SESSION WEEKLY A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 26, NUMBER 20 • MAY 29, 2009

2009 Se ss i o n Wr a p -u p

HF2389 - HF2407 SESSION WEEKLY

Session Weekly is a nonpartisan publication of Minnesota House of Representatives Public Information Services. During the 2009-2010 Legislative Session, each issue reports House action between Thursdays of each week, lists bill introductions and provides other information. No fee. To subscribe, contact: Minnesota House of Representatives c o n t e n t s Public Information Services 175 State Office Building New Laws 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155-1298 Agriculture • 6 Family • 12 Insurance • 20 651-296-2146 or 800-657-3550 or the Bonding • 6 Gambling • 13 Law • 21 Minnesota Relay service at 711 or Budget • 7 Game & Fish • 14 Local Government • 21 800-627-3529 (TTY) Business • 8 Government • 14 Military • 23 www.house.mn/hinfo/subscribesw.asp Consumers • 8 Health • 15 Retirement • 23 Crime • 9 Housing • 17 Safety • 23 Director Education • 10 Humanities • 18 Technology • 26 Barry LaGrave Employment • 10 Human Services • 18 Transportation • 27 Energy • 11 Industry • 20 Editor/Assistant Director Environment • 11 Lee Ann Schutz Assistant Editor Vetoes Mike Cook Budget • 31 Employment • 32 Housing • 33 Art & Production Coordinator Education • 31 Environment • 33 Transportation • 35 Paul Battaglia Elections • 31 Health • 33 Writers Kris Berggren, Nick Busse, Susan Hegarty, Sonja Hegman, Patty Ostberg BILL INTRODUCTIONS (HF2389-HF2407) • 53 Chief Photographer Tom Olmscheid FEATURES Photographers Nicki Gordon, Andrew VonBank Fi r s t Re a d i n g : 2009 session ends with many questions left unanswered • 3-5 Staff Assistants Fe a t u r e : Override: the Legislature’s chance to make law • 28-29 Christy Novak, Joan Bosard At Is s u e : Energy upgrades planned with federal stimulus funds • 37

At Is s u e : Holding firm on funding positions • 38 Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by At Is s u e : New law strengthens stimulus fund accountability • 39 Minnesota House of Representatives Public At Is s u e : Jobs bill also makes ice hockey the state sport • 40 Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., At Is s u e : Tuition caps and increased student aid highlight higher ed. law • 41 St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. At Is s u e : Outdoors and arts funding gets green light • 42 POSTMASTER: Send address changes to At Is s u e : Health care line-item veto cause for override attempt • 43 Session Weekly, House Public Information Services, 175 State Office Building, At Is s u e : Education funding is in a holding pattern • 44 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. Re s o u r c e s : Roster of federal representatives • 45 Re s o u r c e s : New laws and vetoes • 46-52

Printed on recycled paper which is 50% recycled, Re s o u r c e s : Roster of House and Senate members • 54-55 30% post-consumer content. Mi n n e s o t a In d e x : 2009 session • 56

On the cover: Like the water glass on House Speaker Margaret Anderson Kelliher’s chamber desk May 18, some members may have seen the glass half full and others half empty as session ended.

­— Photo by: Tom Olmscheid No easy fixes The 2009 session ends with many questions left unanswered

By Ni c k Bu s s e he 2009 legislative session began and ended in uncharted territory. T When the 86th Minnesota Legislature convened Jan. 6, lawmakers faced the unenviable task of solving the biggest budget deficit in state history. Tax receipts were tanking, unemployment was nearing record levels, and State Economist Tom Stinson was predicting the worst economic recession since World War II. Despite all this, legislative leaders promised to balance the budget on time and bring the session to a successful close.

First Reading continued on page 4

May 29, 2009 Session Weekly 3 First Reading continued from page 3

Whether they accomplished this depends on whom you ask. Here are the facts: by the final week of session, lawmakers had passed, and Gov. Tim Pawlenty had signed, all the necessary legislation to fund state government for the next two years. Lawmakers had also passed tax increases and K-12 payment shifts needed to pay for the budget bills they sent. So far, so good. But legislative leaders and the governor couldn’t reach an agreement on how to pay for the appropriations. Arguing that increasing taxes during a recession would harm the state’s economy, Pawlenty vetoed the Legislature’s tax proposals, leaving an approximately $3 billion gap between state spending and revenues. Some saw the state careening toward a special session. p h o t o b y t o m o l m s c h e i d Things change quickly at the Capitol, Finance Commissioner Tom Hanson discusses the February budget forecast at a March 3 press conference however. In an unprecedented move that along with State Budget Director James Schowalter, left, and State Economist Tom Stinson. stunned legislative leaders, the governor announced on May 14 — four days before Paul Kohls (R-Victoria) saw it as a “backstop” In the coming weeks, Pawlenty will the end of session — that he planned to take to prevent the need for a special session; House announce his plans to close the remaining “executive action” to balance the budget Speaker Margaret Anderson Kelliher (DFL- budget gap. He is expected to delay payments himself. Having all the necessary budget bills Mpls) saw it as “bullying” and took it as a to K-12 schools and to cut roughly $1 billion in his possession, the governor said he would sign the governor wasn’t willing to negotiate from various state programs. He has yet to simply sign them and then use his authority to in good faith. announce what will be cut. unallot state spending to close the remaining On May 18 at midnight, lawmakers Whatever happens, Pawlenty has made one budget gap. adjourned the 2009 session without an thing clear: there will be no special session. Budget talks continued following the agreement. “The legislators are gone, and they’re not announcement, but quickly lost momentum, “We did continue to try to negotiate with coming back,” he said. with each side accusing the other of having the governor right up until the end. … But in thrown in the towel on negotiations. DFLers the end, I think the chasm was just a little too A session of firsts and Republicans seemed to interpret Pawlenty’s wide to actually just scale easily,” Kelliher told Before the session began, many had announcement differently. Members like Rep. reporters shortly after the House adjourned. predicted a virtual repeat of the 1981-82 biennium. Then, as now, Minnesota had a DFL-controlled Legislature, a Republican governor, a battered economy and a record budget deficit. That situation resulted in six special sessions, and was ultimately resolved with budget cuts and — despite the reluctance of Gov. Al Quie — tax increases. Despite the outward similarities, the 2009 session proved to be a radically different scenario. It wasn’t just that the deficit was bigger — though it was, a lot bigger. In December, Finance Commissioner Tom Hanson announced the state was facing a projected $4.8 billion budget shortfall. By the time the February Forecast was released, that number had been revised upward to $6.4 billion; however, it was announced that $1.8 billion in fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009 could be used to whittle the deficit back down to $4.6 billion. Lawmakers and the governor came up p h o t o b y t o m o l m s c h e i d with very different proposals to close the Gov. Tim Pawlenty delivers his State of the State address to the Legislature Jan. 15. remaining gap. Pawlenty, who saw the deficit

4 Session Weekly May 29, 2009 p h o t o b y t o m o l m s c h e i d With Gov. Tim Pawlenty’s seat empty, the Legislative Commission on Planning and Fiscal Policy questioned, from left, Revenue Commissioner Ward Einess, Finance Commissioner Tom Hanson and Human Services Commissioner Cal Ludeman May 16 on the effects of line-item vetoes and unallotment. as an opportunity to shrink state government, In addition to the listening tour, DFL leaders proposed revenue increases. Republican leaders remained steadfast in his opposition to tax made extensive use of a previously little- denounce the DFLers for passing tax increases increases. Instead, the governor proposed known legislative panel — the Legislative they knew the governor would veto. Either way, budget cuts, payment shifts to K-12 schools Commission on Planning and Fiscal Policy it’s done, and there is always next year. and a controversial plan to sell $1 billion of — to shed public light on budget negotiations The Minnesota House and Senate are future revenues from the state’s decade-old between the Legislature and the Pawlenty scheduled to reconvene at noon on Thursday, tobacco settlement. administration. During the final week of Feb. 4, 2010. It didn’t take long for DFL leaders to rip session, the commission met on an almost into the governor’s “tobacco bonds” proposal, daily basis to flesh out the governor’s budget which, as they pointed out, would have cost proposals live, in front of a public audience, the state some $600 million in interest over and on television. the life of the bonds. Instead of the one-time Republicans criticized both the listening tobacco money, DFLers proposed a package tour and the commission hearings, arguing of tax increases that would raise $1 billion, they amounted to public grandstanding providing a permanent revenue stream — and an ineffective use of time; DFLers along with a series of budget cuts that went defended them as an important measure of even deeper than the ones proposed by accountability. Pawlenty. DFL leaders said it represented “Another important part of this was doing fiscally responsible budgeting; Republicans things more publicly,” Kelliher said. “There called it “the worst of both worlds.” was more transparency; I think that actually But before DFL legislators offered their leads to more accountability. It was important own budget proposals, they went on an to us to hold public hearings…” unprecedented “listening tour,” holding That public process is expected to continue town hall-style meetings at various locations during the interim, when Kelliher said across the state to get public input on budget the Legislature will hold hearings on the solutions. Both DFL and Republicans governor’s unallotment plans. p h o t o b y a n d r e w v o n b a n k legislators attended the meetings that were Whether the session was a success or a The clock in the House Chamber approaches the part of a first-of-its-kind effort by legislative failure probably depends on how you define midnight hour on May 18, the last day of the 2009 leaders to add openness and public scrutiny those terms. Kelliher and DFL leaders point legislative session. to the normally esoteric process of building out that they sent the governor a balanced the state’s budget. budget. It was his choice, they say, to veto their

May 29, 2009 Session Weekly 5 New Laws

Pawlenty red-lined $100,000 in sustainable • new regulations on the sale and distribu- Editor’s note: The following are governor’s agriculture grants from the law. The amount tion of agricultural pesticides, including actions on bills through May 23. Designations would have been available in each of the modifications to the fee schedule; used in New Laws and Vetoes summaries: HF-House File; SF-Senate File; CH-Chapter; and two years of the biennium. However, his • establishment of a Noxious Weed Advisory *- the bill version considered by the House or veto eliminates the funding for the second Committee to advise the commissioner the bill language signed by the governor. year. “The remaining $100,000 will allow concerning the noxious weed control the department to fund the most worthy program; projects,” he wrote. • veteran designation availability on a Min- Also nixed was a $30,000 appropriation nesota Driver’s License or state identifica- AGRICULTURE for the development of a star farms program, tion card; and which would have recognized farms meeting • extending interviews to qualifying veter- certain criteria. “While the development of ans who apply for state employment and Ag, vets funding gets trim such a program may have merit, it does not a mandated annual report, beginning in Receiving overwhelming support in the rise to the level of a top priority considering 2011, containing data regarding number House and Senate, the omnibus agriculture the state’s budget situation,” Pawlenty wrote of veterans employed by state agencies. and veterans affairs finance law received in his veto letter. HF1122*/SF1779/CH94 nearly full support from the governor. Biennial funding proposals in the law c h u t z “We had two goals with the bill: preserve — L. S include: jobs and protect core services,” said Rep. Al • $87.5 million for use by the state’s five vet- Juhnke (DFL-Willmar), who sponsors the Bonding erans homes; law with Sen. Jim Vickerman (DFL-Tracy). • $23.6 million for Minnesota National Although the law came in a little under Gov. Guard enlistment incentives; ‘Bare bones’ bonding sees reductions Tim Pawlenty’s proposed budget target, the • $9.4 million for agriculture marketing and After conference committee members spent state’s top official trimmed $130,000 with two development, including grants for the weeks deciding what shovel- or paint-ready line-item vetoes. Minnesota Grown promotion; projects should be considered for this year’s For the 2010-2011 biennium, the law • $1 million to Second Harvest Heartland capital investment law, Gov. Tim Pawlenty appropriates approximately $116.8 million to for purchase of milk for distribution to used his veto power to cut $85.16 million the Veterans Affairs Department, $75 million Minnesota food shelves; and worth of projects from the $343.5 million to the Department of Agriculture, $41.7 • $282,000 to help the veterans homes receive proposal. million to the Military Affairs Department, Medicare certification. In an earlier letter to the conferees, Pawlenty $10.4 million to the Board of Animal Policy provisions in the law include: laid out his concerns regarding the size and Health and $5.6 million for the Agricultural • the ability to seek tenants for vacant or scope of the bill. He indicated an acceptable Utilization Research Institute. Most of the law unused space in the Orville L. Freeman bill should focus on “maintaining existing is effective July 1, 2009. Office Building in St. Paul, which houses buildings rather than constructing new ones; Although the governor’s budget proposed the Agriculture and Health departments; funding projects that leverage available federal no cuts to the Veterans Affairs and Military • a green jobs food production study and matching dollars; and remaining fiscally Affairs departments, it was the Agriculture report is called for to identify green job responsible.” Department funding that had to be shifted opportunities relating to various farming Despite his disappointment with the size around to provide more money for veterans methods, including organic, local, conven- presented to him, Pawlenty said he was affairs. This was accomplished largely by tional and urban farming; grateful for increases in the flood mitigation deferring some ethanol producer payments.

Dear Readers: The Legislature adjourned May 18 and is when news from the House warrants are meetings scheduled during the scheduled to reconvene for the second year available online. interim, go to www.house.mn/hinfo/ of the biennium at noon, Feb. 4, 2010. • Session Daily, the House electronic hinfosched.asp. To subscribe to the This special issue of Session Weekly provides news source, will be updated during house schedule electronic mailing a wrap-up of all legislation considered during the interim and is accessible on the list go to www.house.mn/list/join. the final days of session, including Gov. Tim House home page, www.house.mn. asp?listname=houseschedule. Pawlenty’s actions on the major spending Subscribers to Session Daily receive • For information on interim meetings that bills. e-mail alerts whenever a new article is will be video-streamed online, go to To our readers currently on the Session posted. To subscribe to Session Daily, http://www.house.leg.state.mn.us/htv/ Weekly mailing list, your free subscription log on to http://www.house.mn/list/ schedule.asp. will be rolled over to next year. The first join.asp?listname=sessiondaily or call • Subscribe to the House Public Informa- issue of Session Weekly for the 2010 session 651-296-2146 or 800-657-3550. tion Services‘ Twitter feed at http:// is scheduled to be published Feb. 12. • Fo r information o n any H o us e twitter.com/MNHouseInfo. Of course, House activities do not come to or many legislative commission — Session Weekly staff a standstill during the interim, and updates

6 Session Weekly May 29, 2009 amount and included disaster assistance money for northwest Minnesota, Hugo and Ca p i t o l in b l o o m St. Charles. “These are important items that need to be funded this year,” he wrote. “While many of the vetoed projects are meritorious, they should be considered next year as part of the larger, regular bonding bill.” “This money is going to go a long way to protect the Red River Valley from future flooding,” said Rep. Paul Marquart (DFL- Dilworth). “Those dollars will be saved many times over in reduced damages in the future.” Law sponsors Rep. Alice Hausman (DFL-St. Paul) and Sen. Keith Langseth (DFL-Glyndon) placed a high priority on higher education and gave asset preservation money to nearly every state agency. “I will tell you that this is one of those bare bones, bread and butter bonding (laws) that takes care of the basics,” Hausman said. “It focuses on both paintbrush- and shovel-ready projects that can be undertaken immediately.” The law will provide $54 million for flood mitigation. The rest of the money allocated in the law is toward asset preservation including $40 million and $25 million to the Minnesota State Colleges and Universities system and University of Minnesota. The law will also provide: • $26 million to the Department of Transportation for intercity passenger rail projects; • $22.6 million to the Metropolitan Council; and • $2.1 million for a national solar rating and certification laboratory that will likely be built on the University of Minnesota- Morris campus; The line-item vetoes include: • $24 million for the University of Minne- sota’s Bell Museum of Natural History; • $13.3 million for North Hennepin Community College Center for Business and Technology; • $11 million for a health and science center p h o t o b y a n d r e w v o n b a n k addition at Lake Superior Community and The Capitol Dome is framed by a profusion of blooming trees May 15. Technical College; • $6.5 million for a Mankato civic center expansion; Budget carrying over into the next fiscal biennium, • $5.78 million for the Red Lake school will be used to monitor state and local use of district; stimulus funds from the American Recovery • $5.75 million for a Metropolitan State Federal stimulus oversight and Reinvestment Act of 2009. University smart classroom center; A last-minute deficiency law includes In addition, the law, passed by the Legislature • $3 million for expansion of the St. Cloud funding for oversight of federal stimulus during the final hours of session, includes Civic Center; appropriations. some changes to the session’s omnibus higher • $2 million for early childhood learning and Sponsored by Rep. Loren Solberg (DFL- education finance law. Notably, it raises the child protection facilities; and Grand Rapids) and Sen. Richard Cohen (DFL- caps on tuition increases in the second year of • $2 million for the Minnesota Shubert St. Paul), the law, effective May 22, 2009, will the biennium for the University of Minnesota Performing Arts and Education Center in provide $700,000 to Minnesota Management and Minnesota State Colleges and Universities Minneapolis. and Budget and $384,000 to the Office of the system. For the university, the cap is raised HF855*/SF781/CH93 State Auditor. from $300 to $450; for MnSCU, the cap is — S. He g m a n The money, available immediately and raised from 3 percent to 5 percent.

