tax law districts to borrow money using the state’s excess dollars from the consolidated changes, 16 additional lines will be credit rating, he said. So far as the state chemical dependency treatment fund to required on Minnesota tax forms. To save rating drops, the increased cost of borrow- the general fund to cover a hiring freeze costs, he said, the proposal states that the ing is also passed on to local districts, exemption for the Department of Correc- tions. Money is also transferred from the state will not conform with the most Misukanis said. Wheelock said the workers compensation special fund, in the expensive of the federal changes. He said program will then be less attractive to proposal, to provide an additional $50.8 the proposal also includes language to districts, because the costs of borrowing million for the budget reserve and $1.2 repeal the so-called “bread tax.” will have come closer together. million for the hiring freeze exemption for Sen. Linda Berglin (DFL-Mpls.) said Krinkie said one approach is to have a the Dept. of Corrections. The proposal also the House proposal is deceptive because it smaller bonding bill this year, thereby reduces spending, previously proposed by uses a one-time funding source, the corpus reducing the amount needed for debt the Senate, for a contract exemption for of the tobacco endowment, to fund service payments. However, Wheelock the Higher Education Services Office by ongoing expenditures such as anti- said the difference between the bonding $3 million through FY 05. Under the offer, terrorism efforts. Rep. Kevin Goodno proposals is too small. The debt service the budget reserve will stand at almost (DFL-Mpls.) said the anti-terrorism costs on either bill, she said, will pale in $600 million by June 30, 2005. program requires a heavy infusion of state comparison to the other budget problems. money as one-time startup costs, while “I think, frankly, the problems are much Two offers made expected federal dollars will pay for its bigger than that,” she said. Republicans from both the House and ongoing costs. “We’re not saying we’ll fund Before taking a brief midday recess, the Senate made offers to end the impasse it for one year and then forget about it,” he conferees also discussed health and human over ways to eliminate the $439 million said. Goodno also said that the House services provisions in the House proposal shortfall in the state’s 2002-03 budget. The proposal includes funding an 800- and an issue raised by Johnson that he committee, chaired by Sen. Douglas megahertz radio system for public safety called “hidden taxes.” Johnson pointed to Johnson (DFL-Tower) and Rep. Kevin officials in the bonding bill. articles in Metropolitan Area newspapers Goodno (R-Moorhead), met Tues., Apr. Johnson said the House proposal does highlighting fee increases for athletics and 16. not replenish budget reserves as much as extracurricular activities in the Mounds Representing the Senate’s Republican the Senate. Both plans provide for $155 View School District, which is facing a caucus, Sen. Dick Day (R-Owatonna) million in the state’s cash flow account, budget shortfall. “It seems to me that these presented what he called an easy to but the House proposal leaves about $2 fees are taxes,” Johnson said. Legislators understand plan to eliminate the budget million in the budget reserve while the may be voting against general fund tax shortfall. The measure saves $449.4 Senate replenishes the reserve account to a increases or a gas tax increase, he said, but million by delaying payments of $312.5 level of $410 million, Johnson said. “I they are forcing hidden taxes and fees to million to school districts, permanently suppose most Minnesota taxpayers don’t be raised at other levels to maintain transferring $100 million from the tobacco lose a lot of sleep about Minnesota’s credit services. “We’re going from quality schools endowment fund to the general fund and rating, but the level of budget reserves to less-than-quality schools,” Johnson said. shifting $36.9 million of human services could impact that credit rating,” he said. The truth is, he said, if there is no tax funds. The proposal also keeps the $908 Johnson asked Finance Commissioner increase this year, there will either be a million bonding bill that was included in Pamela Wheelock why Minnesotans and larger tax increase next year or more severe the Senate’s first compromise offer at a Legislators should pay attention to the cuts to education and the most vulnerable previous meeting. The school payment state’s credit rating. individuals in the state. and human services pieces are part of the The credit rating directly impacts the Krinkie said voters in the Mounds Senate’s original proposal. The tobacco cost of state borrowing, Wheelock said, View district voted down an excess levy endowment piece is similar to the original which means the credit rating can deter- referendum last year. “We all make House proposal which called for a transfer mine the cumulative cost over time of choices,” he said. Students and their of $325 million from the endowment. debt issuance. If debt costs more to issue, families will have to choose how impor- The proposal diverges from the she said, then a lower credit rating has tant activities are compared to the fees for original Senate plan by leaving the $155 represented an opportunity cost in either participation. Sen. Leonard Price (DFL- million cash flow account in place, not
16 “Everyone in the Senate Republican caucus is on board with this proposal; it solves our problem and it does so in a way that is fair to everyone,” Day said. “I think that it is workable and I think that it is something that everyone should agree to.” Johnson said the proposal included “some good suggestions” and was a good attempt to find the middle ground. Nevertheless, he said he was concerned about permanently reducing the tobacco endowment, not planning for any debt service for bonding in fiscal year 2004-05 and not restoring the budget reserve. The majority of the Senate DFL caucus, he said, thinks there should be some amount of budget reserve, especially in the current economic climate. “There’s still a lot of uncertainty,” he said. However, Johnson said Day’s plan to not convert the $245 million of transpor- tation to bonds may be workable. He said he may be amenable to the plan if a permanent revenue stream for transporta- tion can be found “That would be my only reservation,” he said. Day said a high majority of the Republican caucus would possibly support a gas tax. A gas tax, he said, is used for good transportation purposes. Most, however, oppose a tobacco tax increase that is used to balance the budget. Rep. Thomas Pugh (DFL-St. Paul) said the House DFL caucus had similar concerns to Johnson’s regarding the permanent tobacco endowment reduction. He said there is some support for a gas tax increase, and there would be more if items such as the North Star Corridor are involved. Pugh also asked about the budget reserves. He asked what Day’s plan does to the “rainy day fund.” Day said his plan leaves the reserves at zero. However, he said the state has a large amount of reserve available for use in the form of the tobacco endowments. “We have $1.3 billion that we could actually write out a check for today–as of today it’s sitting there,” he said. “When From left, Senators Keith Langseth (DFL-Glyndon), Charles Berg (R-Chokio), Jim somebody says we don’t have any reserves Vickerman (DFL-Tracy) and Dan Stevens (R-Mora) gather in the back of the that’s totally not accurate.” Senate Chamber during a recent floor session. Photo by David J. Oakes Goodno also offered a new proposal from the House. The new offer, the second converting $245 million for transportation $600,000 to spare. The plan deals only from the House after their original plan, improvements from cash to bonds and with the FY 2002-03 biennium and does accepts part of the original Senate pro- leaving the $52 million workers compen- not affect FY 2004-05. Unlike the original posal to delay 13 percent of payments to sation special fund intact. The plan also Senate proposal, the plan does not build schools. The Senate proposes to delay 15 restores the shortfall with approximately up a new budget reserve. percent of the payments. The House offer
17 Committee update also includes an original Senate provision during the previous year. In a time of just There is no way, he said, that 90 represen- to apply up to $13.9 million for cash flow over 2 percent inflation, the Minneapolis tatives will vote for such a proposal. problems–as the result of the delay–to levy, he said, increased 6.7 percent and the “That is one issue that just won’t fly in schools. The new House proposal saves Richfield levy increased 10 percent. There the House,” he said. approximately $187 million this way. should be no complaining about tax Sen. Linda Berglin (DFL-Mpls.) said The offer retains the elements of the increases, he said, when local governments the federal government allows up to 20 first House compromise offer, such as decide to increase spending. Pogemiller percent of the caseload to be exempt from restoring $1.8 million for local said the fact that cities increased their the assistance time limit. Currently, she collaboratives on children’s mental health, levies doesn’t matter. No matter the said the state is nowhere near the limit. raising in-patient limits from $10,000 to amount of the local levy, he said, what Berglin also said Legislators were not aware $30,000 for MinnesotaCare patients whose matters is that the wealthy received tax last year of the number of people who income is above 100 percent of poverty decreases and the poor received tax would be affected by what happened this and restoring $2 million in cuts to state increases. year in September. Goodno said the operated services. The offer still provides “That’s the bottom line,” he said. assistance extension is being proposed after no extension to the limit of Minnesota Regarding the Senate plan to restore people have been receiving MFIP assis- Family Investment Program (MFIP) the budget reserves, Goodno asked what is tance for 5 years. No action was taken on assistance and no 9-1-1 fee increases. the purpose of the reserves if they can’t be either offer. Johnson noted the offer had no plan used. Why have it, he asked, if the Senate to fund the telecommunications account. insists on replenishing it. Johnson said MFIP limit moratorium debated The account finances telecommunications having the reserve during a time of budget Members on the Senate side of the services in schools and libraries and is shortfall made it easier to deal with the Budget Reconciliation Conference funded through an access fee in the Senate shortfall. Noting the House plan to use the Committee, chaired by Sen. Douglas proposal. tobacco endowment to help eliminate the Johnson (DFL-Tower) and Rep. Kevin “I would think that a number of rural shortfall, Pogemiller said that 76 percent Goodno (R-Moorhead), introduced a new members would not want to see that of the tobacco money is already in the proposal in an attempt to end the dead- program abandoned,” he said. general fund. The state, he said, already lock over the handling of the budget Goodno said he does not favor a new uses the money for areas other than shortfall at their meeting Wed., Apr. 17. tax. However, he said he was willing to reducing the use of tobacco. Rep. Alice The new offer, presented by Johnson, discuss methods to fund the program Seagren (R-Bloomington) said Minnesota retains much of the previous Senate offer. without a tax. He said any solution that didn’t even have a budget reserve until the The measure puts in place a tobacco tax includes a new tax would more than likely early 1990s. At that point, she said, the only until the budget reserve reaches $500 not gain enough support in the House to reserve was built slowly, and not all at million and the education reserve account override a possible gubernatorial veto. once. She said it should be rebuilt now in reaches $153 million. The tax, to be “We will not get 90 votes if it the same manner. It is just as important for established Jan. 1, 2003, is estimated to be includes tax increases,” he said. “That’s the bond rating purposes, she said, to be able needed only through August 2004. reality I’m looking at on the House side.” to show that the state is building a new Johnson said it could blink off sooner if Johnson also discussed a property tax reserve, as it is to rebuild it all at once. the economy performs better than ex- measure passed during the previous session. Johnson said the House proposal still pected. The new proposal also establishes The measure, he said, was billed as a boon contains unacceptable cuts for programs a moratorium on the limit for the Minne- for taxpayers. However, he said many affecting the most vulnerable Minneso- sota Family Investment Program (MFIP) Minnesotans actually paid higher property tans. There is no way, he said, that 45 assistance for 18 months instead of the taxes as a result of the legislation. He said Senators–the number needed to override a original Senate proposal establishing the 43.5 percent of St. Louis County residents governor’s veto–will vote for the “mean moratorium until July 2004. The offer uses are paying higher property taxes in 2002 and cruel” cuts in the House plan. the Senate language on state employee and 2003. Many people, he said, were Rep. Philip Krinkie (R-Shoreview) contracts and includes $934,000 more in “stiffed” by the measure. said the proposed 9 percent pay increase health, human services and corrections Sen. Lawrence Pogemiller (DFL- for thousands of state employees should be spending. Mpls.) displayed maps of Hennepin discussed if there is such great concern “We wanted to at least offer the County and the city of Minneapolis that over certain reductions in the House concept–that we did use in the past–of showed areas of property tax increase and proposal. Goodno said the House plan blinking on a tax and blinking off a tax decrease as a result of the legislation. The does not cut programs such as those based on reaching certain targets,” Johnson maps, he said, show the more affluent areas affecting children or individuals with said. of both Hennepin County and Minneapo- disabilities. The most vulnerable people in Johnson said one of the key differ- lis received property tax decreases, while the state, he said, are taken care of, and ences between the Senate and the House low income areas received tax increases. will continue to be taken care of. continues to be funding for higher “This is why there was concern over “I really think we have taken care of education. The Senate provides additional the bill,” he said. most vulnerable people,” he said. appropriations for higher education in Responding, Rep. Ron Abrams (R- Goodno also responded to the Senate their plan, while the House provides none Minnetonka) said cities such as Minne- proposal to establish a moratorium on the beyond the original appropriations. Both apolis and Richfield increased their levies time limit to receive MFIP assistance. bodies, Johnson said, agreed to cut higher
18 education funding in phase one of the streamlined. He also said House members million of transportation money to bonds budget reconciliation process. Later, heard testimony saying that certain is contingent on what happens in the though, he said new information drove the assistance programs are beneficial in transportation conference committee, the Senate to provide additional funding to helping people get a lift while they need House holds that position too. make up for some of the reduction. He said help. That is why he said, the House has a “They’re all doing work that directly the budget should not be balanced on the provision allowing GA for only 6 out of impact our budget,’ he said. backs of students. every 24 months. The House, he said, is Goodno also said the committee was “We haven’t seen any proposal from trying to make sure that permanent not making progress. He said he doesn’t the House to this point on higher educa- assistance is provided to those who need it. want to shut down the lines of communi- tion or K-12,” he said. Goodno also said that the House cation, but the decisions will be easier to Goodno, however, said there are other remains opposed to tax increases. He said make once the committee knows what the major obstacles preventing the sides from the Senate proposals so far didn’t seem to size of the budget “pie.” It may be better, striking a deal. One of those obstacles, he be taking enough steps toward compromise he said, to wait and see what happens in said, is the moratorium on the limit for with the House. A temporary tax, he said, the other conference committees. MFIP assistance. The moratorium, he said, does not represent major movement. He “I’m just curious as to how much we is a huge change in Minnesota’s welfare said the House has moved between $200 can accomplish,” he said. “Maybe it’s just program. million and $250 million closer–by his better if we cool it for a while.” No action “It’s undoing what we did in 1997 calculations–while the Senate compromise was taken on the Senate proposal. [with welfare reform],” he said. included over $900,000 more in new Sen. Linda Berglin (DFL-Mpls.) said spending. He also said the House has Omnibus jobs bill the moratorium is meant to help those who compromised the K-12 delay in school have been ravaged by the economic slide. payments and has reduced the number of Bills contrasted It is simply, she said, a short term adjust- cuts in their proposal too. Rather than During the first meeting of the ment in an effort to respond to the compromise, he said, the Senate keeps Conference Committee on S.F. 3431, the recession. moving away from the House’s position. omnibus jobs bill, Tues., Apr. 16, members “It’s not a major change; it’s simply a “I don’t see that as a substantial read through and compared the House and small adjustment in taking care of some move,” he said. “[The Senate offer] didn’t Senate versions of the bill. people who may have been working 59 make much movement from our perspec- One of the major differences the out of 60 months,” she said. “We need to tive.” group examined is the eligibility of certain have some compassion in our hearts for Johnson said he disagreed with workers for extended unemployment those people.” Goodno’s assessment of the new Senate benefits. The Senate version provides an Goodno said people who stand to lose proposal. It is major movement, he said, to additional 26 weeks of benefits minus the their MFIP assistance have been receiving blink the tax on and off again. Johnson federal benefits to which a worker is it for 5 years. He said those who lose their said that the Senate has reduced $360 entitled, for workers in airline and related MFIP assistance can still receive other million in revenue and $90 million in industries and former employees of types of assistance, such as food stamps, spending–mostly in the 2004-05 bien- Fingerhut, Farmland Foods, Potlatch, MinnesotaCare, basic sliding fee child nium–from its original proposal. Johnson Harsco and SPX-DeZurich. Temporary care, emergency assistance and earned also said the Senate wants to make sure extended benefits are also given to workers income tax credits. He said there are there is a safety net for the most vulnerable who do not qualify for benefits under the already 17 exemptions to the 5-year limit people in society. By opposing any tax federal extended unemployment act or do for MFIP assistance. These exemptions increase, Sen. Leonard Price (DFL- not receive the maximum amount of include extensions worked out in the 2001 Woodbury) said the House is in a state of benefits under the federal program due to legislative session for the hard-to-employ denial. its expiration. and those who are ill or incapacitated. “You aren’t facing up to the reality of The House bill, on the other hand, “We’re not interested in revisiting this the issue,” he said. “I am just so frustrated grants 13 weeks of extended unemploy- issue again,” he said. “We already have a that you sit here and unequivocally say ment benefits minus the federal extension compromise on the books.” you aren’t going to do this.” to airline workers and 26 weeks of Responding, Berglin said the Senate Goodno said it is difficult to make benefits, minus the additional federal position on the matter has moved toward decisions regarding the budget while the payments, to Farmland Foods workers. the House by establishing an 18-month other conference committees are still Other workers are covered by a general moratorium. She also said that when the working. He said the results of the commit- provision for employees whose employer compromises in 2001 were made, Legisla- tees dealing with the gas tax and transpor- lays off over 500 workers in counties with tors didn’t know people would be losing tation, funding for the anti-terrorism bill higher-than-average unemployment rates. their jobs and their hours. The Legislature and the bonding bill, have a great impact Rep. Dan McElroy (R-Burnsville), must revisit the issue, she said, in order to on the decisions of the budget committee. committee co-chair, said the House take changes to the economy into account. Over $250 million between the House and weighed both the needs of workers and the Johnson asked why the House makes Senate, he said, is contingent on what need to keep businesses taxes, which pay changes to general assistance (GA) and happens in other committees. Goodno also for unemployment benefits, at levels certain health care programs. Goodno said said since the Senate has stated that its competitive with other states. He said in the programs should be viable and position on not converting the $245 the past 75 years, no unemployment
19 Committee update benefit extensions have been given to The Senate bill also increases certain The House bill requires political workers in areas with average or less-than- businesses taxes, which the House does subdivisions of the state to consult with average unemployment. not. Under the Senate version, the the Dept. of Trade and Economic Devel- Sen. Ellen Anderson (DFL-St. Paul), assessment on employers for the workforce opment (DTED) before making capital committee co-chair, said Minnesota development fund increases 0.3 percent requests and obtain information about should not try to lower its standards just to and the wage base on which the assessment existing buildings that could serve the remain competitive. “We cannot enter is made is changed from 60 to 70 percent same function as the proposed new into a bidding war with other states and of the state’s average annual wage. The construction. A similar bill, authored by other countries,” she said. Senate also raises the unemployment Sen. Arlene Lesewski (R-Marshall), was “We can’t allow child labor in insurance base tax rate to 0.38 for 2003. heard by the Senate but did not make it factories just because China does.” She Both bodies’ bills require the Unem- into the omnibus bill. also said that employees who are laid off ployment Insurance Advisory Council to The House and Senate agreed to by small businesses and in the Metro Area, prepare reports on the long-term solvency exclude House provisions relating to the who are eligible for extra benefits under of the unemployment insurance program. duties of the commissioner of DTED. The the House plan, are equally deserving of The Senate bill also mandates a study House measure specifies that the commis- assistance. “Workers in these places say, of ergonomics standards and the develop- sioner of the Dept. of Trade and Economic ‘I’m just as laid off as anybody else,’” she ment of ergonomic guidelines by the Dept. Development may delegate his or her said. of Labor and Industry. responsibility to attend meetings of the
Six-year-old Tenzin Leyizam awaits the start of a bike ride from in front of the Capitol Wed., Apr. 17 as part of an appeal by Tibetan Americans for the release of Tibetan religious leader the Panchen Lama, who has been held in custody by the Chinese government for the past seven years. Photo by Shelley Hawes
20 Environmental Quality Board. The bill Rep. Bob Gunther (R-Fairmont) said ment benefits last year, would have been also removes DTED from the Housing employers do not need the state to tell made eligible under the Senate language. Finance Agency. McElroy said the them to make workplaces safe because The Senate measure also prohibits provisions are no longer needed because they are already under pressure from employers from charging prospective they were a response to a failed Senate insurance companies to create healthful employees for criminal background checks proposal to consolidate various depart- work environments. and necessary training. Hargarten said the ments dealing with workforce develop- Beth Hargarten from the Dept. of bill is recommended by the Department to ment, including DTED, into a single Labor and Industry said the standards will prevent employers from charging several organization. likely lower the administrative costs, by applicants for background checks and setting regular guidelines for all work- making a profit from the scheme. She said Ergonomics debated places. She said currently the department currently the department gets about one The members of the Conference must determine standards for each indi- complaint per month from people who Committee on S.F. 3431, the omnibus jobs vidual employer on a case-by-case basis. feel they have been unfairly charged for bill, came together Wed., Apr. 17, to Several individuals from the airline background checks. discuss dissimilarities between the House industry came to speak in favor of ex- Jack Horner, from the Minnesota and Senate provisions on ergonomics, tended unemployment benefits for laid-off Multi-Housing Association, said the unemployment for airline workers, benefit airline workers. provision is an unfunded mandate on calculations and background check fees. “The events of Sept. 11 have had a landlords, who are required by law to run The Senate measure contains provi- massive impact on the airline industry as a checks on employees. He said landlords sions that require the Dept. of Labor and whole. People can’t just move to another will likely pass the cost onto renters, Industry (DOLI) to create ergonomics town and get another airline job,” said increasing the price of housing. standards for workplaces. Sen. Julie Sabo Sen. David Johnson (DFL-Bloomington), Sen. Linda Higgins (DFL-Mpls.), (DFL-Mpls.), the author of the ergonomics the author of the original Senate extended author of the original background check bill that was amended into the Senate unemployment for airline workers mea- bill, which was amended into the Senate omnibus jobs bill, said, “Ergonomics are sure. omnibus bill, said the bill protects workers good for workers, so they’re good for Jim Atkinson, from the Airline and will have a minimal effect on housing business.” She said the standards devel- Mechanics Fraternal Association, said 400 prices. oped by DOLI do not carry penalties. She mechanics have been laid off. He said said businesses can already by cited for many mechanic jobs require different Stadium violations of workplace safety and the kinds of licensing and re-training. Laid-off clarification of workplace standards will airline mechanics cannot get jobs at Stadium players testify lessen the ambiguity for employers trying McDonald’s to help them through until to make their businesses safe for workers. The second meeting of the Stadium they get retrained, he said, because they Sen. Ellen Anderson (DFL-St. Paul), Conference Committee, chaired by Sen. committee co-chair, said DOLI had already will lose their unemployment benefits and Dean Johnson (DFL-Willmar) and Rep. put together a working group to come up the training provided through the dislo- Harry Mares (R-White Bear Lake), with ergonomics standards by 2004. The cated workers program. convened Fri., Apr. 5, to hear testimony Senate bill mandates the standards to be Rep. Dan McElroy (R-Burnsville) from several interested parties. written a year sooner. said, “If we grant extension of unemploy- Hennepin County Commissioner Lucena Slaten, a health safety ment benefits to workers in the Metro Mike Opat said the county wishes to representative from the International Area, it will be the first time we have done partner with the city of Minneapolis to Association of Machinists, said repetitive it in 75 years. We will be the only state in keep the Twins in the area. “The Twins stress disorders, such as carpel tunnel the Union doing it.” The House provision have been in Hennepin County for the syndrome, account for over 40 percent of limits extended unemployment benefits to past 40 years, and it should stay that way,” workers compensation claims in Minne- workers in areas with higher-than-average Opat said. “One-third of the jobs in the sota. She said businesses that make safe unemployment. Airline workers, under the state are in Hennepin County, and two- working environments benefit from fewer House measure, receive an additional 13 thirds of Metro Area residents live west of claims and lower insurance rates. weeks of extended unemployment, minus the Mississippi. It is good public policy for Rep. Gregory Davids (R-Preston) the extended federal benefits, which can the county to be in this stadium debate. asked how much the standards will cost be up to 13 weeks. This is a clutch situation, and Hennepin businesses. Sabo said the standards will The Senate version also changes the County is a clutch player.” likely lower costs for businesses by formula for worker’s eligibility for unem- Opat said the bill needs to be modi- increasing worker efficiency, reducing ployment benefits to take into account fied to allow the county to serve as a host injuries and lowering workers compensa- some persons who currently do not work community and allow for a county-wide tion claims. She said the bill specifically enough to qualify. Brad Lehto, from the referendum on local taxes, but that states that businesses take precautions AFL-CIO, said the changes will help low overall, the governor’s proposal is fair. when it is economically feasible to do so. wage workers and welfare-to-work Opat stressed that the Twins ownership The measure, she said, gives employers participants. must pay a responsible portion of the guidelines without telling them exactly Lee Nelson from the Dept. of Human stadium construction costs, but he also said how to achieve them, giving businesses Security said 1.5 percent of applicants, or that the bill needs flexibility to allow flexibility. 2,098 people, who were denied unemploy- negotiation between the owners and the
21 Committee update host community about what that contribu- Brooklyn Park site is ideal because Dean Yanisch from Dain Rauscher tion will be. necessary infrastructure is already in place, presented the financial particulars of the Minneapolis Mayor R.T. Rybak said the open land is conducive for tailgating, shared Vikings/University of Minnesota the city’s bid to host the stadium is unique and the site is part of a comprehensive Gophers $500 million stadium proposal. because of the strong partnership between development plan. Boganey said the Yanisch said the proposal uses an arbitrage the largest city and county in the state. stadium site will include retail, a hotel and system similar to the baseball proposal, Because the House bill currently excludes restaurants. Boganey estimated the city where the Vikings/NFL deposit $151.5 Hennepin County from participation as a could raise $16 million annually for debt million in an investment account that will host community, Rybak said the proposal service via a combination of parking gain interest and partially pay the debt limits options that could be available. revenue, seat licensing, admissions tax, 5 service on a combination of $151.5 Rybak mentioned the proposed site in the percent local tax on hotels, liquor, million in taxable bonds and $251 million heart of the city’s entertainment district, restaurants and car rentals. of tax-exempt bonds. The remaining the unique revenues available at the “We want the Twins in St. Paul,” said portion of the debt service will be paid by location, and the extensive planning the Mayor Randy Kelly, “But first and fore- user fees and local taxes, Yanisch said. city has done as strengths of the Minneapo- most, we want the Twins in Minnesota.” Twins President Jerry Bell said that the lis bid. “No other community has done as Kelly said there were several items only way the proposed $165 million in up- much work as we have,” Rybak said. that were essential to a successful package front costs can be met is if the team However, Rybak said he would not included flexibility in the gift to the state, partners with the host community. Bell get into a bidding war to get the stadium. team responsibility for cost overruns, and said documents that outline the team’s “As public officials, we need to hang the option to eliminate the local tax if the proposed commitment level are forthcom- together because there is a limit on how tax amount exceeds the need of debt ing. When asked if he could get a letter much should be spent on this project.” service. from Major League Baseball (MLB) And Rybak said that if the Legislature “The key word is flexibility,” Kelly Commissioner Bud Selig that stated the prevented the participation of Hennepin said. “We need to be able to work with the Twins would not be contracted if a County, Minneapolis would not pursue current and new owners of the Twins.” stadium deal is reached, Bell said it was a the stadium. When asked about the recent failed St. “reasonable request.” To pay the host community share of Paul .5 percent sales tax referendum to Rep. Bob Milbert (DFL-South St. the debt service, Opat said the city-county fund an earlier stadium proposal, Kelly Paul) said that Legislators are looking for partnership would focus on user fees to said, “Attitudes have changed.” some kind of evidence from the team that generate revenues. Opat mentioned a Metropolitan Sports Facilities the stadium deal can be structured rental car surcharge, a one percent local Commission representative Kathryn differently from the House language and lodging tax, and as a last resort, a one Roberts said while the commission still be able to sell marketable bonds to percent food and beverage tax in the supports a new baseball park, they were finance the project. “The issue is security,” downtown area. Rybak added dedicated “distressed” about the provision that he said. Kelley added that Legislators need revenues from parking ramps surrounding requires a $15 million withdrawal from the to have some sense that the team’s contri- the proposed site can also be used. commission’s reserve funds. Robert said the bution with respect to taxpayers is fair. When Mares asked if there was any commission has no way of replenishing the Kelley said there can’t be too much difficulty getting the city council to funds, which are used for repairs and reliance on local government. support a resolution in favor of the maintenance. The commission needs the Regarding a provision in the House stadium proposal, Rybak said that any funds for several reason, said Roberts, bill that requires baseball reform, Mares confusion was caused by the variety of including the safety of fans and athletes, asked Bell about the chances of legitimate proposals that have been put forth, and security, general operations, and other reform in MLB. Bell said the owners are that the council has released a detailed events. “If the reserves are used in this committed to economic reform, but due to letter in support of the current plan. manner, the commission will probably be collective bargaining, reform can’t be Sen. Steve Kelley (DFL-Hopkins) said precluded from bidding on events like achieved unilaterally without the players. he was concerned about the risks involved basketball’s Final Four in the future,” “An amendment like that would make all with the House and governor’s proposal. “I Roberts said. She also expressed concern efforts useless,” Bell said. want an indication that this is a robust deal that a low reserve balance would threaten Rep. Ron Abrams (R-Minnetonka) instead of one that hangs on string, based use agreements because teams could said a critical issue is protection for the on assumptions that may turn out not to be consider the commission in default and public by assuring that a baseball team will true,” Kelley said. break their leases. remain in the area for the next 30 years. Sam Grabarski from the Minneapolis Mike Kelly of the Minnesota Vikings “I’m putting it on record that without some Downtown Council said his board said the team strongly supports a new guarantees, the deal isn’t going to get unanimously supports the city’s stadium baseball park, but added the Vikings need done,” Abrams said. “It’s the cost of doing bid and small localized taxes on hotels and assistance as well. Kelly said quick action business in Minnesota. We don’t wish to food and beverages in the central district. is needed if the Vikings will be able to be in a state of perpetual renegotiation.” Mayor Grace Arbogast and City benefit from the NFL sponsored “G3" loan Department of Finance Analyst Peter Manager Curt Boganey testified on behalf program, in which teams can get $50 Sausen described several funding alterna- of a proposed stadium on a 200-acre site in million toward a new stadium. The tives that altered the bond interest rates, Brooklyn Park. Boganey said that the programs end next March, Kelly said. initial team contribution to gift fund
22 balance, and annual contributions to make one-third for Metro-Area bottlenecks, and rail corridors, she said. According to debt service payments. Sausen described one-third for safety and capacity improve- Vennewitz, two additional provisions, a two scenarios in which the Twins contrib- ments. In FY 2004 and beyond, he said, requirement for the Metropolitan Airports uted $50 million to the gift fund. In one 47.5 percent of the funds will be distrib- Commission to submit its proposed budget example, the annual supplemental debt uted to at-risk interregional corridors, 47.5 for legislative review and a local sales tax service contribution is $23 million, percent to metro-area bottlenecks, and 5 in Rochester to be used for capital compared to $10 million in the House percent for transit advantages. Williams expenditures, including transportation bill. The other example indexed the said that like a similar provision in the infrastructure improvements, had no supplemental contribution, said Sausen, Senate bill, the House allows an exemp- comparable provision in the House bill. which rises from $18 million to $36 tion from the moratorium on consultant Several provisions were found in both million over the 30 year life of the bonds. contracts paid from the trunk highway bills, said Vennewitz. Both bills had Sausen pointed out that if the Twins fund. identical language regarding farm truck contribute $50 million to the gift fund and Senate Legislative Analyst Amy definitions, weight regulations for vehicles are not responsible for the supplemental Vennewitz described the more extensive transporting forest products, limitations on payments, they will only contribute 5 Senate package, which provides $5 billion spot inspections of commercial vehicles by percent of the total construction and debt in funding for road and transit projects the State Patrol, and weight scale and service costs of the stadium. over the next 10 years. The Senate overweight fine regulations. Department of Finance Commissioner package creates a multimodal fund, Kuisle suggested that many of the Pam Wheelock said the governor doesn’t Vennewitz said, which consists of 10.8 identical, non-controversial provisions believe it is the state’s role to protect percent of the revenues from the motor found in both bills should be transferred to private owners from risks found in indus- vehicle sales tax. Forty percent of the the transportation policy bill to expedite try. She said the governor has indicated multimodal funds will be credited to the the process. that half of the construction costs for the Department of Transportation (MnDOT) After a brief discussion, the committee stadium should come from the team; any multimodal account, she said, and 60 agreed to meet again to hear testimony less creates more risk that payments will percent to a Metropolitan Council transit from transportation officials. not be made. Wheelock said these risks account. According to the bill, 20 percent associated with a lower down payment can of the money in the MnDOT account will CSAH compromise discussed be addressed, as long as the state is not be used for transit assistance in Greater A compromise that shifts several forced to bear the burden. The governor Minnesota, and 25 percent for cities with does not support the use of the Metropoli- million dollars from roads in Greater population under 5,000. Minnesota to urban areas was the sole tan Sports Facilities Commission reserve Vennewitz said the Senate bill calls topic of discussion at the Thurs., Apr. 10, funds as seed money for the new stadium, for an equal distribution of $1 billion in meeting of the Transportation Budget she said, nor does he believe the state has a trunk highway bonds over 10 years, and Conference Committee, chaired by Sen. role in the site selection process. The directs the bond proceeds equally between Dean Johnson (DFL-Willmar) and Rep. purpose of the governor’s plan, Wheelock the seven-county Metropolitan Area and said, was to allow the discussion about William Kuisle (R-Rochester). Greater Minnesota for bottlenecks and at- Because the revenue from 4 cents of stadium funding to continue without risk interregional corridors. According to the proposed gas tax increase in the Senate putting the burden on state taxpayers. the bill, the gas tax increases by 6 cents version of the transportation bill goes to and will be indexed based upon the the county and state-aid highway fund Transportation funding consumer price index. The additional (CSAH), finding a balance in the distribu- funds generated by the gas tax increase are tion formula between urban and rural Bills introduced distributed based on a new County State roads has been a contentious issue, Johnson Chairs Sen. Dean Johnson (DFL- Aid to Highways (CSAH) formula that said. “You tend to see the formula depend- Willmar) and Rep. William Kuisle (R- allocates 10 percent of the money equally ing on where you live,” said Johnson, Rochester) convened the Transportation across the state, 10 percent based on lane- referring to the tendency of lawmakers to Budget Conference Committee Thurs., miles, 30 percent by population, and 50 favor the formula that benefits their home Apr. 4, for a side-by-side comparison of the percent based on need, she said. The bill constituency. Johnson said that sometimes House and Senate proposals. also creates a 2002 referendum for the 11- compromise is needed for the greater good House Legislative Analyst John country Metro Area regarding a half-cent of the state and emphasized that every Williams presented the House proposal on sales tax to be used exclusively for county in the state will receive new road S.F. 3364, which primarily authorizes $750 transportation purposes, Vennewitz said. dollars under the compromise plan. million in trunk highway bonds over 5 The Senate bill contains other Senate Fiscal Analyst Amy Vennewitz years. According to the bill, the amount of provisions not found in the House version, outlined the differences between the funds that can be encumbered each year is Vennewitz said. The Senate proposal current, proposed and compromise limited to $150 million in FY 2003 and includes requirements for agricultural- versions of the CSAH formula. Vennewitz 2005, $50 million in FY 2004, and $200 based de-icing materials on roads and $10 said the formula changes only pertain to million in FY 2006 and 2007. Williams million in funding for several transit the new gas tax revenues and that the said the funds will be appropriated projects including the St. Paul Busway, the current formula remains in place for according to a formula in FY 2003 of one- purchase of the Union Depot, and prelimi- existing gas tax revenues. The current third for at-risk interregional corridors, nary work on the Rush Line and Red Rock formula divides 10 percent of the revenue
23 Floor update equally among the counties in the state, 10 it is out of date. Population is a relevant In other testimony, Robert percent based on vehicle population, 30 measure because there is a strong correla- Tennessenn representing the I-35 Solu- percent based on the number of lane miles, tion between population and the amount tions Alliance said that while the organiza- and 50 percent based on needs, she said. of traffic on roads in the area.” tion supports the MICA version of the The proposed alternative, brought forth by Department of Transportation CSAH formula, they recognize the need the Metropolitan Inter-County Associa- (MnDOT) Financial Analyst Bruce Briese for give and take. Carol Lovro from the tion (MICA), said Vennewitz, eliminates testified that 53 percent of revenue from Association of Minnesota Counties said distribution based on equal distribution, the motor vehicle registration tax comes her organization didn’t want the CSAH lane-miles and vehicle population, but from the seven-county Metro Area, and 46 formula to be an impediment to passing a splits revenue equally based on population percent of the gas tax revenues come from transportation bill. “We have to find a way and needs. Vennewitz said the current the Metro Area. to start dealing with these needs in a CSAH formula distributes 19 percent of Roger Peterson of the Association of responsible fashion,” she said. revenues to the Metropolitan Area, but the Metropolitan Municipalities said the Juhnke said that transferring CSAH MICA proposed formula distributes 38 organization strongly supports the CSAH money away from rural areas will erode percent of new gas tax revenues to the changes because even though Metro Area support for the entire bill. “Most of the Metro Area. roads only comprise 8 percent of the support in the House for the gas tax are The Senate compromise formula, said CSAH roads in the state, they carry 47 representatives from rural counties,” Vennewitz, distributes 29 percent of new percent of the vehicle miles per day. Juhnke said. “If you shift CSAH to benefit gas tax revenues to the Metro Area. Ten Peterson said that the miles traveled per the Metro Area, you will lose the low base percent of CSAH revenues are distributed lane in Greater Minnesota is 278 per day, of support that exists.” equally among all 87 state counties, 10 while in the Metro Area, 2,886 miles are percent based on lane-miles, 50 percent traveled per lane per day. “That’s over ten Senate proposal rejected based on needs, and 30 percent based on times the number of miles traveled per day A motion to accept the Senate version population, Vennewitz said. Based on a 5 on Metro Area roads, and there are of the transportation funding package was cent gas tax increase and compared to the rejected by the Transportation Budget current formula, the MICA proposal shifts significant problems with the roads we have,” said Peterson. Conference Committee, chaired by Sen. $8 million from rural areas to Metro Area Dean Johnson (DFL-Willmar) and Rep. roads, while the compromise formula only “We aren’t looking to change the entire amount of money going to roads,” William Kuisle (R-Rochester), Tues., Apr. transfers $4 million from rural to urban, 16. The motion failed on a tie vote, with she said. Peterson said, “We only want to get some shifted to the Metro Area.” When asked by all House members voting against the bill. Tim Flaherty, representing the Johnson moved the first two articles of Coalition for Greater Minnesota Cities, the committee, Peterson characterized the level of support for a gas tax in Metro Area the Senate bill and Fiscal Analyst Amy said the organization supports an indexed Vennewitz laid out the main provisions. gas tax, but only as part of a balanced municipalities as significant. Rep. Tony Kielkucki (R-Lester Vennewitz said items included in the funding package. Flaherty said that the motion were the creation of the Prairie) said that in a Minneapolis Star coalition prefers to maintain the current multimodal fund, the compromise version Tribune poll a month ago, only 8 percent CSAH formula, but in the spirit of of the county state-aid highway fund of respondents said they wanted to raise compromise, could accept the Senate (CSAH) distribution formula for new the gas tax. Kielkucki added that his e- proposal. However, Flaherty said the gasoline tax money, a six cent gasoline tax coalition objected to the gas tax revenue mails on the gas tax are divided equally increase that will be indexed for inflation, that is diverted into a Metro transit between supporters and opponents. and a $1 billion appropriation for trunk account. “We do oppose funding of transit Johnson replied that poll results depend on highway bonds for the next 10 years. Also at the expense of roads,” Flaherty said. the questions that are asked and said that included, according to Vennewitz, were “We don’t have enough money for roads the Legislature has done a poor job provisions related to a $20 motor vehicle and highways, so the gas tax should be explaining the link between the gas tax excise tax and a Metro Area transportation dedicated to that. There should be an and transportation projects. Sen. Roy referendum regarding a proposed 0.5 alternative source of funding for transit.” Terwilliger (R-Edina) said that he saw percent sales tax to be used for transporta- Rep. Al Juhnke (DFL-Willmar) another poll that indicated strong support tion funding purposes. criticized the MICA and Senate compro- for both a gas and sales tax increase for Rep. Al Juhnke (DFL-Willmar) mise plans because of the reliance on roads and transit. He said the public won’t questioned a section of the proposal that population instead of number of vehicle support a sales tax increase to balance the appropriates 25 percent of the multimodal registrations. “What on earth does popula- budget, but definitely will for transporta- fund to cities with populations less than tion have to do with the condition of tion. 5,000. Juhnke pointed out that larger cities roads?” Juhnke asked. “The formula Referring to an earlier discussion don’t receive state money for local roads reconfiguration is headed down a danger- about the impact of the taxes on the and that if the proposal is passed, all ous path regarding fixing roads in this average state household, Johnson said the municipalities will be looking for the same state.” gas tax will cost the average family $60 per thing. “We’ll be opening up a can of “The current CSAH formula is based year, and the 0.5 percent sales tax will cost worms,” he said. on a 1950s system of distribution,” said the average Metro Area household an Rep. Tony Kielkucki (R-Lester Bob Vanasek of MICA. “Forty years later, additional $124 per year. Prairie) said that money in the multimodal
24 account is going to transit, not roads. He a dramatic drop-off in our ability to start “It is dangerous to give the public the asked for the total amount over ten years projects. We will be forced to start over impression that something significant is going to roads in the Senate proposal. again.” happening when it really isn’t. We have to Vennewitz said that $2.7 billion over ten Tinklenberg said that part of the delay make up for 14 years of lost buying power. years will be going to roads and bridges in getting current projects started is I would support a bill if it is significant under the Senate plan, but later said the because in the 1990s, the department and multimodal in scope.” figure would be $4.2 billion if the Metro stopped getting projects ready ahead of Sen. David Johnson (DFL- Area sales tax is taken in consideration. In time because of the lack of long-term Bloomington) said that the committee was response to a question from Rep. Mary Liz funding. “There were no projects ready on dealing with two separate issues, whether it Holberg (R-Lakeville), Vennewitz said the the shelf when we received funding in wants a tax and if it wants to let voters gas tax revenues in the Senate package 2000,” he said. “We don’t want to lose two decide to tax themselves. Sen. Mark cover debt service on both proposed trunk to three years of development time. We Ourada (R-Buffalo) said that the true highway bonding and the $245 million in want to get projects started right away. We benefit of the Senate bill is that projects existing trunk highway debt. want a smooth transition between the old that haven’t been conceived will be Department of Transportation and new funding.” addressed because proposed projects will (MnDOT) Commissioner Elwyn When asked about the governor’s be taken care of sooner, and future budgets Tinklenberg said the major impact for the support of the Senate plan, Tinklenberg will be freed up. state, if the Senate bill is passed, is a said the governor wants the budget deficit Juhnke moved to amend the motion dramatic acceleration in transportation issue resolved first, but is open to a to remove the sections in the Senate plan construction. “Projects not anticipated to discussion about how to fund transporta- dealing with changes in the CSAH begin for 10 years could start in 2004-05,” tion. Johnson asked if Tinklenberg would distribution formula. The effect of the said Tinklenberg. “The Senate plan will recommend the Senate plan to the amendment is to maintain the current give us the ability to plan for that type of governor. “The quality of life and eco- CSAH formula, Juhnke said. Dean Johnson long-term program. Without such a plan, nomic future of the state depends on the said that while the 87 county commission- when the funding is used up, there will be transportation system,” said Tinklenberg. ers voted for a CSAH distribution split 50-
Commissioner of Transportation Elwyn Tinklenberg, foreground, fields questions from Senate and House members during a conference committee meeting on transportation funding Tues., Apr. 16. Photo by David J. Oakes
25 Floor update 50 between population and needs, the bonding, CSAH formula changes and the I don’t want to get into a situation where Senate worked hard to create a compro- multimodal fund, was rejected in a tie we are robbing resources from current mise that was more equitable. “If this vote, with two abstentions. The motion to maintenance because we didn’t establish amendment passes, the transportation bill adopt Article II, which contains provisions an adequate funding source,” he said. will not pass the senate floor,” said Dean related to the Metro Area sales tax and Kuisle disagreed. He said that the Johnson. Juhnke said, “When you go for a motor vehicle excise tax, was also rejected House intent is to address current projects formula based on population, rural in a tie vote, with two abstentions. that are idled because costs are continually Minnesota always loses.” In further discussion Kielkucki said he skyrocketing. The plan will save money Dean Johnson said the transportation was against the gas tax indexing provision over time, Kuisle said. bill is the second largest issue in the state because it takes future appropriations out Johnson said the plan didn’t have besides the budget and that something has of the hands of government. “When we put enough transit funding, but that the House to be done this year. government on auto-pilot, we take away plan is a good starting point. “You have to David Johnson said the Senate bill our ability to set priorities,” he said. put a gas tax on the table plus more money doesn’t pit Greater Minnesota versus the Ourada said that in discussions with for transit,” Johnson said. “There are some Metro Area. “The word I have received Senate Minority Caucus leaders, there was commonalities, but some work to do.” from rural Minnesotans is that we need to overwhelming support for a gas tax. Sen. Julie Sabo (DFL-Mpls.) ques- do something. The Senate proposal puts an tioned House members about how long- enormous amount of money into rural term transportation needs are addressed in Minnesota.” He further countered House House counteroffer discussed the proposal. Sabo said the plan maintains criticism of the balance of the Senate The action centered on a House the status quo without addressing the long- package. “Given that $1 billion per year is counterproposal for transportation funding term needs clearly expressed by the needed for transportation just so things at the Wed., Apr. 17, Transportation witnesses to the committee. Kuisle said don’t get worse, the Senate plan is modest. Budget Conference Committee, chaired by that the fact the state is currently in a How the House bill is more balanced Sen. Dean Johnson (DFL-Willmar) and budget deficit situation must be factored when it only addresses 7.5 percent of the Rep. William Kuisle (R-Rochester). No in and that a provision in the plan seeks to problem at twice the price is beyond my action was taken on the proposal. constitutionally dedicate a portion of comprehension,” he said. Kuisle explained the various provi- MVET revenues to transit, addressing long- Rep. Tom Workman (R-Chanhassen) sions in the bill, which included the $750 term concerns. said the committee is miles apart on the million for 5 years in trunk highway “We are on thin ice with a gas tax,” big issues and that they were wasting their bonding found in the original House said Mary Liz Holberg (R-Lakeville). time debating small issues. Workman said version, a 2000 highway appropriation of “Many House members have signed a no- that some sort of middle ground must be $245 million in remaining general fund new-taxes pledge. It can’t be taken found before they start voting. Juhnke revenue that won’t be converted to trunk lightly.” withdrew his amendment. highway bonding as in the Senate plan, Johnson said what that matters the Sen. Julie Sabo (DFL-Mpls.) asked the $54 million in Metropolitan Council most is the pledge Legislators take to serve committee how they thought the term transit capital bonds and $116 million in the constituents of the state of Minnesota “middle ground” was defined. “If the general obligation bonds authorized for and that no one organization should have middle ground is somewhere between transportation. Kuisle also described the final say on what goes on in the doing nothing and what the Senate plan several provisional items that he empha- Legislature. “No one should attack you for offers, then we are doing Minnesota a sized would be considered only if members doing the right thing for transportation,” disservice,” she said. “But if we look at the agreed conceptually on a gasoline tax. Johnson said. magnitude of the problem itself, then the One provisional item is a gas tax increase Rep. Tom Workman (R-Chanhassen) Senate version is a reasonable package.” for trunk highway bonding above $750 said that he was excited and filled with Sen. Roy Terwilliger (R-Edina) said million, the proceeds of which are hope to see some movement on the the longer infrastructure is ignored, the allocated 47.5 percent to at-risk interre- House’s part. “I signed the pledge too,” worse the problem will become. “We’re gional corridors, 47.5 percent to Metro Workman said. “But when the box of not here to get re-elected. We’re here to Area bottlenecks, and 5 percent to transit. money we use to build roads is almost represent the constituents of the state of An additional provisional item, according empty, we need to get more money in the Minnesota. We can’t continue to ignore to Kuisle, is a constitutional amendment box.” the problem, and that’s what we’ve been that dedicates 32 percent of motor vehicle doing,” he said. excise tax (MVET) revenues to the Workman said it was arrogant of highway user trust fund, 20.5 percent to FLOOR UPDATE Senate members to assume that if they can the metro transit fund, 1.25 percent to the only persuade House conference commit- Greater Minnesota transit fund, and 2 Monday, April 8 tee members, the battle is won. “This is percent to the Metro Area transit appro- about what can get by on the House floor,” priations account. Phosphorus report okayed he said. “We have to accept the reality of Sen. Mark Ourada (R-Buffalo) In a brief floor session, Mon., Apr. 8, what will be able to pass.” criticized the new House plan because Senators adopted a conference committee The motion was divided into the two there is no growth in transportation report on S.F. 1555, sponsored by Sen. separate articles found in the Senate bill. spending. “Without a gas tax, there is no Linda Higgins (DFL-Mpls.). The bill The motion to adopt Article I, which new money. Instead of doing maintenance, preempts local authority regarding pertains to the gas tax, trunk highway money will be needed to pay debt service. phosphorus fertilizer regulation.
