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T H E M I N N E S O T a S E N a T E W E E K I N R E V I E W January 10

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T H E M I N N E S O T a S E N a T E W E E K I N R E V I E W January 10 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 Briefly T h e M i n n e s o t a S e n a t e W e e k i n R e v i e w January 10, 1997 Bring on the session Moe then moved to adopt several sector to provide Minnesotans with With a rap of the gavel at 12:00 p.m. procedural resolutions. Among the alternative dispute resolution options. sharp, Lt. Gov. Joanne Benson com- adopted resolutions: Moe was named as Committee Chair Jane Ranum (DFL- menced the 1997 Senate, Tues., Jan. 7, Majority Leader and President Pro Tem; Mpls.), a former county prosecutor, signaling the start of the 80th Legislature. Dean Johnson was named as Minority alluded to her past experience with court Serving as Clerk Pro Tem, Sen. Dean Leader; parking space was reserved for backlogs and emphasized the need for E. Johnson (R-Willmar) called roll as his Senate members and their staff; the list of alternatives to costly trials and lawsuits. fellow Senators presented their certificates committees and their members was The committee heard from Office of of election to Chief Justice A.M. Keith of officially approved; the meeting schedules, Dispute Resolution Director Roger the Minnesota Supreme Court. The rooms, phone numbers, and contact Williams, who traced the history of entering Senate membership includes names for the various committees were Minnesota ADR, beginning with the 1939 nine freshmen Senators, comprised of one approved; a committee was assembled to establishment of the state’s Bureau of Republican and eight DFL Senators. notify the governor that the 80th Legisla- Mediation Services in response to clashes After a quorum was declared present, ture is organized; and the Secretary was between employers and organized labor. Chief Justice Keith administered the oath instructed to notify the House that the In 1984, Minnesota’s Community Dispute of office to the assembled body. Senate is organized. A final resolution Resolution Program became the fourth Citing Sen. Allan Spear’s (DFL-Mpls.) authorizing a weekly stipend of $50 per project of its kind in the country, provid- long record of service, experience, and week for Senate interns, including $300 ing seed money for five metro and two integrity, Sen. Sam Solon (DFL-Duluth) per week for student interns from outside greater Minnesota community-based nominated Spear to resume his post as the Metro Area, was approved. mediation centers offering ADR for all President of the Senate. Likewise, Sen. Moe welcomed everyone and coun- manner of disagreements except divorce Pat Pariseau (R-Farmington) nominated seled the new Senate, “We all agree that mediation. Williams detailed a rise in Sen. William Belanger (R-Bloomington) for the 80th Session, we have a very long ADR awareness surrounding 1986’s for the position. A majority elected list of complicated, complex, controver- Farmer-Lender Mediation Act and 1992’s Spear, and Chief Justice Keith adminis- sial issues. We will need the attention, Minnesota Special Education Mediation tered the oath of office. Lt. Gov. Benson commitment, and energy from all mem- Service. In the wake of these changes, he welcomed Spear as he assumed his bers.” He called on Senators to work in a said, his office has become an intensive position as President. bi-partisan manner because, “I think training ground for many new mediators Spear thanked the Senate and that’s what the public wants us to do.” with backgrounds “as varied as those in promised to govern the proceedings of the Moe continued, “The political debate has the legislature.” Williams closed by Senate equitably. He then proceeded been rather shrill during the past few describing more recent developments, with the election of officers for the years. I would hope each of us would including 1994’s sweeping Rule 114, Senate. He recognized Sen. Roger Moe commit to bring more civility to the which requires civil courts to offer an (DFL-Erskine) who nominated Patrick process. We are one State, one family, ADR option to disputing parties, and a Flahaven for Secretary of the Senate. and we have to remember that in order to fresh 1997 requirement that health care Flahaven was unanimously elected. The have Minnesota remain a leader.” He companies offer such options to unsatis- remaining officers were elected in one concluded by reminding the Senate that, fied enrollees. motion. Patrice Dworak, First Assistant “We have been sworn in as State Sena- Representatives from the state Secretary; Colleen Pacheco, Second tors, and we need to keep in mind that we Department of Human Rights presented Assistant Secretary; Catherine Morrison, answer to all Minnesotans.” the committee with results of their nine- Engrossing Secretary; Sven Lindquist, Dean Johnson also pledged “a