May 29, 2009 Session Weekly 7 Rep. Tom Rukavina (DFL-Virginia) regarding alcoholic purchases only in the explained that the changes were needed premium seating area and suites. 2009 New Laws to give some added financial flexibility for Under the new law, mostly effective May A complete review of all new laws passed the university and MnSCU, both of which 21, 2009, a liquor license can be issued for the this year is expected to be available after July 1 at the New Laws 2009 Web page, http:// now face possible unallotment by Gov. Tim facility only if sales are allowed throughout www.house.leg.state.mn.us/hinfo/NewLaws/ Pawlenty. the stadium. “It should be all or nothing; you NewLawsmain.asp. To receive an electronic “It’s a minimal increase from what was in can’t just have a situation that applies only notification when the New Laws have been the original bill,” Rukavina said. in the luxury suites. If you’re not in a luxury posted, go to www.house.mn/list/join.asp? The law also includes several smaller suite you can’t have a beer?” said Rep. Leon listname=houseinformation. provisions making changes to county health Lillie (DFL-North St. Paul) who successfully Arranged by category, readers will find user-friendly access to stories that explain the care programs in a way that brings them into offered the amendment on the House floor. new laws. A link is provided to the actual bill conformity with requirements included in Sponsored by Rep. Joe Atkins (DFL-Inver text that was passed into law. By typing in a the federal stimulus legislation. There is also Grove Heights) and Sen. Linda Scheid (DFL- key word, an index will help readers find under a provision relating to the small school district Brooklyn Park), the law is a catchall for the which category the new law being searched for in Deer River, allowing the district to continue various liquor-related bills acted on this is located. Because this is the first year of the biennium, receiving sparsity aid. Solberg said it was session. bills that were introduced but not acted upon requested by the Education Department. The law also addresses an issue Augsburg could see new life in the second year of the HF2251*/SF1938/CH177 College in Minneapolis has regarding alcoholic biennium. Stories on some of the more high-

— N. Bu s s e sales by permitting the city to consider profile bills not making it into law and those issuance of an on-sale license. The college that were vetoed will also be featured. Business has been serving alcohol at selected alumnae events over the years, before finding out that Northfield), it tightens payday lending rules it didn’t have a license to do so. This provision and creates penalties for lenders who violate Commercial licensing updated is effective upon approval of the Minneapolis them. A new law clarifies and modifies certain City Council. The law requires payday lenders to: technical licensing and continuing education The law also provides for consideration of • keep detailed records about their trans- requirements regulated by the Commerce liquor licenses by issuing authorities for: actions and to track the dollar amount Department for workers such as real estate • the Duluth Entertainment Convention collected in interest payments on the salespersons and appraisers, and insurance Center for intercollegiate hockey games; loans, how many borrowers they serve, producers and adjusters. • Sporty’s Pub & Grill in Minneapolis; the frequency of customer borrowing, the Provisions of the law modify or clarify • the Best Western Superior Inn and Suites average rate of interest charged and other numerous aspects related to self-study and and East Bay Suites in Grand Marais; data; classroom- or Internet-based courses for pre- and • submit an annual report of that data to the licensing or continuing education professional • private convention centers outside the commerce commissioner; and requirements including payment of fees, seven-county Twin Cities metropolitan • provide the borrower with a copy of the loan course content and examinations, approved area. agreement in the language that was used textbooks, curriculum or materials, course Additional provisions allow for on-sale to negotiate the loan. management and credit hours. liquor hours to be expanded at the Humphrey Penalties for noncompliance apply to any For example, references to “sponsor” are and Lindbergh airport terminals; and license loan made to a Minnesota resident even if changed to refer to “education provider.” The holders selling wine to hold wine-tasting made on the Internet. sections dealing with insurance producers events. Except for certain reporting requirements, now align with the current version of laws The law adds a device designed to ensure which are effective retroactively from Jan. 1, and guidelines promoted by the National safe storage and monitoring of alcohol in the 2009, the law takes effect Aug. 1, 2009. Association of Insurance Commissioners home to the list of items that can be sold by HF914/SF806*/CH68 (NAIC) for insurance producers and liquor stores. — K. Be r g g r e n adjusters. HF1476*/ SF1313/CH120 The law is sponsored by Rep. Kurt Zellers — L. Sc h u t z Medicare and ‘robo calls’ (R-Maple Grove) and Sen. Kevin Dahle (DFL- A law relating to the Commerce Department Northfield). It takes effect July 1, 2010. Payday lending protections added could be considered a catchall of technical HF2099/SF1910*/CH63 When people don’t have bank accounts or changes needed to areas of regulations, — K. Be r g g r e n need cash fast, some turn to “payday lenders” including Medicare, insurance providers and who charge interest rates higher than standard telecommunications. Consumers bank rates for short-term loans of $1,000 or The law, sponsored by Rep. Joe Atkins less payable within 60 days. However, the (DFL-Inver Grove Heights) and Sen. Dan “serial borrowing” that may occur if lenders Expansion of U stadium liquor sales Sparks (DFL-Austin), will impact people allow customers to keep rolling over their For the University of Minnesota, it’s all or covered under various Medicare plans by loans can be like quicksand, sinking cash- nothing when it comes to liquor sales at TCF bringing Medicare statutes into compliance strapped people into deep debt. Bank Stadium that is scheduled to open this for notice requirements dictated by the A new law adds safeguards to existing fall. American Recovery and Reinvestment Act of regulations to protect these borrowers A provision in the omnibus liquor law 2009. Of significance is one provision laying from harm. Sponsored by Rep. Jim Davnie requires the university to change its plans out how requests for genetic information from (DFL-Mpls) and Sen. Kevin Dahle (DFL- issuers of supplemental Medicare policies are

8 Session Weekly May 29, 2009 St u d y t i m e

p h o t o b y t o m o l m s c h e i d Rep. Sarah Anderson tries to go through the entire second omnibus tax bill in the session’s final hour. Approved by the House and Senate, the bill was vetoed by Gov. Tim Pawlenty. to be handled. The level of coverage for various Crime Tougher sex trafficker penalties Medicare supplement plans is also clarified. As part of an overall effort to stop sex Additionally, the law addresses marketing trafficking in the state, the criminal penalties insurance or annuities to senior citizens. It Prostitution penalty changes will become more severe. will be considered a “deceptive act” for agents Prostitution penalties are toughened and “Sex trafficking is not limited to foreign to mislead a client by implying they have definitions have been clarified. nationals. Girls and women are regularly special certification or training in advising Effective Aug. 1, 2009, a new law makes trafficked every day in the state of Minnesota. or servicing seniors. prostitution arrest information more The average age of a trafficked individual is 12 Minnesota has statutes regarding who can accessible. years old,” said Rep. Michael Paymar (DFL-St. use “robo calls” or automated telemarketing Under current law, a crime of engaging in Paul), who sponsors the law with Sen. Sandy phone calls. Under the new law, a nonprofit, prostitution goes on a person’s record, but Pappas (DFL-St. Paul). The changes are based tax-exempt charitable organization can robo not on a person’s driving record. That makes on a report commissioned by Minnesota’s call if it is “solely for the purpose of soliciting it hard for law enforcement personnel to Human Trafficking Task Force. voluntary donations of clothing to benefit access the data from their in-car computer if The law, effective for crimes committed disabled United States military veterans.” a person is using a motor vehicle to patronize on or after Aug. 1, 2009, creates a first- and The law also sunsets the Minnesota do-not- prostitutes. second-degree sex-trafficking offense that is call provision Dec. 31, 2012. Atkins said there A loophole is closed in the law where a second similar to first- and second-degree sexual or is a similar federal law. He favored a sunset two violation was enhanced if the first violation domestic assaults. It calls for a 20-year felony years out, “just in case something happens was a misdemeanor, but not enhanced if the for sex trafficking a minor and 15 years for sex with the federal law.” first was a gross misdemeanor. trafficking any other person. The law has various effective dates. It also makes a definitional change to “place It also contains a provision for a 25-year HF1853*/SF1653/CH178 of public accommodation,” to enhance the sentence for a first-degree case with aggravating

— L. Sc h u t z penalty for prostitution in a public place, and factors, such as repeat offenders, the victim amends the public place prostitution crime by suffering bodily harm during the offense, replacing current language to make it identical more than one victim is involved, or the time to that in the other prostitution crimes. the victim was held in debt bondage or forced Rep. Melissa Hortman (DFL-Brooklyn labor was for more than 180 days. To find out who represents you at the Capitol . . . Park) and Sen. Patricia Torres Ray (DFL-Mpls) The definition of “prostitution in a public Call House Public Information Services sponsor the law. place” is clarified so it is consistent throughout at 651-296-2146 or 800-657-3550 HF1213/SF1009*/CH170 statutes, and the law enhances the penalty — M. Co o k for repeat prostitution-related violations in certain instances.

May 29, 2009 Session Weekly 9 The law adds language to state statute that Education • application by the Commissioner of Labor prohibits employer retaliation against a sex and Industry to Ramsey County or the crime victim who wants to testify in court if county where the nearest office of the De- they are a victim or witness to a crime. Student lifesavers trained properly partment of Labor and Industry is located HF1505*/SF1514/CH137 Some schools offer students training in for an order compelling production of an

— M. Co o k cardiopulmonary resuscitation and automatic employer’s payroll and business record external defibrillator use. documents is permitted. Vulnerable, elderly adult protection A new law, sponsored by Rep. Carlos Mariani The law is effective May 13, 2009, except A 20-year prison term and a felony charge (DFL-St. Paul) and Sen. Kathy Saltzman (DFL- for the partial disability compensation rate for conviction of financial exploitation of Woodbury), ensures that training will be in ac- changes that apply retroactively to dates of a vulnerable adult when the stolen amount cordance with the American Heart Association, injury on or after Oct. 1, 2000. exceeds $35,000 is one provision of a new the American Red Cross, or with other nation- HF1678/SF1476*/CH75 law. ally recognized, evidence-based guidelines. — K. Be r g g r e n Effective for crimes committed on or “The mandate here isn’t to provide the after Aug. 1, 2009, a new law makes various instruction,” Mariani said, but “if the Labor contracts ratified statutory changes based on recommendations instruction is provided, we want to make sure A number of labor contracts negotiated from a working group comprised of 52 they are following these industry standards.” between Minnesota Management and Budget agencies, entities and organizations. He said the odds of surviving cardiac arrest and various state employee unions have been The law intends to help people like a 92-year- without the interventions described are only ratified. old St. Paul man who was befriended by a 10 percent, but acquiring the right kind of Sponsored by Rep. Leon Lillie (DFL- neighbor when he became frail and who bilked skills “properly trains our young people to be North St. Paul) and Senate President James him out of almost $200,000. The woman put lifesavers as they go out into the world.” Metzen (DFL-South St. Paul), a new law ratifies his home on the market without his knowledge, The law is effective Aug. 1, 2009. contracts with workers in organizations as put an ad in the newspaper for a rummage sale HF648/SF567*/CH107 diverse as the Minnesota Nurses Association, of his belongings and left him to sit in a chair all — K. Be r g g r e n the State Board of Investment and Minnesota day. She was ultimately sentenced to probation State Colleges and Universities. and repayment of funds. Employment The legislation comprises the work of Sponsored by Rep. Debra Hilstrom (DFL- the Legislative Coordinating Commission Brooklyn Center) and Sen. Mee Moua (DFL- Subcommittee on Employee Relations, St. Paul), provisions of the law include: Workers comp rates, rules modified which approves negotiated labor agreements. • clearing up definitions of financial Modifications are made to the workers Affected employees or groups include: exploitation; compensation statutes in a new law sponsored • the Minnesota State University Association • extending the statute of limitations for by Rep. Mike Nelson (DFL-Brooklyn Park) of Administrative and Service Faculty; criminal financial exploitation from three and Sen. Tom Bakk (DFL-Cook). • the executive directors of the Teachers’ to five years when the exploitation exceeds They include: Retirement Association, Minnesota State $35,000; • adjustments to partial disability compensa- Retirement System and Public Employees • any business or financial institution that tion rates to account for previous gaps in Retirement Association; acts on good faith in telling authorities the rating scale; • the SBI; about suspected maltreatment or financial • changes to the Rehabilitation Review Panel • the MNA; exploitation will be granted immunity membership to replace the requirement • the Office of the Legislative Auditor; and from legal liability; for two members from the medical field, • the Inter Faculty Organization. • the human services commissioner is to which was determined to be too loosely The law caused some controversy on the seek federal money to design, implement, defined, with two licensed or registered House floor, where some members argued the maintain and evaluate a common entry health care providers, and removing one agreed-to salaries do not reflect the current point for reports of vulnerable adult member who represents chiropractors, but economic downturn. maltreatment; adding an actual chiropractor; Referring to a provision that authorizes a • a boarding care home, nursing home or • changes to the Medical Services Review 10 percent raise for certain SBI employees, hospital can submit a report of suspected Board membership, replacing one member Rep. Mark Buesgens (R-Jordan) called it maltreatment electronically, instead of who represents hospital administrators “unconscionable” to raise state workers’ submitting an oral report; with one who represents hospitals, adding salaries at a time of record unemployment. • the consent defense is removed in cases an occupational therapist and removing a “We are not a rubber-stamp organization, where the victim lacks the capacity to member representing the general public; members; we’re here to do the right thing. And consent; and • modifications to these groups’ alternate if you consider voting for a 10 percent increase • a civil cause of action is created for a membership; for state employees when the rest of the state of vulnerable adult who is a victim of • allowance for certain of the groups’ Minnesota is hurting, then I don’t think you financial exploitation. Damages equal to meetings to be held by telephone or understand the idea of the whole concept.” three times the amount of compensatory electronically; Rep. Lyndon Carlson, Sr. (DFL-Crystal) damages or $10,000, whichever is greater, • prohibiting medical examinations by an explained that it is an executive-branch are authorized, as are attorneys’ fees and employer’s physician from being held in initiative to retain “top-notch people” costs for a prevailing vulnerable adult. hotel or motel facilities; responsible for investing state pension HF818*/SF758/CH119 • sharing data, including Social Security funds. numbers, is allowed between certain state — M. Co o k Supporters of the legislation note that many departments; and 10 Session Weekly May 29, 2009 of the contracts were negotiated prior to the the Department of Natural Resources if the beginning of the recession. commissioner deems it is in the public’s The law has various effective dates. best interest. Also, at least 75 percent of HF1218/SF1036*/CH85 the riparian landowners must agree to the

— N. Bu s s e drawdown. A public hearing is required and the permit applicant must mail notices of Uniform deduction law cleaned up the hearing to affected property owners and A practice already in place between auto publish the date, time and place of the hearing dealers and employees regarding the cost in a local newspaper. of some workers’ uniform cleaning and Local governments and watershed districts maintenance will be codified in state law. temporarily draw down the water level in Car dealers and some employees’ unions a lake as a management tool to prevent or have agreed that service employees’ uniforms eradicate invasive species. are picked up, cleaned and returned to The law, sponsored by Rep. Paul Rosenthal the workplace as part of their collective (DFL-Edina) and Sen. Ken Kelash (DFL- bargaining agreement. The law “allows that Mpls), excludes public waters that have been practice codified in their collective bargaining designated by the commissioner for the agreement to continue,” said Rep. Jim Davnie protection and management of wildlife. (DFL-Mpls), who sponsors the law with Sen. HF1539/SF640*/CH48 David Tomassoni (DFL-Chisholm). — S. He g a r t y Employers may deduct up to $25 per month from employee wages for the uniform LCCMR projects approved maintenance expense. The amount deducted Each year, the Legislative-Citizen is not subject to reimbursement upon the p h o t o b y t o m o l m s c h e i d Commission on Minnesota Resources employee’s termination. A new law will continue the state’s focus on receives funding from lottery sales that it The law takes effect Aug. 1, 2009. developing renewable energy sources like wind redistributes to grant recipients who submit HF1685/SF1431*/CH69 power. requests for proposals. The LCCMR funding

— K. Be r g g r e n recommendations for these environmental the funds will be redistributed to a rural projects form the basis of a new law. Energy state college or university. The funds are to This new law, sponsored by Rep. Jean study environmentally sound production Wagenius (DFL-Mpls) and Sen. Ellen of energy from renewable sources, energy Anderson (DFL-St. Paul), appropriates $26 Focus on renewables, conservation storage methods, development of energy million, primarily out of the state lottery’s Pushing energy conservation to the front conservation and utilization technologies, Environment and Natural Resources Trust burner of Minnesota homes and providing and to analyze policy options. An annual Fund, for various projects. a framework so that renewable energy report is due to the Legislature. More than $12.8 million from the trust production coexists with traditional energy Geographically specific policies are also in fund is available for partnerships and grants. delivery methods are the focus of a new law. the law, which include: For example, the University of Minnesota Sponsored by Rep. Bill Hilty (DFL- • allowing the Mountain Iron Economic and the Department of Natural Resources Finlayson) and Sen. Yvonne Prettner Solon Development Authority to form a company will split $500,000 to study the effect that (DFL-Duluth), most of the law became to develop a C-BED project; and development has on coldwater springs and effective May 20, 2009. • enabling utilities that serve the Central trout streams. Renewable energy and conservation Corridor, the light rail transit line to be Those receiving funding include Pheasants initiatives contained in the new law include: built between Minneapolis and St. Paul, to Forever, Minnesota Deer Hunters Association, • extending the annual $10.9 million for apply for new facilities within and outside Ducks Unlimited, National Wild Turkey renewable energy production incentives to the designated zone. Xcel Energy has plans Federation and others who purchase 2021 and adding hydroelectric production to create a mixed use of utilities along the conservation easements and who restore and facilities to eligible grantees; transit route. maintain wildlife habitats. • allowing the Public Utilities Commission HF863/SF550*/CH110 Nearly $6 million will pay for conducting to consider the impact of energy conserva- geological atlas surveys to study groundwater, — S. He g a r t y tion as a preferred consumer choice when including the Mt. Simon aquifer in south- setting rates that utilities may charge and central Minnesota. Though some county removing direct compensation to utilities Environment surveys have been completed and paid for for their revenue losses as a result of their through other funding sources, the LCCMR conservation programs; Changes to temporary drawdowns money will speed up the data collection of • allowing a natural gas company to count Cities and counties will no longer need water, soil and wetlands throughout the state. biomethane purchases toward its energy the approval of every lakefront property Soil surveys also are paid for through local and conservation plan; and owner along a public water body in order to federal cost-share programs. • allocating $5 million from the Renewable temporarily lower the lake’s water level. Just over $2 million is available for Development Account to the Initiative for A new law, effective Aug. 1, 2009, allows water studies, such as the removal of toxic Renewable Energy and the Environment at cities and counties to apply for a public compounds found at wastewater treatment the University of Minnesota. A portion of waters work permit for the drawdown from plants that are known endocrine disruptors.

May 29, 2009 Session Weekly 11 Studies have linked endocrine disruptors to becomes incapacitated, the husband may marriage is placed seventh on the list, and adverse biological effects in animals, and become her legal guardian or conservator in any other adult or a professional guardian potentially in humans. Florida. However, Jackson said, if something is eighth on the list in order of who a court Another $2 million from the trust fund is were to happen to the husband and their shall consider in appointing a guardian; available for a demonstration project by the child wants to move them here, Minnesota and nonprofit Center for Energy and Environment, would not recognize the guardianship. The • a guardian cannot revoke a health care which is charged with developing a new law hopes to reduce the number of times a directive of a ward or protected person residential energy conservation program. person has to go through the guardianship without a court order. The Renville Soil and Water Conservation or conservatorship process. HF804*/SF951/CH150

District will receive $1.5 million to purchase In early May, Jackson estimated 13 other — M. Co o k perpetual easements in addition to its current states had a similar law. 14,000 acres of conservation easements, As more states adopt this, she said there Marriage laws get updated particularly where there are unique will be a larger group that has uniformity, A person under age 21 can get married in outcroppings of granite rock along the Upper meaning easier transfers of registration of Minnesota, but someone under that age will Minnesota River Valley. guardianship, conservatorship or protective no longer be able to perform the ceremony. Others receiving funds include: provision. That is one provision in a new law that • Science Museum of Minnesota for the A court may treat a foreign country as if it makes modifications to the state statutes St. Croix watershed research station; and were a state for applying provisions of the law, governing marriage. It takes effect • Metro Blooms, Minnehaha Creek Watershed if the country matches the requirements of Aug. 1, 2009. District and the City of Minneapolis our jurisdiction regarding a protective order, Current law would allow someone of for rain gardens to improve water in guardianship or conservatorship. any age to potentially become a licensed or Powderhorn Lake. Most of the law takes effect Jan. 1, 2010, ordained minister of any religion over the The new law specifies that plant vegetation and will apply to guardianship and protective Internet and perform a marriage. only of native ecotypes to Minnesota and proceedings begun on or after that date. Sponsored by Rep. Debra Hilstrom (DFL- preferably of the local ecotype be used when HF632/SF412*/CH46 Brooklyn Center) and Sen. Don Betzold (DFL- restoring wetlands. The use of local stock — M. Co o k Fridley), the law also removes a requirement within a few miles of the area being restored on a marriage application about any children helps prevent genetic contamination and Guardianship/conservatorship help the couple has together. The confidential leads to more success for wetland and prairie A bill of rights for wards and protected information is currently collected; although restoration projects, according to scientific persons will be in state statute. nothing is done with it. Supporters said studies relied upon by lawmakers. That is just one of the provisions in a law there is no point to spending money to HF2049/SF1012*/CH143 that makes changes related to guardians and track the information when it is not used for — S. He g a r t y conservators. anything. Effective Aug. 1, 2009, the law addresses If an individual applies for a marriage Family accountability and transparency in the license, but does not have a Social Security system. number, they must certify they do not have Rep. Paul Thissen (DFL-Mpls), who one. Adult guardianship jurisdiction sponsors the law with Sen. Mee Moua Premarital education gets a couple a Minnesota will have procedures and (DFL-St. Paul), said approximately 22,000 discount on their license fee. The law requires standards for recognizing and interacting Minnesotans are under a guardianship or that proof of the class must be notarized. with guardianship and protective order conservatorship, a number that is expected Currently a handwritten note or an e-mail is proceedings and appointments from outside to increase. sufficient for the reduced rate. of the state. The law does three primary things: It also makes changes to clarify that the Sponsored by Rep. Gail Kulick Jackson • establishes conflict-of-interest rules for local registrar is the custodian of marriages, (DFL-Milaca) and Sen. Mee Moua (DFL- attorneys that represent guardians and not the court administrator; clarifies that the St. Paul), the Uniform Adult Guardianship wards; person performing the marriage must ensure and Protective Proceedings Jurisdiction • puts more eyes on these transactions with the people getting married are the people for Act will establish uniform jurisdiction on an ombudsman being more involved, along whom the license is intended; clarifies that determining a primary residence or other with more interested persons; and both parties must apply for the marriage state of substantive contact, how to transfer • creates the bill of rights to put many related license, but it creates an application process if and register guardianships between states so issues in current law into one place. one of the parties is not available; and clarifies procedures are not repeated in each state. It Among the 14 listed rights that must be that a person with a felony cannot change their does not change anything regarding minor enforced by the court are treatment with name through marriage without following the guardianship. dignity and respect; due consideration of process identified in the court-ordered name Because today’s elderly are very mobile and personal desires, medical preferences and change for felons. It used to be that felons often live in other states for periods of time, it religious beliefs; personal privacy; and timely couldn’t change their last name when they got can be problematic between states as to where and appropriate health care “that does not married, but could change their first name. an appropriate venue is for guardianship, violate known conscientious, religious, HF695/SF548*/CH129 conservatorship or other adult protective or moral beliefs of the ward or protected — M. Co o k actions, Jackson said. person.” For example, if a husband and wife live Other provisions in the law include: in Florida six months a year, and the wife • an adult related by blood, adoption or

12 Session Weekly May 29, 2009 Probate code changes Funeral directors should now have more Aw a i t i n g a c t i o n clarity regarding the disposition of a body upon death. Effective May 21, 2009, a new law clarifies what documents control and what the order of relationships of the decedent are for whom has say over what happens to the body after death. Rep. Melissa Hortman (DFL-Brooklyn Park), who sponsors the law with Sen. Linda Scheid (DFL-Brooklyn Park), said the changes come from a Health Department request. When someone dies, the person who decides what to do with the body is determined by order of degree of kinship. Previous law had an order for seven people: whomever is appointed in a document signed by the decedent; the spouse; an adult child or majority of the adult children; the surviving parent or parents, with each having equal authority; an adult sibling or majority of adult siblings; person or persons in the next degree of kinship specified by law; and the appropriate court authority. New language adds new numbers six-10: adult grandchild or majority of the adult grandchildren; grandparent or grandparents, with each having equal authority; adult nieces and nephews, or a majority of them; person or persons who were acting as guardians; and “an adult who exhibited special care and concern.” The person or persons in the next degree of kinship specified by law and the appropriate court authority now rank 11th and 12th. It also states that an advanced directive no longer has to be notarized; changes the amount of property that a person could collect by affidavit from $20,000 to $50,000; and provides timelines for a probate court to correct their errors. HF265*/SF262/CH117

— M. Co o k

Gambling

Ratings charitable gaming outlays Organizations receiving charitable gambling receipts are suffering their own economic downturn. Some changes to statute would help keep the “struggling organizations afloat,” said Rep. Joe Atkins (DFL-Inver Grove Heights), who sponsors a new law with Sen. Tony Lourey (DFL-Kerrick). The law makes technical changes to statutes regarding licensing and auditing requirements. It also establishes a star-rating system, “so that people can compare how p h o t o b y t o m o l m s c h e i d much money is actually given to charitable organizations through the pull tabs they are Piles of paperwork awaiting House action May 17 sit on the chief clerk’s desk and the steps leading to the Speaker Margaret Anderson Kelliher’s chamber desk. purchasing,” Atkins said.