26 Senators Dean Johnson (DFL-Willmar), far left, and Don Samuelson (DFL-Brainerd) address a crowd of mostly military veterans during ceremony to dedicate a plaque commemorating the Bataan Death March Tues., Apr. 9 at the Wall of Honor on the State Capitol grounds. Photo by Shelley Hawes Higgins said conferees resolved phosphorus content, on impervious official governor’s residence on St. Paul’s differences between competing versions of surfaces. She said the provision amounts to Summit Avenue to remain open regardless the bill by allowing local units of govern- overkill by not allowing spillage on of whether or not the governor occupies ment to enact ordinances regarding driveways. When applying fertilizer, the residence. The amendment was phosphorus fertilizer by August 1. Ordi- Scheid said, it is impossible not to spill a adopted to the Department of Public nances passed after that date, she said, will little on a driveway or curb. Higgins said Safety housekeeping bill, sponsored by be preempted by the legislation. Sen. the provision was included to reinforce Sen. Steve Murphy (DFL-Red Wing). The Mady Reiter (R-Shoreview) spoke against that people applying fertilizer should take bill, H.F. 3203, was granted final passage the bill, saying it was unnecessary to care to minimize spills and clean up after on the Senate floor Tues., Apr. 9. remove local control over fertilizer. If the application. The conference commit- Sen. Richard Cohen (DFL-St. Paul) Metropolitan Area communities want to tee report was adopted and the bill said the governor stated his intent to close limit phosphorus-based fertilizer use, she repassed, 58-1. the residence because of cuts made to the said, they can enact ordinances individu- In other action, Senators adopted a Governor’s Office and executive protec- ally. Senators Steve Murphy (DFL-Red conference committee report on S.F. 3288, tion during the first round of budget Wing) and Steve Dille (R-Dassel) said carried by Sen. Steve Kelley (DFL- reconciliation earlier this year. However, they heard testimony in committee that Hopkins). The bill relates to firefighter Cohen said, Senate budget divisions made phosphorus is almost never necessary on employment and arbitration provisions. it clear while the so-called phase one bill Metro Area lawns. “There really is no good was being drafted that budget reductions reason not to support this bill. The science Tuesday, April 9 were intended to affect the governor’s out- is behind it,” Dille said. of-state travel and not the residence. “The Sen. Linda Scheid (DFL-Brooklyn Residence kept open governor got, to the dollar, what he Park) said she was concerned about a Senators, in an effort to counteract requested in his budget,” Cohen said. provision in the bill prohibiting the plans to close the historic building, The residence, which was donated to application of fertilizer, regardless of adopted an amendment requiring the the state in 1965, has a degree of ambigu-
27 Floor update ity in its deed, Cohen said. The deed, intervening in current court decisions and previous bill regulating fertilizers was Cohen said, indicated that the residence should stick to that practice. Rather than limited to phosphorus based products must be demolished if it is not being letting the court decide the case, he said, because some agricultural chemicals can actively used. The amendment, which he the bill writes the decision into law. be used in illegal drug labs or for explo- offered, mandates that the residence be Hottinger said the District Court said, in its sives. The amendment, she said, prohibits kept open for ceremonial purposes and decision, that it took “solace in knowing local units of government from tracking requires the commissioner of public safety that the Legislature is not barred from agricultural chemicals. Thus, Krentz said, to provide security for the structure. Sen. closing” loopholes in the law. He said the the amendment presents a serious public Dave Kleis (R-St. Cloud) asked if security most important part of MERLA is fixing safety issue. Murphy offered an amend- is provided in statute for other state pollution, not litigating who should pay ment to the amendment, which was buildings and what sort of security the for cleanup. Sen. John Marty (DFL- adopted, stating that the provision does amendment mandates. Sen. Dean Johnson Roseville) said the philosophy behind not preempt local responsibilities for (DFL-Willmar) said state law requires MERLA is that polluters, not taxpayers, public health and safety. Capitol Complex Security to safeguard pay for cleanup. S.F. 2937 upholds that Sen. Steve Dille (R-Dassel) said that if buildings designated by the administration philosophy, he said. local units of government are allowed to restrict the use of agricultural fertilizers, the as part of the Capitol Complex. Johnson In other action, the Senate adopted a farm industry will be faced with a web of said that the commissioner of public safety resolution recognizing Apr. 9, 2002, as the confusion. Krentz said the amendment is will most likely utilize capitol security 60th anniversary of the fall of Bataan and still too broad and interferes too much the beginning of the Bataan Death March. officers rather than state troopers to with local control for almost no reason. Sen. Don Samuelson (DFL-Brainerd), safeguard the residence if it is not occu- “This is a solution in search of a problem,” pied by the governor’s family. The sponsor of the resolution, said hundreds of she said. amendment was adopted. Minnesotans died in the march. A memo- Members also adopted an amendment Other discussion on the bill focused rial plaque commemorating Bataan was to the Murphy amendment, offered by Sen. on numerous other amendments, including unveiled earlier in the day, he said, on the Dennis Frederickson (R-New Ulm), one offered by Sen. Grace Schwab (R- Capitol grounds. Members briefly recessed creating an exception for anhydrous Albert Lea). The amendment deals with to recognize Bataan survivors in the Senate ammonia. Frederickson said anhydrous motorcycles with replaced engines. She gallery. ammonia is a very dangerous commodity said reconstructed motorcycles have a Senators also granted final passage to a that should still be controlled at the local large stigma attached to them, which is bill appropriating money for maintenance, level. After further discussion, Murphy unfair. “Treat this as you would a car,” monitoring and enforcement related to withdrew his amendment. Schwab said. Senators Don Betzold (DFL- recreational motor vehicle use. The bill, Dille offered an amendment to the Fridley) and Leo Foley (DFL-Coon S.F. 2970, was carried by Sen. LeRoy bill creating a methane digester loan Rapids) both said that motorcycle theft Stumpf (DFL-Thief River Falls). program. The amendment was identical to may become easier to accomplish if the Members also discussed the omnibus S.F. 2594, which previously passed the amendment is adopted. However, Schwab agriculture bill, H.F. 3183, before laying it Senate but has stalled in the other body. said the Department of Public Safety does on the table. Sen. Mark Ourada (R- The amendment was adopted. not believe that theft will rise, because the Buffalo) offered an amendment to the bill Senators also received a series of necessary information about a motorcycle that classifies manufactured home com- messages from the other body and granted several bills concurrence and repassage. will still be available on a title, just plexes, of less than four units, that are used S.F. 2457, carried by Sen. Linda Berglin without the designation of being recon- for seasonal agricultural operations as not (DFL-Mpls.), modifies civil commitment structed. The amendment was adopted. being manufactured home parks. Sen. standards. S.F. 2592, authored by Sen. Senators also granted final passage to Ellen Anderson (DFL-St. Paul) said the Edward Oliver (R-Deephaven), establishes S.F. 2937, carried by Sen. John Hottinger amendment allows substandard housing in a process for demutualization of mutual (DFL-Mankato). The bill extends the Minnesota and permits substandard insurance holding companies into stock statute of limitations for actions covering housing to be used for seasonal workers, companies. S.F. 2650, sponsored by Sen. response costs under the Minnesota many of whom are migrant workers. Don Samuelson (DFL-Brainerd), modifies Environmental Response and Liability Act Ourada said he has been in contact with regulation of credit unions. S.F. 3238, (MERLA). Hottinger said that prior to the Department of Health and it has signed carried by Sen. Jane Ranum (DFL-Mpls.), 1998, the timeframe for MERLA-related off on the bill. After a question arose, the provides options relating to the election of cleanups was unclear. Since Legislative amendment was ruled not germane to the directors of nonprofit neighborhood action in 1998, he said, 25 large insurance bill. organizations and provides for voting companies have paid their responsibilities Murphy, chief author of the bill, rights for members. under MERLA. The bill corrects a offered an amendment prohibiting local Finally, members voted to override misinterpretation of the 1998 law by state restrictions on the use of agricultural the governor’s veto of a bill providing courts in a case currently under consider- fertilizer. He said agricultural fertilizers, funds to public television stations to assist ation by the Court of Appeals. including manure, should be regulated by in digital conversion. H.F. 197, carried by Sen. David Knutson (R-Burnsville) the state Department of Agriculture. Sen. Sen. Keith Langseth, provides an $8 said the Senate has always refrained from Jane Krentz (DFL-May Township) said a million appropriation to help public
28 television stations throughout the state Monday, April 15 to work because they are busy at a fire and meet a federal mandate for digital conver- replacement firefighters are not available. sion. Sen. Richard Cohen, speaking in Teacher, rural health plans heard Sen. Ellen Anderson (DFL-St. Paul) support of the override, said that last year Members of the Senate came together said that although no opposition to the the governor agreed to the appropriation, Mon., Apr. 15, and heard three bills bill was heard during committee hearings, but had vetoed the bill this year. Members regarding teacher and rural health insur- several fire chiefs do not support the bill voted 53-5 to override the veto. As an ance plans and unpaid leave for voluntary because it will injure positive working aside, Sen. Steve Dille (R-Dassel) pointed firefighters. relationships they currently have with out that there have been 13 vetoes since Sen. LeRoy Stumpf (DFL-Thief River employers of firefighters. 1939 with 9 of them occurring under the Falls) authored S.F. 1755, which mandates In the conference committee, a present administration. a study of school employee health plans. provision was added to S.F. 2960 that The bill specifies that a committee of 15 makes sparklers and other nonexplosive, Thursday, April 11 people, 7 representing employees, 7 nonaerial types of fireworks legal. Sen. David Tomassoni (DFL-Chisholm) said standing in for employers and the commis- sparklers and other fireworks legalized in Appointments approved sioner of employee relations, gather the report are as safe as kitchen matches. The Senate confirmed several information on employee group health Sen. Twyla Ring (DFL-North Branch) said appointments to state offices during the characteristics and design a plan to she does not want children to play with floor session Thur., Apr. 11. stabilize health insurance costs. either matches or sparklers. Sen. James Metzen (DFL-South St. Stumpf said the funding for the The Senate voted to refer the report Paul) moved to confirm Phyllis Reha’s research and planning was taken out in the back to the conference committee. appointment to the Public Utilities Finance Committee and offered an Commission and his motion was adopted. amendment to replace the $1.3 million Susan Stevens Chambers and Clyde needed for the study. Senate on the World Wide Web Miller’s positions on the Campaign Sen. Martha Robertson (R- The Minnesota Legislature’s Web Finance and Public Disclosure Board were Minnetonka) said, “The price was site–a joint effort of legislative agencies– also confirmed by the Senate, under a $900,000 in the Finance Committee. Now offers easier access to a variety of legisla- motion by Sen. Roger Moe (DFL-Erskine). it’s up to $1.3 million. Where is this tive and government information. Sen. Becky Lourey (DFL-Kerrick) money coming from?” The Legislature’s page (http:// made a motion to confirm several appoint- Stumpf said the funding is taken from www.leg.mn) includes links to other ments to the the Board of the Lola and the reserves. He said that if a plan is made government agencies and departments, as Rudy Perpich Minnesota Center for Arts school employers will have to pay the well as copies of Minnesota Statutes, Education, Board of Minnesota State money back to the state in five years. Session Laws, and Administrative Rules. Academies and the Minnesota Higher “We still have $439 million of the The page also allows one to track legisla- Education Facilities Authority. shortfall to solve. Now will we have to tion and get general information about the The Senate also considered several solve $440.3 million? If we had the money legislative process. The site includes a bills for concurrence and repassage. to spend, a study of health care plans district finder service for those who need Two bills authored by Metzen were would not be the first place I would spend to contact their House member or Senator. repassed. The first, S.F. 2957, which makes The Senate Web site (http:// technical changes to the Board of it,” Robertson said. She questioned the www.senate.mn) has information about Dentistry’s policies, was repassed on a 51-0 bill’s germaneness and said it was not a members, committees and Senate staff. The vote. The second, S.F. 2988, the omnibus fiscally balanced measure. The bill was page also has daily and weekly schedules banking bill, was repassed 53-1. ruled not germane. The measure was re- for the Senate, as well as copies of the A technical bill relating to vehicle referred to the Finance Committee. Journal and Senate Briefly. The status of sales taxes, S.F. 3075, offered by Sen. The Senate passed the conference legislation and confirmation of executive Richard Cohen (DFL-St. Paul), was committee report on S.F. 2909, which appointments by the Senate is also granted final re-passage 55-0. allows health maintenance organizations available. Sen. Thomas Neuville (R-Northfield) to assist in the development of a rural made a motion to concur with House demonstration project aimed at reducing amendments on S.F. 3114, a child support the number of uninsured people in rural Web site wins national award bill. Sen. Ellen Anderson (DFL-St. Paul) Minnesota and lowering health insurance The Minnesota State Legislature Web said she did not support the bill because it costs. The report, presented by Sen. Dallas site (http://www.leg.mn) is the 2001 was too lenient on persons who miss their Sams (DFL-Staples), was approved 59-0. recipient of The Council of State Govern- payments by giving individuals who miss The conference committee report on ments’ Eagle E-government Award for Best payments and set up payment plans an S.F. 2960, which grants 20 hours of unpaid Legislative Branch Web Site. Sites were additional 90 days to start paying. “Why leave to volunteer firefighters who are late judged on ease of use, design, accessibility reward bad behavior?” she asked. or absent from work due to their assistance to the public, technological innovation, Neuville said the additional 90 days on the scene of a fire, was also considered. and how effectively the site streamlines are needed because of the time required to Sen. Debbie Johnson (R-Ham Lake), government and delivers better customer set up payment plans. His motion pre- author of S.F. 2960, said the bill is needed service. A complete list of winners can be vailed 54-2. to protect firefighters who cannot make it found at http://www.csg.org/eagle.
29 Floor action Monday, April 8 Confirmation of appointments Public Utilities Commission: Phyllis Reha Conference committee reports adopted and repassed Board of the Lola and Rudy Perpich Minnesota Center for S.F. 1555-Higgins: Provides a preemption of local regulation of Arts Education: Jay Andersen, Patricia Anderson, Alex Boise, phosphorous fertilizers. 58-1 Renee Jenson, Lani Kawamura, Marjorie Barton Savage, Geol S.F. 3288-Kelley: Extends the expiration of an interest Leonard Weirs. arbitration provision governing firefighters. 61-0 Minnesota Higher Education Facilities Authority: Carol Blomberg, David Rowland. Tuesday, April 9 Board of the Minnesota State Academies: Richard Berge, Robert Duncan, Paul Johnson, Phil Koprowksi, James Potter, Bills repassed, the objections of the governor Mark Sathe notwithstanding Campaign Finance and Public Disclosure Board: Susan Stevens H.F. 197-Langseth: Appropriates money for grants to Chambers, Clyde Miller. noncommercial television stations. 53-5 Monday, April 15 Bills granted concurrence and repassage S.F. 2457-Berglin: Authorizes the court to commit certain Conference committee reports adopted and repassed persons with mental illnesses to community hospitals. 54-3 S.F. 2909-Sams: Provides for a health maintenance organization S.F. 2592-Oliver: Authorizes the reorganization of a mutual rural demonstration project. 60-0 insurance holding company into a stock company. 55-0 S.F. 2960-Johnson, Debbie: Provides for unpaid leave for S.F. 2650-Samuelson: Modifies credit union regulations. 52-0 employees to perform volunteer firefighter duties and provides for S.F. 3238-Ranum: Provides options relating to the election of the sale of fireworks novelties such as sparklers. Fails 29-33. directors and voting rights for Reconsidered. Returned to conference. members of nonprofit neighborhood organizations. 49-3 Thursday, April 18 Bills granted final passage on Special Orders Conference committee reports adopted and repassed H.F. 3203-Murphy: Motor vehicle and bicycle registration, dealer licensing and drivers license provisions clarification and H.F. 2473-Ranum: Specifies that organ donor designation on a modification and commercial motor vehicles traffic regulations driver’s license or Minnesota identification card establishes provisions modifications. (Department of Public Safety intent. 50-7 housekeeping bill.) 61-0 S.F. 2937-Hottinger: Clarifies the statute of limitations for Bills granted concurrence and repassage actions to recover release S.F. 2460-Kleis: Imposes special civil liability for destruction of response costs under the Environmental Response and Liability field crop products, animals and organisms, and provides criminal Act (Superfund). 38-23 penalties for persons who promote, advocate and take H.F. 2970-Stumpf: Modifies recreational motor vehicles use responsibility for criminal acts. 57-0 provisions. 61-0 Bills granted final passage on Special Orders Thursday, April 11 H.F. 3183-Murphy: Omnibus agriculture provisions. Clarifies and updates certain terms, changes requirements and procedures, Bills granted concurrence and repassage limits certain fees and payments, authorizes agreements, prohibits S.F. 2957-Samuelson: Requires reporting of practice act tampering with farm tractor clock-hour meters, prescribes civil violations to the Board of Dentistry and provides for complainant and criminal penalties, authorizes the Northern Counties Land immunity. 51-0 Use Coordinating Board to initiate a land use management pilot S.F. 2988-Metzen: Regulates detached facilities, charges fees and project, provides restrictions on farmed cervidae in regard to mortgage repayment penalties. (Omnibus banking bill.) 53-1 chronic wasting disease, adds Grecian Foxglove (digitalis lanata) S.F. 3075-Cohen: Provides for payment of sales tax on a motor to the list of secondary noxious weeds and provides an open air vehicle sold in violation of dealer licensing requirements and swine basin exemption. 41-16 abolishes misdemeanor penalties for certain offenses relating to vehicle titles. 55-0 S.F. 3114-Neuville: Permits the issuance of a limited license under certain circumstances to a person whose driver’s license is suspended for nonpayment of support. 54-2
30 Senate Seniority Alphabetical by First Year of Senate Service Majority Caucus Sen. Roger D. Moe (DFL) ...... 1971 Moe ...... 1971 Anderson ...... 1993 Sen. Douglas Johnson (DFL) ...... 1977 Johnson, Douglas ...... 1977 Betzold ...... 1993 Sen. Bob Lessard (IND) ...... 1977 Sen. Charles Berg* (R) ...... 1981 (House-6 Yrs.) Krentz ...... 1993 Sen. William Belanger (R) ...... 1981 Berglin ...... 1981 Murphy ...... 1993 Sen. Linda Berglin (DFL) ...... 1981 (House-8 Yrs.) Wiener ...... 1993 Sen. Dennis Frederickson (R) ...... 1981 Langseth ...... 1981 Scheid ...... 1997 Sen. Keith Langseth (DFL) ...... 1981 Sen. Dean Johnson (DFL) ...... 1983 (House-4 Yrs.) (House-12 Yrs.) Sen. Gen Olson (R) ...... 1983 Samuelson ...... 1983 Lourey ...... 1997 Sen. Lawrence Pogemiller (DFL) ...... 1983 (House-12 Yrs.) (House-6 Yrs.) Sen. Don Samuelson (DFL) ...... 1983 Pogemiller ...... 1983 Kelley, S.P...... 1997 Sen. LeRoy Stumpf (DFL) ...... 1983 Sen. Richard Cohen (DFL) ...... 1987 (House-2 Yrs.) (House-4 Yrs.) Sen. Cal Larson (R) ...... 1987 Stumpf ...... 1983 Foley ...... 1997 Sen. John Marty (DFL) ...... 1987 (House-2 Yrs.) Higgins ...... 1997 Sen. James Metzen (DFL) ...... 1987 Johnson, Dean ...... 1983 Johnson, David ...... 1997 Sen. Jim Vickerman (DFL) ...... 1987 Sen. Pat Pariseau (R) ...... 1989 (House-4 Yrs.) Wiger ...... 1997 Sen. Dick Day (R) ...... 1991 Metzen ...... 1987 Ring ...... 1999 Sen. John Hottinger (DFL) ...... 1991 (House-12 Yrs.) Kinkel ...... 1999 Sen. Thomas Neuville (R) ...... 1991 Cohen ...... 1987 Rest ...... 2001 Sen. Sandra Pappas (DFL) ...... 1991 Sen. Leonard Price (DFL) ...... 1991 (House-6 Yrs. (House-16 Yrs.) Sen. Jane Ranum (DFL) ...... 1991 Non-consecutive) Orfield ...... 2001 Sen. Dallas Sams (DFL) ...... 1991 Marty ...... 1987 (House-10 Yrs.) Sen. Roy Terwilliger (R) ...... 1992 Vickerman ...... 1987 Tomassoni ...... 2001 Sen. Ellen Anderson (DFL) ...... 1993 Sen. Don Betzold (DFL) ...... 1993 Price ...... 1991 (House-8 Yrs.) Sen. Steve Dille (R) ...... 1993 (House-8 Yrs.) Chaudhary ...... 2001 Sen. Sheila Kiscaden (R) ...... 1993 Pappas ...... 1991 (House-4 Yrs.) Sen. David Knutson (R) ...... 1993 (House-6 Yrs.) Fowler ...... 2001 Sen. Jane Krentz (DFL) ...... 1993 Sen. Arlene Lesewski (R) ...... 1993 Hottinger ...... 1991 Sabo ...... 2001 Sen. Steve Murphy (DFL) ...... 1993 Ranum ...... 1991 Moua ...... 2002 Sen. Edward Oliver (R) ...... 1993 Sams ...... 1991 Solon, Y.P...... 2002 Sen. Martha Robertson (R) ...... 1993 Sen. Dan Stevens (R) ...... 1993 Sen. Deanna Wiener (DFL) ...... 1993 Sen. Kenric Scheevel (R) ...... 1994 Sen. Dave Kleis (R) ...... 1995 Minority Caucus Sen. Warren Limmer (R) ...... 1995 Belanger ...... 1981 Oliver...... 1993 Sen. Mark Ourada (R) ...... 1995 Frederickson ...... 1981 Robertson...... 1993 Sen. Michelle Fischbach (R) ...... 1996 Berg ...... 1981 Stevens ...... 1993 Sen. Leo Foley (DFL) ...... 1997 Sen. Linda Higgins (DFL) ...... 1997 Olson ...... 1983 Scheevel ...... 1994 Sen. David Johnson (DFL) ...... 1997 Larson ...... 1987 Limmer ...... 1995 Sen. Steve Kelley (DFL) ...... 1997 (House-8 Yrs.) (House-6 Yrs.) Sen. Becky Lourey (DFL) ...... 1997 Pariseau ...... 1989 Ourada ...... 1995 Sen. Claire Robling (R) ...... 1997 Sen. Linda Scheid (DFL) ...... 1997 Day ...... 1991 Kleis ...... 1995 Sen. Charles Wiger (DFL) ...... 1997 Neuville ...... 1991 Fischbach ...... 1996 Sen. Bob Kierlin (R) ...... 1999 Terwilliger ...... 1992 Robling ...... 1997 Sen. Twyla Ring (DFL) ...... 1999 Dille ...... 1993 Kierlin ...... 1999 Sen. Anthony “Tony” Kinkel (DFL) ...... 1999 Sen. Michele Bachmann (R) ...... 2001 (House-6 Yrs.) Bachmann ...... 2001 Sen. Satveer Chaudhary (DFL) ...... 2001 Kiscaden ...... 1993 Johnson, Debbie ...... 2001 Sen. Chuck Fowler (DFL) ...... 2001 Knutson ...... 1993 Reiter ...... 2001 Sen. Debbie Johnson (R) ...... 2001 Lesewski ...... 1993 Schwab ...... 2001 Sen. Myron Orfield (DFL) ...... 2001 Sen. Mady Reiter (R) ...... 2001 Sen. Ann Rest (DFL) ...... 2001 Sen. Julie Sabo (DFL) ...... 2001 Sen. Grace Schwab (R) ...... 2001 Independence Caucus Sen. David Tomassoni (DFL) ...... 2001 Lessard ...... 1977 Sen. Mee Moua (DFL) ...... 2002 Sen. Yvonne Prettner Solon (DFL) ...... 2002 * Interrupted Service Source: Office of the Secretary of the Senate
31 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 297-8060 Leonard R. Price 235 Cap. 57 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8061 Jane B. Ranum 120 Cap. 63 DFL 296-9246 Linda Higgins 328 Cap. 58 R 296-1253 Mady Reiter 132D SOB 53
DFL 296-6153 John C. Hottinger 205 Cap. 24 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-5419 Twyla L. Ring 306 Cap. 18 DFL 296-3826 Dean E. Johnson 124B Cap. 15 R 296-4314 Martha R. Robertson 141 SOB 45 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4123 Claire A. Robling 143 SOB 35 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 DFL 296-4274 Julie A. Sabo 317 Cap. 62
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 297-8063 Dallas C. Sams 328 Cap. 11 R 296-5649 Bob Kierlin 127 SOB 32 DFL 296-4875 Don Samuelson 120 Cap. 12 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-4848 Sheila M. Kiscaden 135 SOB 30 DFL 296-8869 Linda Scheid 303 Cap. 47 R 296-6455 Dave Kleis 107 SOB 16 R 296-9248 Grace S. Schwab 151 SOB 27
R 296-4120 David L. Knutson 133 SOB 36 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
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32 Senate Briefly
Page 2 Highlights
Page 3 Committee update
Page 11 Floor update
Page 18 Chapters
Page 23 Floor action
Page 23 Conference committees
The last day of April finds evidence of Spring on the Capitol grounds as hyacinths bloom and trees leaf out. Photo by Shelley Hawes
April 26 and May 3, 2002
1 Senate Highlights Negotiations continue access to a variety of legislative and Both the Senate and House Web sites Negotiations on the major bills government information. offer streaming video access to floor and continued throughout the period of April The Legislature’s page (http:// selected committees. 19 to May 2. While significant movement www.leg.mn) includes links to other has not yet occurred, a number of other government agencies and departments, as Web site wins national award bills have been agreed upon by both well as copies of Minnesota Statutes, The Minnesota State Legislature Web bodies and signed into law. Session Laws, and Rules. The page also site (http://www.leg.mn) is the 2001 This issue of Senate Briefly contains allows one to track legislation and get recipient of The Council of State Govern- coverage of major conference committee general information about the legislative ments’ Eagle E-government Award for Best action, floor action and a listing of all bills process. The site includes a district finder Legislative Branch Web Site. Sites were signed into law thus far. In addition, this service for those who need to contact their judged on ease of use, design, accessibility issue contains a list of conference commit- House member or Senator. Other informa- to the public, technological innovation, tee membership. tion–about visiting the Capitol, state and how effectively the site streamlines The next issue of Senate Briefly will history and symbols, and employment government and delivers better customer most likely be the final of the year and will opportunities with the Legislature–is also service. 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2 Committee update Agriculture, General saves the state a significant amount of species will appear to take the place of money. If an infestation goes uncontrolled, trees destroyed. Legislation and Veterans he said, the county in which they are Lourey also asked if it is possible to Affairs located could become subject to federal stave off the arrival of the gypsy moth quarantine. forever. With various treatments, Friisoe Gypsy moth measure approved Bob Fitch, from the Minnesota said, the advance of the moth has been Members of the Agriculture, General Nursery and Landscape Association, also reduced from 30 miles per year to between Legislation and Veterans Affairs Commit- spoke in favor of the measure. He said 5 and 7 miles each year. However, he said, tee, chaired by Sen. Steve Murphy (DFL- there will be dire consequences for inter- the moth is still advancing. Red Wing), met Tues., Apr. 30, to discuss state commerce if the gypsy moth popula- “It has slowed down, but it is still a bill clarifying the prohibition on certain tion goes uncontrolled. Nurseries in a coming towards us,” he said. applications of pesticides. The bill, carried county that is under a federal quarantine, Ring asked what happens if a county by Murphy, effectively allows the applica- he said, will be limited in their ability to or state is placed under a federal quaran- tion of pesticide in heavily populated sell stock outside of the county. tine. Friisoe said all goods exiting a areas to stop the spread of gypsy moths in “If gypsy moths aren’t controlled it quarantined area must be inspected for Minnesota. It allows pesticide to be will affect the nurseries’ ability to do gypsy moths one by one for approval. He applied in two locations in Minneapolis business,” he said. used the example of such products as where the moths have recently been Tom Baumann, from the Division of Christmas trees or lumber from Michigan discovered. Forestry within the Minnesota Department which, he said, due to infestation there, S.F. 3463 adds exceptions to current of Natural Resources, said the issue is also must all be inspected for the moth. Buzicky law that prohibit the direct application of a forestry issue. Gypsy moths, he said, will said treatment costs in Wisconsin cost at pesticide on humans. The measure instead kill trees. He said some states have lost half least $3 million each year. allows the direct application on humans of their forest cover as a result of gypsy Lourey said she believes there is a when the pesticide is intended for use on moth infestation. need to respond to the problem of the humans, or when no practical and effec- “The potential for major damage to gypsy moths. However, she added that she tive alternative method of control exists, the forests is very real,” he said. was concerned that the bill was too general the pesticide label does not prohibit an Sen. Ann Rest (DFL-New Hope) and too broadly written. It is better, she application that may result in human asked what kind of outreach information is said, to deal just with the emergency exposure, the pesticide is among the least taking place in the affected communities. situation and then revisit the rest of the toxic available for control of the target Responding, Greg Buzicky, from the issue at a later date. She asked if it was pest and residents in the area sprayed are Department of Agriculture, said the better to include language specifying that provided with information regarding the department is working with community the bill deals only with the gypsy moths. application by direct notification or and federal agencies. He said a number of Buzicky said he did not believe that through a newspaper of general circulation well-attended public meetings have taken the bill is too broad. But, he said, the within the affected area. The measure is place, notification has appeared in local language allows the measure to be used for effective on the day after final enactment. newspapers and three direct mailings have more than just gypsy moths. He said he Murphy said the bill is in response to an been initiated. A media event for televi- doesn’t want to interfere with other opinion from the attorney general reaffirm- sion coverage, he said, is also planned for applications of pesticides that may ing current law that prohibits spraying some time in early May. currently be going on. He also said he pesticides in heavily populated areas. Sen. Twyla Ring (DFL-North Branch) doesn’t want to interfere with applications Geir Friisoe, from the Minnesota asked if the pesticide to be used is the same of pesticides to prevent disease outbreaks Department of Agriculture, testified in pesticide that was responsible for killing such as the West Nile Virus, which may be support of the bill. Friiscoe said gypsy thousands of butterflies recently in needed in the future. Buzicky also said the moths–called in department literature the Gaylord. Buzicky said it is not the same same enforcement and investigative most destructive overall pest of trees and pesticide. It is, he said, the same pesticide procedure that has always been used will shrubs in America–are a federally quaran- that is used by organic farmers. be used to check any potential violations. tined pest. He said 60 percent of Minne- Sen. Becky Lourey (DFL-Kerrick) Sen. Kenric Scheevel (R-Preston) sota is “highly susceptible” to their feeding asked what has been happening in the spoke against Lourey’s suggestion. He said habits, which include feeding on aspen Northeastern states that are already under he would not like to be in a situation and oak trees. Gypsy moths were imported federal quarantine. She asked if natural where something else happens and the to America in 1869, he said, as part of a predators have developed, and if destroyed state is unable to deal with it. When the silkworm experiment that went wrong. He trees have eventually returned. Legislature adjourns, he said, he wants to said they have slowly been spreading west “Does it ever get better?” she asked. make sure that the state in not in a position ever since. Friisoe said that the state has Baumann said “better” is a subjective where it can’t react to other situations that been monitoring the gypsy moth in term. Natural predators have developed, arise. Murphy said he didn’t want to limit Minnesota for about 25 years. Whenever a he said, and the effects of the moth have the bill to just dealing with gypsy moths. pocket is found, he said, it is dealt with. balanced out. However, he said, the People will be upset, he said, if there is an He said two significant infestations have productivity of the forest is reduced outbreak of something like the West Nile recently been discovered in the Minne- dramatically. He also said, from a wildlife Virus. He said he doesn’t want to tie the apolis area. Eradicating them, he said, and forestry perspective, less-desirable tree hands of the state.