spirit of month workflow redesign, aimed at Sergeant at Arms; Ralph Graham, cooperation” for the coming session. He eliminating case backlog by incorporating Assistant Sergeant at Arms; and Thomas went on to say that there will be times of ADR into the processing of claims. Stillday, Jr., Senate Chaplain, were all disagreement, “We may even disagree 100 According to Acting Commissioner approved by the assembled body. percent, but what is important is to Dolores Fridge and Acting Deputy Before Chief Justice Keith took leave maintain respect for fellow legislators.” Commissioner Ken Nickolai, their office of the Senate, he congratulated the newly The Senate also held a brief floor discovered that ADR was not the best sworn in body. He recalled, “I’ll never session Thurs., Jan. 9, in order to intro- option for all claimants. However, since forget the day that I was elected to this duce bills. instituting a preliminary screening body,” and continued, “I’ve seen some of procedure to determine claimant suitabil- the greatest names in the history of the The case for ADR ity for ADR, results have been more than State debate in this chamber.” Keith On Weds., Jan. 8, the Judiciary encouraging. Fridge and Nickolai indi- stressed that while the upcoming session Committee addressed the problems of an cated that though transition costs have will be enormously complex, “the State over-litigious culture, hearing testimony made it difficult to claim definite savings, needs your wisdom.” on efforts by the state and the private their ongoing investigative caseload has 1 Committee update decreased from 1,695 to 990 with the returns, rapid 1995 stock-price increases Members also raised rural transporta- availability of ADR. and increased capital gains tax revenues. tion issues. Infrastructure, the condition By the time Nancy Welsh from In addition, the 1996 federal Agricultural of the state’s highways, speed limits, and Hennepin County Bar Association’s Improvement and Reform Act increased rural transit issues were mentioned as spinoff Mediation Center testified, the expected gross farm income. items for future consideration. Sen. Dick committee had warmed up and questions Simoneau said that he wished to see Day (R-Owatonna) reiterated the need for from Senators Linda Berglin (DFL-Mpls.) $266 million of the surplus deposited in a strong Highway Patrol. The funding of and Ranum focused on what kind of the budget reserve, currently well below the patrol was mentioned as a concern by access the poor will have to ADR services the 5 percent reserve target established a number of legislators. Sen. Kevin when Rule 114 expands this year to following the state’s 1980 financial Langseth (DFL-Glyndon) pointed out include the previously off-limits family problems. Simoneau also advised fiscal that another method of funding the law area. Welsh acknowledged that at restraint, observing that, while a recession Highway Patrol would be required should rates ranging from $100 - $300 per hour, is not expected, the Minnesota economy the Transfer Fund be discontinued. mediation does threaten to become a is nearly as good as it will get. Other financial considerations, such as luxury item, especially if its emphasis is Implementation of a property tax potential increases in the gas tax, the allowed to shift from actual resolution to a reform package is one possibility for the state’s dedicated funding mechanism as it “hoop-jumping” exercise preceding an remaining $266 million surplus. Another relates to transportation, the use of toll inevitable courtroom clash. At present, is to return the surplus to the taxpayers. roads and the implementation of conges- Welsh was quick to emphasize, the timbre Johnson urged a nonpartisan property tion pricing surfaced as future items for of the ADR process still seems to be one tax reform solution using the available the committee’s deliberations. “Since of genuine good faith efforts to expedite surplus. Johnson said that without a license revenues are good, we have more workable agreements and avoid trial. As surplus appropriation the possibility of money than we thought,” said Langseth, far as cost savings for those with financial property tax reform would die. He noted ”but not enough for the year 2000.” means is concerned, Welsh cited a survey that property tax reform would not This theme was taken up by Commis- of Fortune 1000 companies attesting that necessarily mean a reduction in property sioner in his overview. “While the state is consistent use of ADR has saved 11-50 taxes as many people are inclined to not facing an immediate funding crisis, percent of the cost of litigation. Before believe, but that the surplus might be there are transportation needs in Minne- the committee adjourned, Welsh was used to fix the system--without hurting sota that cannot be met with existing asked, by Senator David Knutson (R- some people while offering others relief.
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