May 29, 2009 Session Weekly 13 Beginning July 1, 2009, when most of the Valley) and Sen. Satveer Chaudhary (DFL- a new law is designed to save state officials law takes effect, the Minnesota Gambling Fridley), the law includes several new fishing money by letting them meet via telephone or Control Board will conduct a 12-month review provisions. For example, people age 90 and other electronic means. It applies to all state of licensed organizations, rating them based older can fish without a license. Known as the departments, boards, commissions and other on the percentage of lawful expenditures as “Irene Long Act,” it is named for a 91-year- state government entities. compared to gross profits. old Isle woman who lives on a fixed income Johnson said the law will be especially An organization that expends at least but enjoys annual fishing. Long’s angling useful to members of boards or commissions 50 percent of gross profits on charitable highlight is catching a 43-inch muskie on Lake who live in Greater Minnesota and have purposes will receive the highest rating — five Mille Lacs. difficulty commuting to regular meetings. stars. An organization that fails to expend In addition, lifetime spearing licenses for “The whole intent is to provide more at least 30 percent of annual gross profits residents are added to statute and will cost openness and more flexibility for people to on charitable purposes is automatically on between $173 and $372 depending upon the participate,” Johnson said. probation for one year. The organization angler’s age. Bow-fishing for rough fish will Under the law, agencies will be authorized must increase its rating to a minimum of also be allowed at night on approved lakes. to meet via electronic means as long as the 30 percent or be subject to sanctions by Organizing fishing contests becomes easier following conditions are met: the board. If an organization fails to meet if additional conditions are met, thereby • all participants in the meeting must be able the minimum standard after a one-year avoiding the need for a permit. Conditions to hear all discussion and testimony; probation, the board may suspend the include: if 25 or fewer boats are competing, • at least one member of the government organization’s license or impose a civil if the contest is limited to rough fish or if the entity must be physically present at the penalty of up to $10,000. total prize value is $500 or less. regular meeting location; Under the law, the list of allowable School field trips to state parks will be less • members of the public who are present expenditures for charitable gambling expensive thanks to a provision that allows at the regular meeting location must be receipts is expanded to include: buses carrying students on school-sanctioned able to hear all discussion and all votes • monitoring of surface water quality trips to enter state parks without paying of members of the entity and be able to by individuals or a nongovernmental admission. participate in testimony; and organization, under Pollution Control There was lively debate in a House • all votes are conducted by roll call, so each Agency guidance and procedures; and committee about establishing criteria before member’s vote on each issue can be identi- • construction or acquisition of a replacement naming any more state property after people, fied and recorded. licensed organization’s building that is in yet the Northshore Trail between Duluth The law also states that the board or agency compliance with the Americans with and Two Harbors will be renamed in honor shall allow the public to access the meeting Disabilities Act if the board has specifically of C. J. Ramstad, an outdoor enthusiast and electronically, to the extent practicable. approved the amount. This provision publisher who was killed in a motor vehicle However, the entity may require a person to could extend to an organization-owned accident. Some female legislators said there is pay for any “marginal costs” associated with building taken or sold under an eminent too much disparity between men and women providing that access. domain proceeding. when naming state property. A state entity intending to conduct a The law also calls for a licensed charitable Backed by the All-Terrain Vehicle meeting in which members will participate organization to pay a monthly regulatory fee Association of Minnesota, there will be new through electronic means must post public of 0.1 percent of its gross monthly gambling penalties for reckless operation of an ATV. notice on its Web site at least 10 days prior to receipts. These fees will be deposited into the For instance, riding across a wetland will be a the event. state’s lawful gambling regulation account. gross misdemeanor and upon second offense, The law takes effect Aug. 1, 2009. Failure to pay the monthly regulatory fees in could lead to the seizure of the machine by law HF456/SF764*/CH80 a timely manner may result in disciplinary enforcement. — N. Bu s s e action by the board. Minnesota’s state grain, wild rice, can be Licensed organizations will be given more harvested in public waters, but the earliest date Divesting from Iran leeway to conduct lawful gambling at events for harvesting shifts from July to Aug. 15 and Companies that may be underwriting Iran’s off-premise. If approved by the board, an continues through Sept. 30. Harvesting too nuclear ambitions will no longer get any organization could hold lawful gaming at up early can negatively impact the grain’s ability business from the state of Minnesota. to four events per year in connection with to reproduce as a perennial crop, according to A new law requires the State Board of a county fair, state fair, church festival or one lawmaker. Investment to divest any assets it currently civic celebration, not to exceed three days HF1237*/SF1110/CH176 holds with companies that do business with per event. — S. He g a r t y Iran’s energy sector. The board, which invests HF1511/SF1284*/CH124 and manages the state’s retirement funds and — L. Sc h u t z Government other accounts, will have to sell or otherwise get rid of its stock in those companies. Game & Fish Sponsored by Rep. Ryan Winkler (DFL- E-meetings for state agencies Golden Valley) and Sen. Terri Bonoff (DFL- State agencies will be allowed to hold Minnetonka), the law is part of a broader Recreation statutes amended meetings electronically instead of in person campaign to stop Iran from developing The omnibus game, fish and forestry law — as long as the public has access to the nuclear weapons. The goal is to discourage includes new regulations related to fishing and meetings. companies that could supply them with hunting, plus uses for parks and state trails. Sponsored by Rep. Sheldon Johnson (DFL- the relevant technology and resources. Iran Sponsored by Rep. Kent Eken (DFL-Twin St. Paul) and Sen. Mee Moua (DFL-St. Paul), is currently one of four nations the U.S.

14 Session Weekly May 29, 2009 government classifies as a state sponsor of Revising and updating statutes to coverage issued, renewed or continued on terrorism. The yearly version of what is commonly or after that date. Under the law, effective Aug. 1, 2009, referred to as the Revisor’s Law corrects HF286/SF245*/CH45 the board will have 90 days to identify and typographical or grammatical errors, editorial — K. Be r g g r e n compile a list of companies engaging in conflicts, ambiguities, omissions, cross- “scrutinized business operations” in Iran. The references, obsolete or expired references, Oversight for rural cooperatives board will then notify the affected companies miscellaneous drafting errors and any The Minnesota Rural Health Cooperative that they may be subject to divestment. If a other changes that need to be made to state was authorized in 1994 to provide better company does not take action within 90 days statutes. health care access to rural communities, to cease its scrutinized business operations, Sponsored by Rep. Gail Kulick Jackson by allowing multiple service providers to the board will begin selling, redeeming, (DFL-Milaca) and Sen. Mee Moua (DFL-St. contract jointly with healthcare insurers. divesting or withdrawing its stock in the Paul), most of the law takes effect Aug. 1, A new law gives the Department of Health company. Additionally, the law includes a 2009. more oversight responsibilities for the 40 prohibition on acquiring new stocks in such During the interim between sessions, hospitals and clinics and 10 specialty clinics companies. substantial editing and proofreading is done that comprise that cooperative and others like Exemptions are provided to companies to the Laws of Minnesota and Minnesota them. involved in humanitarian and similar work Statutes. These changes, together with For a $2,000 fee, health care providers may in Iran. The law would cease to be effective requests for additional changes from other submit an application to the department to if Iran was removed from the state sponsors state agencies, make up the law. form a cooperative. The department will of terror list, or if the president of the United HF1171/SF1096*/CH86 have 60 days to review, approve or deny the States determines the law is interfering with — M. Co o k application. The fee to modify, renew or U.S. foreign policy. extend a cooperative agreement is $500. Howard Bicker, the board’s executive director, Health When considering whether to approve an said that the bill would affect approximately application, the health commissioner must $280 million of state investments, or slightly consider the potential for antitrust violations more than 1 percent of the state’s total portfolio. Acupuncturist services now covered and may revoke the cooperative privilege if HF111*/SF131/CH90 Treatment by licensed acupuncture the contract parties do not comply with state — N. Bu s s e practitioners will become more widely regulations. reimbursed by health care plans that already An active investigation by the Federal Trade Wasting less paper offer physician-supervised or provided Commission is ongoing for allegations that the Less paperwork without any less coverage only. cooperative engaged in collective negotiations transparency in government is the goal of A new law provides equal access to a of physician, hospital and pharmacy prices, a new law that modifies state report and licensed acupuncture practitioner for services according to the FTC. document requirements. covered under a regulated health plan. If The law, which takes effect Aug. 1, 2009, Sponsored by Rep. Gene Pelowski, Jr. (DFL- acupuncture services provided by a physician keeps application data collected on individuals Winona) and Sen. Joe Gimse (R-Willmar), are covered, the same services provided by a private. Rep. Larry Hosch (DFL-St. Joseph) the law will allow the Legislative Reference licensed acupuncture practitioner must also and Sen. Gary Kubly (DFL-Granite Falls) are Library to keep fewer print copies of mandated be covered. It does not require health plans the law’s sponsors. legislative reports and eliminate certain other that don’t cover any acupuncture services to HF120/SF203*/CH97 begin doing so. paperwork requirements. — S. He g a r t y Effective Aug. 1, 2009, the library will be The law is also a memorial to Edith R. required to keep on hand two print copies of Davis, considered Minnesota’s pioneer Volunteer health practitioner acupuncturist, who brought “the whole area of each mandated report to the Legislature; the A new law provides technical clarifications acupuncture into the light of day and (made) current requirement is six copies. In addition, regarding volunteer health practitioners. sure that we have good standards,” said Rep. copies will no longer have to be filed with the Sponsored by Rep. Paul Thissen (DFL- Karen Clark (DFL-Mpls), who sponsors the chief clerk of the House and the secretary of Mpls) and Sen. Linda Higgins (DFL-Mpls), law with Sen. Linda Berglin (DFL-Mpls). the Senate. the law defines “volunteer health practitioner” Advocates said that a growing body of Other eliminated mandates include: as one who provides health or veterinary scientific evidence supports the benefits of • that a print copy of the library’s monthly services, whether or not the practitioner is acupuncture for a variety of conditions and checklist of state documents be distributed compensated for their services. that the treatment is rarely associated with to all legislators, state agencies and public Typically volunteer health practitioners complications. They also said only about a college and university libraries; and perform services for a disaster relief dozen Minnesota physicians or chiropractors • that Minnesota Management and Budget organization, Thissen said. are board-certified in medical acupuncture. submit printed daily reports to the library The law also extends liability protections “Acupuncturists licensed under Board showing the balances of certain state to practitioners from other states unless of Medical Practice’s very high standards accounts. their license has been suspended, revoked or ironically are not allowed to get reimbursed, The law will ensure that all documents voluntarily terminated. and often their prices are lower and they are far affected by the changes are available on the The law is effective Aug. 1, 2009. more qualified” to practice acupuncture than library’s Web site. HF521/SF457*/CH72 are physicians, even those with acupuncture HF801*/SF779/CH32 — P. Os t b e r g licenses, said Rep. Jim Abeler (R-Anoka). — N. Bu s s e The law takes effect Aug. 1, 2009, and applies

May 29, 2009 Session Weekly 15 Le a d e r s u p d a t e

p h o t o b y t o m o l m s c h e i d House and Senate leadership talk with the Capitol press corps after leaving Gov. Tim Pawlenty’s office May 16.

Specialty hospital approved Roseville), the law makes technical changes Isolation and quarantine Imagine having a child needing psychiatric related to national standards for speech How the state will mass dispense services, but having to send them hundreds of pathologists, continuing education changes for vaccinations or prescription drugs in case of miles away because all the hospital beds near occupational therapists, language permitting a public emergency is defined in a new law. your home are full. That is the impetus for a pharmacists to administer flu vaccines to Sponsored by Rep. Ryan Winkler (DFL- new law that will allow a specialty psychiatric people ages 10 or over, and it combines a Golden Valley) and Sen. Yvonne Prettner Solon hospital to be built in western Hennepin biennial licensure fee and surcharge into one (DFL-Duluth), the law creates three dispensing County to serve patients under the age of 21. for speech-language pathologists. methods: a designated representative of a Sponsored by Rep. Marsha Swails (DFL- The law also repeals some mortuary science household can pick up prescription drugs or Woodbury) and Sen. Yvonne Prettner Solon regulations that were inadvertently not vaccines for that household; postal carriers can (DFL-Duluth), the law provides an exception repealed in 2007. deliver drugs to households; and it will create a to the hospital moratorium by approving the The law takes effect Aug. 1, 2011. closed point of dispensing in which a business, construction of a 20-bed facility for young HF1745*/SF1445/CH157 church or other organization will be a center for patients. — P. Os t b e r g dispensing drugs to a limited number of people. As the severe shortage of child and adolescent A closed point will not be open to the public. beds in the state continues to worsen, the Pharmacists changing prescriptions The law removes a sunset provision on a addition of 20 beds would give teens and Pharmacists will be able to change peace officer’s authority to use force if a person adolescents the inpatient mental health services prescriptions for some legend drugs without resists isolation and quarantine required by a they need in a time of crisis, Swails said. a physician’s signature. court order. The law is effective Aug. 1, 2009. Sponsored by Rep. Erin Murphy (DFL-St. The health commissioner is authorized HF665/SF615*/CH51 Paul) and Sen. Kathy Sheran (DFL-Mankato), to purchase vaccines, antitoxins, serums, — P. Os t b e r g a new law adds pharmacists to others, such as immunizing agents, antibiotics, antivirals, nurses or certain physician assistants, who can antidotes, other pharmaceutical agents and Licensing changes make drug changes under the direction of a medical supplies. The commissioner can also Changes to licensing requirements for health licensed practitioner. The prescription change request Minnesota Responds Medical Reserve occupations, such as speech pathologists and cannot be for a specific patient, but rather the Corps health volunteers to help in case of occupational therapists, are included in new amount being prescribed. emergency. law. The law is effective Aug. 1, 2009. The law became effective May 8, 2009. Sponsored by Rep. Maria Ruud (DFL- HF53/SF29*/CH161 HF1554/SF1462*/CH41

Minnetonka) and Sen. John Marty (DFL- — P. Os t b e r g — P. Os t b e r g

16 Session Weekly May 29, 2009 Health technology infrastructure Foreclosure consultants accountable a new law with Sen. Linda Higgins (DFL- Converting health records to electronic Those teetering on the edge of foreclosure Mpls), said that Minneapolis had about form is the focus of a new law. may welcome outside help to renegotiate their 3,000 foreclosed properties in 2008 and is on Sponsored by Rep. Paul Thissen (DFL- mortgage, but those promising foreclosure pace for about the same this year. However, Mpls) and Sen. Tony Lourey (DFL-Kerrick), assistance don’t always follow through. the state’s largest city is far from being alone the law aligns state requirements to match Homeowners will have more protection during the current foreclosure crisis. federal stimulus requirements in the Health against unscrupulous consultants. When a property is deemed abandoned Information Technology for Economic and A new law modifies a 2004 law regulating by a court, a city is permitted a limited right Clinical Health Act. mortgage foreclosure consultant contracts. of entry to secure the property. The law The law will help pull down federal money It clarifies that people classified as mortgage limits which city employees can determine to state providers by aligning definitions consultants, including originators of an entrance to the property is necessary, such as “interoperable electronic health mortgages who negotiate or renegotiate a including a housing official. record” and “qualified electronic health mortgage, and nonprofit agency counselors In order to get the property sold, the law record” to ensure coordination between state, who work with people at risk of foreclosure, allows a political subdivision to request regional and national efforts to effectively use may collect a fee for such services only after reduction of the mortgagor’s redemption health technology to improve coordination the services have been performed. period to five weeks from six months on a and patient care among providers. The The law, sponsored by Rep. Joe Mullery foreclosed abandoned property. change could help reduce medical errors, (DFL-Mpls) and Sen. Lisa Fobbe (DFL- Other aspects of the law, which has various improve population health and reduce health Zimmerman), takes effect June 20, 2009. effective dates, include: disparities and chronic disease. The law also will allow an owner of • specification of certain notice The HITECH Act was included in the homestead real estate consisting of one to requirements; American Recovery and Reinvestment Act four residential units to postpone a mortgage • extension of the deadline for action by a of 2009 to help providers create electronic foreclosure sale for five months. That provision property owner from six to 14 days from health records that would be interchangeable will give a homeowner more time to reinstate being ordered to secure the premise, and between health systems. the mortgage loan by paying off the amount specifying that failure to do so could result The health commissioner, in conjunction in default plus associated costs, rather than in municipal action; with an e-Health Initiative Advisory the entire mortgage amount loan after the • classification of the sale or gift of alcohol Committee, will monitor related national foreclosure sale. in an abandoned property as a public activity and coordinate statewide input on HF903/SF708*/CH141 nuisance in certain circumstances; and developments. — K. Be r g g r e n • the holder of a sheriff’s certificate of The law has various effective dates. sale — the official document granted to HF1322/ SF1890*/CH102 Protecting problem properties the purchaser of real property sold at a — P. Os t b e r g A clarification to rules and regulations mortgage foreclosure sale — is required for how cities can secure foreclosed and to secure and protect the premise if there Housing abandoned properties so they cannot be used is prima facie evidence the property has for improper purposes may help in some been abandoned. If the locks are changed, troubled areas. the mortgager must be provided a key. Mortgage clarification language Rep. Jeff Hayden (DFL-Mpls), who sponsors HF1394/SF1147*/CH123 A new law cleans up changes made in a — M. Co o k number of 2008 mortgage laws. Among the changes is that a written notice to tenants in property subject to mortgage foreclosure or termination of contract for deed is to be included for both pre- or post- foreclosure. The 2008 law did not include the pre-foreclosure requirement. A party conducting a foreclosure that requests a sheriff’s sale must provide certain notices at the party’s expense. Other issues addressed include specifying requirements for vendors under contracts for deed and foreclosure counseling notices. It makes a technical change for what needs to be in an affidavit for purposes of clearing title. Most of the law takes effect for foreclosures where the notice of pendency is recorded on or after Aug. 1, 2009. Rep. Joe Mullery (DFL-Mpls) and Sen. Lisa Fobbe (DFL-Zimmerman) sponsor the law. HF995/SF1302*/CH130 p h o t o b y t o m o l m s c h e i d — M. Co o k Legislators fought the foreclosure crisis with bills to stem vandalism in vacant houses and to protect homeowners from unlawful foreclosure practices.