3 Senate Highlights However, Lourey said she was still not allow mosquito and forest tent John Stuart, state public defender, uncomfortable with the bill. What the caterpillar spraying to take place. They are testified regarding the amendment. He said measure is controlling, she said, is not not classified, she said, as “invasive he had concerns that the criminal provi- defined. She asked if a list of targets can be species.” sions would be too broad. However, he added. She also said there are ramifications In response, Liemandt said that under said the amendment is narrowly tailored. for not being careful. Pesticides, she said, a strict interpretation Ambroz is correct. Specifically, he said he was pleased with can cause certain diseases. She said that she The amendment, he said, is written in a the posting requirements in the trespassing wants to make sure that the problem at limited manner. However, he said, that is provision because, he said, it is important hand is addressed, along with any potential not intended by the amendment. He said if that people know they shouldn’t be in problems, and leave the rest for further pesticides are being applied under current certain areas. debate. law, spraying for mosquitos and forest tent “I think that’s an appropriate way to “We have to have some kind of surety caterpillars still can continue. The require posting,” he said. that what we’re doing is responsible,” she amendment was adopted. The bill was However, Hilary Caliguiri, from the said. approved and re-referred to the Environ- Office of the Attorney General, said the Responding, Friisoe said it is almost ment and Natural Resources Committee. language regarding probable cause may be impossible to anticipate the bugs and other problematic. She said police officers know things that might appear in the future. “It CONFERENCE COMMITTEES and understand what the term means, but becomes very difficult and problematic,” security guards and other types of company he said. Anti-terrorism employees do not. Requiring there to be Murphy presented an amendment– probable cause, she said, raises the possibil- which keeps parts of the original bill while Amendments introduced ity of a civil suit if the probable cause is adding new language–to take into account Members of the Anti-terrorism not found to be justified. She suggested Lourey’s concerns. The amendment adds Conference Committee, chaired by Sen. changing the language to require a the specification that pesticides may be Jane Ranum (DFL-Mpls.) and Rep. Rich “reasonable suspicion” to detain someone applied when it is for control of the gypsy Stanek (R-Maple Grove), considered instead. The phrase, she said, is less of a moth or other invasive species, the several amendments to the bill at their term of art and establishes a lower stan- pesticide used is a biological agent and it meeting Wed., Apr. 24. dard. She also said the phrase protects is for a public health risk. The amendment The amendments, said Ranum, are the potential trespassers as much as needed. also further defines “direct notification.” product of conversations between a small Sen. Mee Moua (DFL-St. Paul) asked Murphy said the amendment deals with number of conferees and professionals who what the definitions of “promptly” and Lourey’s concerns without tying the hands deal with the issues involved. She said the “reasonable period of time” were. Scott of the department. measures are meant to be specific and Hersey, from the Dakota County Lourey noted that the language from clear, and are only to deal with terrorist Attorney’s Office, said the term “reason- the original bill that allows application related incidents. The bill, she said, is not able” is used throughout current law. He when the pesticide label does not prohibit an omnibus crime bill. The amendments said a judge makes the eventual determi- an application that may result in human were brought up for discussion only and nation whether something is reasonable or exposure is not found in the amendment. were not voted on. not. Regarding the use of the word She moved to re-include it. One of the amendments establishes “promptly,” Hersey also said that those Paul Liemandt, from the Department penalties for individuals causing damage– involved in the drafting of the amendment of Agriculture, said the deletion of the with the intent of disrupting service–to the didn’t want to specify a certain time language is meaningless. Federal and state property of critical public service facili- period–like 1 or 2 hours. They wanted to law, he said, already requires pesticide to ties, utilities and pipelines. The amend- avoid, he said, requiring a specific cut-off ment allows employees of the facilities to be used in conformity with current law. He time. Phil Carruthers, from the Ramsey detain individuals believed to be in said the language in the original bill was violation of the provision if there is County Attorney’s Office and representing just reiterating that requirement anyway. probable cause to do so. According to the the County Attorneys Association, said the Murphy said that current law already measure, the person detained must be reasonableness of something is the subject covers Lourey’s concern. He also said that promptly informed of the purpose of the of much discussion and litigation. He said there are measures that can be taken if detention and may only be detained for a using “reasonable”–instead of a specific people violate the law. reasonable period of time. The amend- length of time–makes sense in Minnesota “It can get pretty severe,” he said, “and ment also provides penalties for individu- because of the size of the state. In rural [pesticide applicators] know that.” als found trespassing on the grounds of a areas, he said, people may be far away from Nevertheless, Lourey said she would critical public service, utility or pipeline law enforcement personnel. As a result, he rather keep the language in as an added and requires that such facilities be posted said it is reasonable to assume that it will reminder. Her motion to reinstate the for trespassing. The measure also allows take much longer for law enforcement to language, however, was defeated. employees to detain individuals believed become involved in a situation in a rural Terry Ambroz, executive director of to be in violation of the trespassing area than it will take in the Metropolitan the Minnesota Agricultural Aircraft provision and specifies that employees are Area. Association, testified regarding some not civilly liable for any detention Another amendment defined a crime concerns with the amendment. She said authorized and conducted in conformity committed to “further terrorism” as a the new language in the amendment does with the provision. felony crime involving violence to persons
4 Committee update or property intended to “terrorize, intimi- exclude dangerous crimes not meant to be smallpox–that it is a crime to possess, date or coerce a considerable number” of classified as terrorism as well as stupid manufacture, sell or buy. Caliguiri said she people in addition to the direct victims of pranks. was troubled that the provision regarding the attack and to “significantly disrupt or “I think this has been carefully worked prohibited substances only makes it a interfere” with government, commerce or out and I think it is a good way to go,” he crime if the substances are in “levels the right of assembly. The amendment said. dangerous to human life.” If a trace makes the statutory maximum for a crime Caliguiri said she was troubled by the amount is found, she said, there would not committed in the furtherance of terrorism use of the phrase “considerable number” of be a crime at all. 50 percent longer than the statutory people in the definition of crimes commit- maximum for the underlying crime. The ted in the furtherance of terrorism. She “For that not to be a crime causes measure also adds to the definition of first didn’t know, she said, how many people some concern,” she said. degree murder an act that causes death are included in a considerable number. However, Sen. Thomas Neuville (R- while involved in a crime to “further “I am concerned about that use of the Northfield) said he was not concerned terrorism and the death occurs under term,” she said. about the language. The provision, he circumstances manifesting an extreme Members also looked at an amend- said, also specifies that it is a crime if there indifference to life.” ment that defines biological agents, toxins, is “intent to cause injury to another.” If Stuart supported the sentencing weapons of mass destruction and simulated there is an intent to harm, he said, an enhancement. He said the amendment was weapons of mass destruction and provides individual can be prosecuted regardless of written so as not to be too broad. He also penalties for their use. The measure also how much of a substance is discovered or said the terrorism definition is written to lists prohibited substances–such as used.
Senators Edward Oliver (R-Deephaven), left, and Martha Robertson (R-Minnetonka) converse on the Senate floor Thurs., May 2. Photo by David J. Oakes
5 Committee update Hersey said he was concerned that or causing disruption of another’s activities status and could be unnecessarily detained language in the provision relating to from 5 years to 10 years. The amendment by police. The changes, he wrote, could threats involving real or simulated raises the fine for the threats from $10,000 affect Minnesota’s reputation as a state that weapons of mass destruction is too broad. to $20,000. The amendment also raises the welcomes international business. Specifically, he pointed to language jail sentence for people claiming a bomb Craig Peterson, from the University of specifying that whoever commits an act threat–whether or not a bomb has actually Minnesota, said that visa expiration dates that “causes the disruption of another’s been placed–from 3 to 10 years and the for foreign students and researchers change activities” might pull in a number of fine from $3,000 to $20,000. Discussion often. He said the plan could result in situations that were not intended. Stuart on the amendment was brief. Hersey said them being taken into custody when they also said the language is too broad. He said the penalty increases were appropriate. have not violated their status at all. The that using such language could make an Out of concern the language was too University has approximately 3,500 incident directed at one individual fall broad, members discussed changing the foreign students and researchers. Also, under the provision. It sets up the possibil- language dealing with “another’s activi- Medtronic immigration attorney Michelle ity, he said, of including personal conflicts ties” in each of the previous two amend- Miller described how a Sri Lankan between two people that are not terrorist ments. The language considered deletes electrical engineer for the company was situations. He said it could even apply to “another’s activities” and replaces it with stopped several times after Sept. 11 an ex-spouse sending talcum powder–in an “serious public inconvenience.” The “because of the way he looked.” attempt to look like a dangerous sub- language also changes each reference to However, several House members said stance–to another ex-spouse. Such “disruption” to “inconvenience.” How- the plan is meant to tighten the state’s incidents, he said, are not comparable to ever, members wanted to continue to think identification system in order to stop causing the evacuation of a building or to about the possible change and no motion foreign terrorists. It does not, they said, other incidents involving large numbers of was made regarding the new language. stigmatize foreign visitors. Tuma said the people. Members also discussed the House plan, originally proposed by the Depart- “I’m concerned it’s overly broad and proposal to color code the drivers’ licenses ment of Public Safety, is similar to could apply to individual conflicts of non-resident foreigners. The proposal measures already established or under between two people,” he said. also links the expiration date of the consideration in other states. Rep. Steve Rep. John Tuma (R-Northfield) said licenses to the end of their legal stay in the Smith (R-Mound), said the plan is an that in today’s world such incidents United States. effort to try to prevent the events of Sept. involve more than just one person. In the Moua read from a letter written by 11 from happening again. time after Sept. 11, he said, it was reported Teresa Nelson, legal counsel for the Members also looked at an amend- that a building was evacuated after Minnesota Civil Liberties Union. In the ment dealing with open meeting laws. The someone sent a letter with white powder to letter Nelson said it is the belief of the measure allows a public body to hold a their boss. Stuart, however, said that that MNCLU that the provisions in the private meeting–by a majority vote in a incident falls under the provision anyway proposal “violate the equal protection public meeting–to discuss security matters. because large numbers of people were clause of the 14th Amendment of the Under the proposal, the public body’s affected by the action. Constitution by singling out individuals legal counsel must be present at any closed Paul Liemandt, from the Minnesota based on their status as non-citizens.” If the meeting, all decisions related to the closed Department of Agriculture, said he was provisions pass, she wrote, a federal lawsuit meeting must be discussed and made at an concerned with two elements in the challenging their constitutionality would open meeting, the proceedings must be amendment. First, he said many fertilizers be considered. recorded and written minutes must be and pesticides that farmers use can be Several people also testified regarding taken. The recording must be kept for no classified as weapons of mass destruction. the proposal. In a letter to members, Bob less than 2 years and the minutes must be Also, he said the measure, through a Ernt, international human resources kept for no less than 10 years. Both may be provision excusing individuals from civil manager for Cargill, wrote that the destroyed in accordance with the record liability if they can provide evidence that company has 90,000 employees in 57 retention policy of the public body after the conduct engaged in was in accordance countries. He said that many Cargill the required time has expired. The with law, shifts the burden of proof to employees from outside the United States measure expires June 30, 2005. those involved in agriculture to prove they travel to Minnesota for temporary work Members also discussed Capitol are using certain products for agricultural assignments using U.S. work permits. He Security needs and qualifications for purposes only. He asked if the intent of the said that when permits expire, extensions HAZMAT drivers. No action was taken on amendment was to shift the burden of are filed. It is not uncommon, he said, for any of the matters discussed. proof to farmers. Ranum, however, said workers to be waiting for approval for the there must be an intent to cause injury for extension while their permit has already Emergency health powers anyone to be prosecuted. With Ranum’s expired. Under the proposal, he wrote, response, Liemandt said his concerns were such individuals could no longer hold Bills compared alleviated. Minnesota driving privileges. He also Members of the Emergency Health Members considered another amend- wrote that it is the company’s understand- Powers Conference Committee, chaired by ment that raises the jail sentence for ing that under the proposal, the drivers’ Sen. John Hottinger (DFL-Mankato) and making violent threats to terrorize another licenses of such individuals would Rep. Richard Mulder (R-Ivanhoe), individual, causing evacuation of a place incorrectly state the employee is out of gathered Mon., Apr. 22, to hear a side-by-
6 Senators Ann Rest (DFL-New Hope), left, and Deanna Wiener (DFL-Eagan) confer during the Thurs., May 2, floor session. Photo by David J. Oakes side comparison of the House and Senate leadership about the possible public declaration. The termination would bills. Brief public testimony was heard as impact of a declaration. However, the override any renewal by the governor, well. House language only allows the governor according to the House bill. Loehrke Senate Legislative Analyst Katie to call a peacetime emergency when the described another House-only provision Cavanor and House Legislative Analyst Legislature is in session, or the governor that grants the governor the authority to Elisabeth Loehrke alternatively described calls the Legislature into session, she said. ensure the safe disposal of dead bodies due the various provisions in the bills. While The House and Senate proposals also to a bioterrorism event. the House language refers specifically to differ on declarations due to bioterrorism. Cavanor said that both bills have incidents of bioterrorism throughout its According to the bills, the House language provisions that state patients have a right proposal, said Cavanor, the Senate requires the governor to consult with the to refuse medical treatment in the event of language refers to qualifying incidents as commissioner of health and other public a public health emergency, but the public health emergencies. She said the health officials before declaring an commissioner of health has the right to Senate plan grants the governor specific emergency due to bioterrorism, but the quarantine patients who refuse treatment authority in a number of areas in the case Senate language requires the governor to or examination. The difference between of a public health emergency, including confer with the same officials only as the bills, she said, is that the Senate bill isolating stricken citizens and directing needed before declaring a bioterrorism directs health care providers to notify state personnel to respond to the emer- emergency. The House bill also contains a individuals of the right to refuse treatment. gency, while the House does not. Regard- provision that makes a national security or The House bill, on the other hand, has ing a declaration of a peacetime emer- peacetime emergency declared due to a several provisions related to the isolation gency, Cavanor said, the Senate bill bioterrorism event automatically terminate and quarantine provisions, Cavanor said. requires the governor and the commis- after 30 days and allows the Legislature to Unlike current law, which allows the sioner of health to report to legislative terminate an emergency at any time after commissioner of health to determine rules
7 Committee update pertaining to quarantined individuals, the public, but the department lacks clear Department of Health Commissioner House plan establishes due process authority. Jan Malcolm said that the Senate version requirements for the commissioner to Sen. Don Betzold (DFL-Fridley) asked of the emergency health powers bill is follow, and requires the commissioner to Leitheiser what would be the reaction of more helpful. “In the beginning of a crisis, obtain an ex parte court order authorizing the Department of Health in the case of a we won’t know what is the cause,” isolation or quarantine except in certain release of smallpox in a large public area Malcolm said. “We need the ability to cast circumstances, she said. According to the like the Metrodome. Leitheiser said the net broadly at the beginning to House proposal, quarantined individuals depending on the nature of the problem, identify the risks, then implement the have the right to a court hearing to contest the department wouldn’t necessarily hold appropriate prevention and control the quarantine order within 72 hours of people in the Metrodome. “Containment measures. I believe there are ways to receiving the request. may not always be possible, or even achieve the specificity the House seeks Other differences in the bills include effective,” she said. with broader flexibility in the beginning.” provisions relating to a proposed study of Malcolm later emphasized that the powers Sen. Warren Limmer (R-Maple emergency health powers issues, the sunset granted by the legislation would only be Grove) asked what would be done in date of the bill and the effective date of invoked in extraordinary circumstances. the legislation. response to a situation like the nerve gas “We are in a better position today to Department of Health official Aggie attack in the Japanese subway several years identify these issues,” she said. Leitheiser said that in the event of a ago. Leitheiser said the Department of Public testimony was given by Diane bioterrorism event, the department has Health efforts would be focused on triage, Miller, a representative from Minnesota broad powers, but an undefined role. “We decontamination, and dealing with public Natural Health. Among her observations welcome some process and procedures that anxiety. Department of Public Safety and objections to the proposed bills, will help define our role,” she said. official John Kerr said the procedures that Miller said she was troubled by the Leitheiser said the current role of the would be followed are similar to those implications of the security language department is focused on conveying established for a nuclear power plant provisions. “For the first time in the state, information, education, and advice to the accident. when a peacetime emergency for
Having recently won the world championship in color guard competition, members of the Irondale High School color guard perform in front of the Capitol Mon., Apr. 22. Photo by Shelley Hawes
8 bioterrorism is called, you will have the Members also discussed proposed that no moratorium will be placed on Xcel impact of martial law,” she said. ergonomics standards offered in the Senate Energy’s ability to seek competitive bids version of the bill. Commissioner of the for new power. “I’ve always had a real Omnibus jobs bill Dept. of Labor and Industry Shirley Chase problem interfering with that process,” said the department is not in favor of the Wolf said. The agreement also, he said, Language adopted ergonomics language in S.F. 3431, but states that the Legislature encourages the Members of the conference committee does promote doing something about project to seek, and receive, grant funds for ergonomics. About 40 percent of work- on S.F. 3431, the omnibus jobs bill, coal gasification. “We’re trying to do as related injuries, Chase said, are related to adopted several sections of similar and much as possible to keep this project alive musculoskeletal disorders (MSDs). “For my identical language during their meeting without putting it into law,” Wolf said. opinion, it doesn’t have to be an all-or- Fri., Apr. 19. House conferees also agreed On behalf of Xcel Energy, Carl nothing approach,” she said. Chase said the Lehman said the company is happy to to adopt several economic development current workplace accident and injury stipulate it will not initiate the bidding provisions in the Senate version of the bill. reduction (AWAIR) program allows the process before April 2003 unless there is a Among the Senate provisions adopted department to work with employers and major power malfunction or a previously by conferees is language granting the Iron safety groups. She said results can be more accepted bid falls through. He said the Range Resources and Rehabilitation quickly achieved without the statutory company’s participation in the agreement Board (IRRRB) authority similar to requirements for standards in the Senate was conditioned on a statement from authority already granted to the Dept. of bill. McElroy said that a non-statutory Excelsior Energy, which is developing the Trade and Economic Development solution may be a simpler one. Brad Lehto, proposed plant, that it will not seek a (DTED) for trade promotion. The measure representing the AFL-CIO, said his Legislative mandate that Xcel must buy allows the commissioner of the IRRRB to organization wants a seat at the table if any power from the Mesaba plant. spend taconite tax receipts dedicated to task forces are created to consider ergo- Everyone has an interest in the the IRRRB in the promotion of tourism, nomics rules and MSDs. Ergonomics are a project, said Rep. Dan McElroy (R- trade and development. Rep. Anthony major issue for all employees, regardless of Burnsville), committee co-chair. “There “Tony” Sertich (DFL-Chisholm) said the union status, he said. “We do have a strong are economic development aspects to this authority will allow the IRRRB to become feeling about whether something is called issue,” he said, that extend beyond the Iron less reliant on state agencies to bring a guideline or a standard, regulation or Range. He said the project meets three of prospective employers to the Iron Range. rule,” Lehto said. The last three terms have four criteria he uses to consider power Conferees also agreed to increase the an OSHA enforcement mechanism, he generation issues: it offers good paying maximum value of a microenterprise loan said. Most businesses are very good and jobs, increases property tax receipts to the to $25,000 from $10,000. Sen. Ellen will work with safety groups, Lehto said, state and addresses major environmental Anderson (DFL-St. Paul), committee co- but there are always some bad actors that concerns by being in Minnesota. McElroy chair, said the provision is essentially laws must address. said he has more faith in Minnesota’s inflationary and allows the loans to meet Conferees briefly discussed the long- environmental regulations and regulators the realistic needs of business develop- term future of the dislocated worker and than those in other states. The fourth ment. Two other provisions–repealing youthbuild programs. However, they criterion, which McElroy said the project annexation authority given to the city of agreed to save detailed discussions about does not fully address, is the problem of Chisago and allowing for waivers for cost the programs and proposed policies for power transmission. The project does not allocation limitations–were also adopted. future meetings. decrease the cost or distance of transmit- A major concession made by the ting generated electricity to the region House was to accept the temporary Mesaba agreement reached demanding it. increase in the unemployment insurance Members of the conference committee Conferees then turned to discussion of base tax rate to 0.38 percent during 2003. on S.F. 3431 met Tues., Apr. 23, to adopt an offer made on behalf of the Senate by Committee co-chair Rep. Dan McElroy an agreement reached on proposed Sen. Ellen Anderson (DFL-St. Paul). (R-Burnsville) said the House considers a language regarding siting a power genera- Anderson, committee co-chair, said the temporary increase in the rate as good tion facility in Northeastern Minnesota. offer addressed two main issues: revenue public policy because of specific circum- Sen. James Metzen (DFL-South St. Paul) for various funds and unemployment stances relating to the receipt of federal said there had been hours of discussion benefits. “We appreciate that we’ve made money. He said the business community about the proposed Mesaba Energy progress so far,” Anderson said, on the agrees with the temporary increase because Project. “We’ve agreed on some study revenue side. She said the Senate is businesses will save money in the long- language which hopefully will get the concerned about the Dislocated Worker term. Without the one-year increase the door open for the group in Washington, Fund, because more money is needed to unemployment insurance fund would risk D.C.,” Metzen said. The project’s goal is to sustain the fund through 2003. The Senate a situation requiring borrowing federal build a coal gasification powerplant on conceded to the House position on the money, according to state agencies and the site of an old LTV mining operation. Workforce Development Fund, Anderson legislative staff. By temporarily increasing Rep. Ken Wolf (R-Burnsville), who said, by halving the Senate request for a the rate, the fund will not have to borrow worked with Metzen on the language, said fee increase for the development fund. money and businesses will not have to pay “I have to tell you, the Senate moved an On the benefits side, Anderson said, the interest on the loans, McElroy said. awful lot on this.” The result, he said, is the Senate is offering its original position
9 Committee update because the Senate conferees “have not constituents that they should pay for job willing to learn the trades. Selinski was found a fair and equitable way to resolve loss in Greater Minnesota. Anderson joined by alumni of his youthbuild the issues differently.” She said she, and agreed, saying it wasn’t fair to people in program, including Greg Mason. others, do not understand why it is okay to the Metro Area who were laid off. “It is “Youthbuild gave me hope,” Mason said. extend benefits for Fingerhut employees, very difficult to tell people in our commu- “When you look at me, you could see 100 for example, in St. Cloud but not in the nities that people in Greater Minnesota of me, you could see 1,000 of me,” he said, Metropolitan Area. More confusing, she need help and extra time but you don’t,” “but youthbuild gave me the resources to said, is that the House and Senate do agree she said. Anderson also said the broader change my life, it was not just something to on offering an extension to airline extension proposed by the Senate will not show up to.” Conferees set aside the employees in the Metro Area. Anderson break the bank of the funds. youthbuild issue for further consideration. said the Senate position comes out of a McElroy said his concern is not the need to respond to the unique circum- short-term cost of the extensions, but the Elements of offer accepted stance the state is in after the devastation long-term cost. “When do we stop?” he Conferees adopted four elements of a wrecked on the state’s economy by the asked. The cost of the program, McElroy House offer on the omnibus jobs bill terrorist attacks and the recession. “We said, may increase by up to 60 percent. He during a meeting of the conference don’t think this is a precedent because the said that Sept. 11 was unprecedented, but committee on S.F. 3431, co-chaired by circumstances will not be repeated,” she the recession was not. “We will have Sen. Ellen Anderson (DFL-St. Paul) and said. recessions again,” McElroy said. Rep. Dan McElroy (R-Burnsville). Anderson concluded the offer by Members also discussed proposed McElroy began the Fri., Apr. 26, meeting moving the Senate positions on various language regarding the use of youthbuild by presenting the House offer, consisting of other issues, including ergonomics, programs in state-funded construction 13 elements. background checks and unpaid leave for projects, especially for early childhood Under the offer, conferees accept foster parents. education facilities. Rep. Barb Sykora (R- identical language on redevelopment McElroy said that no state in the Excelsior) said that youthbuild programs, grants and language, negotiated by Sen. nation has done what the Legislature is which use adolescents on construction James Metzen (DFL-South St. Paul) and proposing to do for displaced workers. projects and teach the youths workplace Rep. Ken Wolf (R-Burnsville), relating to While the benefit extension may not set a skills, are not available statewide but that a proposed energy project in Northeastern precedent, he said, it will create an the need for more early childhood Minnesota. The offer also includes the expectation for the future. In 75 years of education facilities is statewide in scope. House receding from a requirement that unemployment benefits provided by the Sykora said that using youthbuild can also political subdivisions and state agencies state, there have been only 9 extensions of place huge limits on a project because of consult with the Department of Trade and those benefits, McElroy said. Of those 9, insurance concerns and the need to find Economic Development before submitting only 2 were for 26 weeks and none were in suitable work for the youths. Adding social a capital project request to the governor, if the Metro Area. “We cannot move to a programs and goals, she said, does not the Senate recedes from a requirement that place where a year of benefits is the achieve the central goal of building a the Department of Labor and Industry birthright,” he said. Further, he said, the much-needed facility. Patrick McFarland, adopt ergonomics standards. The House House does not believe that Fingerhut Anoka County Community Action offer also accepts a previous Senate offer workers in an area of low unemployment Program, said a facility in his region was on findings for funding the Dislocated with a large job market–such as the Metro one of the first youthbuild projects in the Worker Program with language that insures Area–have the same needs as workers in a state. Ultimately, he said, the project had adequate revenues for the program. smaller job market with a high unemploy- to become two projects: the original plan The House offer also clarifies a ment rate. The Senate position, according and an additional project undertaken previous agreement regarding a temporary to McElroy, will create a dramatic increase solely for the youthbuild workers and only increase in the unemployment tax rate for in the cost of benefits, which will be paid to meet state guidelines requiring 2003. McElroy said the House had agreed by employers. youthbuild. “While [the youthbuild to the increase to 0.38 percent with the The airline industry extension project] was a nice project,” he said, “it understanding that the Senate conferees obviously met some criteria for the House wasn’t as appropriate as it should have would accept the House position on to include it in its bill, Sen. David Johnson been.” making no changes to statutes regarding (DFL-Bloomington) said. The Senate Allen Selinski, representing unemployment insurance eligibility and approached the airline workers extension Guadalupe Alternative Programs in St. the taxable wage base. by trying to address the terrorist attacks, he Paul, said that many factors feed into the Negotiated language regarding said. That situation does not fit neatly into success of youthbuild. The only way to appropriations for wastewater treatment any set of criteria, he said. I share your continue the program, he said, is to get projects and increasing the bonding concern regarding the cost to the system, projects for the youths. Many students that authority for such projects to $1 million is Johnson said, but Sept. 11 demands a were involved in youthbuild, according to also accepted in the offer. The offer also response. He said the solution must then Selinski, go on to get union construction leaves the workforce enhancement fee in focus on the unique circumstances created jobs and pay more in taxes than the place, with the expectation that additional last fall. If extensions continue to exclude program costs. He said that some unions funding for workforce development will the Metro Area, he said, it will be hard for have come to his group looking for help at be provided through transfers from other Metro Area Legislators to justify to their work sites and a group of youths that are funds. The offer accepts a Senate position
10 provide for redevelopment funds to be used for purchasing a brownfield site in the Metropolitan Area to house an armory. Under the offer, employers will not be prohibited from requiring employees or prospective employees to pay for back- ground checks. Language regarding requirements for the use of youthbuild programs in the construction of state- funded early childhood education facilities is left to be negotiated in the bonding conference committee, under the offer. After a brief recess, Anderson said Senate conferees had considered the offer and were willing to accept four points. The panel voted on, and adopted, the identical language on redevelopment grants, the Mesaba energy project language and the wastewater treatment provisions. The conferees also adopted the provision on food service employee wage credits. McElroy said that several issues still to be resolved, that also hadn’t been ad- dressed in the House offer, included unemployment benefit extensions, fund transfers to the Workforce Development Fund and the ability of the Dept. of Labor and Industry to get taxpayer identity information from the Dept. of Revenue. Floor update Thursday, April 18 Agriculture provisions debated Members engaged in spirited debate regarding several provisions related to the omnibus agriculture bill during the Thurs., Apr. 18 floor session. The bill, H.F. 3183, was carried by Sen. Steve Murphy (DFL- Red Wing). The first amendment under consider- ation was brought forth by Sen. Steve Dille (R-Dassel). Dille said the amendment, which has the support of the Department of Natural Resources (DNR), but not cervidae farmers, deals primarily with chronic wasting disease in wild cervidae. In the amendment, importing cervidae Senators Steve Kelley (DFL-Hopkins), left, and Warren Limmer (R-Maple Grove) with wasting disease or from an identified talk legislative strategy on the floor of the Senate during the Thurs., May 2, floor wasting-disease area is prohibited and session. Photo by David J. Oakes farmers are authorized to destroy wild cervidae that enter cervidae farms. Dille on wage credits earned by school food offer, an applicant who does not qualify also said the amendment pertains to all service employees. However, the offer for federal unemployment benefits will not cervidae, not just red deer. provides that the provision sunsets at the receive temporary state benefits. Foster Sen. Jane Krentz (DFL-May Town- end of 2004. parents, under the offer, will not receive ship) offered an amendment to the Several Senate provisions were unpaid leave benefits for school confer- amendment that deletes a line allowing rejected by the House offer. Under the ences and activities. The offer does not the DNR to study cervidae harvesting,
11 Floor update
The Capitol Rotunda provided a venue for the kickoff to National Volunteer Week in Minnesota Mon., Apr. 22. Photo by Shelley Hawes because she said she feared it will lead to additional exemptions in an ongoing ban Murphy pointed out that the DNR and the authorizing farmed cervidae shooting that on outdoor swine basins was brought forth Pollution Control Agency (MPCA) don’t have been rejected by the Senate in the by Sen. Kenric Scheevel (R-Preston). The have a problem with the amendment, and past. Dille said it was an infringement on first section of the amendment exempts requested the two sections of the amend- free speech to tell the DNR that they can’t hog farmers from water contamination ment be voted on separately. even think about a certain issue. Dille said caused by manure runoff directly related to Sen. Keith Langseth (DFL-Glyndon) the language in his amendment allows the extreme environmental conditions, such as said the amendment is a common-sense DNR to think about the issue in a broad heavy rainfall or flooding, Scheevel said. approach. “Overly restrictive regulation is way. The Krentz amendment failed. Sen. Ellen Anderson (DFL-St. Paul) hastening the decline of hog farmers in the Sen. Becky Lourey (DFL-Kerrick) objected to the first part of the amendment state,” he said. However, Krentz opposed offered an amendment that constrains the because it creates a loophole in the the amendment, saying the amendment proposed DNR study that includes interest protection of public waters. “The amend- creates an absolute exemption when the in cervidae harvest. Lourey proposed ment says that if you have runoff from burden of proof of responsibility should be language that restricts the study to the fields that kills wild animals, you aren’t on the polluter. Sen. John Marty (DFL- harvest of wild cervidae, drawing the responsible,” she said. “The clear intent of Roseville) echoed Lourey’s earlier distinction between wild and enclosed the amendment is to take authority away observation that the measure is within the animals. The Lourey amendment failed as from the DNR and the attorney general to territory of the Judiciary Committee. well. abate a nuisance of manure runoff that is Scheevel emphasized that the amend- Krentz offered another amendment killing fish.” ment only protects farmers who are that places the plant Grecian foxglove on Lourey read a letter from Attorney correctly following procedures. “The the secondary noxious weed list. Krentz General Mike Hatch opposing the confusion among people who attack this said the amendment only impacts Wash- amendment. Lourey said Scheevel’s amendment is because they haven’t done ington County because it is the only place amendment should have received a their homework. It’s fear mongering,” he in the state the weed has been found. hearing in the Judiciary Committee. said. Sen. Steve Kelley (DFL-Hopkins) An amendment that exempts live- Scheevel replied that the amendment questioned if the current statutes have ever stock producers from contamination simply reinforces existing statutes and been used in a way that has been detrimen- caused by an Act of God and creates creates consistency between agencies. tal to farmers. “I don’t think there’s been a
12 real case where a farmer has been penal- cides. She said that bees are beginning to years of a budget. Sen. James Metzen (DFL- ized,” Kelley said. Scheevel replied that die in Minnesota, but beekeepers are not South St. Paul), presiding, ruled that the there was an event where a farmer was able to locate where pesticides are being amendment was out of order. cleared of responsibility from contamina- sprayed. Sen. Ellen Anderson (DFL-St. Paul) tion caused by manure runoff by the “There is a real importance on the offered an amendment to move the MPCA, but not the DNR. need to know,” she said. responsibility for monitoring groundwater “That is the disparity I am trying to Sen. Steve Murphy (DFL-Red Wing) pollution from the Department of Agricul- address,” Scheevel said. “If one agency said he understood the plight of the ture to the Department of Health. She said creates an exemption, it is unfair for beekeepers. However, he said he did not the committee under the Department of another agency to continue to prosecute. agree with the method used in the amend- Agriculture formed in the past to deal with The intent is not to create exemptions, but ment to help them. There will be a great the detection of pollutants in the ground- to create consistency.” amount of records, he said, if everyone water has included too many parties–such The first section of the Scheevel who uses pesticides must report their use. as pesticide producers–who have a conflict amendment was adopted. He said it will be extremely expensive for of interest regarding the issue. Rules The second half of the amendment, the Department of Agriculture to comply regarding groundwater pollution, she said, according to Scheevel, continues a ban on with the amendment. The department, he have been poorly enforced. open-air lagoons except in two specific said, obviously does not have the funds Murphy raised a point of order with categories. Krentz offered an amendment that are necessary. Sen. Steve Dille (R- the amendment. He said he doubted that that maintains current restrictions on hog Dassel) agreed with Murphy. He said the the Department of Health has the resources farmers regarding the open-air lagoons, but amendment is too expensive. He also said to take over the responsibilities, and Scheevel replied the amendment repre- the department is working with the nowhere in the amendment are funds sents consensus language from the Generic beekeepers on an individual basis regard- transferred to the department. Anderson Environmental Impact Statement (GEIS) ing ways to solve the problem. said the Department of Administration is on Animal Agriculture. The Krentz “This is an expensive deal, and it is so neutral on the measure. Also, Krentz said amendment failed. expensive, I think we have to defeat it at the Health Department has expressed an Lourey brought forth another amend- this time,” Dille said. interest in taking over the responsibilities. ment to the amendment that restricts the Pointing to the language of the They have stated, she said, that they can size of the exempted agriculture drainage amendment, Lourey said the measure is not take over the responsibilities through an basins to 100,000 gallons. “It’s ridiculous effective until 2004. It is also contingent, interagency transfer. Metzen said the point to start having open-air lagoons again after she said, on the availability of funds of order was not well taken. they’ve been banned for five years,” she necessary to implement the measure. She Regarding the amendment itself, said. Lourey’s motion was rejected. The said the amendment allows the Legislature Murphy said that employees of the second half of the Scheevel amendment to move forward with the debate on how Agriculture Department are well accepted was adopted. to fund the program. She said pesticide by farmers. Others, he said, might not be so Sen. Jane Krentz (DFL-May Town- users, under current law, must already keep well accepted. He said the Agriculture ship) offered an amendment requiring the records regarding pesticide use. The Department is doing the best it can with commissioner of agriculture to prepare a amendment, she said, just requires them to the resources that have been made report for the Legislature on file the records. Lourey said it isn’t good available. Also, he said it is absurd if the nontherapeutic antimicrobial use in for agriculture if too many bees die and Department of Health thinks it can do a animal agriculture in Minnesota. Krentz there is no pollination of plants. She also better job with the same resources. said it costs the United States $6 billion said if bees were the size of cows and “What we have going on right now is each year to deal with resistant bacterial continued to die in the same numbers, the not only farmer friendly, but it is friendly infections. The goal of the report, she said, state would be in an “absolute crisis.” to the environment,” he said. is to protect human health in the state. “This is expensive,” she said, “but not Sen. Jane Ranum (DFL-Mpls.) said “This issue is important,” she said, as expensive as losing our bees.” that people with a little different perspec- “and not acting can be very expensive.” By Murphy raised a point of order tive may be able to see if there are prob- a vote of 35 to 20, the amendment was regarding the amendment. According to lems. She said the issue is a health issue adopted. Senate rules, he said, there must be a way and not just a farm issue. Anderson said it Sen. Becky Lourey (DFL-Kerrick) to pay for any measure brought up. is wrong if anyone is suggesting the presented an amendment requiring However, he said, the amendment deals Department of Health cannot be trusted to commercial and noncommercial applica- with a budget that has already been passed be fair. The amendment failed by a vote of tors of pesticide to file records regarding by the Senate. 24 to 34. By a vote of 41 to 16, the bill their use of pesticides at least twice each Lourey said the amendment has no was approved. year. Under the amendment, the records effect on the 2002-03 budget. It is also, she In other action, a resolution was are to be public, except for the names and said, contingent on the availability of passed that recognized the 2002 NCAA addresses of the customers in the records. funds. National Championship men’s hockey and Lourey said others involved in agriculture, “Nothing happens if we don’t raise the wrestling teams from the University of such as beekeepers, need to know where revenue,” she said. Minnesota. and which pesticides are sprayed. Bees, she However, Sen. Dave Kleis (R-St. Two bills received concurrence and said, die when exposed to certain pesti- Cloud) said the rule also affects the out repassage from members. S.F. 2460,
13 Floor update authored by Sen. Dave Kleis (R-St. authorizes the sale of sparklers and other regulate the sale more carefully. Finally, Cloud), creates civil liabilities for those fireworks novelty items. Debbie Johnson David Johnson said that the bill does not claiming responsibility for criminal also explained that the bill, which have a clear enough definition of fire- activity. H.F. 2473, carried by Sen. Jane originally contained provisions allowing works. Ranum (DFL-Mpls.), codifies that an volunteer firefighters to take unpaid leave Sen. David Tomassoni (DFL- organ donation designation on an when engaged in firefighting duties, was Chisholm) spoke in support of the individual’s driver’s license represents a amended by the conference committee to measure. Tomassoni said the bill does not clear signal of intent to donate. The only remove the volunteer firefighter language. allow the sale of all fireworks, just those change by the House, Ranum said, was to She said that a number of fire chiefs had that are non-aerial and non-explosive. “It name the bill after the late Rep. Darlene appeared before the conference committee is disingenuous to act like fireworks don’t Luther (DFL-Brooklyn Park). and expressed concerns that the measure exist in Minnesota. For the last 60 years, would damage the relationships between Minnesotans have crossed borders into Monday, April 22 employers and volunteer firefighters. other states to purchase fireworks. We are Most of the debate on the measure just trying to make a few of those items Fireworks bill okayed centered on the fireworks provisions. Sen. legal so that we don’t make our citizens The Mon., Apr. 22, floor session was David Johnson (DFL-Bloomington) said criminals when using sparklers.” dominated by a series of extraordinarily he had three concerns with the bill. First, The bill was repassed on a vote of 34- close votes on a variety of issues. Members he said, the measure allows year-round sale 30. narrowly approved a conference commit- of fireworks. Surrounding states limit the Members narrowly defeated a motion tee report on S.F. 2960 that allows the sale sale to the time around the Fourth of July to adopt House amendments to a bill that of non-aerial, non-explosive fireworks. holiday, he said. In addition, David would result in the repeal of the Profile in According to chief author, Sen. Debbie Johnson said the measure allows anyone to Learning. The amendments were attached Johnson (R-Ham Lake), the measure sell the fireworks, while other states to a bill, S.F. 3133, that requires legislative
Members of the New Ulm Battery fire their cannon in front of the Capitol Wed., May 1, as part of the annual celebration of “Freedom Fest.” Photo by Shelley Hawes
14 approval before the commissioner of problem before we become a single payer deleting her previous amendment and health adopts certain rules to the Minne- state.” inserting language that did not require the sota Clean Indoor Air Act. The bill’s Sen. Michele Bachmann (R- quarterly statement. The new amendment sponsor, Sen. Dan Stevens (R-Mora), urged Stillwater) supported the amendment and requires schools to have a discussion with members to concur with the House said, “It is imperative that we pass the students, at the beginning of every school amendments to the bill and repass the amendment because of the damage done year, about the history of the Pledge and measure. Stevens said, “Normally, I would by the underlying bill, which advocates a reasons for reciting it. The Pledge leader not attempt to concur with an amendment state run monopoly. We need to get rid of must also discuss with students, under the of this magnitude, but the Profile has not all these mandates and let the free market amendment, that persons may choose not demonstrated what the Legislature work. We can always count on the free to recite the Pledge and should not be intended and needs to be repealed or market to do the right thing.” considered unpatriotic for making that significantly changed. I think the Profile Sen. Linda Berglin (DFL-Mpls.) choice. has been a failure.” countered and said, “Let’s have a proper Moua said she was offering the Without debate, the Senate pro- perspective on this. The districts have amendment on behalf of the American ceeded to vote on the motion to concur. come to us to ask for help in providing Legion and Veterans of Foreign Wars Because several members had been them with a little more clout in the (VFW). She offered her earlier amend- excused from the session, the voting board marketplace. This is not a big government ment, she said, because of legitimate was held open until those members arrived solution.” concerns that children and individuals in the chamber. After nearly an hour, the Sen. Linda Higgins (DFL-Mpls.) and who opt out of recitation will be tainted motion to concur was defeated on a 33-33 Sen. Steve Murphy (DFL-Red Wing) both for exercising their rights. In the six weeks vote. spoke against the amendment and said that since the previous debate, Moua said, “to In other action, the Senate also the underlying bill was for a study and not some people, I have become the anti- adopted the conference committee report an attempt to eliminate private companies Pledge of Allegiance queen.” She said she on the omnibus game and fish bill. S.F. in the state. has always been proud of America’s 2674, authored by Sen. Jane Krentz (DFL- The amendment failed on a vote of veterans, even though several letter writers May Township), makes numerous changes 15-50. The bill was granted final passage have questioned her own patriotism. Moua in the laws relating to hunting and fishing. on a vote of 46-15. shared with Senators letters she has Krentz said one of the major changes in the received on her amendment. Among the bill made by the conference committee Thursday, April 25 letters was one questioning what religious was to provide for a motorized trail study convictions a person could have that to review, advise and provide recommen- Pledge bill resurrected, okayed would prevent Pledge recitation and dations on the use of off-highway vehicles Members returned to consideration of calling on Moua to resign. Another said, “I on state forest lands. The language a bill that requires the Pledge of Alle- absolutely believe that those who choose providing for the study replaces Senate giance be recited on a weekly basis in not to say the Pledge are unpatriotic.” language limiting the use of ATVs on state “I can safely say that the veterans I public and charter schools. H.F. 2598, forest lands. The bill was repassed 60-0. know wouldn’t say these kinds of things,” which had been progressed for more than a Members also granted final passage to Moua said. She said her new amendment month, gained final passage during the one bill on the Special Orders Calendar. avoids the required statement in favor of floor session Thurs., Apr. 25. Authored by S.F. 1755, authored by Sen. LeRoy Stumpf creating a teaching moment centered (DFL-Thief River Falls), establishes a Sen. Mady Reiter (R-Shoreview), the bill around the Pledge and patriotism. committee to gather information and make also mandates schools to include weekly Sen. Deanna Wiener (DFL-Eagan) recommendations for the design of a civics education, discuss the history of the said people who do not want to have a school employee health insurance plan. Pledge with students and teach flag civil discussion about mandating the Stumpf said the goal of the study is to find etiquette. The measure also allows school Pledge “miss the point of what we do in ways to reduce the costs of health care districts to waive the requirement by the Senate.” After the previous debate, coverage for school employees throughout majority vote of the school board. Wiener said, a representative of the the state. During previous consideration of the American Legion wanted to know what Sen. Mady Reiter (R-Shoreview) bill, Sen. Mee Moua (DFL-St. Paul) could be done to make the Pledge bill offered an amendment to reduce the offered an amendment requiring teachers become law. After arranging discussions appropriation and change the focus of the or others who lead the Pledge recital to between major players, including the study to proposing methods of increasing read a statement, once every quarter, Legion, VFW and Moua, the language in the number of health insurers operating in saying that those who choose not to recite Moua’s new amendment was agreed upon. Minnesota for the purpose of fostering the Pledge should not be considered In fact, Wiener said, a Legion governing competition and improving availability unpatriotic, but may have convictions body passed the amendment as language and affordability of health insurance preventing them from joining in recita- that it would support as part of the bill. products. Reiter said, “The problem is that tion. After the amendment was adopted, “It is not in the province of the state to we don’t have enough for-profit compa- H.F. 2598 was set aside for further consid- make editorial judgments,” said Sen. nies in the market. The amendment studies eration. Michele Bachmann (R-Stillwater). She ways to invite more companies into When the bill returned for consider- said the original Moua amendment, Minnesota. We have got to solve the ation, Moua offered an amendment containing the disclaimer, worried her
15 Floor update because it was a warning signal that tion mandating recitation of the Pledge. Knutson (R-Burnsville), regulates the seemed similar to the warnings on alcohol What Legislators forget, Foley said, is that dissemination of data between schools, law and cigarettes. She said the new amend- when someone does not join in recitation, enforcement and the juvenile justice ment is good because it creates discussion; the consequences can extend beyond the system. Sen. LeRoy Stumpf (DFL-Thief however, it still contains the editorial classroom. He said students may be bullied River Falls) sponsored H.F. 2970, which comment. Bachmann offered an amend- for exercising their rights. Foley also said authorizes counties to raise snowmobile ment to the amendment striking language that many schools have students moving limits on certain lakes. S.F. 2363, authored requiring the Pledge leader to tell students into the district and classroom during the by Sen. David Johnson (DFL- that persons who do not say the Pledge are middle of the year, which would mean the Bloomington), limits the use of credit not unpatriotic. new students have missed the opening information, including credit scoring. Sen. Sen. Don Betzold (DFL-Fridley) said discussion about the Pledge. Dan Stevens (R-Mora) carried S.F. 3168, the statement is not political. “Students Sen. John Marty (DFL-Roseville) said which provides for a bidding exception for should be aware that we’re not testing Pledge recitation is a very divisive issue water tank service contracts and authorizes patriotism by whether you say the Pledge that will now reach into local schools, if an agreement for the city of Walker to or not,” he said. Reiter said a major the bill is passed. It is important to maintain and operate the state’s water agreement had been reached on the bill, remember what was in the letters Moua tower at Ah-Gwah-Ching. which would include the language in the read, he said. There are plenty of people Moua amendment, and she thought both who will question others’ patriotism, Marty Monday, April 29 caucuses and the groups involved had said. If they will question a Legislator, he agreed to pass a Pledge bill containing the said, imagine what they will do to chil- Hennepin County bill repassed amendment. dren. Marty related an incident that During a short session Mon., Apr. 29, Bachmann said she had spoken with a happened several years ago after a debate members of the Senate granted concur- local Legion commander recently and he on a different flag-related issue. He said a rence and re-passage to one bill amended had expressed concern regarding any group came into his office and took away and passed by the House. warnings attached to the Pledge bill. She his American flag, which he had kept on S.F. 2568, carried by Sen. Ann Rest said the Legion commander said his display since taking office. “Somehow, I (DFL-New Hope), removes from current group’s goal was to get all students to say wasn’t their kind of patriot because I didn’t law provisions that prohibit Hennepin the Pledge regularly. Bachmann withdrew agree with them politically,” Marty said. County from leasing real property for more her amendment and offered a different He also said the worst thing the Senate can than five years and from building more amendment that said students will not be do is mandate patriotism. “The best way to than one off-street parking facility in penalized for opting out of recitation. teach any value is not by mandating it but Sen. Steve Kelley (DFL-Hopkins) said by teaching them through example,” he Minneapolis. The bill also requires the the U.S. Supreme Court had already ruled said. The reality is that people–Legislators, city council of the city in which any that students cannot be penalized for not teachers and children–will be stigmatized additional parking facilities are to be saying the Pledge. The question here, he for exercising their rights, Marty said. located to approve of any new facilities said, is whether students who do not say Speaking in favor of the bill, Sen. that are not specifically acquired or the Pledge should be treated as unpatri- Dean Johnson (DFL-Willmar) said saying bettered in conjunction with or primarily otic. Even members of the Legislature who the pledge unites people. “I see the Pledge to serve any county public buildings for question the wisdom of a mandate are of Allegiance as bringing about a common county purposes. The terms of the bill are called unpatriotic, Kelley said. “What will purpose,” he said. “We ought to approach effective after local approval is given by happen to a schoolkid who doesn’t go it as a matter of our values,” Johnson said, the Hennepin County Board and its chief along with the rest of the class?” he asked. “and pass those values onto our children–a clerical officer. The courts have ruled that students cannot commonality.” He said he understands the be penalized, Kelley said, now the ques- opposition to mandates, to forcing Thursday, May 2 tion is if they can be stigmatized. children to do something, but he said the On voice votes, the Bachmann Pledge mandate does not impose a state Transportation policy okayed amendment to the amendment was religion but creates a structure of tradi- The Thurs., May 2, floor session was rejected and the Moua amendment was tional values to begin the day. Reiter said devoted primarily to adoption of confer- adopted. the bill goes a long way in allowing ence committee reports, concurrence and Speaking on the bill as a whole, Sen. children to learn American history, repassage of Senate bills amended by the Leo Foley (DFL-Coon Rapids) said he especially in the wake of the Sept. 11 other body, and the consideration of one supports the American Legion, has been a terrorist attacks. bill on Special Orders. Legion member for over 40 years and is H.F. 2598 was granted final passage, Sen. Dean Johnson (DFL-Willmar) proud of his service in the military. 54-8. described the conference committee report However, he said, he cannot support the In other business, members also of S.F. 3298 and recommended that bill. He said many other veterans– referred legislation to conference commit- members accept the 41 provisions con- including former U.S. Sen. Bob Kerrey (D- tees, appointed members of conference tained in the transportation policy bill. Neb.), who was awarded a Congressional committees and adopted several confer- Among the major provisions Johnson Medal of Honor in 1970 for his service as ence committee reports and repassed the described, the bill limits excessive bus a Navy SEAL in Vietnam–oppose legisla- bills. H.F. 2618, carried by Sen. David idling near schools, authorizes agricultural-
16 based de-icing solutions on state roads dissolving campaign committee, authorizes when feasible, authorizes the purchase of funds from a dissolving campaign commit- right-of-way for future trunk highway tee that are not accepted by another construction, authorizes advance funding committee be directed to the state elec- for existing trunk highway projects related tions campaign fund, and decreases to interregional corridors and bottlenecks penalties for many campaign finance and allows certain non-transit buses to violations from a gross misdemeanor to a drive on highway shoulders during misdemeanor and reduces fines from congestion. $3,000 to $1,000. Other items include limits on peace Sen. John Marty (DFL-Roseville) officers’ authority to perform spot inspec- moved to reject the conference committee tions on motor carriers who have under- report and refer the bill back to the gone an inspection in the previous 90 conference committee. Tour the Capitol on CD-ROM days, to force trucks to weigh scales, and to “This is not just a technical bill,” force certain overweight vehicles to Senate Media Services has announced Marty said. “Across the board, we are the release of a CD-ROM tour of the unload. weakening the penalties for campaign The bill also incorporates motorcycle Capitol, called “A Building for All...” finance violations. When things are clearly parking regulations, authorization for the Go to the Rotunda, the Governor’s commissioner to cancel a school bus fraud, we are removing all criminal Reception Room, the Senate Chamber, the driver’s endorsement if the driver is found penalties.” House of Representatives Chamber, the to be a risk to public safety, and the Hottinger said that Marty’s objections Supreme Court Chamber, and the department’s ability to use previous had been rejected earlier on the Senate Quadriga at your own pace. Travel behind inspection records to reduce the number of floor. the scenes to quarters that are not normally motor carrier inspections. An additional conference committee opened to the public like the House and Johnson said an important provision is report was adopted and repassed. Sen. Senate Retiring Rooms, the Supreme one that exempts certain road projects Deanna Wiener (DFL-Eagan) carried the Court Justices’ Consultation Room, or the from the recent statewide moratorium on report for S.F. 3359, a bill that modifies Governor’s Private Office. outside consultant contracts. certain nurse protocols. Wiener said the A special section called “Other Neat Sen. Jane Ranum (DFL-Mpls.) conference committee added two minor Places” takes you to more obscure areas that you may not see on an in-person visit objected to a provision that creates a amendments. to the building like the inner dome, the technical advisory group to study how the One bill was granted final passage on environmental review process for road underground tunnel system, or the newly Special Orders. S.F. 2811, carried by Sen. restored “Rathskeller” cafeteria. construction could be streamlined. “The Sheila Kiscaden (R-Rochester) provides a only objective of this technical advisory Brilliant digital photography captures matching service for citizens without group is getting a project done without the artistic beauty of the building and the listening to legitimate concerns about the dental coverage with volunteer dentists professional voice-over provides back- impact of highway construction on water who donate their time to the program. ground information and historical perspec- flow,” Ranum said. Johnson replied that Kiscaden said the $75,000 needed to fund tive on the paintings, architecture, groups representing water concerns are the program will come from the Board of sculpture, and interior design that make up included in the advisory group and that Dentistry via a special revenue fund Minnesota’s State Capitol building. the advisory group lacks the power to sustained by licensing and registration fees. “A Building for All...” can be pur- directly change policy. Two Kiscaden amendments were chased for $5 per CD by contacting Senate Sen. LeRoy Stumpf (DFL-Thief River adopted, one that describes the procedures Media Services at (651) 296-0264. Falls) inquired about the status of several for dental care professional participants, projects that were contained in the bill and the other a non-related provision that Frequently called numbers before it went to conference committee. creates a emeritus registration category for Secretary of the Senate Johnson said all projects that require mortuary science practitioners. 231 Capitol (651) 296-2344 money will be considered in the transpor- Sen. Linda Berglin (DFL-Mpls.) also Voice mail/order bills (651) 296-2343 tation funding bill and assured Stumpf that offered an amendment that clarifies Senate Index Senate members remain committed to all provisions relating to special education 110 Capitol (651) 296-2887 of the projects. nursing services. The amendment was Senate Information The conference committee report for adopted. 231 Capitol (651) 296-0504 S.F. 3298 was adopted and repassed. Toll free 1-888-234-1112 Members also adopted and repassed a Two bills received concurrence and repassage. S.F. 3200, carried by Johnson, Senate Committee Hotline (651) 296-8088 conference committee report for a bill that Senate Sergeant at Arms regulates insurance coverages and liability modifies certain campaign finance and G-1 Capitol/Chamber (651) 296-1119 ethics reform provisions. for environmental learning centers and Senate Counsel & Research Sen. John Hottinger (DFL-Mankato), S.F. 3026, authored by Sen. Steve Kelley G-17 Capitol (651) 296-4791 author of S.F. 3384, said the bill removes (DFL-Hopkins), regulates interstate TTY, Senate (651) 296-0250 limitations on contributions from a telemedicine services. Toll free 1-888-234-1216
17 Chapters The following is a list of all bills signed into law by the governor, or Chap. 233, S.F. 3111-Ranum, H.F. 3190*-Stanek: Requires the otherwise enacted after passage by both bodies of the Legislature, as of Juvenile Court to forward to the statewide supervision May 2. (conditional release data) system certain data in juvenile petitions for individuals under supervision by probation Chap. 219, S.F. 2655*-Samuelson, H.F. 2698-Paulsen: Extends agencies or in out of home placement. Signed by the gover- the authority of the Board of Physical Therapy to adopt rules nor: 03/13/02. on licensee ethics. Signed by the governor: 02/27/02. Chap. 234, S.F. 2671-Scheid, H.F. 2783*-Davids: Regulates Chap. 220, S.F. 264-Stanek, H.F. 351*-Johnson, Douglas: no-fault auto insurance residual liability. Signed by the Omnibus budget reconciliation bill. Vetoed by the governor: governor: 03/14/02. 02/25/02. Veto overridden: 02/28/02. Chap. 235, S.F. 1376-Bachmann, H.F. 1189*-Vanderveer: Chap. 221, S.F. 58*-Foley, H.F. 97-Greiling: Changes termi- Provides for the election of municipal council members after nology in statutes of references to mentally ill. Signed by the annexation. Signed by the governor: 03/14/02. governor: 02/27/02. Chap. 236, S.F. 2210-Tomassoni, H.F. 1620*-Howes: Chap. 222, S.F. 3019*-Ranum, H.F. 3049-Tuma: Expands the Strengthens orderly annexation agreements. Signed by the predatory offenders registration requirement. Signed by the governor: 03/14/02. governor: 02/28/02. Chap. 237, S.F. 2873-Johnson, Douglas, H.F. 2987*-Bakk: Chap. 223, S.F. 1471*-Vickerman, H.F. 1297-Dempsey: Authorizes the conveyance of the Cook County mineral Modifies provisions to reflect the abolishment of the center cemetery to the Grand Portage reservation. Signed by Minnesota Municipal Board and the transfer of powers the governor: 03/14/02. relating to annexation to the Office of Strategic and Long Chap. 238, S.F. 2801-Olson, H.F. 3202*-Smith: Increases the Range Planning. Signed by the governor: 03/07/02. Delano Public Utilities Commission to five members. Signed Chap. 224, S.F. 2760-Lesewski, H.F. 2642*-Gerlach: Elimi- by the governor: 03/14/02. nates the requirement for county mine inspectors to file Chap. 239, S.F. 2913-Limmer, H.F. 2629*-Stanek: Authorizes annual reports with the Dept. of Labor and Industry. Signed retired licensed architects, engineers, land surveyors, land- by the governor: 03/07/02. scape architects, geoscientists and interior designers to use Chap. 225, S.F. 2822-Vickerman, H.F. 3116*-Ozment: retired professional designations. Signed by the governor: 03/ Modifies certain provisions governing the environment and natural resources trust fund. Signed by the governor: 03/07/ 14/02. 02. Chap. 240, S.F. 3082-Larson, H.F. 3309*-Cassell: Modifies Chap. 226, S.F. 2441-Robling, H.F. 2624*-Buesgens: Increases the exception to the nursing home bed moratorium for the membership of the Shakopee Public Utilities Commis- licensed beds on layaway status. Signed by the governor: 03/ sion from three to five members. Signed by the governor: 03/ 14/02. 07/02. Chap. 241, S.F. 2472-Vickerman, H.F. 2637*-Ozment: Chap. 227, S.F. 3025-Kelley, H.F. 3148*-Rhodes: Modifies Provides for town board declaration of office vacancies and registration requirements for speech-language pathologists appointment of officers to temporarily replace elected and audiologists. Signed by the governor: 03/07/02. officers unable or refusing to attend board meetings for a Chap. 228, S.F. 2865-Stevens, H.F. 2992*-Rhodes: Modifies certain specified period of time. Signed by the governor: 03/ occupational therapist temporary licensure terms. Signed by 14/02. the governor: 03/07/02. Chap. 242, S.F. 2892-Cohen, H.F. 3344*-McGuire: Provides Chap. 229, S.F. 2839-Ranum, H.F. 3062*-Smith: Repeals the for a combined jurisdiction program in the Second and term limits for judges in the Hennepin and Ramsey County Fourth Judicial Districts. Signed by the governor: 03/14/02. Juvenile Courts. Signed by the governor: 03/07/02. Chap. 243, S.F. 3206-Marty, H.F. 3296*-Thompson: Transfers Chap. 230, S.F. 2573*-Berg, H.F. 2748-Westrom: Authorizes social security administrative duties from the commissioner of ISD #801, Browns Valley, to begin the school year before employee relations (DOER) to the Public Employees labor Day to accommodate high school students enrolled in Retirement Association (PERA). Signed by the governor: 03/ Sisseton, S. D., and Sisseton elementary students enrolled in 14/02. Browns Valley. Signed by the governor: 03/13/02. Chap. 244, S.F. 1495*-Murphy, H.F. 1547-Finseth: Requires Chap. 231, S.F. 2531-Pogemiller, H.F. 2695*-Mares: Modifies diesel fuel sold in the state after a certain date for use in and clarifies certain provisions relating to the Minneapolis internal combustion engines to contain a two percent Firefighters Relief Association. Signed by the governor: 03/ biodiesel fuel oil by volume and defines biodiesel fuel. 13/02. Enacted without governor’s signature: 03/15/02. Chap. 232, S.F. 389-Betzold, H.F. 58*-Dehler: Prescribes Chap. 245, S.F. 2562-Scheid, H.F. 2612*-Rhodes: Modifies standards for identification of beer kegs, prohibits off-sale the certified signature requirement of licensed architects, beer retailers from selling beer kegs without an identification engineers, land surveyors, landscape architects or geoscientists label or tag and specifies certain label or tag requirements. or certified interior designers. Signed by the governor: 03/15/ Signed by the governor: 03/13/02. 02.
18 Chap. 246, S.F. 2711-Rest, H.F. 2899*-Holberg: Modifies Chap. 258, S.F. 2434*-Moe, R.D., H.F. 2652-Lieder: Provides certain metropolitan area livable communities provisions for the appointment of the Polk County recorder and auditor- and authorizes grants from the livable communities demon- treasurer. Signed by the governor: 03/22/02. stration, local housing incentive or inclusionary housing Chap. 259, S.F. 2627*-Kiscaden, H.F. 2603-Paulsen: Requires accounts to development authorities. Signed by the governor: licensed optometrists or physicians to provide patients with 03/21/02. copies of prescriptions for contact lenses after completing the Chap. 247, S.F. 3302-Knutson, H.F. 3584*-Holberg: Modifies eye examination. Signed by the governor: 03/22/02. the formula for calculation of interest on court verdicts, Chap. 260, S.F. 3115*-Kelley, H.F. 3238-Johnson, J.: Modi- awards and judgments. Signed by the governor: 03/21/02. fies a provision regulating state energy efficiency installment Chap. 248, S.F. 2803-Robling, H.F. 2813*-Molnau: Requires purchases and expands commissioner of administration licensed child care providers to develop policies and installment purchase authority to equipment or services to procedures for reporting suspected child maltreatment. reduce state building or facility energy costs. Signed by the Signed by the governor: 03/21/02. governor: 03/22/02. Chap. 249, S.F. 2475-Hottinger, H.F. 2766*-Haas: Removes Chap. 261, S.F. 3080*-Rest, H.F. 3462-Mulder: Requires the expiration date for a provision requiring motor vehicle preneed funeral arrangement trust account depositors to fuel franchisors selling or transferring ownership of marketing annually report to beneficiaries of the accounts the amount premises occupied by franchisees to offer the franchisees and disposition of funds in the account. Signed by the certain rights contained in federal regulations. Signed by the governor: 03/22/02. governor: 03/21/02. Chap. 262, S.F. 3136*-Lesewski, H.F. 3348-Nornes: Modifies Chap. 250, S.F. 3135-Johnson, David, H.F. 3189*-Workman: workers’ compensation payment provisions, intervention Provides that street sweeping vehicles are special mobile procedures, and special compensation fund provisions. equipment for motor vehicle registration purposes. Signed by Signed by the governor: 03/22/02. the governor: 03/21/02. Chap. 251, S.F. 2757-Betzold, H.F. 2742*-Siefert: Modifying Chap. 263, S.F. 2590*-Lourey, H.F. 2753-Hilty: Provides for certain contested case procedures under the Administrative the appointment of the Carlton County recorder. Signed by Procedure Act (APA) and authorizes state agencies to by the governor: 03/22/02. order provide for the report or order of the administrative law Chap. 264, S.F. 2670-Higgins, H.F. 2796*-Ozment: Authorizes judge as the final decision. Signed by the governor: 03/21/02. a city of Minneapolis joint venture with a private entity to Chap. 252, S.F. 2381-Berglin, H.F. 2531*-Goodno: Provides construct, operate and manage an asphalt production facility. for the regulation of hospice providers by the commissioner Signed by the governor: 03/22/02. of health separately from home care providers, provides a Chap. 265, S.F. 2575-Price, H.F. 2792*-Ozment: Provides for hospice bill of rights for the benefit of individuals receiving the indemnification of local government units operating or hospice care and provides for enforcement. Signed by the participating in household hazardous waste management governor: 03/22/02. programs under a contract with the pollution control agency Chap. 253, S.F. 2932*-Krentz, H.F. 3275-Gerlach: Authorizes (PCA). Signed by the governor: 03/22/02. and provides for the Pollution Control Agency to encourage Chap. 266, S.F. 3045*-Betzold, H.F. 3373-Stanek: Extends the citizen monitoring of ambient quality of state waters. Signed Fourth Judicial District domestic fatality review team. Signed by the governor: 03/22/02. by the governor: 03/25/02. Chap. 254, S.F. 2971*-Knutson, H.F. 3133-Lipman: Codifies Chap. 267, S.F. 3109*-Schwab, H.F. 3362-Stanek: Authorizes the provisions regulating the competitive bidding process for municipal police departments to use black patrol vehicles. state building and construction or repair contracts and Signed by the governor: 03/25/02. requires standard requirement price contracts for building Chap. 268, S.F. 2611*-Ranum, H.F. 2662-Stanek: Adopts the and construction to be established by competitive bids. new Interstate Compact for Adult Offender Supervision. Signed by the governor: 03/22/02. Signed by the governor: 03/25/02. Chap. 255, S.F. 1072*-Lessard, H.F. 1097-Solberg: Designates Chap. 269, S.F. 1030*-Wiger, H.F. 1934-Stanek: Ratifies and the photograph Grace as the state photograph. Signed by the enacts the National Crime Prevention and Privacy Compact governor: 03/22/02. to provide a legal framework for the establishment of a Chap. 256, S.F. 2834*-Day, H.F. 3074-Ruth: Provides for the cooperative federal-state system for the exchange of criminal appointment of the Steele county recorder Signed by the history records. Signed by the governor: 03/25/02. governor: 03/22/02. Chap. 270, S.F. 222*-Krentz, H.F. 94-Haas: Establishes a Chap. 257, S.F. 3258*-Larson, H.F. 3512-Cassell: Authorizes criminal penalty for gross overlimit taking, possessing or the commissioner of transportation (DOT) with the unani- transporting wild animals in closed seasons and with a mous approval of the Land Exchange Board to convey restitution value of over a certain dollar amount. Signed by certain state land to the city of Garfield in exchange for the governor: 03/25/02. certain land in Douglas County. Signed by the governor: 03/ Chap. 271, S.F. 2578*-Wiener, H.F. 2873-Wilkin: Authorizes 22/02. county boards upon approval by the Dept. of Human
19 Chapters Services to implement client directed support programs. Chap. 286, S.F. 2821*-Scheid, H.F. 3078-Stang: Regulates the Signed by the governor: 03/25/02. conduct of real estate industry licensees, modifies disclosures, Chap. 272, S.F. 2463*-Anderson, H.F. 2993-Howes: Regulates and regulates records retention requirements. Signed by the nurses overtime work hours and provides for border state governor: 03/26/02. nursing licenses reciprocity. Signed by the governor: 03/25/ Chap. 287, S.F. 2459*-Sams, H.F. 2664-Bradley: Modifies 02. requirements for supplemental nursing services agencies. Chap. 273, S.F. 3167*-Betzold, H.F. 3263-Holberg: Grants the Signed by the governor: 03/26/02. commissioner of corrections access to private data in prelimi- Chap. 288, S.F. 2115*-Oliver, H.F. 1885-Workman: Clarifies nary determinations of the appropriateness of filing a petition licensed motor vehicle dealer bonding requirements. Signed for civil commitment as sexual psychopathic personalities or by the governor: 03/26/02. sexually dangerous persons. Signed by the governor: 03/25/ Chap. 289, S.F. 2764*-Marty, H.F. 3091-Abeler: Modifies 02. standards for reporting incidents in licensed programs serving Chap. 274, S.F. 1226*-Sams, H.F. 1413-Tuma: Guarantees persons with mental retardation or related conditions. Signed entitlement to full medical expense benefits to persons by the governor: 03/26/02. entitled to basic economic loss benefits under the no-fault Chap. 290, S.F. 2614*-Kiscaden, H.F. 2932-Sykora: Requires automobile insurance law. Signed by the governor: 03/25/02. disclosure of an individual’s communicable disease to a foster Chap. 275, S.F. 3100*-Berglin, H.F. 3276-Boudreau: Provides care provider. Signed by the governor: 03/26/02. for Medical Assistance reimbursement for approved tribal Chap. 291, S.F. 3055*-Betzold, H.F. 3080-Stanek: Modifies health professionals and specifies certain credentialing provisions relating to the Metropolitan Transit Police. requirements. Signed by the governor: 03/25/02. Signed by the governor: 03/26/02. Chap. 276, S.F. 3124*-Foley, H.F. 3291-Nornes: Modifies Chap. 292, S.F. 2692*-Sams, H.F. 2757-Abeler: Modifies the nursing and board care homes resident reimbursement authority of the commissioner of human services to set aside classifications provisions. Signed by the governor: 03/25/02. disqualifications of human services license applicants based Chap. 277, S.F. 3126*-Foley, H.F. 3245-Boudreau: Makes on background checks. Signed by the governor: 03/26/02. technical changes in certain health care and human services Chap. 293, S.F. 2933*-Kinkel, H.F. 2889-Howes: Allows programs provisions. Signed by the governor: 03/25/02. installation of certain individual sewage treatment systems. Chap. 278, S.F. 3117*-Metzen, H.F. 3061-Dibble: Provides for Signed by the governor: 03/26/02. the transfer or disposal of sewer interceptor facilities. Signed by the governor: 03/25/02. Chap. 294, S.F. 2550*-Berglin, H.F. 2635-Bradley: Clarifies Chap. 279, S.F. 2419*-Lesewski, H.F. 2600-Mulder: Defines the requirement for school districts to provide special portable wading pools located at licensed family day care instruction and related services for children with a disability. homes or at certain unlicensed child care services as private Signed by the governor: 03/26/02. residential pools for regulation exemption purposes. Signed Chap. 295, S.F. 2953*-Hottinger, H.F. 3222-Ruth: Prohibits by the governor: 03/25/02. excess fire insurance coverage. Signed by the governor: 03/ Chap. 280, S.F. 107-Langseth, H.F. 197*-Bishop: Provides for 26/02. grants to noncommercial television stations and to the metro Chap. 296, S.F. 2546*-Fischbach, H.F. 2933-Stang: Permits the bus garage. Vetoed by the governor: 03/27/02. Veto overrid- cities of Rockville and Pleasant Lake and the town of den: 04/09/02. Rockville to develop a consolidation plan and the cities of Chap. 281, S.F. 2768*-Lessard, H.F. 2678-Solberg: Changes New London and Spicer and the town of New London to provisions in the Medical Assistance demonstration project. develop a consolidation plan. Signed by the governor: 03/ Signed by the governor: 03/26/02. 26/02. Chap. 282, S.F. 3073*-Knutson, H.F. 3579-Holberg: Clarifies Chap. 297, S.F. 2715-Murphy, H.F. 2884*-Osskopp: Modifies the standard for a misdemeanor violation of an order for the imposition of overweight vehicles civil penalties. Signed protection or no contact orders. Signed by the governor: 03/ by the governor: 03/26/02. 26/02. Chap. 298, S.F. 2966-Robertson, H.F. 3196*-Mares: Dept. of Chap. 283, S.F. 2553-Metzen, H.F. 2570*-Wolf: Regulates Administration housekeeping provisions. Signed by the automobile glass claims practices. Vetoed by the governor: governor: 03/26/02. 03/26/02. Veto overridden: 04/02/02. Chap. 299, S.F. 2890*-Knutson, H.F. 3205-Clark, J.: Regu- Chap. 284, S.F. 3068-Murphy, H.F. 3274*-Blaine: Provides lates regulating public works contracts. Signed by the certain protections to persons called or ordered to active governor: 03/27/02. service. Signed by the governor: 03/26/02. Chap. 300, S.F. 2793*-Vickerman, H.F. 3223-Harder: Chap. 285, S.F. 3122-Chaudhary, H.F. 2882*-Workman: Provides for Medical Assistance reimbursement for out of Regulates electric personal assistive mobility devices. Signed state services to children with severe emotional disturbance. by the governor: 03/26/02. Signed by the governor: 03/27/02.