May 29, 2009 Session Weekly 17 Humanities A pilot project to study and report on all receiving child protective services, in out-of- state expenditures “that serve the primary home placement or for whom parental rights function of supporting the health, safety, have been terminated. Tribal agencies can Resolving a Dakota conflict stability, growth, development and education access state funding for the screenings. One year after the Dakota Conflict of 1862 of children in this state” is called for in the The law defines factors for which children in Minnesota, President Lincoln signed the law. can be removed from their home to ensure Minnesota Indian Removal law, resulting in Hilstrom said current financial tracking their safety, and eliminates certain child removal of the Dakota people from the state. does not allow the state to differentiate behavior, such as running away, as a sole The law is still on the books. how much money is spent on children and reason for removal. It also states that “family A new law, in the form of a nonbinding juveniles within different areas. An electronic group decision-making” can be used as a form resolution, urges the president and Congress version of the executive summary is due to the of dispute resolution. to repeal the federal legislation. Legislature by Jan. 15, 2010. The law makes changes so child welfare Rep. Dean Urdahl (R-Grove City), who The pilot project language takes effect July officials have access to child support sponsors the law along with Sen. Steve Dille 1, 2009; the study language takes effect Aug. enforcement data to establish a father’s (R-Dassel), said the measure is “largely 1, 2009. identity and whereabouts. It clarifies when symbolic, but it is important to the tribes in HF702*/SF561/CH132 fathers are notified of proceedings, their

Minnesota.” — M. Co o k legal rights and responsibilities and sets It wasn’t until 1924 that all Native Americans requirements for establishing paternity in in the United States received full citizenship, Hennepin County rule changes certain cases. said Rep. Paul Gardner (DFL-Shoreview). Hennepin County can streamline its Changes to meet federal requirements “The law is still on the books, and it basically human resources policies and extend the life include: says that one group of people are not allowed of a task force by two years, because of a new • applying “reasonable effort” to place sib- to live here. I don’t think that’s right to be on law. lings together in foster care and for the the books.” Sponsored by Rep. Kurt Zellers (R-Maple agency to provide frequent visits if the Under the resolution, the secretary of state Grove) and Sen. Ann Rest (DFL-New Hope), siblings cannot be placed together; is to prepare copies of the memorial to be sent the law makes technical changes requested by • monthly caseworker visits must include to the president, Congressional leadership and the county, whose human resources policies determining whether the child is enrolled its members. are governed by state law as well as their own and attending school, and addressing the HF1825/SF1623*/CH171 rules. issue if not; and — L. Sc h u t z The legislation, effective upon county • requiring due diligence in identifying and compliance, will conform state statutes to notifying adult relatives prior to placement Human services internal rule changes recently adopted by the or within 30 days after the child is removed county. Specifically, department directors from the parents’ care. and the county human resources director The law takes effect when at least 35 states Juvenile justice data collection will be given more discretion to set policies have enacted it. Data collection about decisions that affect regarding the length of probationary periods, HF1709/SF1503*/CH163 a child’s status within the juvenile justice compensation plans and non-disciplinary — P. Os t b e r g system could occur more uniformly. appeals. Currently, the authority in such A new law requires a criminal and juvenile matters resides in the county board. County mandate reliefs justice information policy group to “study In addition, the law extends a sunset date for A variety of health and human services the feasibility of collecting and reporting the Victory Memorial Drive Historic District county mandate reliefs and provisions on how summary data relating to the decisions that Task Force by two years to Dec. 31, 2011. counties cremate and bury those on public affect a child’s status within the juvenile justice HF940/SF729*/CH50 assistance are included in a new law. system.” A report is due to the Legislature by — N. Bu s s e Sponsored by Rep. Kim Norton (DFL- Feb. 15, 2010. Rochester) and Sen. Ann Lynch (DFL- Rep. Debra Hilstrom (DFL-Brooklyn Child welfare policy changes Rochester), the law includes changes to Center), who sponsors the law with Sen. Mee Improving outcomes for children and residential treatment centers, cremation and Moua (DFL-St. Paul), said current data is families by making changes to American burial of public assistance recipients. not collected in a uniform way resulting in it Indian child welfare, child protection and The law allows families to place their children not being very useful. The study will look at out-of-home placement is the goal of a new in treatment centers across state lines if they are ways to make collection more uniform so that law. closer than an in-state institution, with counties better decisions can be made on how to use Sponsored by Rep. Larry Hosch (DFL-St. responsible for the costs. A county board can criminal justice resources with juveniles. Joseph) and Sen. Patricia Torres Ray (DFL- determine the appropriate level of care when The study must consider data to be collected, Mpls), the law makes changes to conform with county funds are used to pay for services. such as age, race, gender, criminal charge and the federal Fostering Connections to Success Upon their death, any person receiving county of residence; the decision points at and Increasing Adoptions Act of 2008. public assistance through the Minnesota which data must be collected; criminal and According to the Human Services Family Investment Program can be cremated juvenile justice agencies required to supply Department, the law clarifies the roles and by the county. However, the county must data; the repository for data; level of summary responsibilities for tribal agencies that choose attempt to contact the decedent’s spouse or analysis; frequency of reporting; plan to to establish a panel to review child fatalities next of kin. If a faith tradition is unknown, implement data collection, reporting and and near fatalities on the reservation. It also the county may cremate the body. analysis; and costs. clarifies mental health screenings for children Home health aide qualifications are

18 Session Weekly May 29, 2009 changed to include that a person may perform Licensing, background changes changes if the change is known early enough aide tasks if the person maintains current Technical changes to human services to allow counties time to adjust their budgets. registration as a nursing assistant on the licensing programs and background study If a county doesn’t comply with the changes, Minnesota nursing assistant registry. requirements are included in a new law. the commissioner can approve a corrective Other provisions include changes to day Sponsored by Rep. Jim Abeler (R-Anoka) action plan for the county. training and habilitation alternative inspection and Sen. Tony Lourey (DFL-Kerrick), the Other clarifying provisions include requests and changes to a mailing notice from law makes technical changes to licensing definitions of an adult mental health a juvenile’s probation officer to a school. requirements for respiratory therapists and rehabilitation worker, community health Most of the law takes effect Aug 1, 2009. massage therapists, inspections for day worker and mental health behavioral aide HF1276*/SF986/CH174 training and habilitation programs, and services.

— P. Os t b e r g training about sudden infant death syndrome HF1708/SF1504*/CH167

for child care providers. — P. Os t b e r g Medical Assistance expanded Under the law, licensed child care programs Fetal alcohol spectrum disorder will be must conduct a background study on former Parental fees clarified added to the list of related conditions that employees wanting to return to work that Parental fees paid for services for persons qualify for Medical Assistance under disabled have been absent 45 or more consecutive with developmental disabilities will be eligible children’s services. days, and persons having no direct contact for inclusion as part of an employer’s health Sponsored by Rep. Larry Hosch (DFL-St. for more than 45 consecutive days must have care flexible spending account. Joseph) and Sen. Ann Lynch (DFL-Rochester), a new background check before returning Sponsored by Rep. Patti Fritz (DFL- the law, effective Aug. 1, 2009, adds the disorder to a position of providing direct contact Faribault) and Sen. John Marty (DFL- to the list of others currently defined as related services. Roseville), the law is a clarification requested conditions, such as cerebral palsy, epilepsy, The human services commissioner will be by the Human Services and Employment and autism and Prader-Willi syndrome. permitted to conduct background checks on Economic Development departments. The change will only qualify those if other persons between the ages of 13 and 23 living Under the law, all reimbursements must eligibility requirements are met and would in the homes of child care providers, and can include a notice that the amount is taxable bring more awareness to the condition, Hosch review juvenile records. income if the parent paid for the fees through said. The law takes effect Aug. 1, 2009. an employer’s account, and parents are Sara Messelt, executive director of the HF1750/SF1447*/CH142 responsible for paying taxes on the amount Minnesota Organization on Fetal Alcohol — P. Os t b e r g reimbursed. Syndrome, said it would give credibility to The law takes effect July 1, 2009. those with FASD and would cause social Mental health changes HF266/SF711*/CH145 workers to give it a second look as a disability. Some adult and child mental health policies — P. Os t b e r g About 8,500 babies a year are born in in the Human Services Department are Minnesota with the incurable disorder, she changed under a new law. Using vouchers for organics said. Sponsored by Rep. Larry Hosch (DFL-St. Vouchers for the special supplemental HF581/SF501*/CH147 Joseph) and Sen. Linda Berglin (DFL-Mpls), program for Women, Infants and Children — P. Os t b e r g the new law modifies statutes related to drug can be used to purchase organic foods. and alcohol counselor licensure and county Sponsored by Rep. Karen Clark (DFL- Foster care benefits extended maintenance of effort provisions, and clarifies Mpls) and Sen. Sharon Erickson Ropes Children in foster care who are nearing rate setting and reimbursement procedures (DFL-Winona), a new law requires the health their 18th birthday will have the option of for intensive residential treatment services commissioner to evaluate the list of WIC staying in foster care, if they feel they are not and certain community treatment. foods and add any organic foods determined yet ready to live on their own. The law takes effect Aug. 1, 2009, except to be cost-neutral. A new law sponsored by Rep. Jeff Hayden for the reimbursement procedures provision, “This is a matter of consumer choice,” Clark (DFL-Mpls) and Sen. John Marty (DFL- which is effective with services provided on or said. The cost of organic foods continues to go Roseville) requires social services agencies after Jan. 1, 2010, through Dec. 31, 2011. down, so they are more affordable, she said. to develop a plan with the child for their Under the law, a provision is removed Tom Petersen, chairman of the Organic vocational, educational and social needs. that would have sunset July 1, 2009. The Advisory Task Force, said the proposal is Agencies must also ensure that any foster care, provision provided for exceptions for drug one the task force has been working on housing or counseling benefits are consistent and alcohol counselors integrating dual- for a number of years. He said the state of with that plan. diagnosis treatment for adults in mental Washington has a similar program that allows Hayden said nearly 600 children leave health rehabilitative programs certified by the for the purchase of some fruits, vegetables, foster care each year when they reach age 18. department. breads, brown rice and legumes. However, studies have shown that most young How counties establish base level The law is effective May 21, 2009. adults are age 25 or older before becoming expenditures is included to simplify HF285/SF213*/CH114 self-sufficient, he said. Extending foster care administration and improve budgeting — P. Os t b e r g options until age 21 gives them “a place to predictability. The human services return for help when things go wrong and commissioner is instructed to use each Technical health policy changes unexpected supports go away.” county’s actual prior year revenues to adjust Technical clarifications to policies and The law takes effect Aug. 1, 2009. the county’s minimum required expenditures appropriations needed by the Human Services HF985/SF666*/CH106 for the coming year, and is permitted to use Department are included in a new law. — S. He g a r t y current information regarding major revenue Sponsored by Rep. Erin Murphy (DFL-St.

May 29, 2009 Session Weekly 19 Paul) and Sen. Linda Berglin (DFL-Mpls), families by geographic and demographic from an annual inspection requirement. the law corrects miscellaneous references characteristics, and numbers served plus those Also, the Department of Labor and Industry and updates state provisions to meet federal eligible who are not served. is directed to establish an advisory group to requirements. Other provisions allow the commissioner study existing rules and laws that relate to the One change includes limiting state payment to charge for development and operating costs maintenance and operation of special purpose rates for cesarean births and vaginal deliveries of county-initiated projects, such as those to lifts, hand elevators and manlifts in facilities to $3,528 for managed care and county-based facilitate more integrated services to clients not for public use, and report its findings to purchasing plans beginning Oct. 1, 2009. and create more efficient county workflow. the Legislature by Jan. 30, 2010. Another clarifies that a background study must Renewal of overpayment judgments for Rep. Al Juhnke (DFL-Willmar) and be completed on an individual before they certain programs is allowed, which is expected Sen. Rod Skoe (DFL-Clearbrook) sponsor begin performing services with direct contact to save county and court costs. the law. to seniors and individuals with disabilities. Foster care providers no longer need to be HF1813/SF1425*/CH76

Under the law, the human services re-licensed as adult foster care providers in — K. Be r g g r e n commissioner may develop “centers of order to obtain funding for a disabled child excellence” criteria to designate certain who has turned age 18. Insurance providers of care for those on Medicare. The HF1728*/SF1509/CH175 commissioner can then make coverage for — K. Be r g g r e n certain procedures conditional upon the Speeding up insurance claims facility providing the services and meeting Industry Let’s say you own a store and a fire destroys certain criteria. the building and your inventory. You have The law has various effective dates. insurance, but you may find you have to hire HF1988*/SF1924/CH173 Name-squatters lose their rights a lawyer to get them to pay up.

— P. Os t b e r g A business forgetting to file its annual A new law will allow for a 10 percent interest renewal with the Office of the Secretary of charge on the insurance proceeds calculated State system eases child care billing State could fall prey to name-stalkers or from the time the insured requests payment of A new law will help child care providers who name-squatters. These are people who seek the policy amount, plus reasonable attorney fees participate in the basic sliding fee program out business names that are not secured and and court costs. Effective Aug. 1, 2009, the law is to manage billing and payment through a try to squeeze the business owner for money sponsored by Rep. Joe Atkins (DFL-Inver Grove new automated system administered by the to get the name back. Heights) and Sen. Tom Bakk (DFL-Cook). Department of Human Services. A new law, sponsored by Rep. Jeremy Kalin Opponents say the legislation will increase Basic sliding fee child care assistance is (DFL-North Branch) and Sen. Rick Olseen insurance litigation costs and, in turn, increase highly valued by working parents who may (DFL-Harris), will make it a more difficult for insurance payments. Some say the law goes apply if they earn less than 47 percent of the people to “hop on the name … an unethical beyond similar regulations in other states. state’s median income and remain eligible practice,” Kalin said. The new law also clarifies the term and until earning up to 67 percent of the state’s Effective 30 days after the office certifies usage of “surviving spouse” as it relates to a median income. For example, a three-person it has systems in place to implement the business of a deceased professional who was household with $32,167 of annual income provisions, the office will automatically file the sole owner of a firm at the time of the could apply, and then remain on the program a name reservation to hold the name for professional’s death. until they earn $45,855. a period of one year from the date of the HF417*/SF528/CH148 The law, sponsored by Rep. Diane Loeffler business dissolution or termination if an — L. Sc h u t z (DFL-Mpls) and Sen. Patricia Torres Ray annual renewal has not been filed. (DFL-Mpls), makes several other technical The new law will also help the office Electronic data interchange changes and clarifications to existing law. upgrade its systems and practices. Primarily a Creating uniformity in health care insurance A change to eligibility requirements for technical law, there are two other provisions of billing is the focus of a new law. school readiness service agreements will allow note: eliminating the need for non-Minnesota Sponsored by Rep. Paul Thissen (DFL-Mpls) children to keep attending high-quality child businesses to file duplicate certificates from and Sen. Kevin Dahle (DFL-Northfield), the care programs even if their parents’ work other states, as this information is readily law requires the health and human services or other authorized activities dip below a accessible over the Internet; and strengthening commissioners along with the Minnesota 35-hour a week requirement during the first of the so-called bogus filing review act that Administrative Uniformity Committee to year. “The idea is to keep children in care was passed by the Legislature four years ago. study and recommend ways to simplify health on a continuous basis as long as possible to HF1532/SF1288*/CH98 care billing transactions through electronic help improve the outcome for those kids,” — L. Sc h u t z interchanges. said Cherie Kotilinek, child care assistance The study must include recommendations program manager with the department. Child Elevator inspection exemptions on establishing a single, standardized system care providers in the SRSA program receive Some elevators and lifts in nonprofit or for all group purchasers for transactions and a higher rate of reimbursement for providing nonpublic settings are temporarily exempted notifications; recommendations on technology certain early learning services. from annual safety inspections for an operating relationships regarding e-prescribing laws; The law also directs the State Advisory permit. ensuring any use of technologies among Council on Early Childhood Education Under a new law, effective May 13, 2009, providers and purchasers is consistent and Care to create an inventory of early through July 1, 2010, manlifts in grain with national standards; analysis of the childhood services. The inventory will elevators, feed mills, and elevators or platform readiness of providers and purchasers to identify programs serving children and their lifts for wheelchairs in churches are excluded implement technologies; and prioritizing the

20 Session Weekly May 29, 2009 LEGO Ca p i t o l

p h o t o b y t o m o l m s c h e i d Historical Society Site Guide Cindy Stephani tells a group of fifth graders from Tatanka Elementary School in Buffalo about the 6-by-4-by-3 LEGO Capitol that was on display May 26 at the Capitol. Built by LEGO Ambassador Roy Cook, the model took about 50 hours to plan and 100 hours to build using approximately 70,000 unaltered original size and color LEGO bricks. implementation of specific technologies. Lien, claims protection coroner to practice as an attorney. The law is effective Aug. 1, 2009. Individuals, other than a spouse, who Rep. John Lesch (DFL-St. Paul), who HF384*/SF704/CH155 have ownership in a property of a person sponsors the law with Sen. Ellen Anderson

— P. Os t b e r g who died in a nursing home and was on (DFL-St. Paul), said it allows deputy sheriffs Medical Assistance will have lien and claims to practice law outside their jurisdiction for Law protection, under a new law. cases that do not affect them in their deputy Sponsored by Rep. Paul Thissen (DFL- sheriff job. Violation of the law will be a petty Mpls) and Sen. D. Scott Dibble (DFL-Mpls), misdemeanor. Greater attorney fee awards the law requires an approved hardship An assistant St. Paul city attorney, Lesch A new law could help people fight the waiver, and that an individual, other than the said he has sometimes provided services for state. recipient’s spouse, have ownership interest cases in other jurisdictions. Sponsored by Rep. Joe Mullery (DFL- in the property and also have occupied the HF348*/SF297/CH118

Mpls) and Sen. Don Betzold (DFL-Fridley), property for at least 180 days before the date — M. Co o k it eliminates a per-hour cap on an award of of the decedent’s death. attorney’s or agents fees in a civil action or If the property is a homestead, Medical Local Government contested case where the state is a party. The Assistance claims can only be made after the law takes effect Aug. 1, 2009. individual no longer resides in the property Under current law when a court finds the or until it’s sold or transferred. Sanitary district dissolution state is not justified in bringing forth an action, The law is effective Aug. 1, 2009. The Central Lakes Regional Sanitary the defendant is entitled to an award of attorney HF1482/SF1208*/CH160 District will be allowed to dissolve. fees and expenses. However, the $125 hourly Established in 2003, the district was to — P. Os t b e r g cap, established in 1986, is still in statute. construct a wastewater collection system Supporters said it is hard to get good legal Deputy sheriffs can practice law spanning several townships in north-central representation at that limited price. Deputy sheriffs will be able to provide a Minnesota; however, it ran into a number The law will allow a judge to issue a different kind of legal service. of problems, including opposition from reasonable award based on the prevailing Effective Aug. 1, 2009, a new law removes residents. It now plans to dissolve. market rate for the kind and quality of service a prohibition of a deputy sheriff practicing Rep. Torrey Westrom (R-Elbow Lake) and received by the defense. law, provided the deputy has the appointing Sen. Bill Ingebrigtsen (R-Alexandria) sponsor HF1529*/SF798/CH125 sheriff’s approval. The law also permits a a new law that clarifies statutes so that the — M. Co o k district has a path to dissolution. It takes effect