20 Chap. 301, S.F. 3244*-Schwab, H.F. 2842-Tuma: Authorizes Chap. 315, S.F. 2881*-Cohen, H.F. 3169-Vanderveer: Grants electronic signatures on certain laboratory blood sample cities or towns certain affordable housing regulation author- reports. Signed by the governor: 03/27/02. ity in approving subdivision, planned unit development or Chap. 302, S.F. 3034*-Robertson, H.F. 3224-Abrams: site plan applications. Signed by the governor: 04/08/02. Authorizes Hennepin County to contract with a private or Chap. 316, S.F. 2612*-Kleis, H.F. 3076-Knoblach: Authorizes public cooperative purchasing organization on behalf of the funeral home vehicles to use flashing red lights. Signed by the medical center, ambulatory health center or certain other governor: 04/08/02. clinics under competitive or request for proposal contracting Chap. 317, S.F. 2680*-Limmer, H.F. 3029-Boudreau: Elimi- conditions. Signed by the governor: 03/27/02. nates certain ventilation system installation requirements Chap. 303, S.F. 2814*-Murphy, H.F. 3240-Clark, J.: Autho- under the energy code and provides for adoption of a new rizes electric cooperatives to use electronic voting. Signed by energy code. Signed by the governor: 04/08/02. the governor: 03/27/02. Chap. 318, S.F. 2739*-Metzen, H.F. 3058-Stang: Omnibus Chap. 304, S.F. 2673*-Cohen, H.F. 2596-Holberg: Provides liquor bill. Signed by the governor: 04/08/02. for custody of children by de facto custodians and third Chap. 319, S.F. 3076-Cohen, H.F. 2706*-Entenza: Imposes parties. Signed by the governor: 03/27/02. penalties for failure to yield the right-of-way to or for Chap. 305, S.F. 3278*-Scheid, H.F. 3328-Molnau: Requires obstructing emergency vehicles displaying flashing lights and the commissioner of public safety to adopt rules requiring sounding a siren. Signed by the governor: 04/08/02. education in organ donation as part of driver education Chap. 320, S.F. 3322*-Orfield, H.F. 3030-Buesgens: Provides program. Signed by the governor: 03/27/02. for Metropolitan Council service capacity external use and Chap. 306, S.F. 2697*-Rest, H.F. 3070-Holberg: Specifies modifies sewer facilities depreciation rate. Signed by the certain disclosure requirements of sellers of residential real governor: 04/08/02. estate relating to adverse physical conditions potentially Chap. 321, S.F. 2949*-Betzold, H.F. 3034-Holberg: Modifies adversely and significantly affecting the rights and interests of procedures for criminal background checks of school bus the purchaser. Signed by the governor: 04/01/02. drivers, authorizes Dept. of Public Safety cooperation with Chap. 307, S.F. 3315*-Scheid, H.F. 3492-Davids: Modifies the Federal Bureau of Investigation and expands the defini- provisions relating to the Joint Underwriting Association. tion of public criminal history data. Signed by the governor: Signed by the governor: 04/01/02. 04/08/02. Chap. 308, S.F. 3145*-Foley, H.F. 3221-Eastlund: Revises the Chap. 322, S.F. 2533*-Foley, H.F. 2841-Penas: Authorizes Minnesota code of military justice, defines or redefines terms, county boards to require criminal offenders confined in updates language, and removes certain references indicative county jails, workhouses or correctional or work farms to pay of the navy. Signed by the governor: 04/01/02. room, board, clothing and medical, dental and other correc- Chap. 309, S.F. 3084*-Rest, H.F. 3506-Ozment: Modifies tional services costs. Signed by the governor: 04/08/02. certain state and local government unit auditing and Chap. 323, S.F. 2678*-Higgins, H.F. 2684-Hackbarth: Makes reporting requirements. Vetoed by the governor: 04/01/02. technical changes and modifications in provisions relating to Chap. 310, S.F. 887-Lourey, H.F. 1224*-Davids: Provides for the Dept. of Natural Resources. Signed by the governor: 04/ registration of medical response units with the Emergency 08/02. Medical Services (EMS) Regulatory Board. Signed by the Chap. 324, S.F. 3352*-Lessard, H.F. 3432-Holsten: Amends governor: 04/01/02. provisions of the Dry Cleaner Environmental Response and Chap. 311, S.F. 2542*-Scheid, H.F. 2785-Goodno: Regulates Reimbursement Law. Signed by the governor: 04/08/02. business and nonprofit corporations and limited liability Chap. 325, S.F. 3054*-Tomassoni, H.F. 3209-Holsten: companies. Signed by the governor: 04/01/02. Modifies provisions relating to petrofund contractors and Chap. 312, S.F. 2675*-Krentz, H.F. 3519-Ozment: Expands the consultants and modifies application requirements for certain recyclable material container requirements for state agencies petrofund reimbursements. Signed by the governor: 04/08/02. and local government units to public entities and requires Chap. 326, S.F. 3174*-Kelley, H.F. 3464-McElroy: Creates a state motor vehicles to use clean fuels. Signed by the gover- small business category under the Money Transmitter Act. nor: 04/04/02. Signed by the governor: 04/08/02. Chap. 313, S.F. 2569*-Stevens, H.F. 2647-Erickson: Clarifies Chap. 327, S.F. 1811*-Ourada, H.F. 1763-Olson: Authorizes that rebates of federal taxes and state sales taxes may not be and provides for the transfer of public drainage systems from considered a means of support for Veterans Homes discretion- drainage authorities to water management authorities. Signed ary admissions. Signed by the governor: 04/04/02. by the governor: 04/08/02. Chap. 314, S.F. 2580*-Foley, H.F. 2840-Clark, J.: Clarifies Chap. 328, S.F. 2150*-Stevens, H.F. 1683-Paulsen: Modifies that civil hearings relating to driving while impaired (DWI) electricians licensing and requires rulemaking. Signed by the do not to give rise to an estoppel on issues resulting from the governor: 04/08/02. same set of circumstances in any criminal prosecution. Signed Chap. 329, S.F. 2987-Metzen, H.F. 3125*-Wolf: Renames the by the governor: 04/04/02. telecommunications access for communication-impaired
21 Chapters persons program and provides telephone companies elec- to a person whose driver’s license is suspended for nonpay- tronic billing authority. Signed by the governor: 04/08/02. ment of support. Signed by the governor: 04/17/02. Chap. 330, S.F. 3023-Scheid, H.F. 2988*-Haas: Regulates Chap. 345, S.F. 1555*-Higgins, H.F. 1524-Leppik: Regulates insurance licenses, fees, rates, practices, and coverages and the use of fertilizers containing phosphorous. Signed by the provides for health care administrative simplification. Signed governor: 04/19/02. by the governor: 04/08/02. Chap. 346, S.F. 2909*-Sams, H.F. 2935-Penas: Permits a Chap. 331, S.F. 3015*-Scheid, H.F. 3497-Davids: Establishes health maintenance organization rural demonstration project. the division of insurance fraud prevention in the Dept. of Signed by the governor: 04/19/02. Commerce, specifies powers and duties and creates the crime Chap. 347, S.F. 2540*-Betzold, H.F. 2657-Dawkins: Changes of the employment of runners, cappers or steerers. Signed by certain probate and power of appointment provisions. Signed the governor: 04/10/02. by the governor: 04/19/02. Chap. 332, S.F. 2827-Wiener, H.F. 2719*-Leppik: Uniform Chap. 348, S.F. 2460*-Kleis, H.F. 3048-Workman: Provides Athlete Agents Act. Provides for regulation of student athlete criminal penalties for persons who promote, advocate, and agents. Signed by the governor: 04/10/02. take responsibility for criminal acts under certain circum- Chap. 333, S.F. 1443-Wiener, H.F. 1517*-Wilkin: Regulates stances and provides for civil liability against persons who family day care homes swimming pools use. Signed by the destroy field crops and organisms grown for research purposes. governor: 04/12/02. Signed by the governor: 04/24/02. Chap. 334, S.F. 3028*-Kelley, H.F. 2835-Dawkins: Authorizes Chap. 349, S.F. 2807-Ranum, H.F. 2473*-Kahn: Darlene the Minnesota Commission on National and Community Luther Anatomical Gift Act. Specifies intent and consent Service to create and delegate duties to a private, nonprofit requirements for anatomical gift designations. Signed by the corporation. Signed by the governor: 04/12/02. governor: 04/24/02. Chap. 335, S.F. 2457*-Berglin, H.F. 2763-Greiling: Removes Chap. 350, S.F. 2960*-Johnson, Debbie, H.F. 2525- the imminent danger of injuring or harming self or others Hackbarth: Defines fireworks and legalizes the use of non- requirement for emergency admission or judicial commit- aerial, non-explosive fireworks. Signed by the governor: 04/ ment purposes. Signed by the governor: 04/16/02. 29/02. Chap. 336, S.F. 2592*-Oliver, H.F. 2763-Entenza: Authorizes Chap. 351, S.F. 2674*-Krentz, H.F. 2920-Ozment: Omnibus game and fish provisions. Signed by the governor: 04/29/02. the reorganization of a mutual insurance holding company Chap. 352, S.F. 3373-Knutson, H.F. 2618*-Holberg: Regulates into a stock company. Signed by the governor: 04/16/02. the dissemination of data between schools, law enforcement, Chap. 337, S.F. 3288*-Kelley, H.F. 3537-Rhodes: Extends the and the juvenile justice system. Signed by the governor: 05/ expiration of an interest arbitration provision governing 01/02. firefighters. Signed by the governor: 04/16/02. Chap. 353, S.F. 2125*-Moe, R.D., H.F. 1359-Ozment: Chap. 338, S.F. 3380*-Knutson, H.F. 3455-Leighton: Modifies Modifies provisions for all terrain vehicle use on certain provisions governing postnuptial contracts. Signed by the wildlife areas, permits sale of certain consolidated conserva- governor: 04/16/02. tion lands and adds to state wildlife management areas. Chap. 339, S.F. 2650*-Samuelson, H.F. 2751-Stang: Modifies Signed by the governor: 05/01/02. the regulation of credit unions Signed by the governor: 04/ Chap. 354, S.F. 2998*-Lourey, H.F. 3249-Hilty: Waives the 16/02. written case presentation and oral examination component of Chap. 340, S.F. 3238*-Ranum, H.F. 3445-Wagenius: Provides the licensing requirements for certain alcohol and drug options relating to the election of directors and voting rights counselors. Signed by the governor: 05/01/02. for members of nonprofit neighborhood organizations. Signed Chap. 355, S.F. 3010-Stumpf, H.F. 2970*-Hackbarth: Appro- by the governor: 04/16/02. priates money for maintenance, monitoring, and enforcement Chap. 341, S.F. 2957*-Samuelson, H.F. 3193-McElroy: related to recreational motor vehicle use. Signed by the Requires reporting of practice act violations to the board of governor: 05/01/02. dentistry and provides complainant immunity. Signed by the Chap. 356, S.F. 3257*-Solon, Y.P., H.F. 3509-Howes: Adds governor: 04/17/02. an exception to the conflict of interest provisions for housing Chap. 342, S.F. 2988*-Metzen, H.F. 3257-Davids: Omnibus and redevelopment authority officers. Signed by the gover- bank bill. Modifies provisions relating to financial institu- nor: 05/01/02. tions detached facilities, charges and fees and mortgage Chap. 357, S.F. 2363*-Johnson, David, H.F. 2492-Davids: repayment penalties. Signed by the governor: 04/17/02. Limits the use of credit scoring by homeowner and automo- Chap. 343, S.F. 3075*-Cohen, H.F. 2687-Entenza: Provides for bile insurers. Signed by the governor: 05/01/02. payment of sales tax on a motor vehicle sold in violation of Chap. 358, S.F. 3168*-Stevens, H.F. 2995-Howes: Provides for dealer licensing requirements. Signed by the governor: 04/17/ a bidding exception for certain water tank service contracts 02. and authorizes an agreement for Walker to maintain the state Chap. 344, S.F. 3114*-Neuville, H.F. 3393-Boudreau: Permits water tower at Ah-Gwah-Ching. Signed by the governor: 05/ the issuance of a limited license under certain circumstances 01/02.
22 Floor action
Monday, April 22 CONFERENCE COMMITTEE M EMBERSHIP Conference committee reports adopted and repassed The following are the members of the conference committees appointed to resolve differences on major bills passed by both the Senate and the S.F. 2960-Johnson, Debbie: Modifies the definition of fireworks and permits the sale of non-aerial, non-explosive firework novelties such as House. Schedules for conference committees, and membership of other sparklers. 34-30 conference committees, are available online (at http:// S.F. 2674-Krentz: Omnibus game and fish bill. 60-0 www.senate.mn) and via phone from the Senate Information Office Bills granted final passage on Special Orders (651-296-0504 or 1-888-234-1112). Senate conferees are in the S.F. 1755-Stumpf: Establishes a temporary school employee insurance plan right column, House members on the left. study committee to collect, analyze and disseminate information from current health plans offering insurance to eligible employers and to recommend specifications for a health insurance plan. 46-15 Omnibus bonding bill – H.F. 3618 Knoblach Langseth Thursday, April 25 Osthoff Samuelson Conference committee reports adopted and repassed Bishop Wiener H.F. 2618-Knutson: Regulates the dissemination of data between schools, McElroy Larson law enforcement, and the juvenile justice system and requires public Clark, J. Cohen employees and officers to make prompt reports of certain unlawful actions. 56-0 H.F. 2970-Stumpf: Imposes requirements on certain purchases of the Omnbius supplemental budget bill – H.F. 3270 commissioner of natural resources, requires certain rule amendments, Goodno Johnson, Douglas authorizes hiring of certain employees, authorizes certain reimbursements Krinkie Berglin for snowmobile trail grooming equipment, authorizes counties to raise snowmobile speed limits on certain lakes, and appropriates money for Seagren Pogemiller maintenance, monitoring, and enforcement related to recreational motor Abrams Price vehicle use. 64-0 Pugh Day S.F. 2363-Johnson, David: Limits the use of credit information. 62-0 S.F. 3168-Stevens: Provides for a bidding exception for certain water tank service contracts and authorizes an agreement for the city of Walker to Transportation funding bill – H.F. 3364 maintain and operate the state’s water tower at Ah-Gwah-Ching. 64-0 Kuisle Johnson, Dean Bills granted final passage on Special Orders Holberg Johnson, David Workman Sabo H.F. 2598-Reiter: Requires recitation of the pledge of allegiance in all public schools and provides for instruction in the proper etiquette, display, Kielkucki Terwilliger and respect of the United States flag. 54-8 Juhnke Ourada
Monday, April 29 Anti-terrorism bill – H.F. 2622 Stanek Ranum Bills granted concurrence and repassage Tuma Moua S.F. 2568-Rest: Removes certain limitations on the Hennepin County Board’s ability to lease real property. 56-0 Smith Kelley Fuller Schwab Thursday, May 2 Murphy Neuville
Bills granted concurrence and repassage Stadium bill – H.F. 2214 S.F. 3200-Johnson, Dean: Regulates insurance coverages and liability for Mares Johnson, Dean environmental learning centers. 57-0 S.F. 3026-Kelley: Regulates the provision of interstate telemedicine Goodno Scheid services. 58-0 Abrams Terwilliger McElroy Kelley Conference committee reports adopted and repassed Milbert Metzen H.F. 3359-Wiener: Modifies certain protocols for nurses, authorizes transfer of certain nursing facility beds and provides for the administration of epinephrine on emergency ambulance calls. 58-0 Minnesota Emergency Health Powers Act – H.F. 3031 S.F. 3298-Johnson, Dean: Dept. of Transportation housekeeping bill. 51-6 Mulder Hottinger S.F. 3384-Hottinger: Modifies campaign finance and ethics provisions. 47- Jacobson Betzold 9 Huntley Limmer Bills granted final passage on Special Orders H.F. 3350-Kiscaden: Requires the board of dentistry to contract with the Pledge of Allegiance bill – H.F. 2598 Minnesota Dental Association or other appropriate and qualified Cassell Reiter organization to develop and operate a donated dental services program to Anderson, B. Murphy provide dental care to public program recipients and the uninsured through dentists volunteering services. 54-0 Marquart Moua
23 Minnesota Senate 2002
Party Phone Name Room District Party Phone Name Room District DFL 296-5537 Ellen R. Anderson 120 Cap. 66 DFL 296-4370 James P. Metzen 322 Cap. 39 R 296-4351 Michele M. Bachmann 125 SOB 56 DFL 296-2577 Roger D. Moe 208 Cap. 2 R 296-5975 William V. Belanger, Jr. 113 SOB 41 DFL 296-5285 Mee Moua 323 Cap. 67 R 296-5094 Charles A. Berg 25 SOB 13 DFL 296-4264 Steve Murphy 306 Cap. 29 DFL 296-4261 Linda Berglin 309 Cap. 61 R 296-1279 Thomas M. Neuville 123 SOB 25
DFL 296-2556 Don Betzold G-9 Cap. 48 R 296-4837 Edward C. Oliver 117 SOB 43 DFL 296-4334 Satveer Chaudhary 325 Cap. 52 R 296-1282 Gen Olson 119 SOB 34 DFL 296-5931 Richard J. Cohen 317 Cap. 64 DFL 296-4191 Myron Orfield 227 Cap. 60 R 296-9457 Dick Day 147 SOB 28 R 296-5981 Mark Ourada 145 SOB 19 R 296-4131 Steve Dille 103 SOB 20 DFL 296-1802 Sandra L. Pappas 120 Cap. 65
R 296-2084 Michelle L. Fischbach 15 SOB 14 R 296-5252 Pat Pariseau 109 SOB 37 DFL 296-4154 Leo T. Foley G-24 Cap. 49 DFL 296-7809 Lawrence J. Pogemiller 235 Cap. 59 DFL 296-5713 Chuck Fowler G-9 Cap. 26 DFL 297-8060 Leonard R. Price 235 Cap. 57 R 296-8138 Dennis R. Frederickson 139 SOB 23 DFL 297-8061 Jane B. Ranum 120 Cap. 63 DFL 296-9246 Linda Higgins 328 Cap. 58 R 296-1253 Mady Reiter 132D SOB 53
DFL 296-6153 John C. Hottinger 205 Cap. 24 DFL 296-2889 Ann H. Rest G-24 Cap. 46 DFL 296-9261 David H. Johnson 124 Cap. 40 DFL 296-5419 Twyla L. Ring 306 Cap. 18 DFL 296-3826 Dean E. Johnson 124B Cap. 15 R 296-4314 Martha R. Robertson 141 SOB 45 R 296-3219 Debbie J. Johnson 149 SOB 50 R 296-4123 Claire A. Robling 143 SOB 35 DFL 296-8881 Douglas J. Johnson 205 Cap. 6 DFL 296-4274 Julie A. Sabo 317 Cap. 62
DFL 297-8065 Steve Kelley 321 Cap. 44 DFL 297-8063 Dallas C. Sams 328 Cap. 11 R 296-5649 Bob Kierlin 127 SOB 32 DFL 296-4875 Don Samuelson 120 Cap. 12 DFL 296-4913 Anthony G. "Tony" Kinkel G-9 Cap. 4 R 296-3903 Kenric J. Scheevel 129 SOB 31 R 296-4848 Sheila M. Kiscaden 135 SOB 30 DFL 296-8869 Linda Scheid 303 Cap. 47 R 296-6455 Dave Kleis 107 SOB 16 R 296-9248 Grace S. Schwab 151 SOB 27
R 296-4120 David L. Knutson 133 SOB 36 DFL 296-4188 Yvonne Prettner Solon 303 Cap. 7 DFL 296-7061 Jane Krentz 111 Cap. 51 R 296-8075 Dan Stevens 105 SOB 17 DFL 296-3205 Keith Langseth 122 Cap. 9 DFL 296-8660 LeRoy A. Stumpf G-24 Cap. 1 R 296-5655 Cal Larson 153 SOB 10 R 296-6238 Roy Terwilliger 115 SOB 42 R 296-4125 Arlene J. Lesewski 131 SOB 21 DFL 296-8017 David J. Tomassoni 111 Cap. 5
IND 296-4136 Bob Lessard G-51 SOB 3 DFL 296-5650 Jim Vickerman 226 Cap. 22 R 296-2159 Warren Limmer 155 SOB 33 DFL 297-8073 Deanna L. Wiener 303 Cap. 38 DFL 296-0293 Becky Lourey G-9 Cap. 8 DFL 296-6820 Charles W. Wiger 301 Cap. 55 DFL 296-5645 John Marty 325 Cap. 54
Capitol address: 75 Constitution Avenue, St. Paul, MN 55155. State Office Building address: 100 Constitution Avenue, St. Paul, MN 55155. All phone numbers are area code 651.
Senate Publications
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24 Senate Briefly
Page 2 Highlights
Page 4 Committee update
Page 17 Floor update
Page 26 Redistricting plans
Page 30 Floor action
Page 31 Readership survey
Page 32 Renewal form
Majority Leader Roger D. Moe (DFL-Erskine) pens in the final year of his 32-year tenure with the Minnesota Senate in his desk drawer during closing ceremonies of the 82nd Legisla- tive Session Mon., May 20. Photo by David J. Oakes
May 6–20, 2002
1 Senate Highlights Session adjourns and that he particularly enjoyed working “I knew this time would come, just not After quickly passing several closing on the Commerce Committee with the so soon,” said Moe as he began his fare- resolutions, the Senate recessed and former chair, the late Sen. Sam Solon well. He quickly added, “That was members devoted the last floor session of (DFL-Duluth). supposed to be funny.” Moe said that he the legislative year, Mon., May 20, to Sen. Roy Terwilliger (R-Edina) said was deeply honored that so many former paying tribute to retiring Senators. he was grateful to both the Senate and colleagues would return to be with him. Among several lighthearted tributes to committee staff. “Thank you for your Moe recounted that before he was departing Senators, Sen. Jane Krentz (DFL- friendship and hard work,” he said. elected and came to St. Paul in December May Township) presented Sen. Charles Terwilliger also recited a poem named 1970, he had never been inside the Berg (R-Chokio) with a 40 hour Green “Building,” which contrasted those who Capitol building. “I will never forget what Party tutorial with Sen. Ellen Anderson seek to build things with those who seek to it was like to come into this building for (DFL-St. Paul). Krentz also presented Sen. wreck things. “We tried to build a better the first time,” he said. “It still is the same Roger D. Moe (DFL-Erskine) with a state. I salute you builders of Minnesota,” for me now.” smiley-face mask to help him present a less he said. Moe encouraged Senators to continue restrained personality. Because of his Berg paid special tribute to his staff to attempt to forge bipartisan solutions to longstanding opposition to commemora- and jokingly said to members, “I’m going issues, and maintain the traditions and tive highway naming, Sen. Edward Oliver to miss some of you.” Sen. Kenric Scheevel civility of the Senate. “Those things are (R-Deephaven) received a map of the state (R-Preston) offered some parting advice. important,” he said. and a certificate that entitled him to “Life is uncertain, so eat dessert first.” “We are here not just to represent the choose any stretch of highway he liked to Douglas Johnson thanked members on people from whom we hear, but also those be named in his honor from Sen. Sheila both sides that he has worked with for we don’t hear from. We have to answer to Kiscaden (R-Rochester). years. “It has been a great voyage,” he said. not only our own constituents, but also to Several Senators made farewell “The Legislature is great, it is great for all Minnesotans. We are elected as speeches, including Sen. Julie Sabo (DFL- Minnesota. As I go fishing, I urge all of you partisans, but we are expected to serve as Mpls.), who said leaving did not feel like to keep up the good work.” statesmen and women,” Moe said in retirement, but rather a new beginning. Before Moe gave his parting speech, closing. “I am honored to have served and “This has been a rewarding, fulfilling Sen. John Hottinger (DFL-Mankato) said extremely blessed in my public life. I’m an experience,” said Sabo. “I want to thank that Moe shaped the culture of the ordinary guy who was given extraordinary members for making it so wonderful.” institution over the past two decades. opportunity.” Sen. David Johnson (DFL- “Roger Moe has represented dignity, Sen. Don Betzold (DFL-Fridley) Bloomington) was also gracious to fellow stability and civility for the past 32 years,” presented Moe with a certificate that listed members, saying he enjoyed working with Hottinger said. A significant number of all of the 274 members Moe has served everyone. Oliver said that he was very former Senators entered the Senate with in his 32-year tenure. Hottinger pleased to have been associated with the chamber as Moe prepared to give his recognized the former Senators that were Republican Caucus for the past 10 years, parting remarks. present. Moe made the motion to adjourn the Senate Briefly is a publication of the Assistant Editor: Senate sine die to cap his 32-year Senate Minnesota Senate Publications Office. Joshua A. Dorothy career and over two decades as majority During the 2002 Legislative Session, leader. The motion was adopted and the each issue reports daily Senate activities Photography: Senate adjourned. between Thursdays of each week, lists David J. Oakes upcoming committee meeting schedules Shelley Hawes Deal brokered and provides other information. The Legislative leaders held a press publication is a service of the Minnesota Writers: conference Tues., May 14, to announce a Senate. No fee. It can be made available major breakthrough in efforts to resolve in alternative formats. Karen L. Clark Joshua A. Dorothy the state’s remaining $439 million deficit for FY 02-03. Senate Majority Leader To subscribe, contact: Steve Holman Matthew Wickman Roger D. Moe (DFL-Erskine) began the Senate Publications Office press conference by declaring that negotia- G-22 Capitol tors had solved the budget shortfall for FY Senate Briefly is published weekly 02-03. “We are also sending a strong signal 75 Constitution Ave. during the Legislative session by the St. Paul, MN 55155-1606 that the state’s fiscal house is in order by Minnesota Senate Publications Office, providing $300 million for a budget (651) 296-0504 G-22 Capitol, 75 Constitution Ave., St. 1-888-234-1112 reserve,” he said. Paul, MN 55155-1606. Periodical House Speaker Steve Sviggum (R- (TTY) 1-888-234-1216 postage paid at St. Paul, MN. POST- Kenyon) said Minnesotans should find a MASTER: Send address changes to positive message coming out of the Senate Briefly, Senate Publications Legislature–a $2.4 billion budget deficit Editor: Office, G-22 Capitol, 75 Constitution was solved in two phases without increas- Karen L. Clark Ave., St. Paul, MN 55155-1606. ing taxes and by decreasing the size of state
2 government without significant cuts to made significant steps to provide an the sale of state bonds. The rest is paid for schools and nursing homes. Sviggum said adequate budget reserve, rebuilding it to with cash or through user fees. the state is in a much better position than half the level it had reached before the Included in the bill is $160 million to many others, including Wisconsin, Florida recession. the University of Minnesota and $210 and Missouri. Moe said the Legislature will act on million for the Minnesota State Colleges House Minority Leader Thomas Pugh the bill and present it to the governor with and University System (MnSCU)–nearly (DFL-South St. Paul) said many appropria- enough time remaining for Legislators to one-third of which is to be paid back tions cut in the first phase of budget override a possible veto no later than Sun., through user fees. The measure also reconciliation–including education, May 19. He said he did not think the provides $768,000 for projects at the corrections and health and human governor will take the full three days Perpich Center for Arts and Learning, $35 services–have been restored in the second allotted him by the state constitution to million for projects under the Department phase. sign or veto the bill. “I think he’ll make a of Children, Families and Learning, $1.5 Moe and Sviggum outlined the major decision on it within a couple of days. I million to the Minnesota State Academies, provisions of the agreement. For cash flow don’t think he needs to push this into $101 million for projects under the purposes, the full tobacco endowment–of Sunday,” Moe said. Department of Natural Resources, $10 over $1 billion–is made available, million to the Minnesota Pollution Sviggum said. Dollars are shifted from Bonding bill approved Control Agency and $4.75 million to the other programs and a proposed buyback of Members of the Bonding Conference Office of Environmental Assistance. The the June accelerated sales tax payment is Committee, chaired by Sen. Keith bill includes $8.25 million for the Board delayed another year, he said, to increase Langseth (DFL-Glyndon) and Rep. Jim of Water and Soil Resources, $15 million the state’s budget reserve. Moe said that Knoblach (R-St. Cloud), approved the for the Department of Agriculture–nearly programs that rely on interest earned from bonding bill at their meeting Fri., May 17. all of which is paid back through user the tobacco endowment will not be The panel worked primarily on the fees–$11 million for the Zoological threatened. Payments to those organiza- language to accompany the allocations for Gardens, $84 million to the Department of tions will continue, he said, and the use of a variety of capital investments during the Administration, $646,000 to the Capitol the endowment for cash flow will not have lengthy meeting. Area Archeological Planning Board, $8.25 a net effect on the tobacco settlement H.F. 3618 appropriates $979 million million to the Amateur Sports Commis- funds. Moe said the Legislature has tried to for hundreds of state and local capital sion, $31 million for arts related projects, meet the governor more than halfway on improvement projects. The bulk of the $4 million for military affairs, $92.5 his concerns. He said the Legislature has money–$879 million–is borrowed through million for transportation projects and $30.5 million to the Metropolitan Council. The bill also includes $5 million– paid back through user fees–for the Department of Commerce, $775,000 to the Department of Health, $23 million for projects under the Department of Human Services, $13 million for the Veterans Home Board, $26 million for the Department of Corrections, $85 million for the Department of Trade and Economic Development, $1.5 million to the Iron Range Resources and Rehabilitation Board, $16 million to the Housing Finance Agency and $4 Current Senate President Don Samuelson (DFL-Brainerd), second from left, poses in the Senate Chamber million for projects with past Senate Presidents Alan Spear (1993-2001), left, Jack Davies (1981-1982), third from left, and within the Minnesota Ed Gearty (1977-1981) upon conclusion of the closing ceremonies Mon., May 20. Photo by David J. Oakes Historical Society.
3 Committee update Environment and Natural cides on humans, three recently discovered measure is too broad, she said, and gives infestations of gypsy moths–two of which blanket authority for applying pesticides. Resources are in the heavily populated Minneapolis She said the amendment should say more. area–cannot be sprayed. Murphy said the Buzicky said it is important to focus Gypsy moth measure debated moths defoliate trees and can kill younger on existing language. He said current Members of the Environment and trees. The proposed spraying, according to enforcement of pesticide labels is taken Natural Resources Committee, chaired by the attorney general’s written opinion, seriously. The bill, he said, cannot Sen. Jane Krentz (DFL-May Township), would be inconsistent with current law. supercede what the labels allow and met Thurs., May 2, to discuss S.F. 3463, According to Department of Agriculture cannot make law more permissive. Buzicky which clarifies the prohibition on certain literature, gypsy moths are the “single most also said including language for other pest applications of pesticides. The bill, carried destructive forest insect in North species in the bill gives the commissioner by Sen. Steve Murphy (DFL-Red Wing), is America.” The literature also states that 60 the ability to name pests in the future that designed to allow the application of percent of Minnesota is “highly suscep- have not been thought of at this time. pesticide in heavily populated areas to tible” to gypsy moth attack. Craig Johnson, from the governor’s office, stop the spread of gypsy moths in Minne- “It is important that we move ahead also addressed Anderson’s concerns. He sota. It effectively allows pesticide to be with this as quickly as possible,” said said pests under the bill must be dealt with applied in two locations in the Minneapo- Murphy. through biological control. Pesticides lis area where the moths have recently Greg Buzicky, from the Minnesota used, he said, cannot be chemical. been discovered. Department of Agriculture, said the state Anderson, however, said that the use Members devoted their discussion has eradicated 50 infestations of gypsy of just biological pesticides did not give during the meeting to an amendment to moths in Minnesota over the last 30 or so her a lot of comfort. While some biologi- the bill drafted by Murphy. The amend- years. He also said the department con- cal pesticides cause no harm, she said, ment adds exceptions to current law that ducts extensive trapping operations for some do cause harm. She said she needed prohibit the direct application of pesticide gypsy moth eggs every year. The females to know if people will be safe if they might on humans by overspray or target site spray. are unable to fly, he said, and the eggs are come into contact with the spraying. She The measure instead allows the direct transported by humans. He said the current said she wasn’t sure if the language of the application of pesticide on humans when infestations were discovered late last bill gives her that assurance. Responding, the pesticide is intended for use on summer and hatched recently. The Murphy said if a label states humans can humans, for mosquito control operations department, he said, plans to spray May 14. come into contact with product, it can be and for control of the gypsy moth, forest Krentz asked why special mention is used. However, he said, if the label tent caterpillar, or other pest species and made of mosquitos in the amendment. She prohibits contact with humans, then it the pesticide used is a biological agent or asked if mosquitos wouldn’t fall under the cannot be used. “The label rules,” he said. for a public health risk. Under the amend- exception for pesticide application made Anderson asked why, then, the bill was ment, the public health risk must be for a public health risk. necessary. Murphy said it is necessary determined by the commissioner of the Geir Friisoe, with the Department of because according to the opinion of the Minnesota Department of Health in Agriculture, said special mention of attorney general, the law is currently being consultation with the commissioner of the mosquitos is made to deal with current broken. Department of Agriculture. The need for applications on mosquitos. He said current Sen. Leonard Price (DFL-Woodbury) the application must be balanced with the mosquito spraying is not done for health asked if the amendment changes current public health risk and the risk that the risks, but for nuisance reasons. notification procedures for mosquito pesticide application poses to the health of Sen. Twyla Ring (DFL-North Branch) control operations. the general population, especially chil- said the amendment made her nervous. Wy Spano, representing the Metro- dren. The measure also specifies that a She said Legislators were called to rally politan Mosquito Control District pesticide application may take place only around the issue of the gypsy moth, but the (MMCD), said the amendment, if passed, if no alternative method of control exists, legislation was growing beyond just the will force the MMCD to discontinue all the pesticide used is among the least toxic moth. The other issues, she said, need to be mosquito fogging operations. The MMCD, available and residents in the affected area addressed, but, she added, they should wait he said, cannot afford to notify everyone are provided information regarding the for another time. that may come into contact with their application through direct notification “I have some reservations about this mosquito spraying. He said spraying is and through local newspaper publication. amendment,” she said. sometimes done several times each day. He The amendment defines “direct notifica- Murphy, though, pointed to current also said mosquito fogging is not harmful. tion” and is effective the day following law, which prohibits applying pesticides If it was harmful, he said, people would be final enactment. on humans. He said the attorney general’s bringing lawsuits forward. Spano said most Murphy said the bill is the result of a opinion regarding that law prohibits of the language in the amendment has to discussion between the Department of spraying for mosquitos at all. The bill must do with gypsy moths. Mosquito spraying, Agriculture and the Attorney General’s be passed, he said, or there will be no more he said, should be excluded from the Office regarding the current law. Accord- spraying for mosquitos. conditions needed–which include the ing to a recent opinion delivered by the Sen. Ellen Anderson (DFL-St. Paul) notification requirements–to apply attorney general, because current law said there is no criteria for what is allowed pesticide. He noted the Rules and Legisla- prohibits the direct application of pesti- to be sprayed in the amendment. The tive Administration Committee in the
4 other body has already taken the provision In response, Murphy said he supported ration–was adopted. The Pogemiller out. Frederickson’s motion. But the connection amendment was also adopted. The bill was Price said he is in favor of spraying for between illnesses suffered by Gulf War approved and sent to the Senate floor. gypsy moths. He said there was an infesta- veterans and mosquito control, he said, is tion near his home in the 1980s. However, incorrect. He said his brother is a Gulf War Proposed constitutional he recalled a time that an area near where veteran and has an illness that many his children were playing soccer some time veterans have. But the illness, he said, is amendment debated ago was sprayed for mosquitos. Under the not related to mosquito control. Sen. Members of the Environment and amendment, he said, every family going to David Knutson (R-Burnsville) asked Natural Resources Committee, chaired by the soccer field that day would have to where the complaints about mosquito Sen. Jane Krentz (DFL-May Township), have been notified of the spray. He said spraying have been during the last 40 years met Mon., May 6, to discuss a proposed that is a technical problem with the while spraying was taking place. The amendment to the Minnesota constitution. amendment. amendment, he said, is just trying to let the S.F. 1589, carried by Sen. Bob Lessard “The notification part is a problem,” MMCD continue to do what it has been (IND-Int.’l Falls), dedicates 3/16 of 1 he said. “The insertion of mosquito control doing for many years and deal with the percent of Minnesota sales tax revenues for spraying into a gypsy moth bill compli- new problem regarding the gypsy moth. natural resources purposes. Under the bill, cates this amendment.” Anderson said that the attorney 57 percent of the amount obtained Sen. Dennis Frederickson (R-New general’s opinion may be too strict. If through the sales tax dedication is ear- Ulm) asked how long MMCD has been people come into contact with one drop of marked for the heritage enhancement spraying for mosquitos. He also asked if pesticide, she said, that would be a fund, established to improve, enhance and any type of notification takes place now. violation of the law. She said the amend- protect the state’s fish and wildlife Spano said the MMCD has been spraying ment goes too far in the other direction resources, 20 percent is for state parks and for mosquitos since 1944. Regarding and that there needs to be a middle trails, 20 percent is for metropolitan park notification procedures, he said parks are ground. More information needs to be and trail grants and 3 percent is for grant- posted after an application and announce- gathered, she said, before a “wide open in-aid trails. The proposal sets up a 15 ments are placed in newspapers. He also loophole” is created. Anderson also member Heritage Enhancement Council to said the MMCD has a hotline and a suggested that pesticide application under recommend expenditures from the heritage website. the amendment be limited to gypsy moths, enhancement fund, requires any land Frederickson moved to remove forest tent caterpillars or other “invasive” acquired from money in the fund to be mosquito control operations from the pest species. The bill that came to the open to fishing and hunting during the requirements needed to apply pesticide. committee specifies “invasive” pest open season and requires at least 97 The motion, he said, prevents the notifica- species. percent of the fund to be spent on fish and tion requirements from applying to Sen. Lawrence Pogemiller (DFL- wildlife projects. The measure also mosquito control operations. The motion Mpls.) offered an amendment to allow the specifies that the money obtained through was to be incorporated into the amend- application of pesticide on humans for the sales tax dedication cannot supplant ment. mosquito control operations “conducted traditional funding for natural resource Janette Brimmer, from the Minnesota before June 30, 2003.” The language, he purposes. The constitutional amendment Center for Environmental Advocacy, said, allows the issues to be thought must be approved by Minnesota voters on spoke regarding the amendment. The through and dealt with next year. He also the November 2002 general election organization, she said, is relatively com- said the language only deals with mosquito ballot. Under the bill, the money is fortable with the gypsy moth language. control and does not deal with the gypsy dedicated beginning July 1, 2005 and is However, she said she had some concerns moth provisions. appropriated for 21 years. The measure about exempting mosquito control from Sen. Ann Rest (DFL-New Hope) said would generate approximately $115 certain provisions. She said recent research she was less concerned with exempting million annually. by a doctor at the Duke University mosquito control operations from the Lessard said he has never been so Medical Center makes a connection other conditions–such as the existence of enthused about a bill. It is an opportunity, between an illness suffered by many Gulf no alternative control method and the he said, to leave something behind for War veterans and the mosquito control pesticide being among the least toxic future generations of Minnesotans. used by the U.S. Army. Judy Bellairs, from available–than she was with exempting it “I think if we pass this legislation there the Sierra Club, said the group supported from the notification requirements. She will be nothing like it in the United the bill as it came out of the previous said she was less concerned with announc- States,” he said. “I think it’s the right thing committee. However, she said, the group ing an application than she was with what to do and I think we have an historic does not support the amendment because was being applied. opportunity to do so.” of the mosquito control language. She said Murphy said the word invasive was Several people testified in support of harmful chemicals are used to control taken out in the amendment because some the bill. Mary Merrill-Anderson, superin- mosquitos. The exemptions the MMCD is pests that may need to be sprayed are tendent of the Minneapolis Park and asking for, she said, are too broad. She native to Minnesota. If “invasive” remains, Recreation Board, said 29 million people suggested eliminating the mosquito he said, the state will not be able to deal visit the metropolitan parks system each control operations from the amendment with pests native to the state. Murphy’s year. In terms of visitors, she said, this is instead. amendment–with Frederickson’s incorpo- second only to the Mall of America. She
5 Committee update
Minnesota Historical Society tour guide Jean Olson uses props to illustrate the story of women in Minnesota getting the vote to a group of sixth graders in front of the Senate Chamber Tues., May 21. Photo by Shelley Hawes said people value park land, and that parks said the legislation provides a stable Lessard asked what one will say to a are places that make Minnesota great. John funding source for parks and trails. child in the year 2050 if there is no clean Curry, legislative director with the According to literature he distributed, water. He also said he just wants people to Minnesota Center for Environmental state parks are the cornerstone of have the choice and that the bill doesn’t Advocacy, said the money raised is not for Minnesota’s tourism economy, parks take effect until 2006. Curry said it is a narrow special interest. Yearly, he said, preserve and protect open space, provide important to engage in dialogue about the the Department of Natural Resources issues educational opportunities and provide state’s priorities. If the question is put on 8,700 cross-country skiing permits, hands-on volunteer opportunities for the ballot, he said, Legislators will hear 165,000 canoeing permits, 81,000 individuals and groups. Lee Lewis, from over the summer and into the fall what the pheasant hunting licenses, 122,000 Minnesota Audubon, said the bill pro- priorities of their constituents are. Krentz waterfowl stamps, 487,000 deer hunting vides a much needed source of revenue for said the legislation–which has been permits, 17,000 bear hunting permits, 2.3 million fishing licenses and 28,800 the protection of the environment and for discussed in previous years–couldn’t be snowmobile registrations in the state. He conservation. Joe Duggan, from Pheasants approved even when there was a budget said the state parks are visited by 8.2 Forever, said the measure represents a surplus. Maybe it should be done now, she million people each year. He said natural landmark opportunity to take care of said, to make a statement. resource activities generate approximately current and future problems. “We whole- Sen. David Knutson (R-Burnsville) $3 billion of economic activity each year– heartedly support its passage,” he said. presented an amendment requiring money fishing alone generates nearly $1.9 billion Sen. Steve Dille (R-Dassel) asked in the heritage enhancement fund to be of economic activity–and $250 million in what should be cut from the rest of the used to improve, enhance, “and protect the taxes. state’s budget in order to enact the state’s natural resources, fish and wildlife Dorian Grilley, executive director of legislation. The money, he said, must be and habitats for fishing, hunting, and other the Minnesota Parks and Trails Council, taken from some place. uses.” The amendment was adopted.
6 Sen. Charles Berg (R-Chokio) offered he said, to dedicate a portion of the 50 percent and increase the amount an amendment to reduce the amount revenues to water quality. “That’s what allotted to state parks and metropolitan allotted for the heritage enhancement fund people love in this state,” he said. parks to 22.5 percent each. The amend- to 54 percent. The amendment also Sen. Ellen Anderson (DFL-St. Paul) ment was adopted. Krentz moved to amend provides for 3 percent of the dedicated said virtually all Minnesotans use the the bill by requiring that 3 percent of the funds to be spent only for fish stocking. state’s natural resources but may not use revenues be spent on “local trail grants” Berg said the amendment is necessary the resources for hunting or wildlife instead of “grant-in-aid trails.” Her because so many Minnesotans fish and do reasons. They may, she said, just use the amendment was also adopted. The bill was so often. water. She said there should be a balance approved and referred to the State and Sen. Dennis Frederickson (R-New in what the money is spent on. Many lakes, Local Government Operations Committee. Ulm) questioned whether 3 percent was she said, are not suitable for swimming the correct percentage to use. He said he anymore. “For Minnesotans that’s a top Jobs, Housing and was more inclined to have faith in the priority for their dollars,” she said. Heritage Enhancement Council to make Higgins moved to change all the Community Development good management decisions. Sen. Linda percentages in Price’s amendment to 25. Higgins (DFL-Mpls.) questioned the need That, she said, is fair to all of the needs. Resolutions approved to put the amendment into the constitu- Dille said the bill originally specified that Members of the Jobs, Housing and tion. She pointed out that 11 members of 57 percent of the revenues go to the Community Development Committee, the council represent hunting and fishing heritage enhancement fund. Price, he said, chaired by Sen. Ellen Anderson (DFL-St. groups, and that they will be vigilant reduced it to 35 percent and Higgins is Paul), met Fri., May 10, to approve several regarding the issue. Sen. Lawrence reducing it to 25 percent. Pogemiller resolutions. Pogemiller (DFL-Mpls.) said the measure moved to amend Higgins’ motion to Anderson carried S.F. 3469, a provided for too much micro-manage- instead leave the money dedicated to the resolution on human rights in China. The ment. fund at 35 percent and change the money resolution urges the governor, during his Lessard suggested placing the language dedicated to water quality to 15 percent. business development mission to China in the implementation section instead of The motion, however, was not adopted. By June 7-15, to convey to government the constitutional section. Frederickson a vote of 5 to 12, the Price amendment, leaders of China that the people of moved to do that, and to change the including the language regarding the Minnesota are concerned that the people language to instead state that until 2010 council, also failed. of China are being denied fundamental the council must recommend that at least 5 Sen. David Tomassoni (DFL- human rights by the government. The percent of the fund be spent each year for Chisholm) presented an amendment to resolution refers to the first amendment of fish stocking. By a vote of 9 to 7, the require at least 10 percent of the money the United States Constitution and states amendment was adopted. spent by the heritage enhancement fund that the Chinese government has violated Sen. Leonard Price (DFL-Woodbury) on fish and wildlife projects to be used for the rights listed there. offered an amendment to earmark 35 “projects to enhance forest management.” Anderson said it isn’t her intent to percent of the revenue raised for the Tomassoni said forest management has a stop or interfere with trade. However, she heritage enhancement fund, 20 percent for lot to do with how wildlife is managed. said that the governor is a celebrity and state parks and trails, 20 percent for Lessard asked Tomassoni to withdraw the should use his “bully pulpit” to send the metropolitan parks and trails and 25 amendment, and added that he would message that the Legislature is concerned percent for improving water quality. The work with him on the issue. Tomassoni about human rights. amendment also does not include the withdrew the amendment. Instead, “We need to use our influence to try Heritage Enhancement Council. Price said members voted to insert Knutson’s to make some movement,” she said. the measure puts aside money for an issue language from his earlier amendment– Several people testified for and that makes the whole proposal work: water which includes the emphasis on forests– against the measure. Yiyuan Zhau, a quality. into the section regarding the heritage practitioner of Falun Gong, spoke in Lessard, speaking against the amend- enhancement fund. support. Zhau said approximately 50,000 ment, said that water quality and habitat Knutson also offered an amendment people have been detained in China for are synonymous. He said there is nothing to reduce the heritage enhancement fund their practice of Falun Gong. Approxi- in the bill that prevents water quality from from 57 to 55 percent of revenue received. mately 10,000 people, he said, have been being addressed. He also said that there is The amendment also requires 2 percent of forced into hard labor and between 400 no bill without the council. “It’s a killer the revenue obtained to be used for the and 500 have been killed for practicing amendment,” he said. Minnesota Zoological Garden, the Como the religion. He said the governmental Price offered to include the council in Park Zoo and the Duluth Zoo. Zoos, repression represents one of the worst his amendment. He also said he is trying to Knutson said, are the chief conservation human rights abuses in history. Also, he focus on water quality as an important and educational entities in the state. said the human rights situation in China need. It will allow a way, he said, to go to Lessard was amenable to the amendment affects anyone doing business in the work on streams, lakes, rivers and shore and the measure was adopted. country. Ngawang Chemi, from the protection, and to do the things that are Sen. Gen Olson (R-Minnetrista) Tibetan American Foundation of Minne- always discussed but never have enough offered an amendment to reduce the sota, also supported the resolution. funding. It does no harm to the proposal, amount allocated to the heritage fund to Through an interpreter, Chemi said he was
7 Committee update imprisoned for 3 years beginning in 1988 to create 1.5 million housing units over 10 procedures for pull-tab dispensing devices. for protesting the Chinese government. He years. The fund, he said, is targeted for Debate on the measure centered on a said he experienced torture there that is extremely low income people. Charlie section of the bill providing for “linked “beyond description.” Warner, from Homeline, also supported bingo games” and on a section authorizing “There is absolutely no religious or the measure. Both of Minnesota’s U.S. electronic bingo devices. human rights in Tibet,” he said. Senators and four of its eight U.S. Repre- Under the bill, a “linked bingo game” Orin Kirshner, from the Institute for sentatives, he said, support the measure, as is a single bingo game in which players Agriculture and Trade Policy and the do 60 statewide organizations. The bill was participate simultaneously at two or more University of Minnesota, spoke against the approved and sent to the Senate floor. locations and for which there is a common resolution. Kirshner, who spent 3 years Sen. Sandra Pappas (DFL-St. Paul) prize pool. The bill specifies that for a living in China, said that since 1949 the carried S.F. 3468, a resolution to ensure linked bingo game, there is a common Chinese government has done away with a that international trade agreements respect selection of numbers at one location with great deal of poverty, illness and illiteracy the traditional authority of state and local the results of the selection being transmit- in the country. He said China is 1 of 5 governments to protect the public interest. ted electronically to all participating countries in the world where women earn Referring to language in the resolu- organizations. at least 80 percent what men earn. He also tion, Pappas said that foreign investors According to proponents of the said there are around 12,000 churches in have already used the provisions of the measure, the “linked” games allow for the nation with 17,000 religious individu- North American Free Trade Agreement larger prizes because the prize amounts als in a variety of government posts. China, (NAFTA) to challenge core powers of from several locations are pooled together. he said, has overcome significant hurdles state and local governments. According to King Wilson, Allied Charities of Minne- in their development as a nation and is the resolution, the challenges relate to the sota, said the measure is aimed at encour- making progress in reforming its political protection of groundwater, the power of aging more individuals to participate in system. He also said it is important to keep civil juries to use punitive damages to local bingo occasions. in mind the problems in our own country deter corporate fraud, the ability of states The electronic bingo devices autho- before pointing fingers at another. Bud to invoke sovereign immunity and rized in the bill allow an individual to Philbrook, from the organization Global decisions by a local government to deny a play up to 72 bingo sheets at one time. Volunteers, said he is not an apologist for zoning permit for construction of a The devices allow the player to input the human rights violations, but spoke against hazardous waste dump. number announced by the bingo caller the resolution because he believed it Hennepin County Commissioner and compare the numbers to the bingo would not be effective. Considering Peter McLaughlin, representing the sheets purchased by the player and stored America’s past, he said, many Chinese will National Association of Counties, in the device’s memory. view the resolution as hypocritical. He supported the resolution. He said counties Both bingo provisions generated said the vast majority of Chinese don’t see are concerned that local laws can be numerous questions from committee themselves as being persecuted. He also preempted by trade agreements. The members. In the interest of time, said it is better to befriend China. If they resolution was approved and sent to the Vickerman laid the bill over in order to be come to see us as a trusted friend, he said, Senate floor. able to address concerns of the members. they will come to see the past struggles Members also approved three ap- In other action, the panel, chaired by with human rights as a model to follow. pointments made by the governor. Shirley Sen. Roger D. Moe (DFL-Erskine), “Our pounding on their head simply Chase was approved as commissioner of processed three late bills. S.F. 3455, will not help,” he said. The resolution was the Department of Labor and Industry. sponsored by Sen. Ellen Anderson (DFL- approved and sent to the Senate floor. Mike Finch and Peter Bernier were St. Paul), is a resolution supporting the Anderson also presented S.F. 3455, a approved to appointments on the Minne- creation of a national housing trust fund. resolution urging Congress to create a sota Housing Finance Agency. S.F. 3469, also sponsored by Anderson, is a national affordable housing trust fund and resolution conveying the concerns of to support current congressional legislation Rules and Administration Minnesotans relating to human rights to do so. The resolution specifies that as of abuses by Chinese government leaders. S.F. October 2000, 7,589 people are homeless Gaming bill discussed 3468, authored by Sen. Sandra Pappas on a given day, 13,740 are in danger of The Rules and Administration (DFL-St. Paul) is a resolution to ensure losing their homes, the number of people Committee met Tues., May 14, to process preservation of and respect for state and sheltered increased by 17 percent since three bills referred to the panel because of local authority in negotiating free trade 1997, 41 percent of homeless adults are a joint rule concerning late bills and to agreements. All three measures advanced working, 43 percent are children and 45 discuss a measure making numerous to the Senate floor. percent of new jobs created pay $11.17 per technical changes in lawful gambling Members also approved a resolution hour or less. The resolution also states that provisions. recognizing 100 years of Minnesota 4-H. Minnesota had a population gain of over The lawful gambling bill, H.F. 3073, Sen. Claire Robling (R-Prior Lake), 500,000 during the 1990s with an increase carried by Sen. Jim Vickerman (DFL- sponsored the resolution and said the in total housing of only 217,501 units. Tracy), makes technical, clarifying and resolution celebrates 100 years of 4-H Chip Halbach, from the Minnesota conforming changes in laws related to success in Minnesota and the positive Housing Partnership, spoke in favor of the lawful gambling. The measure also developmental influence 4-H has had for resolution. He said the goal of the fund is modifies definitions, prize amounts and Minnesota youth.
8 Finally, members approved a measure, The bill, S.F. 1589, authored by Sen. from money in the fund to be open to H.F. 2886, specifying that members of the Bob Lessard (IND-Int’l. Falls), directs 50 fishing and hunting during the open season Leech Lake Reservation may prove percent of the receipts to a newly created and requires at least 97 percent of the fund residence for purposes of voter registration heritage enhancement fund to be spent to be spent on natural resource projects. by showing an identification card issued only to improve, enhance, and protect the The measure also specifies that the money by the tribal government of a tribe state’s natural resources, fish and wildlife obtained through the sales tax dedication recognized by the Bureau of Indian Affairs. and habitats for fish and hunting. In cannot supplant traditional funding for According to Sen. Anthony “Tony” addition 22.5 percent of the receipts may natural resource purposes. The constitu- Kinkel (DFL-Park Rapids), chief author, be spent only for state parks and trails and tional amendment must be approved by the bill is designed to serve as an addi- 22.5 percent of the receipts may be spent Minnesota voters on the November 2002 tional means of showing residence when only on metropolitan regional park and general election ballot. Under the bill, the registering to vote. The bill was advanced trail grants. Finally, under the bill, 3 money is dedicated beginning July 1, 2005 to the Senate floor. percent may be spent only on local trail and is appropriated for 21 years. The grants and 2 percent may be spent only for measure would generate approximately Closing resolutions okayed the Minnesota Zoological garden, the $115 million annually. The Rules and Administration Como Park Zoo and Conservatory and the Sen. Martha Robertson (R- Committee met briefly Fri., May 17, to Lake Superior Zoological Gardens. Minnetonka) asked why the Legislative consider several resolutions relating to the Committee members adopted an Commission on Minnesota Resources operation of the Senate after adjournment. amendment that delays placing the (LCMR) is not used–instead of the In addition, members heard a brief constitutional amendment on the ballot council–to recommend expenditures. The presentation on a bill, S.F. 3383, provid- until the November 2004 general election. bill, she said, creates a new group, rather ing for a constitutional amendment The panel advanced the bill to the floor than just using a group that is already in authorizing initiative and referendum in on a 17-3 roll call vote. place. She also said she was concerned Minnesota. The bill, authored by Sen. Roy Members also approved the tradi- with giving a group that is not entirely Terwilliger (R-Edina), requires proposals tional end-of-session revisor’s bill. S.F. made up of members of the Legislature for an initiated law to be by petition from 2891, carried by Sen. Don Betzold (DFL- responsibility over general fund money. a specific percentage of voters in three- Fridley), corrects miscellaneous oversights, The LCMR, she said, is at least entirely quarters of the congressional districts. inconsistencies, ambiguities, unintended made up of members of the Legislature. Terwilliger said the measure had safe- results and technical errors. “I have a real problem taking money guards built in to avoid the situations that that will no longer be under the discretion created difficulties in California and State and Local Government of the Legislature,” she said. Washington–two other states with initia- Lessard said the council is the “guts” of tive and referendum. Terwilliger also said Operations the bill. He said he wants the public– people in the field–involved in the that he was not going to request a vote on Proposed constitutional the proposal, but rather urged members to process. In fact, he said if he had his way consider the bill over the interim. amendment discussed there would be no Legislators on the The panel, chaired by Sen. Roger D. Members of the State and Local council. Moe (DFL-Erskine), approved resolutions Government Operations Committee, Lessard offered an amendment to relating to the delivery of bills to the chaired by Sen. Jim Vickerman (DFL- require the council to conform with the governor after final adjournment, notify- Tracy), met Wed., May 8, to discuss a open meetings law. The amendment also ing the other body the Senate is about to proposed amendment to the Minnesota requires the council to provide a master plan for expenditures, clarifies that adjourn, notifying the governor the Senate constitution. expenses incurred by council members are is about to adjourn and regarding the S.F. 1589, carried by Sen. Bob Lessard not to be paid until July 1, 2005 and conduct of Senate business during the (IND-Int’l. Falls), dedicates 3/16 of 1 eliminates the phrase “other uses” on the interim between sessions. percent of Minnesota sales tax revenues for natural resources purposes. Under the bill, list of items money in the fund may be Finally, members approved a memo 50 percent of the amount obtained used for. relating to interim per diem and travel through the sales tax dedication is ear- Sen. Lawrence Pogemiller (DFL- reimbursement. marked for the heritage enhancement Mpls.) moved to divide the amendment. fund, established to improve, enhance and The language regarding the “other uses” for Final meeting held protect the state’s natural resources, 22.5 the heritage enhancement fund and the The Senate Rules and Administration percent is for state parks and trails, another expenses incurred by council members was Committee met for the last time this 22.5 percent is for metropolitan park and withdrawn and the rest was adopted. Legislative Session late in the afternoon trail grants, 3 percent is for local trail Pogemiller offered an amendment Sat., May 18. The panel, chaired by Sen. grants and 2 percent is for the Minnesota requiring that a gift ban in current law Roger D. Moe (DFL-Erskine), considered a Zoo, Como Park Zoo and the Duluth Zoo. apply to members of the council. The measure proposing a constitutional The proposal sets up a 15 member Heri- amendment was adopted. Pogemiller also amendment dedicating 3/16 of one tage Enhancement Council to recommend offered an amendment requiring represen- percent of the state’s sales tax receipts for expenditures from the heritage enhance- tatives of the environmental community– natural resource purposes. ment fund, requires any land acquired along with those representing hunting,
9 Committee update fishing and wildlife interests–be included safety communications through an increase $105,000 is for statewide chemical on the council. in the 911 emergency telephone service assessment teams. Also, $150,000 is Lessard said he did not support the fee, but the amount of the increase is less earmarked to add all newly convicted amendment. He said the measure is an than that contained in previous offers. felons to a DNA database, $600,000 is for environmental bill and that he did not Stanek responded that the House increased State Capitol Security, $400,000 know how much more environmental it members supported funding through is for grants to medical resource control can be. The environment, he said, is bonding and the general fund. “We are not centers and $5,000 is for salaries and included in everything that is done in the going to raise taxes,” Stanek said, “You call expenses related to upgrading and modify- bill. He said the amendment broadens the it a surcharge, but we call it a tax increase.” ing the 800 megahertz executive team focus of the bill, especially considering Ranum said the offer was made in report for the statewide, shared trunk radio what the definition for “environment” can good faith. “We are very interested in and communications system. mean. He opposes the amendment, he said, communications improvements as the best The bonding bill provides for $13 not because he doesn’t want to protect the method for responding to disasters–man- million in bonds to be sold for public environment, but because he wants to made and natural–and we pay for it with safety radio system towers from the Twin maintain the bill’s focus. Sen. Dan Stevens less than a quarter.” Cities area to St. Cloud and Rochester, (R-Mora) said the bill is focused and that However, Stanek said, “Unless you provides for bonds to be sold to render a focus needs to be retained. Adding can get past this tax increase, we won’t 25 percent state match for the local costs environmental interests, he said, causes the have anything.” of the radio system hookup and allows for bill to spill over into areas on which the Rep. John Tuma (R-Northfield) the remaining 75 percent to be levied LCMR is already focused. moved to accept 10 items that are identi- locally. The compromise language also Pogemiller said the amendment cal in both bills. Ranum responded that provides for $500,000 in bonds to be sold broadens support for the legislation. Since the Senate conferees were not interested in to establish an anti-terror training facility it is an environmental bill, he said, it moving through the bill piecemeal and at Camp Ripley. should be acceptable to include a person that they wanted to consider a total offer The bill also establishes a homeland with environmental interests on the made by the House conferees. security council to administer state and council. Members debated the process by federal anti-terror funding, creates a “I just thought it made the bill more which the conference committee would statewide radio system governing council consistent,” he said. conduct negotiations before House and increases penalties for acts of terrorism, Robertson said the amendment only members made a counteroffer. The House trespassing at vital facilities and the use of dealt with the members of the council. It offer maintained the provision funding the weapons of mass destruction. Driver’s is, she said, only adding to the characteris- communications through direct appropria- license restrictions for foreign visitors, tics of the four public members of the tions and bonding. The panel adjourned including a House-sponsored provision to council who are selected. to continue negotiations. color code the drivers licenses of immi- “It’s not related to the use of the funds grants, were not included in the final at all,” she said. Pogemiller withdrew the Anti-terrorism measure approved measure. Also among items excluded from amendment. After a long meeting, members of the the final bill were provisions requiring Sen. Don Betzold (DFL-Fridley) Anti-terrorism Conference Committee, background checks to use crop dusters and offered an amendment to clarify that the chaired by Sen. Jane Ranum (DFL-Mpls.) establishing a biological agents registry. money earmarked for metropolitan park and Rep. Rich Stanek (R-Maple Grove), The language was approved and members and trail grants is for metropolitan “re- approved anti-terrorism language early agreed, in order to expedite the process, to gional” parks and trail grants. The amend- Sun. morning, May 19. add the language in the form of an ment was adopted. The bill was approved The measure raises $4.2 million each amendment to a bill awaiting action on and re-referred to the Finance Committee. year through a 6 cent per month increase the Senate floor. in telephone surcharges for current 911 CONFERENCE COMMITTEES services. Beginning in 2005, of the 6 cents, Bonding bill 1.5 cents each month is designated for public safety answering points and another Senate makes offer 1.5 cents each month is designated for the Members of the conference committee Anti-terrorism Metropolitan Radio Board. The designa- on the capital investment bill, H.F. 3618, tions will raise $1.4 million each year for met Thurs., May 9, to discuss a Senate Offers exchanged the provisions. The bill appropriates a offer. The panel, chaired by Sen. Keith The conference committee on H.F. total of $13 million in 2003. Of the $13 Langseth (DFL-Glyndon) and Rep. Jim 2622, the anti-terrorism package, met late million, $3.75 million is for grants for Knoblach (R-St. Cloud), took no action in the afternoon Fri., May 10. The panel, police and firefighter equipment, $7.5 on the bill. chaired by Rep. Rich Stanek (R-Maple million is for emergency responders Langseth began the meeting by saying Grove) and Sen. Jane Ranum (DFL-Mpls.), training and to establish regional training that after weeks at an impasse, the confer- first considered a compromise offer centers, $250,000 is for bomb disposal ees still did not have a target figure for sponsored by the Senate members. squads, $240,000 is to add hazardous bonding projects. He said Senate Minority The new offer continues to include a materials response (HAZMAT) teams in Leader Dick Day (R-Owatonna) had provision funding the expansion of public Duluth, Rochester and Moorhead and proposed splitting the difference equally
10 Senators Pat Pariseau (R-Farmington), far left, and Thomas Neuville (R-Northfield), center, listen as Minority Leader Dick Day (R-Owatonna) talks legislative strategy during a recent floor session. Photo by David J. Oakes between the House and Senate bills, MnSCU, said the pitched roof proposed a different view of the fair middle than the arriving at a total of $908 million. for the building is not ornamental but will Senate. He said the Senate passed its bill However, Langseth said, only three of the be compatible with other buildings on before the limit on bonding had to be four caucuses had agreed the Day proposal campus and protect many mechanical revised downwards after the February was fair. “We feel that this $908 million systems that are housed on the roof. He forecast. Also, Knoblach said, the House plan can go to the governor,” Langseth said said building the structure with a flat roof funded several programs in the bonding in presenting the Senate offer. He said the will require raising the walls and halve the bill that the Senate funded with a general offer is well-balanced across the state, roof’s lifespan. fund appropriation. though it invests heavily in higher Sen. Don Samuelson (DFL-Brainerd) Sen. Richard Cohen (DFL-St. Paul) education and natural resources projects. moved to adopt the Senate figures for said the House was a moving target. He After a recess for the House conferees projects, leaving the conference commit- said Knoblach’s first statement suggested a to consider the offer, members examined tee to resolve differences on language that target of about $860 million but was specific items in the bill. Among them was had been identified by research staff and contradicted by his second statement, a $1 million difference between the House legal counsel. Knoblach said the Senate which implied that the House position and Senate proposals for building a new proposal was constructive but that the should be revised further. Knoblach said a science building on the Winona State House believed $908 million was still too more appropriate middle figure, which University campus highlighted by Rep. much to be borrowing, especially with a excludes the other programs, is about $823 Dan McElroy (R-Burnsville). He said the possible deficit in future biennia. The million. Langseth said a capital investment main difference seems to be whether the motion failed with all Senate conferees bill with a total in the low $800 million building should have a plain or ornamen- voting for it and all four present House range was inadequate. tal roof. Sen. Deanna Wiener (DFL-Eagan) conferees voting against it. Seeking to find some compromise, said the predesign for the building has “What does the House think is a fair Rep. Dave Bishop (R-Rochester) suggested already been done and going backwards in number? Does the House even think we the conferees adopt the programs that both the process will cost at least $1 million, should have a bonding bill?” asked bodies funded at the same level. Langseth resulting in no net savings. Alan Johnson, Samuelson. Knoblach said the House had said the proposal sounded nice at first, but
11 Committee update ran up against a major problem: anti-terrorism conference committee to reductions at the Dept. of Corrections and prioritization. He said the Senate had work out.” Sen. Dave Bishop (R-Roches- SOS. Goodno said there were four crafted a priority list when drafting its bill. ter) disagreed and said the House had remaining issues that he wanted to resolve The Senate would rather negotiate for a studied the issue very carefully and had through considering four amendments. All higher priority item that the House did not concluded that the appropriation designa- four amendments were rejected by the fund than agree to fund a low priority tion, for the radio backbone to extend to committee. They included provisions item, Langseth said. the Southeast, was the designation agreed reducing family planning special project upon. grants by over $1 million, limiting grants Negotiations falter The panel was unable to resolve the to organizations not performing abortions Members of the Capital Investment dispute and adjourned without taking nor referring persons to abortion providers Conference Committee came close to an action. and converting family planning grant agreement at a meeting Wed., May 15. funds to natural family planning. Goodno However, a disagreement over the use of a Budget reconciliation also offered the so-called “Women’s Right $13 million appropriation for the emer- to Know” amendment as one of the four. gency radio system prevented members Negotiators meet over weekend Sen. Linda Berglin (DFL-Mpls.) from completing work on the bonding bill, Members of the conference committee offered an amendment extending the 60- H.F. 3618. The panel, chaired by Rep. Jim on H.F. 3270, the second phase of budget month limit on the Minnesota Family Knoblach (R-St. Cloud) and Sen. Keith reconciliation, met Sat., May 11, and Sun., Investment Program by 12 months. She Langseth (DFL-Glyndon), had developed May 12, in an effort to resolve major areas said the extension will cost about $4.5 a package that provides for $881.165 of contention on the bill and present a million, none of which will come from the million in bonding with an additional solution with enough time to override a general fund. The amendment was not $5.946 million in general fund appropria- possible veto before the 82nd Legislative adopted by the panel. Conferees then tions. Those totals are off-set by bond and Session’s final adjournment. adopted the health and human services general fund cancellations of $7.037 The panel, chaired by Sen. Douglas agreement. million. The net spending contained in Johnson (DFL-Tower) and Rep. Kevin Johnson said that three major issues the measure is $880.074 million. Goodno (R-Moorhead), met briefly Sat., remained: taxes, K-12 education and a At the beginning of the hearing, May 11, to update the public on negotia- budget reserve. He said experts on the first Langseth said higher education and the tions between specialists in various areas of two areas were still working. “The one big environment are the big, big winners in the the budget, including health and human piece that has eluded us so far is a mecha- bill. The measure provides a total of services, K-12 education and taxes. “We’re nism to provide a substantial budget $160.209 million for the University of making progress, but we’re not yet there,” reserve,” he said. The Senate proposal is to Minnesota and $209.563 million for the said Johnson. He said the conferees have refinance $245 million of general fund MnSCU system. Environmental spending agreed on a few areas, including not using appropriations for transportation projects for a variety of projects totals $101.612 tobacco endowment funds for any use with bonds and transfer the cash to the million. other than cash flow. Johnson said that no budget reserve. Goodno said the proposal The measure also contains funding of taxes increases with a net impact on the was unacceptable to many members of the $24 million for the Guthrie Theatre, $5 general fund will be considered. “There House because the net effect is still to take million for the Minneapolis Children’s seems to be some consensus to reopen the $245 million of transportation projects out Theatre and $92.5 million for transporta- people’s residence on Summit Avenue,” he of play. “That is $245 million in bonding tion projects. The compromise measure said, after the structure had been closed that could be done now,” he said. Johnson contains no funding for the Northstar rail because of cuts to the governor’s budget. said that all proposals to provide a budget corridor, but does include $20 million for Conferees had also agreed, he said, to reserve have had problems. The House has a Northwest Metro busway. provide $10 million for debt service and rejected, among other offers, cigarette tax At the outset of the meeting, Sen. Don $13 million for anti-terrorism efforts out of increases and temporary income tax Samuelson (DFL-Brainerd) offered an the general fund FY 02-03 budget. Johnson increases. “We cannot think of anything amendment to add a $20 million appro- also said the panel agreed to cut the else available,” Johnson said, and the priation for the Northstar rail corridor. Legislature’s budget by $5 million. House needs to suggest a solution. Sen. Rep. Dan McElroy (R-Burnsville) argued Sun., May 12, the panel reconvened Dick Day (R-Owatonna) said the Senate against the amendment and said, “The to adopt an agreement on the health and Republican caucus supports using funds in House has determined that the Northstar human services sectors of the budget. the tobacco endowment. He said many corridor is not a smart transit alternative. Goodno said the House had moved back states are using their tobacco money to get The busway that is included in the bill is a from cuts in Emergency Assistance, through the recession and Minnesota more modern method of smart transit.” The Emergency General Assistance and should follow. amendment failed. General Assistance Medical Care. Joseph Conferees adjourned to continue Sen. Deanna Wiener (DFL-Eagan) Flores, House fiscal analyst, outlined the work on the outstanding areas in the bill. questioned the appropriation of $13 agreement, which includes a $900,000 million for the 800 megahertz public safety deficiency appropriation for veterans’ Offers made radio system. “The Senate has not agreed homes, a restoration of $4 million to the Members of the Budget Reconcilia- on the dispersement of the $13 million State Operated Services (SOS) and a tion Conference Committee, chaired by and we would like to leave this for the restoration of half of the hiring freeze Sen. Douglas Johnson (DFL-Tower) and
12 Rep. Kevin Goodno (R-Moorhead) met Members approved various health and governor to consult with public health Mon., May 13, to discuss a House offer human services budget provisions. The experts before declaring a national security regarding K-12 education issues. approved proposal restores cuts to some emergency or peacetime emergency. Johnson said the biggest issues still areas–including $4 million for state Members adopted a request by Department facing the committee are K-12 education, operated services–and reduces funding in of Health Commissioner Jan Malcolm to the budget reserve and consultants and other areas. The measure includes budget add the director of homeland security and contracts. Goodno said taxes are also still riders for the Department of Human the commissioner of public safety as an issue. Goodno presented a House offer Services, Department of Health and the individuals with whom the governor must regarding K-12 education containing three Veteran’s Homes Nursing Board, and consult before an emergency declaration. options from which to choose. The first exempts the Department of Human The same directors are also included in a two options both include Senate language Services from the hiring freeze and task force that will study emergency health providing for permissive private alterna- contract moratorium–established earlier in powers issues in a provision found later in tives, technical language regarding the the session–for the purposes of establishing the bill. The committee also adopted Minnesota state academies for the blind and implementing the supplemental drug House language that automatically and the deaf, fund transfers for the rebate program. The measure also makes terminates a emergency declaration due to Butterfield and Truman School Districts changes to surcharges on licensed nursing a public health emergency in 30 days, or and a $5 million reserve of operating home beds, delays implementation of a allows the Legislature to terminate the capital for school telecommunications. provision that prohibits certain Intermedi- declaration at any point. The first offer includes several levies, ate Care Facilities for People with Mental Malcolm said one of the most including $20 per pupil for safe schools, Retardation (ICFs/MR) from receiving important tools for the department is the which is a $9 increase from current law. variable rate adjustments, modifies the House language adopted by the committee The first option also includes appropria- definition of income for MinnesotaCare that gives the governor authority to ensure tions for declining pupil aid for four Iron enrollees who are farm employed and safe disposition and identification of dead Range school districts in the Senate bill, modifies Minnesota Family Investment bodies. Members also adopted House appropriations for declining pupil aid for Plan (MFIP) hardship extension provi- language that allows the commissioner of Albert Lea, $1.3 million for a statewide sions. health to classify data related to an public employee health benefits study and individual believed to have contracted a $10 million in referendum equalization aid. Under the offer the equalization aid is Emergency health powers communicable disease due to a public paid for by using either local government health emergency. aid growth, ongoing tobacco payments or Agreement reached Members adopted House language by refinancing Temporary Assistance to Members of the Emergency Health that outlines an individual’s right to refuse Needy Families (TANF) funds. The Powers Conference Committee, chaired by examination and treatment during a second offer includes only the safe schools Sen. John Hottinger (DFL-Mankato) and public health emergency, but reserved the levy and appropriations for Albert Lea and Rep. Richard Mulder (R-Ivanhoe), met right of the commissioner of health to the health benefits study. The third offer, Thurs., May 2, to hash out an agreement isolate or quarantine that individual. which constitutes the original House that incorporated provisions from both the Members adopted an additional Senate position, includes no K-12 provisions. House and Senate Bills. The conference provision that requires health care After a recess, Johnson presented a committee report was adopted pending providers, when feasible, to notify indi- Senate counteroffer regarding K-12 review of the final draft of the document. viduals of their right to refuse examination education. The offer delays 16 percent of House members agreed to substitute a and treatment and the possible conse- the state’s payments to school districts–and language change throughout the bill where quences of isolation and quarantine upon appropriates $15 million in 2003 for any reference to “bioterrorism” is changed refusal. schools with cash flow problems as a result to “public health emergency,” the term The committee adopted House of the delay–and includes aid for several used in the Senate bill. definitions for communicable disease, school districts and the Perpich Center for Mulder moved that the committee isolation, and quarantine. Members also Arts Education. The offer contains a adopt the House language related to the adopted the House provisions that number of levies–more than the previous declaration of a national security emer- described the general requirements for the House offers–including $20 per student for gency and the declaration of a peacetime isolation and quarantine of individuals. safe schools. The offer also contains an emergency, which requires the governor to Rep. Thomas Huntley (DFL-Duluth) said appropriation of $1.3 million in 2003-04 call the Legislature into session at the time the language is designed to create the least for the statewide public health benefits of declaration unless the Legislature is restrictive environment possible for study and telecommunications funding for already in session. The language was effective quarantine. Malcolm said the schools. The Senate offer was not ap- adopted. provisions contain appropriate checks and proved. Members also adopted Senate balances and the inclusion of individual Members voted on each of the three language that incorporates public health rights. The committee also adopted House House offers. Each vote failed. Members emergency language into existing provi- language related to due process procedures also took a number of votes on K-12 sions related to the governor’s rules and during isolation or quarantine. According provisions, and other issues, to solidify orders and emergency powers. Another to the bill, the commissioner of health their positions on certain issues. All the provision from the House language that must get an ex parte court order authoriz- votes also failed. was adopted was the requirement for the ing the quarantine or isolation of indi-
13 Committee update viduals. An additional provision was liability for health care workers involved ing human health as an additional study adopted that states a person cannot be in a public health emergency, due process topic. quarantined for longer than 21 days. protections for individuals under quaran- After a period of discussion, members Members adopted House provisions tine, the enforcement methods used to established the sunset date of the bill as related to how long an individual may be ensure compliance with emergency Aug. 1, 2004. isolated or quarantined without an ex measures and the impact of the recommen- Sen. Warren Limmer (R-Maple parte order, but amended the amount of dations on the constitutional rights of Grove) offered an amendment that time from 72 hours to 48 hours. citizens. At the request of Hottinger, clarifies the definition of medical supplies. The committee also adopted the members agreed to allow a member of the The amendment was adopted. House language that describes the study of Board of Animal Health to participate in the emergency health powers issues. the study, and include the ways to preserve Report adopted Among the topics that are included in the the effectiveness of fluoroquinolones and In a brief Mon., May 6, meeting of the study are provisions for immunity from other antibiotics that are vital to protect- Emergency Health Powers Conference Committee, chaired by Sen. John Hottinger (DFL-Mankato) and Rep. Richard Mulder (R-Ivanhoe), members adopted the final draft of the conference committee report for H.F. 3031. Members adopted a technical amendment that made no substantive changes to the bill. Sen. Warren Limmer (R-Maple Grove) offered an additional amendment that requires the recommendations of the emergency health powers study group to be published in the State Register, allows the public to comment on the recommenda- tions for 30 days, and requires that all meetings be open to the public. Hottinger said that he was concerned about the precedent of reopening the bill at this stage. Limmer replied that his intent wasn’t to rehash the issues, but address little things that sometimes slip through. Mulder said that the bill clarifies to the public that there won’t be any secret meetings. The amendment was adopted. The conference committee report for H.F. 3031 was adopted as amended. Omnibus jobs bill Final agreement reached Members of the conference committee on S.F. 3431, the omnibus jobs and economic development bill, reached a final compromise on the many issues within the legislation Tues., May 14. The panel, chaired by Sen. Ellen Anderson (DFL-St. Paul) and Rep. Dan McElroy (R-Burnsville), agreed to offer 13 weeks of extra unemployment benefits to employees laid off from airlines and airline-related industries, employees laid off from the St. Cloud, Eveleth and Mora locations of Fingerhut and employees laid off from Farmland Foods. The final bill Sen. Leonard Price (DFL-Woodbury) displays the latest version of the state’s also extends unemployment benefits for “Critical Habitat” license plate, bottom, along with the previously released edition laid off workers who do not qualify for in front of the Capitol Tues., May 14. Photo by Shelley Hawes
14 benefits under federal law. Under the bill, same language regarding the requirement Reiter said she preferred that a employers may not require employees or to recite the Pledge, but the Senate bill substitute word would be found for prospective employees to pay for back- also calls for weekly civics education. “unpatriotic” because of its negative ground checks or training required by law. Minnesota School Boards representative connotations. Marquart said that the Conferees agreed to change the split of Bob Meeks asked members to add lan- provision waters down patriotism to the redevelopment funds allocated by the guage that clarifies that the civics educa- lowest common denominator. Department of Trade and Economic tion requirement is limited to when school Orville Otterness, legislative chairman Development. Under current law, such is in session. for the American Legion, said that while funds must be given in a balanced way, Larson said that the House language they supported the House version of the with a minimum of 25 percent going to simply states that any student or teacher bill, they recognized the need for compro- rural projects. The conference committee may be excused from reciting the Pledge mise. He said the Legion continues to report changes the split to 50 percent so without penalty. However, Butler said the support the Moua amendment. long as adequate applications are received Senate adds a provision that the adult Larson said both bills allow local for projects in both Greater Minnesota and person in charge of the class must discuss school districts to waive the Pledge the Metro Area. the history and meaning of the Pledge at requirement, but the House bill states The bill also provides that parents of the beginning of the school year, and also schools boards must waive the requirement foster children have the same benefits for inform students that any student wishing annually by a majority vote. Meeks said school conference and activity unpaid not to say the Pledge should not be that such annual reviews are reserved for leave as parents of biological and adopted considered unpatriotic. contracts. “This type of micromanagement children. An agreement on youth employ- Reiter said the Senate added the isn’t necessary. Allow school boards to ment was reached that requires that provision because members felt teachers make the decision at any time,” Meeks priority be given for projects using had to say something about those who said. Youthbuild, provided that the project chose not to participate because of Rep. Bruce Anderson (R-Buffalo work is appropriate and the use of feedback from constituents of diverse Township) made a motion for the commit- Youthbuild will not increase the cost of backgrounds who felt the language was tee to adopt the House language with an the project. necessary. Sen. Steve Murphy (DFL-Red additional provision that schools must Anderson moved the Senate position Wing) said the language contained in the describe the Pledge requirement in the on ergonomics standards as one of two Senate provision was drafted by members student handbook. Moua said she objected final amendments to the report. McElroy of the American Legion, and represents a to the motion because it ignored the said the commissioner of labor and compromise between the Legion and the Senate debate on several key provisions. industry was against the language and author of the amendment, Sen. Mee Moua Two seniors from Eden Prairie High favored an advisory system toward (DFL-St. Paul). “The Senate is pretty firm School, Brianna Moody and Sam Neher, reaching ergonomics guidelines. The with the language,” said Murphy. “It speaks said they supported an open discussion amendment was not adopted. Anderson to the folks who choose not to say the format. “We think it is a wonderful idea to also offered an amendment requiring the Pledge whose concerns need to be ad- educate everyone in a discussion format so commissioner of labor and industry to dressed. I applaud the Legion members students can understand why people chose report back to the Legislature on the Dept. who drafted the language. It shows respect not to say the Pledge. It will lead to more of Labor and Industry’s activities regarding for the rights of everyone.” understanding of people with differences,” possible ergonomics standards. She said the Cassell said he had serious difficulty Moody said. amendment does not predispose recom- with the provision because it sends the Anderson’s motion failed on a tie mendations for standards or even that there wrong message to students. “In my years of vote. The meeting was adjourned. will be such recommendations. The experience as a educator, we just don’t get amendment was not adopted. up in advance to make an announcement Clear Indoor Air Act and before the activity is started,” he said. Rep. Pledge of Allegiance Paul Marquart (DFL-Dilworth) agreed. Profile of Learning “The provision is problematic because it Bill provisions debated draws attention to students that they don’t Identical language adopted Members of the conference committee have to say the Pledge,” he said. “It tends Members of the conference committee on H.F. 2598, a bill that requires the to single out the Pledge in a negative way.” on S.F. 3133, chaired by Sen. Dan Stevens recitation of the Pledge of Allegiance in Moua defended the provision because (R-Mora) and Rep. Marty Seifert (R- all public and charter schools, compared it provides a broader context for Pledge Marshall), met to discuss the Clean Indoor and debated competing provisions of the recitation. “If we have rote recitation of Air Act and the Profile of Learning. bills Wed., May 8. The committee, chaired the Pledge, people won’t have an under- Versions of the bill passed by each body by Sen. Mady Reiter (R-Shoreview) and standing of what they are saying.” Moua included identical language relating to Rep. George Cassell (R-Alexandria) failed said. “The language gives the teacher the implementation of the Clean Indoor Air to reach an agreement on language. opportunity to say that people have the Act. The identical language–which Senate Counsel Ann Marie Butler and right, for personal or religious reasons, not prohibits Department of Health (MDH) House Counsel Lisa Larson presented a to say the Pledge. It is a wonderful teach- rules adopted after Jan. 1, 2002, from side-by-side comparison of the bills. ing moment about patriotism and what it taking effect without approval of the rules According to Butler, the bills contain the means to be an American.” in law–was adopted by conferees.