May 29, 2009 Session Weekly 21 upon approval by the affected townships. A new law is designed to address the what state mandates could be removed to HF1501/SF1489*/CH44 longstanding problem of DNR shoreland help cities and counties cope with budget

— N. Bu s s e regulations preventing owners of property shortfalls. on legal nonconforming lots from selling A number of statutory requirements are Iron Range sewer district or otherwise using their land as they see eliminated in the law, including minimum After a series of mishaps that delayed fit. Rep. Mike Nelson (DFL-Brooklyn Park) salary mandates for local officials. These its creation for several years, the Central and Sen. Ann Rest (DFL-New Hope) are the include: Iron Range Sanitary Sewer District will be sponsors. • counties with populations under 75,000 no established. Local governments are responsible for longer have to abide by outdated minimum The district, which will manage the implementing DNR shoreland management salary requirements for auditors, treasurers, wastewater needs of a group of cities and standards designed to protect the water recorders and sheriffs; townships northeast of Hibbing, was quality of lakes and other environmental • county boards will have the ability to reduce originally authorized in 2002; however, a factors. These rules can negatively impact commissioners’ salaries at any time; and series of errors in the original and subsequent owners of properties that were legally built but • cities with populations under 100,000 will be legislation, as well as local problems, delayed that no longer conform to current shoreland able to temporarily reduce salaries of mem- its implementation. regulations. bers of their governing bodies at any time. A new law sponsored by House Majority The new law establishes shoreland rules The law includes provisions to simplify Leader Tony Sertich (DFL-Chisholm) and based on a 2008 compromise reached by a local governments’ compliance with agency Sen. David Tomassoni (DFL-Chisholm) working group comprised of DNR officials, rulemaking authority. State agencies proposing will fix all the errors, authorize the district local governments, realtors and others. rule changes must determine whether local retroactively from Dec. 27, 2003, and set up Contiguous nonconforming lots under ordinances will have to be adopted or amended governance and operational requirements. common ownership can be sold or purchased to comply with the proposed rule. If so, then Effective May 21, 2009, a provision in the individually, as long as each had a habitable the rule cannot become effective until the next law changes the recipient of a $2.5 million residential dwelling when it came under July 1 or Jan. 1 after its adoption. appropriation for mercury treatment facilities common ownership, under the law. This A change effective July 31, 2009, allows that was made in the 2006 bonding law from addresses a problem of owners of two adjacent deputy registrars to collect a surcharge on the district to the city of Hibbing. It also properties being prevented from selling one vehicle-related filing fees paid for with credit specifies that the money is not available until of them. or debit cards. The surcharge must not exceed an equal amount is committed from other A provision in the law addresses problems the cost of processing the credit or debit sources. faced when buildings on nonconforming transaction. HF17/SF79*/CH122 shoreline lots are damaged to the extent of Other provisions in the law include:

— N. Bu s s e more than 50 percent of their market value. If • specifying that a county or town that has the lot has less than 50 percent of the required accepted responsibility for an abandoned Redwood County pavilion to expand setback from water, the law states that the cemetery may prohibit further burials and Redwood County residents will have more setback may be increased if reasonable and cease acceptance of responsibility for new space for their summertime class reunions, practicable conditions may be placed on the burials; wedding receptions and church picnics. zoning or building permit to mitigate impacts • doubling the annual threshold for mu- House Minority Leader Marty Seifert on the adjacent property or water body. nicipalities to report to the Department of (R-Marshall) and Sen. Dennis Frederickson Other provisions in the law include: Labor and Industry on fees collected from (R-New Ulm) sponsor a new law that allows • allowing building on nonconforming lots developers, builders and subcontractors to the upgrade of a popular picnic shelter to without variances from lot size require- $10,000; accommodate larger groups. Visitor numbers ments, under certain conditions; • increasing from $300 to $2,000 the thresh- to the site and its surrounding grounds of • specifying that lots that meet certain re- old for which itemized accounts, claims or the historic Gilfillan Estate have more than quirements are treated as separate parcels demands allowed by a county board must doubled in the past decade. of land even if they are under common be published in the local newspaper; The law, effective May 21, 2009, will allow ownership; and • allowing townships to recover the full cost an exemption to the state building code so the • requiring property owners to address of employing “fence viewers” to help settle pavilion can be remodeled without a costly water and environmental issues when private land disputes; and sprinkler system that would ordinarily be applying for a variance, zoning or building • striking a cap on booking fees charged to required by state code. The county has raised permit. jailed individuals and allowing counties to $150,000 in private funds and sought no The law is effective May 22, 2009. recover the actual costs of booking. additional funding, but only a code exemption HF519*/SF747/CH149 HF1849*/SF1544/CH152 to save it the $75,000 sprinkler system price — N. Bu s s e — N. Bu s s e tag. HF1946/SF1477*/CH146 Local government mandate relief Minnesota River Board reorganizes

— K. Be r g g r e n Local governments will receive less money The former Minnesota River Basin Joint from the state this year; however, they will Powers Board is renamed as the Minnesota Shoreland regulation changes also have fewer state mandates to fund. River Board and its purpose, duties and An issue that has spawned decades’ worth Sponsored by Rep. Mike Nelson (DFL- membership are expected to change under a of disputes among property owners, local Brooklyn Park) and Sen. Ann Rest (DFL-New new law. governments and the Department of Natural Hope), a new law is the result of legislative Rep. Terry Morrow (DFL-St. Peter) and Sen. Resources might finally be resolved. hearings held early in session to determine Dennis Frederickson (R-New Ulm) sponsor

22 Session Weekly May 29, 2009 the law, which is effective May 8, 2009. public employment. The new law will make Safety The board was established in 1995 as a joint the definition consistent. powers board comprised of counties for the Sponsored by Rep. Rob Eastlund (R-Isanti) purpose of improving and protecting water and Sen. Tarryl Clark (DFL-St. Cloud), the Restraint required for young riders quality in the Minnesota River Basin. Proposed law is effective May 17, 2009, and applies to Minnesota has joined 44 other states in reorganization plans include collaboration National Guard members and United States implementing a supplemental child restraint with the Water Resources Center at Minnesota armed forces reservists serving in the active law. State University, Mankato and the creation of military on or after that day. Effective July 1, 2009, youth in a motor an advisory committee to serve as a forum for HF1127/SF1794*/CH84 vehicle must be in a child passenger restraint issues the board should address. The committee — L. Sc h u t z system until their eighth birthday or they must convene prior to Dec. 31, 2009. reach 4 feet 9 inches tall. Comprised of representatives from the 12 Retirement Rep. Melissa Hortman (DFL-Brooklyn major watersheds in the area, the board will Park), who sponsors the law with Sen. Jim be required to compile and submit reports to Carlson (DFL-Eagan), said that an improperly the Legislature about the results and progress Public pension plan changes fitted adult safety belt could cause the lap belt to of water cleanup efforts within the basin. Retirement plans for various public ride up over the stomach and the shoulder belt HF955/SF275*/CH49 employees will undergo a series of to cut across the neck. If the shoulder strap is

— S. He g a r t y administrative changes, under a new law. uncomfortable, children often place it behind Sponsored by Rep. Mary Murphy (DFL- their back, further defeating the safety benefits Sewage system regulations modified Hermantown) and Sen. Don Betzold (DFL- of the system. A backless booster seat, which Home sellers with subsurface sewage Fridley), the law enacts modifications raises a child so the belt properly goes across treatment systems are subject to a new recommended by the Legislative Commission the shoulders and hips, costs less than $20. disclosure law that takes effect Aug. 1, on Pensions and Retirement. These include: Violation of the law will be a petty 2009. Sellers must tell buyers any pertinent • technical changes to disability benefit misdemeanor, with the driver fined up to information related to the sewage treatment programs for state employees, including $50. However, the fine will be waived if within system and must provide a copy of a previous allowing disability benefit applications to 14 days the operator proves he or she has inspection report, if available. be filed 18 months rather than six months purchased a system for use. A peace officer is Systems will also be subject to a local after termination of service; permitted to provide information to a violator government inspection when adding a bedroom • permitting the Minnesota State Colleges on obtaining a free or low-cost child passenger onto a residence. The inspection requirement and Universities system to establish an restraint system. will no longer be satisfied by the installer early separation incentive program for its The law should also get the state some providing video, electronic, photographic or employees, and also permitting MnSCU federal funds because the National Highway other evidence of compliance. faculty a second opportunity to elect Traffic Safety Administration awards incentive Local governments can also adopt new Teachers Retirement Association coverage funds for child passenger safety activities to rules for anyone who abandons all or part of within one year of achieving tenure; and a subsurface sewage treatment system. • establishing a voluntary statewide lump- The new law, sponsored by Rep. Jeanne sum volunteer firefighter retirement plan Poppe (DFL-Austin) and Sen. Lisa Fobbe through the Public Employees Retirement (DFL-Zimmerman), also strengthens penalties Association, and an associated retirement for installers who engage in illegal activities. fund to be invested by the State Board of HF1275*/SF1449/CH109 Investment. The legislation originally included — S. He g a r t y provisions that would have increased teachers’ pension contributions to address deficiencies Military in several pension funds; however, the provisions were removed over concerns that Calculating pay differential Gov. Tim Pawlenty opposed the changes and Terms a nd acrony ms used by t he mi litar y a nd would veto the bill if they were included. the public sector can differ in interpretation. “We are pushing this issue down the road, For instance, a law relating to pay calculations and it’s a huge mistake and it’s going to haunt for those having to temporarily leave a school us,” said Rep. Paul Thissen (DFL-Mpls). position for active duty has caused some Most of the law takes effect either May 23, problems. 2009, or the first day of the first full payroll By deleting the term “basic” and substituting period commencing after final enactment. “base,” a new law will help clarify what is HF723/SF191*/CH169 meant by “daily rate of pay,” for calculating — N. Bu s s e pay differential. When someone working in the private sector is called up to active duty, the public To find out who represents you at the Capitol . . . p h o t o b y t o m o l m s c h e i d employment entity (such as a school) fills the Call House Public Information Services A new law requires children under age 8 or less financial gap, if the person’s military pay is at 651-296-2146 or 800-657-3550 than 4 feet 9 inches tall to be in a child passenger less than what they receive from their civil restraint system when in a motor vehicle

May 29, 2009 Session Weekly 23 states that enact a qualifying child restraint the Capitol grounds will be flown at half-staff. • commits a person under the civil law. According to the Minnesota Fallen commitment law as being mentally ill, HF267/SF99*/CH82 Firefighters Memorial Association, there developmentally disabled, mentally ill and

— M. Co o k have been 197 line-of-duty firefighter deaths dangerous or chemically dependent; in Minnesota, with the first being recorded in • determines in a criminal case that a person Bus crash reporting requirements 1881 in Minneapolis, and the most recent in is incompetent to stand trial or not guilty It is hoped a new law will never be used. 2008 in Pine City. by reason of mental illness; or Sponsored by Rep. Terry Morrow (DFL-St. Rep. Mike Obermueller (DFL-Eagan) • restores a person’s ability to possess a Peter) and Sen. Rick Olseen (DFL-Harris), and Sen. Jim Carlson (DFL-Eagan) sponsor firearm. the law expands a peace officer’s school bus the law, which takes effect Aug. 1, 2009. This provision takes effect July 1, 2010, to accident reporting requirements. HF422/SF237*/CH87 give the Bureau of Criminal Apprehension Effective Aug. 1, 2009, a peace officer — N. Bu s s e time to incorporate the requirements into its responding to an accident involving a school computer system. bus must report the accident to the state Teacher background checks clarified The law amends the delineation of those patrol if there is a fatality, there is bodily The Board of Teaching may now disclose ineligible to possess firearms, and it allows injury to a person who requires immediate to school boards or administrators more of a person to petition a court for the right medical attention or a vehicle involved suffers what’s included in a teacher’s disciplinary to possess a firearm, if a previous judicial disabling damage. record, if one exists, and requires those hiring determination found them to be mentally In addition to conforming state school bus to ask for that information. ill, developmentally disabled, mentally ill crash inspection statutes to federal law, the law A new law requires candidates for a teaching and dangerous or chemically dependent. A simplifies reporting requirements because the position to provide information in their court can consider evidence from a doctor state has two standards, one for commercial employment application regarding any history or clinical psychologist that the person no vehicles and one for school bus inspections. of disciplinary actions by the board, or any longer suffers from the disease or it has been By aligning the two to treat all large-vehicle similar disciplinary history from other states. successfully treated for at least three years. crashes the same, Morrow said state patrol Those hiring must ask the candidates for that This section is effective Aug. 1, 2009. inspections will be more efficient, and the information. The federal government will make money state will comply with the definition of a The board is required to release data relating available for the state to input data into the reportable crash under the Federal Motor to the substance of the disciplinary action. system; however, it is contingent on legislative Carrier Safety Administration so that accurate This could include sexual misconduct or approval of program acceptance. reporting of trend data involving school bus attempted sexual misconduct, or misconduct HF954/SF722*/CH139 crashes will occur. School bus operators of another nature. It excludes failure to pay — M. Co o k testified in support of the law. court-ordered child support, spousal support HF668*/SF782/CH113 or delinquent state taxes. Licensing full-time firefighters

— M. Co o k Prospective teachers will also undergo a Some of the state’s first responders will need criminal history background check. to prove their aptitude. Drug testing change The law, sponsored by Rep. Karla Bigham Full-time firefighters hired on or after July A simple change in statute will allow certain (DFL-Cottage Grove) and Sen. Kathy Saltzman 1, 2011, will need a license, and volunteer state workers to receive required drug and (DFL-Woodbury), is effective May 20, 2009. and on-call firefighters will have the option alcohol testing from the federal government HF523*/SF402/CH115 of getting a license by following the same rather than the state. — K. Be r g g r e n requirements as full-time firefighters. Sponsored by Rep. Paul Rosenthal (DFL- To receive a three-year license, a person Edina) and Sen. Amy Koch (R-Buffalo), a new Gun background check conformity must demonstrate competency in fire law extends an exemption on drug and alcohol Minnesota will be in compliance with the prevention, fire suppression and hazardous testing currently applied to local governments National Instant Criminal Background Check material operations. A license will be renewed to include the state as well. The change will System. without testing, provided the firefighter had at allow state-employed drivers with commercial According to the Federal Bureau of least 72 hours of training during the previous licenses to be covered by federal regulations Investigation, “NICS is used by Federal three years. Grandfathered provisions would instead of state regulations. Firearms Licensees (FFLs) to instantly exempt the approximately 2,000 current full- “This relieves the pressure on our determine whether a prospective buyer is time firefighters. administration, and also keeps in place appeal eligible to buy firearms or explosives. Before To ensure there is no fiscal impact to the processes for employees,” Rosenthal said. ringing up the sale, cashiers call in a check state, a $75 fee is established for the original The law takes effect Aug. 1, 2009. to the FBI or to other designated agencies to license and each renewal. HF1820/SF1172*/CH55 ensure that each customer does not have a The new law calls for the Board of

— N. Bu s s e criminal record or isn’t otherwise ineligible Firefighter Training and Education to to make a purchase. More than 100 million appoint an accredited organization to prepare Fallen Firefighters Memorial Day such checks have been made in the last decade, and administer firefighter certification Firefighters who have lost their lives in leading to more than 700,000 denials.” examinations. the line of duty now have their own day of Sponsored by Rep. John Lesch (DFL-St. Rep. Joe Atkins (DFL-Inver Grove Heights) remembrance in Minnesota. Paul) and Sen. Ken Kelash (DFL-Mpls), the and Sen. Ann Rest (DFL-New Hope) sponsor A new law designates the first Sunday in law requires a court to ensure that information the law. October as Fallen Firefighters Memorial Day. On is transmitted as soon as possible to the federal An amendment successfully added by Rep. that day, each U.S. flag and Minnesota flag on system when it: Larry Howes (R-Walker) provides a two-

24 Session Weekly May 29, 2009 week window between Oct. 1, 2009, and Oct. government may be backing off on some some criminal activity, the law provides the 15, 2009, for people to apply for a restricted requirements. courts an overall biennial funding decrease of master plumber license. He said the previous In an effort to compromise after vetoing less than 1 percent, but some of that is to be window to apply for a license was limited, the 2008 bill, Gov. Tim Pawlenty issued an offset by $41 million in fee increases. forcing many people to miss the application executive order that would prevent state Among the increases are: opportunity. compliance before June 1, 2009, unless • initial filing fee in a district court civil HF1805/SF1219*/CH153 legislative approval is first given. He hoped action ($240 to $310);

— M. Co o k the time would allow all sides to reach a • initial filing fee in a marriage dissolution compromise on issues such as federal funding, action ($270 to $340); Mental health 911 assistance privacy and state control. • jury demand fee ($75 to $100); When someone calls 911 it is usually for HF988*/SF738/CH92 • motion fees ($55 to $100); police, fire or ambulance service. — M. Co o k • subpoena issuance ($12 to $16); Beginning Aug. 1, 2009, mental health crisis • depositing a will ($20 to $27); teams will be added to the list of emergency Public safety and courts • filing fee in conciliation court ($50 to $65); 911 responders, where available. A strategic approach to preserving public and Supporters said there is not one number safety still means a $61 million cut in public • filing fee for an appeal ($500 to $550). to call when someone is having a mental safety and courts funding. Other court provisions include: an increase health crisis and is in need of help, and that Gov. Tim Pawlenty is OK with that. from $4 to $12 in the surcharge attached to mobile crisis teams can assess a situation A new law, mostly effective July 1, 2009, parking violations; an increase of the attorney and provide cost-effective ways to stabilize contains reforms for the court system and registration fee to $75 to help fund public the individual, including a referral to mental Corrections and Public Safety departments. defenders; the public defender co-pay is health centers, clinics or crisis homes. They Rep. Michael Paymar (DFL-St. Paul) and increased from $28 to $75 (it can be waived said a collaboration that now exists in Grand Sen. Linda Higgins (DFL-Mpls) sponsor by the court); referees can serve as judges of Rapids has resulted in a crisis team and the $2.02 billion law, including $1.81 billion conciliation court in all judicial districts; police dispatched for all behavioral health allocated from the General Fund, to cover a transfer of money from local drug abuse emergency calls. courts, human rights, victim services and prevention programs to juvenile drug court Rep. Joe Mullery (DFL-Mpls) and Sen. Tom public safety and other programming. programs; and an annual 10 percent interest Saxhaug (DFL-Grand Rapids) sponsor the Unlike most state agencies and departments rate must be put on a judgment or an award law. that face a biennial funding decrease, the over $50,000. HF448/SF707*/CH128 Corrections Department will receive a The law also:

— M. Co o k $3.6 million base bump, although the governor • ensures that five victim’s services programs sought more. administered by the Office of Justice Pro- Saying no to REAL ID To help with department efficiencies, the grams must not be reduced by more than 3 Civil liberties and privacy issues versus law requires at least a 1 percent per diem percent from last year’s biennium funding; national security and federal accessibility are decrease, or 89 cents per day per prisoner. • judges can waive the mandatory minimum at the heart of a new law, the provisions of Additional per diem savings are to be put sentence for a fifth-degree controlled sub- which were vetoed 12 months earlier. toward treatment beds. A list is included of stance crime in certain circumstances; Effective May 16, 2009, the law prevents the potential ways the department can cut costs, • counties can develop a revocation center Department of Public Safety from taking any and a task force will be established to look at pilot project to house offenders facing steps to implement or plan for implementation how the department can improve efficiencies. probation revocation, rather than sending of the federal REAL ID Act of 2005. Rep. The law requires a 20 percent reduction them to prison; Carlos Mariani (DFL-St. Paul) and Sen. in the department’s car fleet — more than • a 90-day incarceration cap will be placed on Warren Limmer (R-Maple Grove) sponsor 750 now — by Jan. 1, 2010. a first-time supervised release violator fol- the law. The short-term offender program that lowing a revocation of supervised release; A recommendation by the 9/11 Commission, allows offenders with less than six months and the act’s goal is to create uniform standards for remaining on their sentence to serve that time • by Jan. 1, 2010, the Public Safety Depart- documents such as driver’s licenses and state in a local jail is eliminated, effective with those ment is to reduce its non-investigative car identification cards, making them harder to sentenced on or after July 1, 2009, meaning fleet by at least 5 percent. This excludes the forge, and thereby reducing identity fraud and no state inmates should be in local facilities state patrol. tightening immigration standards. after Dec. 31, 2009. The problem was that state HF1657/SF802*/CH83 States have called the act an unfunded funding was not close to county costs, thereby — M. Co o k mandate, and supporters have questioned putting the onus on local taxpayers. the security associated with the plan and have All Challenge Incarceration Program Safe at Home is more secure concerns with data privacy issues. beds must be filled, and the department is A program that keeps abuse victims safe Residents of states that do not adopt the required to put an eligible offender’s name on will make them even safer. federal standards by the end of this year would a waiting list and to offer the person a chance Safe at Home, an address confidentiality not be able to use their license or identification to participate when space becomes available if program administered by the Office of the cards for federal purposes, such as boarding there was insufficient space when the person Secretary of State, provides extra security for commercial aircraft or entering a federal originally became eligible. The list of those approximately 226 participants. It provides a building. However, supporters say this is ineligible to participate is expanded. mail forwarding service, whereby participants unconstitutional. Mariani said 12 other states After lawmakers heard about potentially receive a mailing address to use and their have passed similar laws, and that the federal reducing services and hours or not charging correspondence is forwarded to their actual

May 29, 2009 Session Weekly 25 mailing address, which is not disclosed. government services online. Sponsored by Rep. Steve Simon (DFL-St. Pe a c e v i g i l A new law will establish accessibility Louis Park) and Sen. Mee Moua (DFL-St. standards for state information technology, Paul), a new law, effective May 20, 2009, states and require state agencies to consider that sex offenders cannot be in the program, accessibility when purchasing new software, and it supersedes local ordinances that require hardware and other technological upgrades. a person to post their name outside of an Sponsored by Rep. Bill Hilty (DFL- apartment building where they reside. In some Finlayson) and Sen. Ann Rest (DFL-New buildings, a listing in the entryway contains Hope), the law is designed to make it easier for each tenant’s name and apartment number. deaf, blind and hard-of-hearing Minnesotans According to its Web site, “The intent of to access state Web sites, documents and other Safe at Home is to allow its participants to information. go about their lives, interacting with public The law directs the Office of Enterprise and private entities, without leaving traces of Technology to develop a set of accessibility and where they really live in an attempt to keep usability standards for state information systems. their abuser from locating them.” It also sets up an advisory committee made up HF1677*/SF1452/CH105 of 10 representatives from various areas of state

— M. Co o k government to review accessibility standards and recommend any needed changes. Transport time Under the law, the office will require all Ambulances will have to transport patients state agencies to comply with the standards. with an obstructed airway to the nearest An exception is made if the office and the trauma hospital, when available. advisory committee determine that a standard Sponsored by Rep. Diane Loeffler (DFL- would result in an “undue burden to the state,” Mpls) and Sen. Linda Higgins (DFL-Mpls), in which case the burdensome standard may a new law states that if a trauma hospital is be modified. not within a 30-minute driving distance, the The law appropriates $300,000 in each year patient must be taken to the nearest hospital. of the 2010-2011 biennium from the state’s

In cases where the trauma patient’s p h o t o b y a n d r e w v o n b a n k telecommunications access fund, including: breathing is not impaired, the ambulance Members of the Bloomington Police • $100,000 each year to OET for coordinating must transport a patient to a Level I or II Department stand watch at the Peace technology accessibility and usability; trauma hospital within 30 minutes, or the Officer Memorial during the annual • $100,000 each year to the Commission nearest hospital if a trauma hospital is not Peace Officers Memorial Day observance on Deaf, DeafBlind and Hard of Hearing May 15. within the time frame. An ambulance service Minnesotans to provide information on medical director can require, however, a their Web site in American Sign Language person be sent to a higher-designated trauma between at-risk youth and trusted adults, and to provide technical assistance to state hospital. This portion of the law is effective intervene at the first signs a youth is at risk and agencies; and July 1, 2010. rehabilitate youth who have been involved in • $100,000 each year to the Legislative Coor- Under current law, a Level II trauma center violence. dinating Commission to provide captioning can’t be bypassed for a Level I, even if it’s closer. Under the law, one program must serve of live streaming of legislative sessions. The change allows flexibility in determining youth in Minneapolis, one in St. Paul and three A separate $276,000 appropriation of which care is more appropriate. others in Greater Minnesota communities. stimulus funds from the American Recovery The law also requires that the health The programs will work with schools to and Reinvestment Act of 2009 will go to OET commissioner, in consultation with the keep students engaged and help prepare them and the Department of Administration to help Emergency Medical Services Regulatory for higher education and job training, teach expand “employment outcomes” for people Board, emergency medical services and trauma self-respect and respect of others, provide with disabilities. hospitals, to provide quarterly updates to each mentorship and job placement, and parent The law takes effect July 1, 2009. regional trauma advisory council regarding and family intervention while teaching HF1744*/SF1600/CH131 major trauma scene ambulance transports. parenting skills. — N. Bu s s e This portion is effective Aug. 1, 2009. The programs are effective upon the HF1293/SF1217*/CH74 availability of funding to support the activities. Electric vehicle infrastructure — P. Os t b e r g The health commissioner is to assist in Too often state statute changes in reaction obtaining private, state or federal funding. to something. But a new law looks to future Youth violence prevention HF1328*/SF1235/CH156 transportation options by regulating electric vehicle infrastructure. Combating youth violence with a public — P. Os t b e r g health perspective is the focus of a new law. Sponsored by Rep. Frank Hornstein (DFL- Mpls) and Sen. D. Scott Dibble (DFL-Mpls), Sponsored by Rep. Paul Thissen (DFL- Technology Mpls) and Sen. John Marty (DFL-Roseville), it establishes various regulations related it requires the health commissioner to to electric vehicle infrastructure including collaborate with other departments to identify Making technology accessible preventing companies that create electric five community-based violence prevention People with visual or hearing disabilities vehicle infrastructure from being regulated programs that work to create connections may find it easier to access Minnesota as utilities and modifying the state building

26 Session Weekly May 29, 2009 code to accommodate electric vehicles. Hornstein said there has always been a Co n c e n t r a t i o n conundrum with electric cars: while the ability to produce them exists, there lacks much infrastructure to recharge them. The law also: • adds the new generation of electric vehicles to existing statute that deals with electric vehicles, plug-in cars and the like; • requires the Center for Sustainable Building Research at the University of Minnesota to add electric vehicle infrastructure to its ongoing research into sustainable building practices, including looking at energy use by electric vehicle charging infrastructure in or adjacent to buildings; and • requires the Department of Transporta- tion, as part of a current study, to study the impact of electric cars and the reduced revenue to fund roads, and make recom- mendations if any steps should be taken to mitigate the impacts. Because of its power source, electric cars do not contribute to the state’s gas tax revenues. Many of the definition changes are effective May 22, 2009; study language and utility regulation sections take effect Aug. 1, 2009. HF1250*/SF916/CH134

— M. Co o k

Transportation

Mini-truck usage, fines Generally sold as off-road vehicles for farms and construction sites, some people use fuel- efficient mini-trucks for other everyday needs, even though the vehicles are not allowed to be on roads. Law enforcement is concerned the p h o t o b y a n d r e w v o n b a n k approximately 2,200-pound vehicles, that Sophia Hayden, 7, works on an art project while her father, Rep. Jeff Hayden, resemble a pickup truck or van, don’t meet works to pass bills during a May 15 floor session. federal safety standards for highway use, nor do they meet federal emissions standards. Small cars, such as a Ford Focus or Honda This section of the law is effective Aug. 1, be fined $60. Two-thirds of the fine will be Civic, weigh in the 2,600-pound range. 2009, and expires on July 31, 2012. credited to the local unit of government and Sponsored by Rep. Brita Sailer (DFL-Park Those same effective dates apply to a one-third to the state’s General Fund. Rapids) and Sen. Dan Skogen (DFL-Hewitt), provision prohibiting law enforcement The administrative fine language takes a new law authorizes mini-truck operation agencies from mandating a quota for effect Aug. 1, 2009. on local streets and highways, under a special administrative citations. HF571/SF492*/CH158 permit issued by the local unit of government. The provision is part of HF1517/SF1894, — M. Co o k The special permit will be similar to what sponsored by Rep. Larry Hosch (DFL-St. is now provided for motorized golf carts and Joseph) and Sen. Tarryl Clark (DFL-St. Agency provisions modified certain all-terrain vehicles. Unlike operators Cloud). It allows peace officers to authorize A new law makes various Department of of golf carts and eligible all-terrain vehicles, administrative citations for certain traffic Transportation changes relating to filing mini-truck operators must have a driver’s violations. Hosch said more than 100 cities now highway surveys, state aid calculations and license and can drive the vehicle at night. use the practice with different enforcement plat requirements. The law also identifies required equipment and fine rules. Sponsored by Rep. Melissa Hortman (DFL- for mini-trucks operated under the special A person who commits an administrative Brooklyn Park) and Sen. Ann Rest (DFL- permit, including headlamps and taillights, violation — such as driving less than 10 mph New Hope), the so-called “housekeeping” turn signals, rear view mirrors, a windshield, over the speed limit, failure to yield, stop sign law requires the department to file the seatbelts and a parking brake. violations or equipment violations — will centerline of a trunk highway as part of the

May 29, 2009 Session Weekly 27 Override Inside and Outside the House Chamber

f the governor vetoes a bill (including a was one successful override of line-item line-item veto), that doesn’t necessarily vetoes. During his four-year term, 1999- mean the measure is dead. Despite the 2002, there were 15 override attempts — governor’s action, the Legislature can eight (excluding the line-item veto) were haveI the last word — it can override the successful. veto. It’s not easy, but with at least a two- After a successful override last year of thirds vote of the members in each house, Gov. Tim Pawlenty’s veto of the omnibus a vetoed bill can become law. transportation finance bill, the House was Veto override attempts are rare in our unsuccessful this year in its attempt to state’s legislative history and attempts to override the omnibus tax bill and to restore overturn line-item vetoes are even rarer. a line-item veto in the omnibus health and The first line-item override attempt human services finance law. occurred in January 1992, when the House unsuccessfully tried to override two of Gov. Information from the nonpartisan House Research Department and the Legislative Arne Carlson’s line-item vetoes. But during Reference Library. Gov. Jesse Ventura’s administration, there

p h o t o b y a n d r e w v o n b a n k Rep. Thomas Huntley makes a motion May 17 to override the governor’s line-item veto of provisions in the omnibus health and human services finance law.

p h o t o b y t o m o l m s c h e i d Rep. Karla Bigham wipes away tears as Rep. Roger Reinert gives an emotional speech encouraging members to override Gov. Tim Pawlenty’s line- p h o t o b y t o m o l m s c h e i d item veto of General Assistance Medical Care in Rep. Rod Hamilton looks up and tells observers in the House Gallery May 17 that the Legislature has to the omnibus health and human services finance set priorities, as members debated before unsuccessfully trying to override Gov. Tim Pawlenty’s line- law May 17. item veto of General Assistance Medical Care in the omnibus health and human services finance law.

28 Session Weekly May 29, 2009 p h o t o b y a n d r e w v o n b a n k Members of the faith, labor and nonprofit communities gather May 17 in front of the House Chamber for a rally to encourage legislators to override the governor’s veto of the omnibus tax bill.

p h o t o b y t o m o l m s c h e i d Holding her “Override” sign, Mary Kohls of Minneapolis joined several hundred people outside the House Chamber May 17 encouraging members to override Gov. Tim Pawlenty’s line-item veto of General Assistance Medical Care in the omnibus health and human services finance law. The House failed to override on a vote of 87-47.

p h o t o b y t o m o l m s c h e i d Five-year-old Ella Marie holds a sign outside the House Chamber p h o t o b y a n d r e w v o n b a n k May 17 as members debate Gov. Russ Scheidler rallies citizens with his guitar and Tim Pawlenty’s line-item veto of song, “King Tim”, during a May 17 gathering in the General Assistance Medical Care State Capitol encouraging legislators to override the funding. governor’s veto of the omnibus tax bill.

May 29, 2009 Session Weekly 29 permanent public record before it is moved. had to be stopped for another offense before speed limit by 10 mph when passing another The centerline is referenced in some older a no-seatbelt citation could be issued. vehicle going the same direction on a two- property records as a survey monument in The law, effective June 9, 2009, requires lane highway with a speed limit of at least the property description, and the department everyone in a passenger vehicle to wear a seat 55 mph. The provision comes from HF464/ believes it is important to officially record the belt, and extends the seat belt law to drivers and SF601, sponsored by Rep. Tom Rukavina existing line for cases where the centerline is passengers of commercial motor vehicles, type (DFL-Virginia) and Sen. David Tomassoni to be moved. III school buses and type III Head Start buses. (DFL-Chisholm). Three provisions related to primary seatbelt A $25 fine is to be assessed to the driver Three provisions related to primary seatbelt law are included to make it less restrictive: an for failure to wear a seatbelt, and the driver law are included in a MnDOT housekeeping exemption for newspaper delivery carriers, is subject to a $25 fine per violation for each law (HF878*/SF746/CH168): an exemption provides that only one surcharge can be unbuckled passenger under age 15. Passengers for newspaper delivery carriers; a provision applied per stop no matter how passengers are age 15 and above are subject to their own fine. that only one surcharge can be applied per unbuckled, and it names the primary seatbelt A violation will not appear on the person’s stop, no matter how many passengers are law the “Kathryn Swanson Seat Belt Safety driving record. unbuckled; and naming the law the “Kathryn Act.” The former director of the Office of Supporters of the primary seatbelt law say Swanson Seat Belt Safety Act.” The former Traffic Safety and seatbelt advocate, Swanson it is about saving lives, reducing injuries and director of the Office of Traffic Safety and died in February 2008 after a two-year battle saving significant hospital costs. Norton said seatbelt advocate, Swanson died in February with amyotrophic lateral sclerosis (ALS) at age children in a vehicle are restrained about 90 2008 after a two-year battle with amyotrophic 53. percent of the time when a driver buckles up, lateral sclerosis (ALS) at age 53. Representatives from MnDOT and the compared to 25 percent when a driver does HF108*/SF42/CH165

Public Safety Department are to study “the not fasten his or her seatbelt. — M. Co o k mandatory 24-hour use of vehicle lighting Opponents said the law eliminates personal by vehicles on public highways.” The study choice, can increase racial profiling and Keeping trucks off lift bridge is to include Canadian and European Union gives law enforcement another reason to pull An attempt to keep big trucks off an older experiences with a 24-hour display of vehicle someone over. bridge has been accomplished without directly lighting requirements. A report is due to the An estimated 87 percent of Minnesotans banning them from the span. Legislature by Jan. 15, 2011. now wear a seatbelt during daytime hours, Sponsored by Rep. Matt Dean (R-Dellwood) The law also clarifies calculations used to with fewer doing so at night. Supporters think and Sen. Ray Vandeveer (R-Forest Lake), the allocate state-aid dollars to counties, so that the law will increase compliance to 93 percent law prohibits motor vehicle combinations longer projects funded from the state park road or 95 percent. than 55 feet from using Highway 36 between account do not count against money needs Norton said passage of the law puts Highway 95 and the Stillwater Lift Bridge. for the county. State law directs MnDOT Minnesota in line for $3.4 million from the Emergency vehicles, vehicles needed for work to do this, but it is not followed in current federal government for transportation safety on the section of highway or the bridge and practice. programs. vehicles carrying an oversize permit are exempt Cities with less than 5,000 people are The law also permits a driver to exceed the from the law that takes effect the day signs are allowed to arrange a special census for erected giving notice of the prohibition. purposes of determining municipal state-aid. City officials initially wanted a weight It eliminates obsolete language on use of the restriction on the 1,000-foot long bridge, federal census to determine the population of but the change was made just for a highway a city. Previous language referred to the 1980 designation so as not to set a precedent census. for other bridges. However, the law will MnDOT is provided the ability to review likely keep dangerous trucks out of historic and comment on preliminary plat proposals downtown Stillwater. A saturation study abutting state rail bank corridors. Department found that many of the large, over-the-road officials hope it will help preserve and protect trucks stopped by law enforcement personnel such corridors for future uses. had major safety violations, and some were All provisions take effect Aug. 1, 2009, pulled from the road. Supporters said trucks except for language relating to a seatbelt are often driven through Stillwater to avoid requirement that takes effect June 9, 2009. an inspection station on Interstate 94. HF878*/SF746/CH168 A 2008 Department of Transportation — M. Co o k review found the bridge to be fracture-critical. A new span over the St. Croix River is expected Seatbelt use becomes mandatory to be open by 2016. Everybody in a motor vehicle will need The law states that by July 1, 2009, signs are to buckle up or they could be paying to be erected “at appropriate locations” giving financially. notice of the restriction. It will be requested Sponsored by Rep. Kim Norton (DFL- that Wisconsin officials do the same on their

Rochester) and Sen. Steve Murphy (DFL- p h o t o b y a n d r e w v o n b a n k side of the river. This section is effective May Red Wing), a new law makes failure to Rep. Kim Norton, House sponsor of the primary 22, 2009. wear a seatbelt a primary offense, thereby seatbelt law, gets a congratulatory hug from HF1204/SF1091*/CH144 allowing issuance of citations solely based Rep. Patti Fritz after the bill was passed May 18 — M. Co o k on a seatbelt violation. Previously, a person by the House.