15 Committee update Pat Conley, MDH, said an administra- eligibility for federal funding without the losing over $200 per pupil in federal tive law judge reviewing the adopted rules standards included in the Profile. Stevens money, Hasbargen said. issued a report saying the department had said he understands the need to comply Lisa Lindberg, a private citizen not overstepped its bounds in issuing rules with federal requirements for standards, involved in a grassroots effort to maintain requiring separate ventilation in restau- but the amount of federal money the state Minnesota standards, said Legislators are rants with smoking sections. She said the receives is too small. He pointed to a study misguided in accepting a low grade on department, though, did not have a reporting that Minnesota is at the top of accountability mentioned at a previous position on the legislation delaying the national achievement rankings for fourth- meeting. She said the low grade was based effective date of the rules until after and eighth-graders, but is fifth from the on a standard of whether a state has a Legislative approval. bottom in a ranking of states’ standards and mandated core curriculum. Lindberg said Members then turned to consideration accountability. “The Profile either needs Minnesota has always valued local control of House language requiring all rules to get to be repealed or needs drastic changes,” of schools, and thus avoided a core approval from the Legislature before they he said. curriculum. The Profile, she said, is broad become effective. Tom Joachim said the Montano said the report contains and flexible. Lindberg said that many Dept. of Administration is in the final several positive comments on the Profile. teachers have said they will not risk stages of 10 sets of rule adoptions to She said the report indicates that students engagement with proposed standards or update the state building codes. He said have enhanced higher order thought under changes in Minnesota’s education system the department has held over 100 advisory the Profile education system. States with again if the Profile is scrapped. meetings with the industries involved in high standards rankings in the report, Rep. Marty Seifert (R-Marshall)–who the proposed rule changes. Joachim said Montano said, only require students to co-chaired the panel with Sen. Dan the impact of the proposed legislation is to regurgitate information, not apply it. Stevens (R-Mora)–said that children delay many construction projects until Seifert said the fight to repeal the Profile is educated at home and in private school after next session. Stevens said most rule no longer politically driven. “This is not are performing well without the Profile. changes are very technical. “I don’t know just right-wing ghouls,” Seifert said. He Lindberg said that private schools tend to that we have the expertise in the Legisla- said there are serious problems with the have much higher parental involvement in ture to deal with all those changes,” he Profile, but Legislators are not hearing the educational process, which will affect said. Sen. Sandra Pappas (DFL-St. Paul) solutions from the department. student performance. She also said that said there used to be a joint commission on many private schools are examining the rules. However, she said, the commission Profile discussion continues Profile, though they are not adopting it was abolished. Controversial rules, she Members of the conference committee outright. said, receive legislative consideration on S.F. 3133 met Mon., May 13, to Rep. Gene Pelowski (DFL-Winona) anyway. continue discussion of proposed legisla- said there are no guarantees the state will Seifert said the House concern was tion repealing the Profile of Learning. lose federal funding if the Profile is that many constituents, both his own and Before turning to that subject, however, repealed. Assistant Commissioner of CFL those of other members, offer complaints the panel adopted an amendment permit- Jessie Montano said other states are already about requirements imposed upon them. ting school districts to offer an additional being notified that they are at risk of losing He said that in almost every case, the testing opportunity to students of limited funding. She said the federal government requirements came about because of English proficiency who are in their has a review process to determine if a state rulemaking. It is wrong for people without anticipated graduation year. is in compliance. Minnesota is scheduled election certificates to be making laws Vernae Hasbargen, representing the for review in August and September 2002, everyone has to live by, Seifert said. After Minnesota Rural Education Association, Montano said. administrative officials have made rules said it is critical for the state to look ahead Seifert suggested the conferees could with the effect of law, the Legislature often on the standards issue, especially because find a solution by repealing the old rules, of federal funding. She said the state must has to go back to undo what has been granting new rulemaking authority to CFL fix the Profile, but not repeal it. Reports done, he said. Conferees voted not to for the creation of standards and requiring have been commissioned by the depart- the new rules to be approved by the accept the proposed language from the ment, after legislative concerns were House. Legislature. Sen. Sandra Pappas (DFL-St. raised, and recommendations are in from Paul) said she was not willing to throw out A House provision in the bill– those reports, Hasbargen said. However, prohibiting the commissioner of the Dept. the work that has been done because she she said, both the House and Senate have does not agree that the current system is of Children, Families and Learning (CFL) failed to move forward with the recom- from implementing the Profile of Learn- ruined. Pappas suggested that CFL be mendations from those reports. Hasbargen granted new rulemaking authority and ing–dominated the remainder of the said she believes the Dept. of Children, require that the new rules receive Legisla- panel’s discussion. Assistant Commissioner Families and Learning (CFL) has done its tive approval. Jessie Montano said CFL has two concerns work to begin changes to the Profile. She with repealing the Profile. Without the said that if Legislators are interested in Profile, she said, the state is without any starting over, then a replacement set of Final agreement reached standards or requirements for students, standards should be offered by lawmakers. Members of the conference committee which could leave the state and individual The bill, she said, contains only a repeal of on S.F. 3133, chaired by Sen. Dan Stevens districts open to legal action. Montano the Profile but nothing to fill the gap. This (R-Mora) and Rep. Marty Seifert (R- also said the state is at the risk of losing its is not the year to go home and justify Marshall), met Tues., May 14, to finalize
16 work on the bill, which requires Legisla- deposited into a gift fund. The state will be used on a human by overspray or target tive approval of rules implementing the issue $330 million in revenue bonds, the site spray except if the pesticide is in- Clean Indoor Air Act before the rules can proceeds of which will be used by the host tended for human use, for mosquito take effect. A version of the bill also city to construct a open-air, roof-ready control before June 30, 2003, for control repeals rules implementing the Profile of stadium. The gift fund balance will be of gypsy moths or forest tent caterpillars, or Learning. invested over 30 years to pay the $330 if the pesticide is required to address a Seifert reintroduced an offer he had million bond principal. public health risk. Murphy added that the made at the end of the last meeting, which The stadium’s host city is allowed to pesticide used to eradicate the gypsy moth included repealing the Profile and hold a referendum regarding a local food, is a naturally-occurring biological agent. granting the commissioner of the Dept. of hotel and liquor taxes increase of up to 5 When asked by Sen. Jane Ranum Children, Families and Learning (CFL) percent to cover the debt service on the (DFL-Mpls.) how the bill balances new rulemaking authority. Sen. Sandra state bonds. The plan includes a provision between the need to address the gypsy Pappas (DFL-St. Paul) said she appreciated that allows the host city to implement a moth problem and the safety of children the House efforts to reach a compromise. “I stadium ticket tax of up to 5 percent in and adults, Murphy said care has been think it is irresponsible, though, to give up case financing plan revenues fall short. taken to use only the least toxic chemicals on this without giving the department the The host city is also limited to spending no as required by the legislation. “We have power to fix the specific problems,” she more than $50 million on infrastructure to enough mechanisms in the bill to ensure limit excessive bidding proposals. said. Seifert said his proposal does not all steps have been taken to ensure safety.” prohibit school districts that like the In a heavily lobbied and debated Sen. Ellen Anderson (DFL-St. Paul) Profile from continuing to use it. Pappas issue, Hennepin County is excluded from said the real controversy has been with the suggested conferees consider granting the forming a partnership with Minneapolis to department new rulemaking authority, bid for a stadium because the bill defines mosquito control provisions because they subject to Legislative approval of the rules, the host municipality exclusively as a city require chemical agents. Anderson said the without repealing the Profile. She said she or an alliance of two cities. bill inadvertently exempts mosquito was worried about losing federal money Under the plan, the Twins are spraying efforts from the requirements that without a concrete set of rules in place. responsible for all upkeep of the stadium, the least toxic chemical be used and that Members did not adopt the Seifert offer. but receive all revenues from the stadium. no other practicable alternatives for Sen. Lawrence Pogemiller (DFL- The Twins are required to sign a 30-year control exist. Murphy offered an amend- Mpls.) offered an amendment granting the lease with no escape clauses, and the bill ment that removes the exemption that department new rulemaking authority. He requires Major League Baseball to guaran- concerned Anderson regarding mosquito said that without new authority, the Profile tee the Twins will remain in the stadium control operations. The amendment was is stuck in limbo. The solution is a win- for at least 30 years. adopted, and the bill was granted final win, he said, because if the educational Also included in the bill are provi- passage. situation gets worse, the House position to sions facilitating the first stage of a joint repeal the Profile is improved. On the Minnesota Vikings/University of Minne- Wednesday, May 8 other hand, Pogemiller said, if the educa- sota football stadium. The bill creates a football stadium account and funds the tional situation improves, then the Senate Quick session position to stay the course is strengthened. account with $500,000 from reserves at The amendment was not adopted. Mem- the Metropolitan Sports Facility Commis- Members convened for a very brief bers then adopted a conference committee sion. The bill also transfers any proceeds floor session Wed., May 8, in order to report including identical language from the sale of the Metrodome to the process work at the Senate Desk. In requiring Legislative approval of rules football stadium account. addition, members adopted the conference implementing the Clean Indoor Air Act committee report for S.F. 2707. Author and language permitting school districts to FLOOR UPDATE Sen. Steve Kelley (DFL-Hopkins) said the offer students of limited English profi- bill creates a task force that plans to ciency an additional testing opportunity develop an electronic real estate filing during their anticipated graduation year. system that will replace the current Monday, May 6 documents filed on paper. Kelley said the Stadium task force is funded by a small increase in Pesticide bill passed real estate filing fees. The only House Deal reached In a brief floor session Mon., May 6, addition, he said, is the creation of pilot After extensive negotiations behind members debated a bill that allows the use projects to test the electronic systems. The closed doors well into the evening of Fri., of pesticides in certain situations. S.F. conference committee report was adopted May 18, members of the Stadium Confer- 3463, carried by Sen. Steve Murphy (DFL- and repassed 55-0. ence Committee, chaired by Sen. Dean Red Wing), was granted final passage in a Johnson (DFL-Willmar) and Rep. Harry 60 to 0 vote. Thursday, May 9 Mares (R-White Bear Lake), reached an Murphy said the bill clarifies the use agreement on a stadium financing. of pesticides that had been prohibited by Several bills repassed The conference committee report for previous legislation. The bill creates Members of the Senate met Thurs., H.F. 2214 requires the Twins to pay $120 exemptions in four categories, he said. May 9, to discuss several conference million cash up front, which will be According to the bill, a pesticide cannot committee reports.
17 Floor update S.F. 2448, carried by Sen. Don Betzold (DFL-Fridley), requires personal informa- tion to be disclosed by the Department of Public Safety when the use of the informa- tion is related to the operation of a motor vehicle or to public safety. The bill specifies that information is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or property. The bill allows disclosure to be refused if it is concluded that the requester is likely to use the data for illegal, improper, or non-investigative purposes. The measure also changes current law to specify that disclosure does not include public dissemination. Sen. Warren Limmer (R-Maple Grove) said the bill is vague and goes too far. The bill, he said, allows the disclosure of personal information even if the information may be used for illegal purposes. Also, he said the word “im- proper” is not defined. “This bill is so broad you can drive a school bus through it,” he said. “I think we have to be more protective of individual rights.” Betzold said Limmer had some good points. But, he said, the federal law regarding personal information has changed, and the measure is an attempt to conform Minnesota law to a law that he said is not very well thought out. Sen. John Marty (DFL-Roseville) also said he was troubled by the language. He asked why the bill only allows disclosure to be rejected if the information might be used for illegal purposes and does not prohibit disclosure instead. Limmer agreed that a prohibition is needed. He also asked how it can be determined if information might be used wrongfully. He said there are people who will use personal informa- tion with malicious intent, such as to stalk someone. Current law, he said, is already good, and it protects people’s rights. Costumed Historical Society staff gathered on the front steps of the Capitol Mon., “I think we can write a better bill,” he May 13, as part of a rally to help kick off “Grand Excursion 2004", an upcoming said. commemorative event honoring the importance of the Mississippi River and it’s river Betzold said that two years ago the towns and recreating 19th century riverboat travel. Photo by Shelley Hawes information was public anyway. He also said the measure tries to balance the the “do not call” bill–prohibits Exempted from the prohibition are public’s right to know with the public’s telemarketers from calling people named businesses who have a prior or current right to privacy. The measure, he reiter- on a state administered list of people who relationship with the residential subscriber, ated, conforms Minnesota law to federal do not want to be called by telemarketers. nonprofit organizations and solicitors who law. The bill requires telemarketers to buy the complete the sales presentation at a later “This is a way we can make Minnesota list from the state for up to $500 and face-to-face meeting. Cohen said the bill law work,” he said. The bill was approved prohibits telemarketers from calling goes a long way toward doing what citizens and given re-passage by a vote of 35 to 21. anyone on the list starting Jan. 1, 2003. of the state want. Sen. Richard Cohen (DFL-St. Paul) The measure also imposes penalties for Marty moved to reject the recommen- presented S.F. 3246. The measure–called those who do call people on the list. dations of the conference committee and
18 send the bill back to the committee. The Kiscaden (R-Rochester), establishes guest H.F. 3127 was granted final passage, conference committee, he said, never met licenses for dentists and dental hygienists 59-0. publicly. He said all of the negotiations who are licensed or registered in a state After a recess, Sen. Steve Murphy were held in private and that there was no bordering Minnesota and who want to (DFL-Red Wing) carried the conference public testimony regarding the issue. Marty provide dental care at a public health committee report for H.F. 3203, the DPS also said the bill includes many exemp- setting in Minnesota to needy patients who housekeeping bill. Murphy said that the tions. As a result, he said that although the have difficulty accessing dental care. conference committee report is similar to bill is called the do not call bill, it should the bill that passed the Senate floor except be called the “go ahead and call anyway Monday, May 13 that a section related to fee structures was bill.” Specifically, Marty pointed to the deleted, and small changes were made to exemption for businesses that have a prior Pension bill approved the new “Proud To Be A Veteran” license or current relationship with a subscriber. The Mon., May 13, floor session was plate provision. Murphy also said the He asked who in the Twin Cities area dedicated to the passage of the omnibus conference committee adopted two didn’t have at least a prior business pensions bill and adoption and repassage additional House provisions. One allows relationship with Qwest. Marty also said of several conference committee reports, motorcycle drivers to proceed through an there was only one dissenting vote in the including the omnibus Department of intersection with a red light after a Senate and only 8 in the House for the Public Safety (DPS) policy bill. The complete stop if the traffic light appears to original bill. opening portion of the session was be malfunctioning or doesn’t detect the Cohen said the bill is not perfect. He dedicated to paperwork at the front desk. rider, he said. The other, said Murphy, said compromises were made in order to The omnibus pensions bill, H.F. 3127, allows the transfer of $400,000 in trunk ensure passage–especially, he said, passage was carried by Sen. Dean Johnson (DFL- highway funds to mitigate congestion at in the House. However, he said the bill is Willmar). Johnson said the bill primarily the Hwy. 61-Wacouta Bridge construction between 75 and 80 percent of being an consisted of cleanup language and briefly site by using buses to transport individuals ideal bill. In a legislative process, he said, described the various provisions found in around the construction. that is a victory. the bill. One significant deletion, Johnson Conference committee member Sen. Sen. Dave Kleis (R-St. Cloud) spoke noted, was the elimination of a study to Mark Ourada (R-Buffalo) said he didn’t in support of Marty’s motion. The measure, examine the creation of a statewide fund sign the conference committee report he said, is important legislation and he for volunteer firefighter relief associations. because he felt trunk highway funds were assumed there would be public testimony. Johnson also offered a technical amend- being misused. Using trunk highway ment and an amendment pertaining to He said the bill should be sent back to the money for buses around a construction site accelerated optional retirement annuities. conference committee to have public may be convenient, but it violates the Both were adopted. spirit of the constitution that states trunk testimony. Sen. Dave Knutson (R- An amendment, offered by Sen. Dick Burnsville) spoke against the motion. He highway bonds should be used solely to Day (R-Owatonna) was adopted that build roads, he said. said the bill has been dealt with for a long provides survivor benefits for the family of time and that interest groups with compet- The conference committee report for a former police chief in Hayfield who was H.F. 3203 was adopted and repassed with a ing interests were involved in the process. injured on the job and subsequently died vote of 47-6. He also said that if it is sent back there is as a result of his injuries, was adopted. Sen. no guarantee regarding what, if anything, Jane Krentz (DFL-May Township) offered Sen. James Metzen (DFL-South St. will come back to the Senate floor. an amendment that allows a particular Paul) carried the conference committee “If we’re going to get anything this constituent to buy back out-of-state report for S.F. 2392, the technical 911 year I think this is the language we’re going teaching time that will facilitate an early emergency system clean up bill. Metzen to get,” he said. Marty’s motion failed by a retirement under Public Employees said House members agreed to remove an vote of 22 to 36. The bill was granted re- Retirement Association (PERA) guide- amendment that called for a $35 million passage unanimously. lines. The amendment was also adopted. general fund appropriation. The report was Sen. Don Samuelson (DFL-Brainerd) Another amendment was brought adopted and repassed 56-0. carried S.F. 2727, the Department of forth by Sen. Anthony “Tony” Kinkel Murphy carried the conference Natural Resources lands bill. The bill (DFL-Park Rapids). The amendment committee report for H.F. 3183, the modifies land acquisition procedures and allows a former state legislator from agriculture policy bill. Murphy said the certain local planning regulations. The Hubbard County to receive service credits only change in the conference committee for work as a state employee that are not measure also adds to and deletes from state from the Senate bill is the elimination of a factored into her current PERA benefits. provision related to non-therapeutic anti- parks and state recreation areas, establishes Sen. Michelle Fischbach (R-Paynesville) the Cuyuna Lakes state trail, restricts microbial use. The conference committee offered an amendment that allows for prior report was adopted and repassed. taking fish on certain waters, authorizes service credit purchase refunds for certain public and private sales, conveyances, and purchases made before changes in the exchanges of certain state land and national tax law. Sen. Lawrence Tuesday, May 14 modifies provisions for selling tax- Pogemiller (DFL-Mpls.) brought forth an forfeited land. The bill was given re- amendment that allows board members of HMO provision debate passage. service cooperative units to delegate A particular provision found in the Members also granted re-passage to specific powers of the committee. All conference committee report of the H.F. 3200. The bill, carried by Sen. Sheila amendments were adopted. Department of Commerce housekeeping
19 Floor update bill sparked debate during the Tues., May Members also confirmed three $11.7 million to higher education, $7.6 14 floor session. appointments recommended by the million to the Department of Revenue for Author of S.F. 3024 Sen. Linda Committee on Jobs, Housing and Commu- compliance purposes and $400,000 to Scheid (DFL-Brooklyn Park) said that the nity Development. The appointments of keep the governor’s mansion open and for committee removed several provisions Peter Bernier and Michael Finch to the executive protection. Although the inserted in the House version of the bill, Minnesota Housing Finance Agency, and original House plan contained no new K- but adopted a House amendment that of Shirley Chase as the commissioner of 12 spending provisions, the measure does exempts Medicare from Multiple Em- the Department of Labor and Industry were contain Senate sponsored appropriations ployer Welfare Arrangement (MEWA) approved. totaling $1.5 million for K-12 education. stop-loss coverage. Scheid said the The new K-12 spending includes funding committee also adopted a provision that Wednesday, May 15 for the Perpich Center for Arts Education increases product flexibility for health and aid for the Duluth, Mesabi East and maintenance organizations (HMOs), Budget deal reached Albert Lea School Districts. The bill also which will allow the HMOs to raise the Ending “phase two” of the budget provides for multiple levies, including $30 ceiling on annual deductible and out-of- reconciliation process, members of the per pupil for a safe schools levy. pocket expenses. For small HMOs, Scheid Senate approved the budget reconciliation Johnson, co-chair of the budget said, deductible limits for individuals will bill during the floor session held Wed., reconciliation conference committee, said increase from $1,000 to $3,000, and up to May 15. H.F. 3270, carried by Sen. the bill is not perfect. Anyone, he said, can $6,000 for families. For large HMOs, the Douglas Johnson (DFL-Tower), is meant to find reasons to vote against it. Sen. Linda deductible cap will increase to $2,500 for deal with the $439 million shortfall in the Berglin (DFL-Mpls.), a member of the individuals, $4,500 for families, she said. state budget revealed by the February budget conference committee, said the For total annual out-of-pocket expenses forecast. Phase one of the reconciliation “vicious cuts the House proposed were for small HMOs, she said, the cap for process dealt with a nearly $2 billion eliminated in the final version of the bill.” individuals will increase from $1,000 to shortfall. She also said the bill has problems but $4,500, and to $7,500 for families. The The bill uses a number of accounting needs to be approved. “It’s a responsible limit on out-of-pocket expenses at large shifts and changes to make up the pro- thing to pass this bill, but it’s far from HMOs will increase to $3,000 for indi- jected shortfall and increase the budget being as responsible as it should be,” she said. viduals, $6,000 for families. reserve to $302 million. There are no tax Berglin lamented the exclusion of the Sen. Ellen Anderson (DFL-St. Paul) increases in the measure; specifically, the MFIP time limit moratorium in the final pointed out that if an individual’s only Senate plan to raise the tobacco tax was bill. The moratorium, she said, would have choice for health insurance is a small eliminated in the final version. Also, other affected only 1,250 families using MFIP HMO, then their costs will significantly items not included in the final bill are the and would only have been in place for one increase. Scheid said the purpose of the Senate Minnesota Family Investment Plan (MFIP) time limit moratorium, as well as year. Berglin said many people are bill is to attract more health insurance experiencing a reduction in employment companies into the state and allow plans the House supported abortion language and human services cuts. and in hours because of the current to be competitive in rural areas. The plan delays $437.5 million–17 recession. She said the failure to provide Sen. Linda Berglin (DFL-Mpls.) said percent–of payments to school districts, aid is harmful to families in the state. the out-of-pocket expenses described are transfers $155 million from the cash flow “We couldn’t see fit to give them that in addition to the premiums people have account to the general fund, refinances little bit of help they need to get through to pay. “If someone becomes ill, they will $75 million in building projects, shifts this recession,” she said. “It’s a shame we be forced to drop their insurance because $36.9 million in health and human weren’t able to do it.” they can’t afford the costs,” Berglin said. services funds, adjusts $26.5 million in Sen. Dick Day (R-Owatonna) said the “This bill may create more affordable special education excess cost payments to bill is a bipartisan solution to the budget health care for people who are healthy and schools and shifts $20 million in the problem. The bill, he said, doesn’t raise wealthy, but there’s nothing in the bill that worker’s compensation special fund. The taxes and makes use of the tobacco money. controls health care costs. It merely shifts measure transfers $14 million from the “I thought it was good work,” he said. the costs to those who are sick.” assigned risk plan, transfers $2 million Several Senators, however, spoke Sen. Edward Oliver (R-Deephaven) from the building code account and nets against the measure. Sen. Kenric Scheevel said that the provision is in the bill only to $25.5 million through an accelerated sales (R-Preston) said the Legislature didn’t provide HMOs the same flexibility as tax change. look to see if there are opportunities for other types of health insurers. The measure also includes additional the state to provide some services for less The conference committee report was appropriations–beyond current law–for money. He said the final budget plan is the adopted and repassed 46-16. various items. Included among the easy solution. The measure, he said, puts Berglin carried the conference appropriations are $17.5 million for off the difficult decisions for the next committee report for S.F. 3099, which schools with cash flow problems due to the legislative session. Sen. Becky Lourey contains various technical provisions delay in payments, $13 million for an anti- (DFL-Kerrick) said the bill borrows from related to the Departments of Health and terrorism measure being considered in the future and does not pay for today. Sen. Human Services. The report was adopted another conference committee, $10 Steve Murphy (DFL-Red Wing) said a and repassed. million for debt service for refinancing, lack of leadership and courage in the
20 House puts Legislators in a position to vote and authorizes raffles to support school bill, H.F. 2498, was carried by Sen. for a bill that does not take care of the district programs. The measure includes an Lawrence Pogemiller (DFL-Mpls.). It citizens of the state. He also said the appropriation of $670,000 for the pur- includes several provisions agreed upon as problem will be twice as bad next year. poses of the bill. The bill was given re- part of the omnibus budget reconciliation The difficult decisions, he said, should passage by a vote of 45 to 14. package. However, tax sections of the have been made this year. Murphy carried S.F. 3191, which budget agreement were separated and “This bill does nothing but make it repeals obsolete transportation related placed in a different bill. worse and harder to manage the books of provisions. The bill was passed on Special Describing the bill, Pogemiller said it the state of Minnesota,” he said. Orders by a unanimous vote. is minimalist in its changes to tax law. The Sen. Leo Foley (DFL-Anoka) said he bill resolves concerns about the so-called was disturbed about the thousands of More reports adopted “bread tax,” shifts the buyback of the June children impacted by their families In continuing activity at the Wed., accelerated sales tax payments and requires reaching the five-year time limit for MFIP May 15, floor session, members adopted Wisconsin to pay the interest it owes on a assistance. He said he had concerns and repassed the conference report for S.F. tax reciprocity agreement. “Wisconsin regarding cuts in state staff. Foley also said 3431, the economic development and appears to want to be accommodating with he was concerned with using the tobacco unemployment insurance benefits bill. regard to the interest payments,” money for the budget reserve. If it is used, Sponsor Sen. Ellen Anderson (DFL-St. Pogemiller said. The bill also includes a he said, it won’t get repaid. Berglin, Paul) said the two major provisions of the restoration of funds for the Department of however, said the tobacco money is not bill provide up to an extra 13 weeks of Revenue’s compliance efforts. Pogemiller part of the reserve, but is part of the cash unemployment benefits for workers who said the bill includes no general tax flow account. If the money is needed, she did not qualify for a federal extension, and increases. “I don’t think anybody voting said, it will be taken. She said that when extend an additional 13 weeks of benefits for this could be criticized for voting for a money comes into the state, the amount for those affected by layoffs from general tax increase by voting for this bill,” taken will be paid back with interest. The Fingerhut, Farmland Foods, and compa- he said. The conference committee report bill was re-passed by a vote of 51 to 14. nies related to the airline industry. The bill on the tax bill was adopted and the bill Members also granted re-passage to also raises the employer contribution to was granted repassage, 63-0. The bill was three conference committee reports. S.F. the unemployment insurance fund from the final piece of business in the night’s 2433, carried by Sen. Don Betzold (DFL- 0.1 to 0.38 percent of payroll, she said. activity and was passed with 30 minutes to Fridley), defines the crimes of sexual The conference committee failed to reach spare in the day. conduct in the third and fourth degrees to agreement on several unemployment Earlier in the session, the Senate also include persons who sexually penetrate insurance reforms, Anderson said. The adopted the conference committee report vulnerable adults and who are agents of report was adopted and repassed 48-14. on one bill and granted final passage to special transportation service providers. Sen. Linda Higgins (DFL-Mpls.) two other pieces of legislation. S.F. 3163, The bill also requires a mandatory brought forth the conference committee carried by Sen. Don Betzold (DFL-Fridley), sentence for violation of certain criminal report for S.F. 3134, a bill pertaining to is the revisor’s bill. It was granted sexual conduct in the second degree individual sewage treatment classification. repassage, 56-0. offenses and provides for payment of Higgins said the committee adopted a Senate Resolution 241, carried by criminal sexual conduct examinations. House provision that establishes controls Sen. Thomas Neuville (R-Northfield), The bill was granted re-passage by a vote in metal shredding procedures to prevent declares the week of May 12, 2002, Police of 54 to 4. S.F. 2732, carried by Sen. environmental damage. The report was Week. Neuville said the Minnesota Peace Leonard Price (DFL-Woodbury), is a Officers Memorial Day organization came adopted and repassed. Department of Natural Resources bill. The to him with the resolution. Earlier in the The conference report for a bill that measure provides for maintenance of evening, he said, peace officers and others requires legislative approval before certain leased property, modifies duties of the observed a vigil on the Capitol grounds as rules related to the Clean Indoor Air Act Forest Resources Council, permits aquatic part of the national Peace Officers are adopted and allows school districts to plant grants, makes certain state park Memorial Day. Every 49 hours, Neuville permit exemptions, provides for federal offer additional testing opportunities to said, a police officer is killed in the line of law compliance and provides financing for limited English proficient students was duty. The resolution was adopted on a management of chronic wasting disease. carried by Sen. Dan Stevens (R-Mora). voice vote. The bill also exempts certain appropria- Stevens said two House amendments that Sen. Jim Vickerman (DFL-Tracy) tions from moratoriums and hiring freeze, would have repealed the Profile in carried H.F. 3073. The bill, which makes requires a study and report, modifies the Learning statutes were rejected by the changes to legalized gambling laws, once issuance of fishing licenses and modifies committee. The report was adopted and included a provision regarding linked certain appropriations. The bill was repassed. bingo. Vickerman said that after much granted re-passage by a vote of 60 to 0. S.F. discussion of the issue, the most controver- 1755, presented by Sen. LeRoy Stumpf Late session yields tax bill sial section–providing for linked bingo– (DFL-Thief River Falls), establishes a Members met in a late session Wed., was removed. He said the bill is now committee to gather information and make May 15, to pass the omnibus tax bill with technical in nature, helping veterans recommendations for the design of a enough time left in the 82nd Legislative groups involved in legalized gambling to school employee health insurance plan Session to override a possible veto. The navigate the system better. The bill also
21 Floor update orders the Gambling Control Board to Sen. John Hottinger (DFL-Mankato) adopted by this body. I have voted for this draft model rules for linked bingo and brought forth the conference committee bill twice, the only thing I ask is to have a submit the model rules to the Legislature report for a bill that establishes a non- provision for adults who are leading the by Feb. 1, 2003, Vickerman said. Sen. John profit corporation in Development Region Pledge to have a teaching moment. Our Marty (DFL-Roseville) said it was unusual Nine to make use of federal grants related goal should be to teach our children to be to tell an agency to draft rules to allow to innovative health care services. critical thinkers and I am disappointed something that is not allowed and then the Hottinger said the S.F. 2572 was adopted that the language had to be stripped from Legislature will consider allowing the by the conference committee, and that the the bill.” behavior. H.F. 3073 was granted final bill containing the annual public finance The conference committee report was passage, 59-3. provisions was amended onto the original adopted and repassed on a vote of 46-10. bill. The conference committee report was Members granted final passage to a Thursday, May 16 adopted and repassed 58-0. bill, H.F. 2972, sponsored by Sen. James Metzen (DFL-South St. Paul), making Bills repassed Friday, May 17 corrections to last year’s omnibus energy In addition to adopting and repassing bill. A resolution, S.F. 3468, authored by several conference committee reports Pledge bill repassed Sen. Sandra Pappas (DFL-St. Paul), during the Thurs., May 16, floor session, Members adopted one conference memorializing the president, Congress and members also voted to override the committee report and granted final passage the governor to ensure that international governor’s veto of a proposed electronic to two measures on Special Orders at the trade agreements respect the traditional real estate filing system. Fri., May 17, floor session. authority of state and local governments to S.F. 2707 was carried by Sen. Steve H.F. 2598, authored by Sen. Mady protect the public interest, was also given Kelley (DFL-Hopkins), who said the bill Reiter (R-Shoreview), requires the final passage. addresses an omission related to the 50 recitation of the Pledge of Allegiance in cent fee imposed on the current real estate all public and charter schools at least once Saturday, May 18 filing systems that will be used to fund the a week. Reiter said the conference creation of the proposed electronic filing committee removed Senate language Action completed on major bills system. Members voted 59-0 to override requiring that at the beginning of the Senators acted on many of this year’s the veto. school year, the adult person in charge of major bills during a marathon floor session Sen. David Knutson (R-Burnsville) the class or school must discuss the history that lasted from 3 p.m. Sat., May 18, and carried the conference committee report and reason for reciting the Pledge and that wound up at about 6:15 a.m. Sun., May for S.F. 3172, a bill that requires a ten-year as part of the discussion the person in 19. Members adopted a conference conditional release for all sex-offenders. charge must inform students that anyone committee report providing for a new Knutson said the conference committee not wishing to participate in the recitation baseball stadium, a conference committee added several House provisions related to of the Pledge for any personal reason may report for capital investments totaling community notification, including items elect not to do so and is not to be consid- $979 million, and an anti-terrorism that restrict sex offender proximity and ered unpatriotic. In addition, Reiter said, package. In addition, members voted to concentration near schools, authorization conferees also removed language requiring override the governor’s vetoes of the for level-three sex offenders to be evicted schools to set aside time each week for omnibus budget reconciliation bill and of from housing to prevent sharing a resi- civics instruction about the Pledge, dence with victims of domestic abuse, and American patriotic songs, the U.S. the plan to establish a committee to study expanded notification of all adult Constitution, the Declaration of Indepen- the feasibility of a statewide insurance members of an offender’s immediate dence, the Bill of Rights and other plan for school employees. A variety of household. The bill also contains a activities relating to government. Instead, other measures and conference committee provision that makes an individual who the conferees adopted language requiring reports also gained final passage through- has failed to report any knowledge of the public and charter schools to set aside time out the extended session. physical or sexual abuse of two or more each year for civics education that The floor session began with Sen. children in the past ten years is guilty of a includes the history and reasons for Keith Langseth (DFL-Glyndon) providing gross misdemeanor. The conference reciting the Pledge and, if the school has a an overview of the compromise bonding committee report was adopted and student handbook or policy guide, to package. H.F. 3618 provides for appro- repassed 53-0. include a statement about student rights priations of $979 million, but that figure is The conference committee report for and responsibilities. reduced to $881 million through cancella- S.F. 2486 was carried by Sen. Don Sen. Mee Moua (DFL-St. Paul), one tions, user funded bonding and general Samuelson (DFL-Brainerd), who said the of the conferees and author of the amend- fund appropriations, Langseth said. only change from the bill that previously ment that had added the civics education “This was a very tough conference passed the Senate is the sunset date of Mar. language to the original Senate version, committee,” Langseth said, “There weren’t 1, 2003. The bill requires prospective said that she could not support the many real casualties, but some items did review and approval for any major conference committee report. “I am deeply get left out. It was not that they were not spending related to the construction of a disappointed that the only way the bill priorities on the part of the Senate, but new radiation therapy facility in the state. could come back is at the sacrifice of an that there was strong opposition from the The report was adopted and repassed 56-1. amendment that was overwhelmingly House.”