30 Session Weekly May 29, 2009 VETOES

Budget said Rep. Ron Shimanski (R-Silver Lake). He In a veto message, Pawlenty objected to suggested schools teach the “Golden Rule” granting “special privileges” for caucus in the early grades to promote respectful attendees in three cities. He also wrote that the No need for ‘lights-on’ behavior. state “should not dictate additional mandates A so-called “lights-on bill” to keep Others noted that casualties can result from on businesses for what is a local issue.” government operating if session ended adults’ ignorance of how to handle bullies. HF300/SF284*/CH99 without any appropriations for state agencies “You can hardly pick up a magazine — N. Bu s s e wasn’t needed and therefore vetoed by Gov. these days without pictures of junior high Tim Pawlenty. students who have experienced (bullying) No notice for felons House Majority Leader Tony Sertich (DFL- or committed suicide because others don’t A proposal to help felons understand that Chisholm), the bill’s sponsor along with Senate recognize what bullying is,” said Rep. Sandra their voting rights have been restored after Majority Leader Larry Pogemiller (DFL- Peterson (DFL-New Hope). they serve out their sentence was nixed by Mpls), called it “an option of a last resort.” Davnie said research indicates that when Gov. Tim Pawlenty. When the bill was presented to the policies clearly identify the groups that could The governor vetoed the bill sponsored by governor in the session’s final week, there be targets, the policy is more likely to be better Rep. Bobby Joe Champion (DFL-Mpls) and was uncertainty over whether he would enact enforced. Sen. Mee Moua (DFL-St. Paul) that would any of the omnibus finance bills passed by the Pawlenty wrote that he agreed with have required the Corrections Department Legislature. This bill’s intent was to cap state the goal of the bill, adding that “bullying and court officials to ensure that people agency spending during fiscal year 2010 at the is a serious issue that must be vigilantly convicted of a felony are aware of their civil fiscal year 2009 spending level, if no budget monitored, prevented, and addressed by rights status. resolution was reached by the constitutional school administration and staff.” He has Under the proposed legislation, the Office deadline for adjournment. instructed the education commissioner to of the Secretary of State would develop a In his veto letter, Pawlenty wrote that the review the model policy required by state law publication regarding voting rights of those bill “overlaps with appropriations found in and to contact school districts “to ensure they who are convicted of a crime and provide it omnibus appropriation bills now signed into are meeting the requirements of Minnesota to corrections and court officials, who would law. As a result this bill is not needed.” law relating to intimidation and bullying” and then inform convicts of when their right to HFnone/SF2141*/CH100 to encourage them “to revisit” how policies are vote is taken away and when it is restored. — L. Sc h u t z enforced. Supporters said that some inmates are HF1198/SF971*/CH164 never informed of the restoration of their Education — K. Be r g g r e n rights upon discharge from prison. Although the information is included in a letter sent to Elections ex-offenders upon their release, many never Safe schools bill is not signed receive the notice because they are frequently A bill that would have strengthened schools’ moving and living temporarily with friends responsibility to intervene and prevent Precinct caucus changes vetoed and relatives. bullying was vetoed by Gov. Tim Pawlenty. When political parties in cities like In his veto message, Pawlenty stated the bill In his veto message, the governor called the Minneapolis and St. Paul hold precinct would have placed added mandates on state bill “duplicative of current law.” School boards caucuses in odd years to nominate mayoral and local governments at a time when the state are already required to adopt written sexual, candidates, they don’t have all the same is trying to reduce mandates, and also that religious and racial harassment and violence privileges that caucuses receive in even the purpose of the bill could be accomplished policies that conform to the Minnesota years. without statutory requirements. Human Rights Act. Sponsored by Rep. Jim Davnie (DFL- “Moreover,” the message states, “citizens Sponsored by Rep. Jim Davnie (DFL- Mpls) and Sen. Linda Higgins (DFL-Mpls), should bear some responsibility for being Mpls) and Sen. D. Scott Dibble (DFL-Mpls), a bill vetoed by Gov. Tim Pawlenty would informed about their own situations and the bill’s original version would have listed have allowed major political parties in rights.” characteristics of people who could be targets Minneapolis, St. Paul and Duluth to hold HF545/SF763*/CH116 of bullies, including disability, socioeconomic odd-year caucuses using the same privileges — N. Bu s s e status, sexual orientation, gender identity as even-year caucuses, including: or expression, or association with others • pre-empting certain school and govern- No automatic voter registration with those characteristics. It would have ment activities after 6 p.m. on caucus A proposal to make voter registration required school boards to provide training for nights; automatic for anyone who applies for a driver’s teachers about how to intervene and prevent • allowing employees to be absent from work license or other state-issued identification bullying, intimidation, violence and other to attend political caucuses; card did not meet the approval of Gov. Tim forms of harassment including by electronic • prohibiting school officials from denying Pawlenty. means such as social networking sites or text use of public school buildings for caucuses; The governor vetoed a bill sponsored by Rep. messaging. and Steve Simon (DFL-St. Louis Park) and Sen. “It would be unfortunate if we had adult • requiring public agencies to make their John Marty (DFL-Roseville) that would have staff in our school systems who turned a blind facilities available for holding a precinct changed Minnesota’s current system from an eye and didn’t defend our school children,” caucus. opt-in to an opt-out voter registration system.

May 29, 2009 Session Weekly 31 Ta x b i l l p r o t e s t

p h o t o b y t o m o l m s c h e i d Rep. Tom Emmer, second from right, speaks May 18 against the omnibus tax bill that was brought to the House floor during the last hour of the session. Other members waiting to speak include, from left, Rep. Pat Garofalo, Rep. Paul Kohls, Rep. Joyce Peppin, Rep. Kurt Zellers and Rep. Mark Buesgens. The bill was hurriedly passed by the House and Senate, but vetoed by the governor.

Currently those applying for state IDs can ask “registering to vote should be a voluntary, approval of Republican legislators. to be registered to vote at the same time; under intentional act.” The effort failed, however, and during the bill, this would have been automatic unless HF1053*/SF660/CH133 floor debate, House Republicans stated that someone asked not to be registered. — N. Bu s s e members of their caucus would not vote In addition, the bill contained a number for any elections bill that did not include a of provisions to keep voter rolls updated and Election changes vetoed photo ID requirement for voters. The photo check for persons who are ineligible to vote, Minnesota’s political primaries will ID measure is opposed by most Democrats as including: continue to be held in September. well as by the Office of the Secretary of State, • using data from the Department of Public Sponsored by Rep. Ryan Winkler (DFL- and was never included as part of the bill. Safety to check for any non-citizens listed Golden Valley) and Sen. Katie Sieben (DFL- In his veto letter, Pawlenty stated that he in the statewide voter registration system; Newport), Gov. Tim Pawlenty vetoed an would not sign a bill that did not have support • comparing voter rolls with Social Security omnibus elections bill that would have made from Republican lawmakers. databases to check for any deceased voters; a variety of mostly technical changes to the “Election laws set forth rules relating to the • requiring the Department of Corrections state’s election laws. fundamental right to vote and the government’s and the courts to update elections officials Among the more significant provisions administration of those rights,” Pawlenty on the convictions and civil rights statutes included in the bill, primary elections for wrote. “Omnibus election bills making changes of felons; and the state’s major political parties would have to our election process should be bipartisan. • forwarding information on name changes been held in August instead of September. Unfortunately, this bill fails that test.” from the courts system to the Office of the Other provisions included administrative HF1351/SF1331*/CH162 Secretary of State and to county auditors, changes requested by local governments, the — N. Bu s s e who would then notify individuals with Campaign Finance and Public Disclosure changed names that they have to re-register Board and the U.S. Department of Defense. Employment to vote. Previous versions of the bill included Pawlenty vetoed the bill, in part, he wrote, provisions such as online voter registration, because no Republican legislators voted for it. early voting and various absentee voting Calculating unemployment The veto letter states that changes to election reforms; however, these were removed by a The U.S. unemployment rate reached law “should be accomplished on a bipartisan conference committee in an effort to make 8.9 percent in April. But what if the real basis.” In addition, Pawlenty wrote that the bill non-controversial and court the percentage were nearly twice that much?

32 Session Weekly May 29, 2009 In fact, it is, depending on what measures are In his veto letter, Pawlenty said Minnesotans sentiments, stating the bill posed “serious used to calculate unemployment. According are already paying about $6 million in taxes a public safety and health risks. to the U.S. Bureau of Labor Statistics, the year to cities and counties for paint recycling “While I am very sympathetic to most comprehensive set of statistical measures programs. “I would be willing to consider those dealing with end-of-life illnesses available, put the actual unemployment rate legislation that creates an industry-managed and accompanying pain, I stand with law at 15.8 percent. paint collection and recycling program as long enforcement in opposition to this legislation,” Gov. Tim Pawlenty vetoed a bill that as the program clearly demonstrates taxpayers the governor wrote. would have ensured that the state’s official will not be paying for the same thing twice.” Noting that the U.S. Food and Drug unemployment estimates are always calculated Sponsored by Rep. Brita Sailer (DFL-Park Administration has not approved and does using the more comprehensive method. Rapids) and Sen. John Doll (DFL-Burnsville), not regulate medical marijuana, Pawlenty Sponsored by House Majority Leader Tony the goal of the legislation was to minimize the stated that the scientific evidence regarding Sertich (DFL-Chisholm) and Sen. D. Scott public’s involvement in managing leftover the benefits and risks of medical marijuana Dibble (DFL-Mpls), the legislation would paint. is “insufficient.” have asked the Department of Employment HF569/SF477*/CH121 HF292/SF97*/CH166 and Economic Development to use a method ­— S. He g a r t y — N. Bu s s e of calculation known as “U-6.” The U-6 calculation takes into account Health Housing people who are unemployed and no longer actively seeking work because of impediments like transportation issues or a lack of child Medical marijuana use vetoed No legal fees for warranty suit care, and also those who are working part- Terminally ill Minnesotans hoping to use Gov. Tim Pawlenty vetoed a bill that would time but who wish to work full-time. The medical marijuana to ease their pain will have have made homeowners who successfully sue a state’s current method of calculation, known to seek relief some other way. builder or contractor for a warranty violation as U-3, does not include these measures. Gov. Tim Pawlenty vetoed a measure that eligible to receive reasonable attorney fees and Sertich said the new method would allow would have allowed doctors to prescribe any other suit-related costs. DEED, which produces the state’s official labor medical marijuana to patients suffering “The availability of legal fees can prolong market information reports, to give lawmakers from certain terminal and debilitating litigation, and it does little to address the and others a clearer picture of the employment conditions. underlying issue of home defects,” Pawlenty situation in Minnesota. The bill would have Sponsored by Rep. Tom Rukavina (DFL- wrote in his veto letter. “Moreover, attorney’s allowed up to $120,000 from funds collected Virginia) and Sen. Steve Murphy (DFL-Red fees are typically available only in limited for unemployment insurance administration Wing), the bill would have made Minnesota the circumstances, and Minnesota should be to be used to implement the changes. 14th state to allow medical use of marijuana. careful not to overreach in that regard.” In his veto letter, the governor called the A regulatory process would have been set up Supporters said that builders, contractors U-6 measure “relatively obscure.” He noted through the Health Department, requiring and their insurance companies often drag that only two other states use it, and that patients to possess special photo identification out a case, hoping a homeowner will exhaust neither of them releases the information cards and providing for licensing of marijuana their financial resources and settle for less publicly, in part because they want to “avoid dispensaries. than needed to repair their home. misleading comparisons with other states.” The bill passed the House and Senate The bill also would have required HF925*/SF1368/CH135 with bipartisan support — and bipartisan the commerce and labor and industry

— N. Bu s s e opposition — following a series of committee commissioners to work with interested parties hearings earlier in the session where advocates to review homeowner warranty statutes and for medical marijuana pressed their case by find ways to make such agreements more Environment emphasizing the benefits to cancer patients effective for all parties and report to the and others. Survivors of cancer victims Legislature. Among the parties that would have House paint pilot project vetoed gave testimony that marijuana — obtained been consulted are the construction section of For the second consecutive year, a product illegally — was the only thing that increased the Minnesota State Bar Association, Builders stewardship plan to charge consumers a the quality of life for their loved ones during Association of Minnesota, Association of recycling fee on house paint fell under Gov. their final days and weeks. General Contractors and homeowner and Tim Pawlenty’s veto pen. The bill included a sunset date of Oct. 1, consumer representatives. The pilot project would have allowed 2011. This was a concession made in an attempt “I support provisions in the bill that would participating retailers to charge up to 35 cents to assuage concerns from law enforcement. bring interested parties together to develop a on each paint container sold at the point of According to Rukavina, the proposal would timely and prescriptive process for resolving purchase until June 30, 2012. The revenue have been much more restrictive than medical homeowner warranty disputes without would have been used to pay for a statewide marijuana laws in other states. litigation,” Pawlenty wrote. “My administration recycling program administered by a new Opponents of the measure cited widespread will move forward with that process even nonprofit organization comprised of paint opposition from the law enforcement though this legislation was vetoed.” manufacturers and retailers. community, who expressed concerns about Rep. Marsha Swails (DFL-Woodbury) In liquid form, paint is considered hazardous whether it would increase the street availability and Sen. Kathy Saltzman (DFL-Woodbury) waste and may not be thrown away with of marijuana. Many argued it would also send sponsor the bill. household trash. Most cities and counties the wrong message to young people about the HF211*/SF170/CH136 accept leftover paint at local government potential dangers of using marijuana. — M. Co o k recycling centers. In his veto letter, Pawlenty echoed these

May 29, 2009 Session Weekly 33 Rent control changes vetoed continued, “a homeowner is entitled to receive borrowers from predatory lending practices, Legislation intended to help cities enforce ‘the amount necessary to remedy the breach of but thinks the legislation could have triggered rent-control provisions in subsidized the warranty’ or ‘the difference between the unintended consequences and increased costs housing agreements was vetoed by Gov. Tim value of the house without defect.’ Current to consumers. He singled out a “suitability” Pawlenty. law provides adequate reconciliation for the requirement that would have required lenders Sponsored by Rep. Carlos Mariani (DFL-St. homeowner where there has been a violation to make a determination about whether a Paul) and Sen. John Marty (DFL-Roseville), of a warranty.” reverse mortgage is suitable for a particular the bill would have clarified that cities have HF239*/SF6/CH103 borrower, as not being clearly defined. the right to enforce contracts with property — K. Be r g g r e n “The suitability criteria in the bill should be owners who agree not to raise rents in clear and specific,” he wrote. “The standard exchange for accepting public subsidies. Home warranty extension vetoed set forth in this bill is vague and will spawn Under the bill, cities could take action against Minnesota winter weather can postpone litigation.” property owners who violate their contracts. the effects of certain construction defects or HF528/SF489*/CH127 In his veto message, Pawlenty expressed inhibit a contractor’s or inspector’s ability to — K. Be r g g r e n concern about the language of the bill, determine a problem in a timely fashion. which states that a city has the right to Lawmakers wanted to extend the time a Put that warranty claim in writing “manage or control property to which it is homeowner would have to see the effects of a An 80-year-old Duluth homeowner called providing public assistance and for a period problem and request remediation from their his builder to report a problem with his new of time consistent with the term of the public builder. home within the six-month warranty period. assistance.” The governor’s letter stated that However, Gov. Tim Pawlenty vetoed a bill He agreed to the builder’s proposal to defer the bill language could be interpreted as that would have extended from six months to an inspection until winter was over and the providing broad powers for cities to manage one year the period in which a warranty claim problem could be more easily examined. or control properties without providing notice may be made by a homeowner. The builder’s insurance company extensively in the agreements. “Not reporting a construction related documented the problem, but did not agree In addition, Pawlenty’s message stated problem in a timely manner could exasperate to accept liability. The case went to trial, and that the bill is unnecessary because parties the problem and increase costs,” he wrote in eventually the Court of Appeals upheld a to agreements could insert provisions this veto message. lower court ruling against the homeowner that address the issue into the agreements The bill, sponsored by Rep. Bev Scalze based on his failure to give written notice. The themselves. (DFL-Little Canada) and Sen. Lisa Fobbe retiree paid $250,000 to repair home damages HF1670/SF1033*/CH81 (DFL-Zimmerman), was one of several resulting from the construction defect. — N. Bu s s e passed this session that sought to strengthen Gov. Tim Pawlenty vetoed a bill that would homeowner warranty rights. have allowed a phone call or e-mail, besides No displacement reimbursement HF330*/SF264/CH112 a written letter, to serve as adequate “actual

Several bills intended to boost homeowners’ — K. Be r g g r e n notice” in similar cases. protection against defective construction Rep. Kate Knuth (DFL-New Brighton) and faced steady opposition on the House floor Reverse mortgage bill vetoed Sen. Kevin Dahle (DFL-Northfield) sponsor from Republicans. They emphasized how Reverse mortgage regulations will not be the bill. Limits would have remained in place the measures could burden the beleaguered tightened anytime soon. to hold builders reasonably harmless, such as construction industry by opening the door Available to people 62 or older who borrow the six-month claim period, and if the damage to greater contractor liability for damages or a lump sum or receive monthly payments or a is due to homeowner’s negligence or other to costly lawsuits. line of credit against the value of their home factors unrelated to the contractor’s work. Gov. Tim Pawlenty agreed with their while they continue to live there, reverse “There is a high level of ambiguity as to reasoning when he vetoed a bill sponsored by mortgages must be paid in full when the how a homeowner conveys an actual notice Rep. Paul Gardner (DFL-Shoreview) and Sen. borrower moves or dies. message. Not having the notice put in writing Ron Latz (DFL-St. Louis Park) that would have The loans can provide a safety net for many will lead to disputes as to whether and how reimbursed temporarily dislocated homeowners older Minnesotans hit hard by the economic verbal notice was provided. A requirement for for the cost of short-term housing, such as a downturn. However, advocates of tighter written notice is a much better approach,” the motel, if they were forced to vacate their homes standards say some borrowers have become governor’s veto message stated. because of a construction defect under warranty, victims of unscrupulous lenders or financial HF362*/SF362/CH140 or if the conditions of repairing such a defect, counselors who target the product to people — K. Be r g g r e n made the property uninhabitable. who don’t really need it or who have sold “Although this legislation may be well- borrowers other financial products, such as No Homestead-Lender Mediation Act intentioned,” the governor wrote in his veto annuities, paid from the loan proceeds. In Minnesota home values are predicted to message, “we should be cautious about placing some cases, closing costs have exceeded the plummet by more than $7 billion by 2010, more burdens on the housing sector during amount of the loan, and interest rates may be while 30,000 additional home foreclosures this historic recession.” considerably higher than other loans. are predicted this year. The bill specified that homeowners would A bill sponsored by Rep. Jim Davnie (DFL- A bill sponsored by Rep. Debra Hilstrom be reimbursed for the cost of temporary Mpls) and Sen. Tarryl Clark (DFL-St. Cloud) (DFL-Brooklyn Center) and Sen. Linda lodging at a rate limited to the maximum per to tighten the rules was vetoed by Gov. Tim Scheid (DFL-Brooklyn Park) that intended to diem rate set by the federal government for the Pawlenty. promote mediation as a tool to prevent some place where the property is located. The governor’s veto message said he of those foreclosures was vetoed by Gov. Tim “Under current law,” the veto letter shares lawmakers’ goal of trying to protect Pawlenty.

34 Session Weekly May 29, 2009 HF354, the Homestead-Lender Mediation Act of 2009, was modeled after the 1986 Ma y o r ’s c o n c e r n s Farmer-Lender Mediation Act, which Hilstrom said helped 14,000 farmers avoid foreclosure. The mediation option would have been available to homeowners who had already received mortgage counseling as currently required, requested the mediation and demonstrated in good faith that they could meet the financial obligations of a refinanced mortgage, an adjusted repayment schedule or other arrangements agreed to by debtor and creditor. “While I am supportive of a mediation option for certain foreclosure cases, this bill does not incorporate my key recommendations,” Pawlenty wrote in his veto message. Having a mediator rather than a mortgage counselor determine who is eligible for p h o t o b y t o m o l m s c h e i d mediation is “nonsensical,” the governor St. Paul Mayor Chris Coleman, right, holds a property tax statement during a May 16 Capitol wrote. If the mediator is making that decision, news conference. Mayors from around the state expressed concerns over possible property “the mediation process would have already tax increases and reductions to personnel and services if local government aid is cut as a begun.” Instead, “the counselor should state budget-balancing measure. Mayors attending the news conference, from left, J e ff determine eligibility for mediation based on Kletscher, Floodwood; Mary Hamann-Roland, Apple Valley; Steve Cook, Hutchinson; and objective criteria prior to the matter being Dan Mess, Alexandria. referred to a mediator.” The attorney general’s office would have The statute of repose remained in the bill appointed and paid for qualified mediators, Transportation presented to the governor, so no one could but Pawlenty wrote that the office “is not make a claim after 12 years; but it contained the proper entity to select neutral dispute two different statutes of limitations. If the Policies not OK with Pawlenty resolution personnel or procedures.” He breach were discovered in the first 10 years, Rest area prohibitions, highway names, preferred the Office of Administrative Hearings the homeowner would still have up to two pedestrian bridge access and high-speed rail with the use of qualified volunteers. years of statute of limitations to file the claim were part of the omnibus transportation To fund the program, every foreclosure fee once they’ve reported the breach. Problems policy bill that failed get off the governor’s would have increased by $125 per foreclosure, discovered in year 11 or 12 would have just desk. even those not involving mediation. Pawlenty one year to file a claim. “While I support several provisions in wanted the program to fund itself through fees The 2004 law requires a lawsuit to be the bill, the Minnesota Department of applied within the mediation transaction. brought within two years of the breach of Transportation (Mn/DOT) has raised The governor wanted all meetings to be the warranty discovery, but not more than concerns regarding provisions in this available electronically, instead of having 12 years from when the warranty took effect. legislation,” Gov. Tim Pawlenty wrote in his the initial meeting by telephone or video However, Bunn said one subdivision in law veto message. “Those concerns were brought conferencing with the subsequent option to has a 10-year maximum and some courts to the attention of the bill’s authors, but the meet in person at the mediator’s discretion, use that shorter timeframe, thereby catching concerns were ultimately ignored.” as the bill proposed. homeowners in the middle. Sponsored by Rep. Frank Hornstein (DFL- HF354*/SF340/CH154 A 2007 court decision went against the Mpls) and Sen. Steve Murphy (DFL-Red — K. Be r g g r e n original intent by stating all claims must be Wing), the law would have required the within 10 years — the stated warranty on department to work with Wisconsin to apply No statute of repose clarification many home repairs — even though 12 years for federal economic stimulus funds relating A plan to update a 2004 law that would have was always the intent of the 2004 state law, she to the planning and construction of a high- helped some homeowners was rejected by the said. speed passenger rail line that would connect governor. “The current period of 10 years in current Chicago, La Crosse, Wis. and the Twin Cities Sponsored by Rep. Julie Bunn (DFL-Lake law seems sufficient,” Pawlenty wrote. “The metropolitan area, including the Union Depot Elmo) and Sen. Sandy Rummel (DFL-White legislation also applies not only to future in St. Paul. Bear Lake), the bill was an attempt to clarify cases, but current cases as well. Changing the Pawlenty noted that MnDOT has been intent of the law to provide when a lawsuit for law in the middle of the game is unfair and working with Wisconsin officials on a line a warranty violation must be brought. unwise.” from the Twin Cities to Chicago, and that the “Although this legislation may be well- HF412*/SF470/CH104 route is part of a statewide rail study. “We have intentioned we should be cautious about — M. Co o k cautioned the Legislature on many occasions placing more restrictions on the housing about prematurely selecting specific routes, sector during this historic recession,” Gov. stops, or endpoints,” he wrote. Tim Pawlenty wrote in his veto letter. A 2008 law that requires mitigation on