22 Langseth said that a major disappoint- get something with three different votes, bill.” Wiener also said it was disappointing ment was that funding for the proposed but weren’t successful. I think the day will that funds were not included for the Northstar Commuter Rail project was come for Northstar, but not this day,” he Northstar project. omitted from the final conference report. said. Sen. Dave Kleis (R-St. Cloud) also “The House missed a tremendous opportu- Sen. Deanna Wiener (DFL-Eagan) expressed disappointment at the lack of nity by not including Northstar because said, “On behalf of the higher education funding for the commuter rail project. now we lose federal funds. We struggled to community, we should be proud of this “There is no doubt the corridor will be built, but it will be at a much higher cost,” he said. Sen. Cal Larson (R-Fergus Falls), a member of the conference committee, said that the compromise package included a number of projects for the environment and natural resources. “I think this is a good bill. There is funding for flood hazard mitigation, wastewater infrastruc- ture facilities and Dept. of Natural Resources projects. By and large it is a well balanced bill. We hope the governor agrees and signs the bill,” he said. The measure was then laid on the table pending the arrival of the message that the other body had acted on the conference committee report. The message did not arrive until nearly 6 a.m. Sunday morning paving the way for one of the last formal actions of the Senate for the session. The bonding conference committee report was repassed on a 51-13 roll call vote. Senators turned their attention to bills on Special Orders and granted final passage to several measures.
Pensions bill okayed Members took up the omnibus pensions bill, H.F. 3127, carried by Sen. Dean Johnson (DFL-Willmar). He summa- rized the conference committee report on the bill, which makes various changes to rules governing a number of state pension plans. Johnson said one provision that was not in the final bill was an extension of the Rule of 90 in the Teachers Retirement Association and Duluth Teachers Retire- ment Fund Association to teachers hired after June 30, 1989. “We’ve tried and tried and tried on this one,” he said. He said Sen. Lawrence Pogemiller (DFL-Mpls.) has “put the issue on his front burner and we’ll try again later.” The conference committee report was adopted and the bill repassed, 61-4. Senators also granted final passage to four bills designated Special Orders. H.F. 2886, sponsored by Sen. Anthony “Tony” Kinkel (DFL-Park Rapids), permits tribal band members living on the Leech Lake Senators Edward Oliver (R-Deephaven), left, and Deanna Wiener (DFL-Eagan) Reservation to prove residence for confer on the Senate floor during one of the final floor sessions of 2002. election registration purposes by showing a Photo by David J. Oakes tribal government identification card. Sen.
23 Floor update LeRoy Stumpf (DFL-Thief River Falls) also received final passage. The measure, “If you look at the numbers, the numbers offered an amendment to the bill expand- H.F. 2902, was sponsored by Stumpf. work. There is a sizable commitment from ing the provision to cover all tribal the team, there is a commitment to the reservations in the state. Kinkel said he Stadium plan passed Gophers and to football. We think the bill had discussed the amendment with Stumpf Members returned from a recess to works, though we know it has challenges.” and others and said the amendment was begin consideration of the compromise Sen. John Marty (DFL-Roseville) acceptable. The amendment was adopted baseball stadium plan. Sen. Dean Johnson spoke in opposition to the plan. “I have and the bill granted final passage, 62-0. (DFL-Willmar), chief sponsor of H.F. concerns about this plan. I see charts saying Sen. Ellen Anderson (DFL-St. Paul) 2214, outlined the provisions of the that the Twins are paying 67 percent, but carried two resolutions, S.F. 3455 and S.F. conference committee report. “For the this bill really sticks it to the host city with 3469. S.F. 3455, she said, is specifically most part we have adopted the concept the a half a billion dollar subsidy on the part drafted to support a bill on which the U.S. House and governor proposed,” Johnson of a city. I think it is wrong. We can’t Congress is about to take action. The said. There are five major parts to the bill, afford education, health care, or roads, but resolution itemizes the concerns we’re Johnson said. The bill requires the current we can pay for a stadium.” facing in Minnesota regarding affordable owners must commit $120 million, Sen. Dick Day (R-Owatonna) housing, she said. Anderson said that specifies that the Twins sign a lease countered, “This bill gives the Minnesota because of the recent budget pressures, the agreement for 30 years and provides that Twins and the state a fighting chance. state was unable to invest in housing this the team must pay $10 million per year in Hopefully, the cities will come forward session. However, she said, the national rent. In addition, the city that hosts the and we will end up with a stadium.” bill will increase housing funding by ballpark must have a referendum by Sept. Several members also debated a almost 25 percent, almost all of it for 30 to collect a local option sales tax on provision removing Hennepin County housing creation. “It could make a huge food, beverage and lodging. The city may from the site process, and said the elimina- difference in Minnesota,” Anderson said. also impose, up to 5 percent, a sales tax on tion of Hennepin County removed the city S.F. 3455 was granted final passage, 47-14. admissions. Under the proposal, the of Minneapolis from contention. Johnson S.F. 3469 is a resolution urging the revenue from the local option tax and the said that the bill was site neutral and that governor to convey to Chinese govern- $120 million from the team is set aside to the citizens of Minneapolis could vote to ment leaders that the people of Minnesota earn interest for four years and will be used overturn the economic development cap are concerned about possible human rights for construction, Johnson said. He also said the city has in place, thus allowing the city abuses in China. Anderson said the the bill authorizes up to $330 million in to negotiate for a site. resolution is based on traditional Ameri- revenue bonds. In addition, the measure Members voted 48-18 to adopt the can values–freedom of speech, freedom of places a $50 million cap on infrastructure conference committee report and 49-18 to religion and freedom of political expres- improvements, he said. Finally, the repass the bill. compromise plan calls for the creation of a sion. She said the values are expressed in Members also voted to override the football stadium account with $500,000 both the U.S. Constitution and the governor’s veto of a bill establishing a to demonstrate to the National Football Universal Declaration of Human Rights. committee to study the feasibility of a League that sometime in the future, statewide insurance plan for school “We are not making foreign policy in Minnesota is interested in building a Minnesota,” Anderson said, but recogniz- employees. The veto of S.F. 1755, football stadium. authored by Sen. LeRoy Stumpf (DFL- ing that the governor is leading a major “Everyone is this body has been talked Thief River Falls), was overridden on a trade mission to China in June. She said to and cajoled about this bill. We are not vote of 48-17. the resolution is not an effort to preclude competing with basic services of the state One of the final bills to gain passage trade with China, but asking the governor with this plan, because the plan does not was S.F. 2891, the traditional end-of- to use his celebrity status to raise the issue involve general fund money,” Johnson of human rights. Sen. Michele Bachmann said, “The local option sales tax is the session revisor’s bill. The measure, carried (R-Stillwater) said she supported the money used to retire the bonds and a back- by Sen. Don Betzold (DFL-Fridley), resolution because the Chinese govern- up is a 5 percent admissions charge.” corrects miscellaneous oversights, inconsis- ment forces abortions on its citizens as part He added, “We have a share apprecia- tences, ambiguities, unintended results and of a one-child policy. S.F. 3469 was tion portion, too. If the Twins are sold and technical errors. A conference committee granted final passage, 61-0. there is appreciated value, then that value report on a bill that creates a curative act S.F. 3092, authored by Sen. John is returned to the state.” for conveyances by counties was also Hottinger (DFL-Mankato), was also “The conference committee felt adopted and repassed. H.F. 2780, carried granted final passage. The measure allows strongly that we should set forth the by Sen. Thomas Neuville (R-Northfield), the release of data on school employee criteria for site selection and then let the also regulates malpractice actions and violence or sexual contact toward a Twins work with the host city under modifies provisions relating to liens student, modifies provisions relating to conditions set in the bill. It should be a against real property. human services licensing sanctions and business deal between the host city and the provides employer immunity for reference Twins. If two or more municipalities want Internet privacy bill repassed checks for certain health care providers to enter into a joint powers agreement, we Sen. Steve Kelley (DFL-Hopkins) and facilities. set out the provisions to do so in the bill.” presented a conference committee report A bill making technical corrections Sen. Roy Terwilliger (R-Edina), a on Internet privacy legislation, S.F. 2908. and adjusting tax rates for education levies member of the conference committee, said, He said the national Internet service
24 provider (ISP) community decided the Emergency powers okayed accepted as an amendment on H.F. 2515. Legislature must be serious about making Sen. John Hottinger (DFL-Mankato) Sen. Edward Oliver (R-Deephaven) said reforms in the industry he said, because presented the conference committee report the underlying bill related to human though there had been minimal industry on the Emergency Health Powers Act, H.F. services while the amendment was public involvement in the original committee 3031. He said the bill represents an safety oriented. The amendment was ruled process, providers took notice of the improvement in the protection of civil not germane to the bill, but members conference committee. Kelley said the rights during a public health emergency accepted a motion from Sen. Dennis principle difference between the House and a clarification of the powers already Frederickson (R-New Ulm) to suspend the and Senate versions of the bill was whether available to state government. The bill Senate rule relating to germaneness. legislation should reflect an “opt-in” or narrows and defines the powers of the Ranum said the amendment provides for “opt-out” approach. The compromise, governor and the administration in the general obligation bonds to expand the Kelley said, was that the contract between case of serious public health threat, 800 MHz radio system from the Metro ISPs and customers must contain a clause Hottinger said. He said the bill is much Area to Rochester and St. Cloud. describing whether requests for authoriza- more confined in scope than the original She said the agreement does not tion to release personal information will legislation passed by the Senate, but that it include many provisions that the Senate be obtained as part of an opt-in or opt-out requires a report to the Legislature on had objected to, including color-coded process. “Some of the companies said that drivers’ licenses for immigrants and roving Minnesota will be one of the first states, if further steps to take in this area. The bill was repassed, 55-3. wiretap authority for law enforcement. not the first state, to protect customer Ranum said the bill strikes a delicate privacy. I guess they thought we’d view Senators then took up consideration balance between security and civil that as problematic,” he said, “but we took of H.F. 3643, carried by Sen. Steve liberties. The amendment was adopted and pride in that.” He said conferees also Murphy (DFL-Red Wing). Sen. Dean worked with the business community on Johnson (DFL-Willmar) offered an H.F. 2515 was granted final passage, 60-0. narrowing unsolicited e-mail, or “spam,” amendment to the bill, replacing the Sen. Bob Lessard (IND-Int’l. Falls) provisions in the bill. The conference original language with a transportation moved to suspend the rules and bring S.F. committee report was adopted and the bill funding package. Sen. Dave Kleis (R-St. 1589 up for immediate consideration. repassed, 62-0. Cloud) raised a point of order on the Majority Leader Roger Moe (DFL-Erskine) Members granted final passage to a amendment, and said it was not germane to said he was not unwilling to take action on bill on Special Orders, S.F. 3189, on a 63- the underlying bill, which dealt with the bill, but that his priority was to take 0 vote. Carried by Sen. Sandra Pappas claims against the state. Sen. Don action on the bonding bill. Sen. Linda (DFL-St. Paul), the legislation establishes a Samuelson (DFL-Brainerd), presiding, put Berglin (DFL-Mpls.) said suspending the retroactive effective date for the separa- the question of germaneness to the Senate, rules for consideration of S.F. 1589 was tion of the civil service functions of the which ruled the amendment was germane not a good idea. There are billions of city of St. Paul and the St. Paul School on a 34-23 divided vote. A motion to dollars that the state does not have to District. reconsider the vote on the ruling was spend in FY 04-05, she said, and the bill Sen. Dave Kleis (R-St. Cloud) moved defeated, 28-35. Sen. Mark Ourada (R- will create a ballot initiative to dedicate to take S.F. 3475 out of the Rules and Buffalo) spoke against the amendment. some of the money we don’t have. Administration Committee and bring it up “We all know nothing will happen with “If we want to dedicate to some for floor debate. He said the bill, which this,” he said. Ourada said the amendment money to this very worthwhile goal,” proposes a ballot question for a unicameral was not a good faith effort to pass a Berglin said, “we should increase the sales legislature, deserves consideration. “We transportation initiative this session, but tax and dedicate the new revenue.” The should have a vote on the Senate floor on was just political posturing. Johnson said motion, which required a two-thirds vote, this issue.” The motion was defeated on a the House has tried to negotiate with the did not prevail, 44-21. Lessard said failing roll call vote, 18-42. Senate on a transportation package, but to take action on the bill, which dedicates Also, members quickly overrode the has encountered numerous obstacles to 3/16 of one percent of sales tax revenues governor’s veto of the omnibus budget achieving a final compromise that will reconciliation bill, H.F. 3270. There was to natural resources, was a mistake. pass in the House. He said the amendment no debate before the 53-14 vote. He asked that the bill be returned to Senators also adopted two conference includes a 5 cent gas tax increase, the him, essentially removing it from any committee reports with little debate. H.F. issuance of $600 million in trunk highway possibility of further consideration. Sen. 2972, carried by Sen. James Metzen (DFL- bonds and a $50 million appropriation for Jane Krentz (DFL-May Township) urged South St. Paul), is the energy technical the development of the Northstar com- Lessard to be patient and wait for the bill. Metzen said the final bill contains all muter rail corridor. The amendment was bonding bill to come over from the other of the Senate provisions and five minor adopted, 34-1. H.F. 3643, as amended, was body. House amendments. The bill was repassed, granted final passage, 36-3. “Maybe the votes will change when 61-2. H.F. 3350, sponsored by Sen. Sheila that happens,” she said, and the bill will Kiscaden (R-Rochester), establishes a Anti-terrorism package passes have a better chance at consideration. mortuary science emeritus practitioner After a recess, Senators turned to Lessard said the Senate had a chance to do license, a donated dental services program consideration of an agreement on an something significant this session and he and a volunteer health care provider antiterrorism package. Carried by Sen. Jane was tempted to stick by his motion, but he program. The bill was repassed, 62-0. Ranum (DFL-Mpls.), the legislation was withdrew the motion.
25 Redistricting Plans
Maps of the redistricting plan advanced by the special redistricting panel appointed by Chief Justice Kathleen Blatz. Under federal law, states must enact new districts for state legislators and congressional representatives after every decennial census. Since the Legislature and governor did not act before Mar. 19, the panel released its plans.
Above, Metro Area Senate districts. Next page, a statewide map of the new Senate districts.
Following pages, statewide and Metro Area Congressional districts, as drawn by the special panel.
Maps courtesy LCC Geographic Information Systems
26 27 Redistricting Plans
28 The full text of the panel’s orders in the cases challenging the current district maps–as well as various maps and data reports–can be found online at http://www.courts.state.mn.us/cio/redistricting_panel.htm
Interactive maps and other information can be found on the Legislature’s Geographic Information Systems office web site at http://www.commissions.leg.state.mn.us/gis/html/plans2002.html
Legal discussions and explanations of redistricting, prepared by the Office of Senate Counsel and Research, can be found at http://www.senate.leg.state.mn.us/departments/scr/treatise/
29 Floor action Monday, May 6 Bills granted final passage on Special Orders S.F. 3191-Murphy: Deletes obsolete provisions related to MnDOT. 63-0 Bills granted final passage under suspension of rules S.F. 3463-Murphy: Authorizes pesticide applications for mosquito control Bills granted final passage under suspension of rules operations conducted before a certain date and the use of biological agents H.F. 3073-Vickerman: Makes technical, clarifying, and conforming changes for control of gypsy moths, forest tent caterpillars or other species. 60-0 to lawful gambling provisions. 59-3 Wednesday, May 8 Thursday, May 16 Conference committee reports adopted and repassed Conference committee reports adopted and repassed S.F. 2707-Kelley, S.P.: Fills in an inadvertent omission for a temporary S.F. 3172-Knutson: Sex offender conditional release extended. 53-0 increase in the surcharge for filing and recording certain documents. 55-0 S.F. 2486-Samuelson: New radiation therapy facility limitations. 56-1 S.F. 2572-Hottinger: Public finance provisions. 58-0 Thursday, May 9 Veto overridden, bill repassed Conference committee reports adopted and repassed S.F. 2707-Kelley: Modifies and clarifies real estate task force funding H.F. 3200-Kiscaden: Establishes guest licenses for dentists and dental provisions. 59-0 hygienists. 55-0 S.F. 2448-Betzold: Provides for disclosure by the Department of Public Friday, May 17 Safety of personal data related to operation of a motor vehicle. 35-21 S.F. 2727-Samuelson: Modifies land acquisition procedures, modifies and creates state trails and modifies certain local planning regulations. 58-0 Conference committee reports adopted and repassed S.F. 3246-Cohen: Limits unsolicited telephone calls to individuals. 58-0 H.F. 2598-Reiter: Requires the recitation of the Pledge of Allegiance in all public and charter schools. 46-10 Monday, May 13 Bills granted final passage on Special Orders S.F. 3468-Pappas: A resolution regarding international trade. 39-12 Conference committee reports adopted and repassed H.F. 2972-Metzen: Decreases regulatory requirements for small power H.F. 3203-Murphy: Dept. of Public Safety policy provisions. 47-6 lines. 46-2 S.F. 2392-Metzen: Modifies 911 telephone system provisions. 56-0 H.F. 3183-Murphy: Omnibus agriculture policy bill. 50-11 Saturday, May 18 Bills granted final passage on Special Orders H.F. 3127-Johnson, Dean: Omnibus pensions bill. 59-0 Conference committee reports adopted and repassed H.F. 3127-Johnson, Dean: Omnibus pension bill. 61-4 H.F. 2214-Johnson, Dean: Provides for financing of a major league baseball Tuesday, May 14 park. 49-18 S.F. 2908-Kelley: Regulates electronic mail solicitations, protects privacy Conference committee reports adopted and repassed of Internet consumers, and regulates use of data about Internet users. 61-2 S.F. 3024-Scheid: Dept. of Commerce housekeeping provisions and H.F. 3350-Kiscaden: Establishes a donated dental services program. 62-0 regulates insurance coverages and deductibles offered by HMOs. 46-16 H.F. 3031-Hottinger: Emergency Health Powers Act. 55-3 S.F. 3099-Berglin: Dept. of Human Services technical housekeeping H.F. 2780-Neuville: Regulates medical malpractice actions. 56-0 provisions. 57-4 H.F. 3618-Langseth: Omnibus bonding bill. 51-13 Confirmations Bills granted final passage on Special Orders Peter Bernier and Michael Finch to the Minnesota Housing Finance Agency H.F. 2886-Kinkel: Authorizes tribal members living on reservations to use Shirley Chase as commissioner Dept. of Labor and Industry identification cards as proof of residence for voter registration. 62-0 S.F. 3455-Anderson: Resolution supporting the creation of a national housing trust fund. 47-14 Wednesday, May 15 S.F. 3469-Anderson: Resolution regarding Chinese human rights. 61-0 H.F. 3092-Hottinger: Requires release of certain information and provides Conference committee reports adopted and repassed employer immunity for reference checks for certain health care providers and facilities. 58-2 S.F. 2433-Betzold: Defines sexual conduct in 3rd and 4th degrees to H.F. 2902-Stumpf: Makes technical corrections and adjusts tax rates for include transportation workers who abuse vulnerable adults. 54-4 education levies. 63-0 S.F. 2738-Price: Dept. of Natural Resources policy bill. 60-0 S.F. 3189-Pappas: Establishes a retroactive effective date for St. Paul civil S.F. 1755-Stumpf: Establishes a committee to gather information and service separation. 63-0 make recommendations for the design of a school employee health H.F. 3643-Murphy: Omnibus transportation bill. 36-3 insurance plan. 45-15 H.F. 2515-Ranum: Anti-terrorism bill. 60-0 H.F. 3270-Johnson, Douglas: Omnibus budget reconciliation. 51-14 S.F. 3431-Anderson: Omnibus jobs and economic development provisions. 48-14 Bills granted final passage under suspension of rules S.F. 3134-Higgins: Clarifies individual sewage treatment. 60-0 S.F. 2891-Betzold: Revisor’s bill. 56-0 S.F. 3133-Stevens: Requires legislative approval before certain new or amended rules under the Clean Indoor Air Act are adopted and authorizes school districts to offer additional testing opportunities to limited English Vetoes overridden, bills repassed proficient students. 59-5 S.F. 1755-Stumpf: Provides for a committee to study the feasibility of a H.F. 3163-Betzold: Corrects erroneous, ambiguous, and omitted text and statewide insurance plan for school employees. 48-17 obsolete references. 57-0 H.F. 3270-Johnson, Douglas: Omnibus budget reconciliation bill. 53-14 H.F. 2498-Pogemiller: Omnibus tax provisions. 63-0
30 Readership Survey The Senate Publications Office is committed to providing complete, accurate and objective coverage of the activities of the Minnesota Senate. In an effort to provide readers with a useful and informative publication, the staff of the Publications Office would appreciate it a great deal if you would take a few moments to answer the following questions. Thank you for your assistance. What is your primary source of information about the Legisla- Do you use the Legislature’s web site? ture? Yes Senate and House publications No Newspaper Television news Do you access Senate Briefly on-line? Legislative television coverage Internet Yes Radio No Other Which web pages do you use most often on the Legislative What portions of Senate Briefly do you find most useful? web site?
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32 Senate Briefly
The Senate Chamber saw renewed activity after a quiet interim when members returned for a one-day special session, Thurs., Sept. 19. Photo by David J. Oakes
Special Session Special Issue — September 20, 2002
1 Senate Highlights Special Session provides relief aftermath of the 1997 Red River Valley percent of the taxpayer’s federal adjusted package flooding,” Stumpf said. He added, “There gross income. are three primary areas of spending: to Sen. Edward Oliver (R-Deephaven) Senators gathered for a Special cover the local match for federal dollars said he commends the governor and Session Thurs., Sept. 19, to take action on for public infrastructure repair; funding for legislative leadership for setting a goal of three pieces of legislation. Members housing and businesses; and an appropria- keeping H.F. 2 revenue neutral. However, approved bills to provide a flood relief tion for the losses that farmers experi- he said, an amendment he offered was not funding package for 19 counties declared enced.” In addition, he said, the bill revenue neutral but had much to com- federal disaster areas, to make changes in contains funding for both local road and mend it. The amendment creates confor- the charitable contribution deduction bridge repair and state road and bridge mity between the federal and state AMT under the alternative minimum tax and to repair. The measure also contains tax laws. Such a system, Oliver said, will make correct a provision relating to the sales tax provisions that set forth tools for economic it more understandable and easier for on aggregate material. recovery, he said. taxpayers to implement. However, he H.F. 1, the first measure to gain final Several Senators spoke in support of withdrew his amendment. H.F. 2 was passage, is the relief package earmarked for the bill. Sen. Dick Day (R-Owatonna) granted final passage, 63-0. flood ravaged counties. Sen. LeRoy said, “I’m proud to be a co-author on this A bill offered by Sen. Ann Rest (DFL- Stumpf (DFL-Thief River Falls), chief bill. Northern Minnesota needs help and New Hope), H.F. 3, was also granted final author of the bill, said the relief package no region in the state should ever have to passage, 63-0. The bill clarifies legislative amounts to about $31 million and go it alone. Sen. Dan Stevens (R-Mora) intent regarding sales tax liability on the contains appropriations for a variety of also spoke in support, but said that delivery of gravel and aggregate materials. programs. “This has been a long, difficult members need to explore options of flood During a brief recess, Majority Leader summer for a lot of counties and communi- retention and mitigation to prevent future Roger D. Moe (DFL-Erskine) also recog- ties that have been affected by the disasters. nized the legislative service of Sen. Martha flooding this summer,” Stumpf said. He Stumpf agreed that a long range plan Robertson. Robertson, who was first said that Northwestern Minnesota has been is important and said that all through the elected as a Republican to represent particularly hard hit and that the citizens summer concerned parties have been District 45 in the western Metro Area in of the area are grateful for the Special meeting to develop a whole host of 1992, decided this summer to pursue the Session. mitigation efforts. office of lieutenant governor as a candi- “The Legislation is patterned after the The bill was granted final passage on a date of the Independence Party. legislation enacted to deal with the 63-0 roll call vote. The Senate also gave final passage to COMMITTEE ACTION Senate Briefly is a publication of the two bills revising state tax law. The issues Minnesota Senate Publications Office. arose after the regular session adjourned Taxes During the 2002 Legislative Session, and were agreed upon by legislative each issue reports daily Senate activi- leaders and the governor as legislation Panel hears urgent issues ties between Thursdays of each week, suitable for the Special Session. lists upcoming committee meeting Members of the Tax Committee met H.F. 2, sponsored by Sen. Don Betzold Thurs., Sept. 19, to consider the three schedules and provides other informa- (DFL-Fridley), responds to a decision of tion. The publication is a service of the pieces of legislation included in the the Minnesota Supreme Court ruling parts Minnesota Senate. No fee. It can be agreement reached between legislative made available in alternative formats. of Minnesota’s Alternate Minimum Tax leadership and the governor before the (AMT) law unconstitutional. Betzold said 2002 Special Session was convened. The the AMT was originally intended for To subscribe, contact: panel, chaired by Sen. Lawrence higher-income filers. The provision struck Pogemiller (DFL-Mpls.), heard from Senate Publications Office down by the court allowed deductions for G-22 Capitol representatives of counties needing disaster contributions made to charitable organiza- relief aid, nonprofit groups and sellers and 75 Constitution Ave. tions located or active in Minnesota. By purchasers of gravel. St. Paul, MN 55155-1606 ruling the differentiation between in-state Sen. LeRoy Stumpf (DFL-Thief River (651) 296-0504 and out-of-state charities unconstitutional, Falls) presented the proposal for disaster 1-888-234-1112 Betzold said, the court effectively wiped aid for 19 counties declared as presidential (TTY) 1-888-234-1216 out the charitable contribution deduction. disaster areas. “This summer has been, He said that could mean a revenue gain of weather-wise, a tough one for parts of the Editor: $20 million per year for the state. How- state,” said Stumpf, who represents Karen L. Clark ever, Betzold said, the more important Northwestern Minnesota. He said some issue was the effect the ruling will have on areas received 12 to 18 inches of rain over Assistant Editor: charities. “Understandably, many organiza- about 2 days. Joshua A. Dorothy tions are worried that contributors will be Tax provisions in the proposal discouraged,” he said. include an exclusion from taxable value Photography: The bill allows a deduction for all for improvements of up to $50,000 to charitable contributions, made to in-state David J. Oakes small business properties damaged during or out-of-state organizations, above 1.3 the floods and payment of flood loss
2 replacement aid to cities that lost 5 Reacting to a decision of the Minne- deduction percentage of 80 percent. Thus, percent or more of their total tax capacity. sota Supreme Court declaring unconstitu- he said, 80 percent of all contributions The legislation also includes early tional a provision of Minnesota tax law would be deductible. Taxpayers will distribution of local government aid differentiating between contributions to understand the system more easily, he said, (LGA) and homestead and agricultural in-state and out-of-state charities, Sen. Don and the deduction will be easy to adminis- credit aid (HACA) to local governments Betzold (DFL-Fridley) outlined legislation ter. that have suffered hardship because of the reinstating a deduction for charitable Representatives of several non-profit disaster. Also in the package is a provision contributions made by alternative mini- charitable organizations spoke in favor of reimbursing counties providing abate- mum tax (AMT) filers. He said the AMT the proposal. Byron Laher, United Way, ments on properties that lost more than 50 was originally meant for high-income said the real beneficiaries are the thou- percent of estimated market value due to earners and had included a deduction for sands of Minnesotans who receive the the flood and a provision allowing charitable contributions to organizations services of charitable organizations. Bill property owners to pay the second half of active in Minnesota. However, the court King, Minnesota Council on Foundations, their property taxes late. ruling effectively eliminated the deduc- said that foundation assets are dropping Stumpf, joined by Roseau Mayor Jeff tion. because of market pressures and charitable Pelowski and former U.S. Secretary of Betzold said the legislation is revenue organizations should not be exposed to a Agriculture Bob Bergland, also presented a neutral. The provision establishes a decline in their assets and a possible video of the devastation wrought by the threshold of 1.3 percent of federal adjusted decline in contributions because of tax June flooding. gross income (AGI). After a taxpayer has law. The decision was made early on, donated an amount equal to 1.3 percent of Sen. Ann Rest (DFL-New Hope) Stumpf said, to protect the school, the AGI, all contributions are fully deduct- discussed the final piece of legislation to hospital and the Polaris plant in Roseau. ible. He said the system created in the The school, which was fairly new, he said, proposal creates an incentive to give more. be considered by the Senate during the was saved from flooding. The hospital and Pogemiller said the Legislature had three Special Session. The proposal adds to the the plant escaped damage as well, he said, basic options: slightly raising the tax rates definition of “sale and purchase” of allowing the community to continue to under the AMT rules and allowing delivery of aggregate materials and have access to much-needed medical deductions regardless of location, setting a concrete block. The legislation clarifies services and jobs. Saving the jobs at deduction rate equivalent to a percentage that delivery charges by a third party are Polaris, Stumpf said, prevented a large of total contributions and the proposal only subject to sales tax when the delivery migration of people out of the area. Even outlined by Betzold. Sen. William charges would be taxable if provided by so, he said, most of the homes in the Belanger (R-Bloomington) said he the seller of the product. Also included is a Roseau area were flooded. supported the second option, and setting a provision clarifying that delivery charges are not subject to the sales tax indepen- dent of the material being delivered. Flood Relief Appropriations Capital Investment and Federal emergency funds match $8.3 million Transportation and Public Property tax relief: abatement aid $1 million Safety Budget Division Agriculture $3 million Flood relief discussed Business $3 million Members of the Capital Investment Housing $4 million Committee and the Transportation and Public infrastructure $2 million Public Safety Budget Division met the morning of Thurs., Sept. 19, to review Fuel-contaminated property $1 million provisions in the flood relief package that Local roads and bridges $1 million would be acted upon in the Special Roseau School District flood enrollment impact $100,000 Session. The joint panel, chaired by Sen. Keith Bond sale expenses $30,000 Langseth (DFL-Glyndon) and Sen. Dean State roads and bridges $2 million Johnson (DFL-Willmar), discussed the Net new appropriations $29.43 million funding provisions of the relief bill. The measure, sponsored by Sen. LeRoy Stumpf Property tax relief: flood replacement aid $350,000 (DFL-Thief River Falls), provides $31.78 Flood prevention and control $2 million million for a variety of purposes to 19 Reallocated current funds $2.35 million Minnesota counties that have been declared disaster areas by the federal government. GRAND TOTAL $31.78 million Much of the funding relief is ear- marked for flood ravaged counties,
3 Senate Highlights particularly Roseau County, in Northwest- funds, $1 million for property tax relief Bergland, who is chairing a Roseau ern Minnesota. abatement aid, $3 million for agriculture County commission on flood mitigation City of Roseau Mayor Jeff Pelowski relief, $3 million for business assistance, $4 and represented Northwestern Minnesota and former U.S. Secretary of Agriculture million for housing assistance, $2 million in Congress from 1971 to 1977, said that Bob Bergland spoke on behalf of the flood for public infrastructure assistance, $1 efforts are underway to plan and imple- relief package. million for fuel contaminated property ment projects to avoid further flooding in Stumpf said that about a third of the assistance, $5 million for local roads and the area. package is from the general fund, more bridge assistance, $100,000 for the Roseau Pelowski said that of the 1,100 homes than half is from the sale of state bonds and School District and $2 million for state in the city of Roseau, 875 were flooded the balance is from the trunk highway fund and petroleum tank release cleanup fund. roads and bridges. and about 200 of those sustained damage According to Stumpf, the general fund Stumpf emphasized the immediacy of above the first floor level. appropriations come from the cancellation the need for flood relief. He said that Both Bergland and Pelowski also of an appropriation for highway projects funding is vital for communities to take spoke about the tremendous volunteer which will be made up for by the sale of the necessary actions before winter sets in. efforts that have taken place since the trunk highway bonds. In particular, Stumpf said, there is an summer flooding and the gratitude felt on Under the measure, $8.3 million is to urgent need to repair dikes and storm the part of the community to the volun- be used for matching federal emergency sewers before cold weather. teers.
Majority Leader Roger D. Moe presented retiring Sen. Martha Robertson with a plaque recognizing her 10 years of service to the Senate and the people of her district in the Western Metro Area. Moe and Robertson are both leaving the Senate to pursue higher office. Photo by David J. Oakes
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