May 29, 2009 Session Weekly 35 transportation construction impacts on ronmental impact statements to accelerate interlock device pilot program; local businesses would have been amended the improvement on part of Highway 14. • a prohibition against driving into an in- to include rail transit projects. MnDOT already incorporates bicycle and tersection controlled by a stoplight until a In the area of highways, the bill would pedestrian facilities into many planning vehicle is able to move completely through; have: documents, but the bill would have required and • prohibited certain activities at rest stops, bicycle and pedestrian facilities on certain • creation of the Minnesota Council on including failure to properly dispose of bridges repaired or replaced using the trunk Transportation Access to improve coor- trash, dumping household or commercial highway bridge improvement program enacted dination, availability, cost-effectiveness trash, leaving an unattended vehicle or last year. It would have applied only to bridges and safety of transit services to the transit trailer at a rest area and pitching tents or located in a city or that link to a pedestrian dependent. sleeping overnight outside a vehicle; path, trail or bikeway. The provisions would Pawlenty wrote that the council would • designated Highway 200 between Mah- not have applied if MnDOT determined there overlap the Interagency Committee on nomen and the North Dakota border as is no demand or a “reasonable alternative” Transit Coordination. “I established ICTC “Veterans Memorial Highway,” and parts crossing is located within one-quarter mile to coordinate health and human service of Highways 34 and 87 in Becker County of the bridge. programs with public transportation systems. as the “Becker County Veterans Memorial Other provisions would have allowed: … I will direct Mn/DOT to expand the Highway”; • deputy registrars to accept credit cards and membership of the ICTC to address the • named the new Highway 23 bridge over add a surcharge to cover the costs of the purported need for the new council.” the Mississippi River in St. Cloud as the credit card processing fee; HF928*/SF1455/CH151

“Granite City Crossing”; • removing the household income threshold — M. Co o k • permitted the annual closing of Highway 19 from the conditions of allowing a person in New Prague one weekend in September to retrieve contents from an impounded If you have Internet access, visit the Legislature’s for the Dozinky Festival; and vehicle; Web page at: www.leg.mn • required MnDOT to complete the final envi- • a statewide expansion of the DWI ignition

Ou t t h e d o o r

p h o t o b y a n d r e w v o n b a n k Legislators spill out of the House Chamber after a hectic conclusion of the 2009 legislative session in this time-exposed image.

36 Session Weekly May 29, 2009 AT ISSUE: Energy

will include the Center for Energy and the Environment, the Minnesota Center for Warm homes, cool jobs Engineering and Manufacturing Excellence, and the Minnesota Technical Assistance Energy upgrades planned with federal stimulus funds Program at the University of Minnesota. A former school building in the city of Kennedy will also be converted for use as a renewable energy business center through a By Su s a n He g a r t y grant provision in the new law. n unprecedented number of houses Rebate money will be used to encourage the movement toward renewable resources, throughout Minnesota will be retrofitted such as solar or geothermal production of to conserve more energy and hundreds of electricity. Both homeowners and businesses A may be eligible for rebates when they install jobs will be created as a result of a new law and solar energy. federal economic stimulus funding. Schools, park districts, port authorities and local governments will be able to submit financing proposals to the commerce commissioner for purchase and installation Up against a May 12 deadline, the Office of The new law outlines several policies related of renewable energy systems or geothermal Energy Security submitted an application to to the expenditures: heating and cooling systems. Criteria used receive an estimated $196.75 million in federal • contractors must ensure that workers when awarding grants include projects that stimulus funds earmarked for energy improve- are qualified and have participated in use parts manufactured in Minnesota; those ments. Nine days later, Gov. Tim Pawlenty apprentice and training programs for the that will reduce greenhouse gas emissions; signed into law how the money will be spent. work being performed; and geographic diversity of grant recipients. Pawlenty sent a May 23 letter to Steven Chu, • the Minnesota Housing Finance Agency Schools that accept the grants must include secretary of the U.S. Department of Energy, will coordinate loans, grants and rebates information about their renewable energy assuring him that Minnesota is poised to move for energy improvements to qualified project into their education curriculum. forward with energy efficiency programs. residents, including for energy efficient Even companies that manufacture parts for “We are prioritizing our energy investments window installation; renewable energy systems may be eligible for to take advantage of existing programs and • a revolving loan fund for Duluth customers grants. Applicants must demonstrate that their expand programs where appropriate. Our of Minnesota Power will stretch stimulus company will help position Minnesota as a State is committed to a robust improvement in dollars, and a grant program for its center for renewable energy manufacturing. energy efficiency and renewable energy, as well customers in communities with less than The St. Paul Port Authority will receive as a balanced State energy policy,” Pawlenty 4,000 people will be established; money to establish a revolving loan fund wrote. Awarding of the energy stimulus • local governments may apply for block for Xcel Energy’s commercial and industrial package is expected sometime this summer. grants to plan for and implement energy customers. Though the authority will accept upgrades, such as window replacement or the grant, the money will be disbursed as Immediate needs addressed street lighting; sub-grants to Xcel Energy business customers Weatherizing residences, state government • Department of Education staff will help throughout the state. buildings and public schools account for a prioritize school district projects that The Office of Energy Security has more large portion of the new law, sponsored by optimize energy savings and improve the information on its Web site, which will Rep. Jeremy Kalin (DFL-North Branch) and learning environment for students; and be updated as new information becomes Sen. Ellen Anderson (DFL-St. Paul). • state government buildings will receive available. Log onto www.energy.mn.gov and Training and hiring people to perform lighting upgrades, window repair or click on the federal stimulus energy info box weatherization tasks and energy upgrades to replacement and other energy upgrades. on the right-hand side of the homepage. schools and public housing with the stimulus HF680/SF657*/CH138 funds is expected to save taxpayers’ money by Brighter future with renewables reducing unemployment and utility costs. Less With an eye to the future, Minnesota will than 3,800 public housing units are weatherized plan for a national energy efficiency center annually now; that number could increase to designed to test and measure energy saving 35,000 once the federal dollars are received. performance of equipment. Stakeholders

May 29, 2009 Session Weekly 37 AT ISSUE: Taxes

Holding firm on funding positions Historic deficit magnifies differences on how to pay for state services

By So n j a He g m a n An override attempt of HF885*/SF681, he governor and the Legislature were sponsored by Lenczewski and Bakk, failed to get the 90 votes needed with a vote of 85-49 on at loggerheads all session as to how to May 17. Rep. Gene Pelowski, Jr. (DFL-Winona) fill what was to be a nearly $3 billion and Rep. Jeanne Poppe (DFL-Austin) joined all T House Republicans in supporting the veto. funding gap to support programming for the That bill was similar to HF2323 in that it 2010-2011 biennium. would have raised more than $1 billion in taxes in the 2010-2011 biennium, but did not include the K-12 shift. It was an attempt to save cuts to schools, hospitals and nursing homes The governor’s stand was no new taxes, but “I think everyone can be proud of this by creating a new tax bracket for the state’s top to rely on cuts, shifts and use of appropriation bill,” said Rep. Ann Lenczewski (DFL- earners, increasing alcohol taxes and adding bonds. The Legislature said that appropriation Bloomington), chairwoman of the House a tax for excessive interest rates. bonds would be “borrowing against the Taxes Committee on the House floor “This is a bold move by the Legislature to future,” and even with shifts, an increase explaining the second tax bill. “We’re at a acknowledge the governor’s revenue proposal in taxes would be necessary to stave off point where we need to close up the session and solve the state’s historic budget shortfall,” devastating cuts. and I hope you’ll join me in voting yes.” House Speaker Margaret Anderson Kelliher One bill (HF885*/SF681) to make taxes part The bill passed 82-47 in the House and (DFL-Mpls) said prior to the veto. of the funding mix made it onto the governor’s 35-1 in the Senate minutes later. Sen. Dan desk, and was swiftly vetoed. Positions were Sparks (DFL-Austin) voted no, and Sen. Tom New tax law held firm right up to the last night of session, Bakk (DFL-Cook), Senate Tax Committee Though the Legislature was not successful when with minutes to spare in the 2009 chairman, and the bill’s co-sponsor, was with either of its omnibus tax finance bills, legislative session, House DFLers hoped for among the 31 senators who abstained from the governor did sign HF1298*/SF1257/CH88, another chance at funding the spending bills voting. a tax policy bill. with what they termed sustainable revenue. The law has many technical policy and non- Amidst shouts of unfairness from the Session-long disagreement controversial tax provisions as were possible, minority, House Minority Leader Marty After vetoing the first omnibus tax bill on Lenczewski said. Seifert (R-Marshall) kept yielding to members May 9, the governor announced May 14 that It includes more federal tax conformity of his caucus as the clock ran down to the there would be no special session to solve the that Congress has adopted since HF95, the midnight constitutional adjournment. funding disagreement, and that he would House federal conformity bill, was signed “Division!” they would shout after every voice unallot to resolve the deficit. into law earlier in the session. In addition, vote, in an effort to stall a vote on HF2323*/ “A key principle is that the DFL-controlled it includes disaster relief provisions for St. SF2074, the tax bill passed in a conference Legislature shouldn’t spend more money Charles for a fire and the flood-ravaged committee about an hour earlier. than the state has available,” Pawlenty said. Red River Valley for help with new home “This should have been a thoughtful “Unfortunately, they have done just that and construction. It also allows for an emergency process,” said Rep. Tom Emmer (R-Delano). now I’ll fix it.” debt situation for cities and counties that “We had no chance to go through the bill. This With no new tax bill coming together in a may lose local government aid, market value was completely mismanaged.” conference committee, negotiations between homestead credit and county program aid due The bill, vetoed May 21 by Gov. Tim legislators and Pawlenty failing to produce an to unallotment. Pawlenty, would have closed a $2.7 billion agreement, and the Legislative Commission Seifert called the bill the “lifeboat” of the budget gap by delaying payments to schools, on Planning and Fiscal Policy demanding tax conference committee, as it was the only raising income taxes on joint filers earning answers about the potential unallotment bill to come out of the committee that didn’t more than $250,000 a year, increasing alcohol scenario, Pawlenty’s ultimatum forced the include a tax increase. taxes and creating a surcharge on lenders Legislature to try to override an earlier veto. charging high interest rates.

38 Session Weekly May 29, 2009 AT ISSUE: State Government

State government funding signed New law strengthens accountability of stimulus funds received by the state

By Ni c k Bu s s e and allows the state to recover damages and ess spending and more accountability are establishes protections for whistleblowers. Other policy provisions include: the hallmarks of a new law that funds • granting preferences to certain veteran- state government operations for the owned small businesses in regard to bids L on state contracts; 2010-2011 biennium. • requiring municipalities to consider using the state’s cooperative purchasing venture for contracts greater than $25,000; • requiring the creation of a Web site with Sponsored by Rep. Phyllis Kahn (DFL- authorization for replacing the state’s a searchable database of information Mpls) and Sen. Don Betzold (DFL-Fridley), accounting and procurement system; on state contracts, expenditures and the law funds the Legislature, the state’s • funding for preliminary planning to appropriations; constitutional offices and several state consolidate the state’s data centers; and • officially changing the name of the agencies including Minnesota Management • provisions to establish a statewide electronic Department of Finance to the Department and Budget and the Department of Revenue. licensing system for commercial and of Management and Budget, which may also In all, the law will have a net General Fund professional licenses, paid for by an be referred to as Minnesota Management impact of $580 million, which amounts to extension on a temporary technology and Budget; a 7 percent reduction from the February surcharge. • requiring the state demographer to release forecasted base. This is made possible largely The law is designed to help strengthen a state demographic forecast to coincide through a new tax compliance initiative by accountability and financial management with the November economic forecast the Revenue Department that is expected to in state government in a number of ways. from MMB; supply $41.5 million in the biennium. A provision sponsored by Rep. Ryan Win- • allowing the use of state facilities to Under the law, the Legislature and the kler (DFL-Golden Valley) clarifies that provide fitness or wellness classes for state governor’s office will receive 3 percent cuts knowingly misusing state funds is a gross employees; from their forecasted base funding. The Office misdemeanor and grounds for employment • establishing a central Geospatial of the Secretary of State and the Office of the termination; previously, statutes were unclear Information Office within the Department Attorney General will be cut 5 percent and as to whether misappropriating state funds is of Administration that consolidates a 4.5 percent, respectively. The Office of the actually a crime. number of existing state geographic State Auditor would actually see a 3.7 percent Legislation sponsored by Winkler and information services; and budget increase to help oversee and report Rep. Keith Downey (R-Edina) that would • requiring occupants of state-owned on the use of federal stimulus funds from strengthen the state’s internal financial buildings to try to turn off building lights the American Recovery and Reinvestment controls has been included in the law. The between midnight and dawn during Act of 2009. Most executive agencies would provisions require Minnesota Management bird migration seasons (the “bird-safe see a 5 percent reduction in their operating and Budget to take responsibility for internal buildings” provision). budgets. controls across the executive branch, and Funding provisions in the law take The law includes several information also direct the Legislative Audit Commission effect July 1, 2009. Most policy provisions technology initiatives supported by Gov. Tim to make recommendations on improving are effective Aug. 1, 2009. The provisions Pawlenty, including: internal controls. relating to the false claims act take effect • funding completion of an integrated tax A provision sponsored by Rep. Steve Simon July 1, 2010. system; (DFL-St. Louis Park) establishes a false claims HF1781/SF2082*/CH101 • partial funding and lease-purchase act for the state. The act imposes penalties

May 29, 2009 Session Weekly 39 AT ISSUE: Economic Development

Line-item vetoes for jobs bill New law funds jobs and housing, makes ice hockey the state sport

By Ni c k Bu s s e employee equipment and apparel made in the ov. Tim Pawlenty trimmed a little United States. The provision takes effect Jan. 1, 2010, or upon expiration of contracts entered more than $1.8 million from a new law into before June 1, 2009, whichever is later. that funds jobs, housing and cultural A “Minnesota Green Enterprise Assistance” G provision in the law directs DEED and the heritage programs for the next biennium — Commerce Department to collaborate on a and also designates ice hockey as the official program to “advise, promote, market and state sport. coordinate” state help for environmentally focused enterprises. The objective is to use existing state resources to expedite the delivery of grants, licenses, permits and other The law, sponsored by Rep. Tom Rukavina creates short-term jobs in the state, funding authorizations for green economy projects. (DFL-Virginia) and Sen. David Tomassoni should focus on long-term job growth. Increased accountability requirements for (DFL-Chisholm), authorizes $260.1 million Other line item-vetoes include: DEED are also in the law, which directs the (after line-item vetoes) in net General Fund • a $280,000 grant to Minnesota Public Radio agency to develop a set of measures to evaluate spending. to help with its conversion to a digital the effectiveness of its workforce development Major appropriations, reflecting cuts from broadcast signal; programs. Annual reports are required to the earlier projected funding bases, include: • $200,000 for the Indigenous Earthkeepers Legislature. • $115.9 million to the Department of environmental and cultural youth The law establishes an 18-member bipartisan Employment and Economic Development education program; Economic Development Strategy Working (a 4 percent cut); • $100,000 for the Southeast Asian Group to create an overall economic growth • $86.8 million to the Housing Finance Collaborative; strategy for the state. Made up of six senators, Agency (a 3.5 percent cut); • $70,000 to the Legislative Coordinating six House members and six public members, • $46 million to the Minnesota Historical Commission to study economic the group will work under the umbrella of Society (a 6 percent cut); development issues; and the Legislative Coordinating Commission • $20.2 million to Explore Minnesota • $50,000 to the Department of and report back to the Legislature by Feb. 15, Tourism (a 9 percent cut); Administration for a workers memorial 2010. • $17.2 million for the Minnesota State Arts on the Capitol grounds. Other policy changes include: Board (a 16.6 percent cut); and Pawlenty also vetoed an earlier version of • splitting the Board of Barber and • $4 million for public broadcasting (a 3 the legislation because it included a provision Cosmetologist Examiners into two separate percent increase). that would have forgiven $33 million of organizations; The law prevents deeper cuts to DEED a loan St. Paul owes the state on the Xcel • strengthening enforcement of prevailing programs by temporarily increasing a fee Energy Center. The loan forgiveness would wage requirements for state contracts; paid by employers into the state’s workforce have allowed the city to move forward on a and development fund. The fee hike would raise proposed new indoor ice arena across the • allowing Delta Airlines flight attendants $15.5 million over the next biennium. street from the Xcel. taking unpaid furloughs as part of their Pawlenty line-item vetoed six appropriations. While St. Paul didn’t get its new ice rink, contracts to collect unemployment The largest, a $1.2 million grant to the hockey fans can still take heart, as the law benefits. Minnesota Film and TV Board, was intended establishes ice hockey as the official state Appropriations in the bill take effect July to nearly double the amount of money sport. 1, 2009. Policy provisions mostly take effect available to the “Snowbate” film production A number of other policy provisions either May 17, 2009, or Aug. 1, 2009. incentive. In his veto letter, the governor said are also included in the law. Among them, HF2088*/SF1926/CH78 that while incentivizing the film industry public employers will be required to purchase

40 Session Weekly May 29, 2009 AT ISSUE: Higher Education

Higher education ‘stabilized’ Tuition caps, student financial aid increases are focus of funding law

By Ni c k Bu s s e Policy provisions higher education funding package In addition to providing funding, the law includes policy changes covering a variety mostly passed muster with Gov. Tim of higher education-related subjects ranging Pawlenty, who trimmed a little more than from alcohol at sporting events to clothing A sold in campus bookstores. $2.5 million from the legislation before signing A new class of mid-level dental practitioners it into law. is established by the law: “dental therapists.” These oral health care practitioners will serve as a middle option between dentists and hygienists, and will work in “settings However, there may be deeper cuts coming, (HF2251*/SF1938/CH177) that raised the caps that serve low-income, uninsured, and as Pawlenty said he may unallot between $150 slightly in the second year of the biennium. underserved patients,” especially rural areas. million and $190 million of higher education Student financial aid will get a boost under The law lays out educational requirements spending to help close the state’s remaining the law, which raises the four-year tuition for dental therapists and “advanced dental budget gap. maximum for students in the state grant therapists,” and also establishes licensure Sponsored by Rep. Tom Rukavina (DFL- program, and also raises the maximum requirements and other regulations. Virginia) and Sen. Sandy Pappas (DFL-St. allowance for living and miscellaneous State funding for the University of Paul), a new law sets higher education funding expenses. Work-study funding will also get a Minnesota may not be used for research that in the 2010-2011 biennium at $3.1 billion. $5 million increase. involves human cloning, partially defined as This includes funding for the University of The governor used his line-item veto “generating a genetically identical copy of Minnesota, the Minnesota State Colleges and power to cut several programs. The largest, an organism at any stage of development,” Universities system and the Office of Higher a $2 million appropriation for a free-tuition under the law. The provision was added to Education, which includes student aid and demonstration project called the Power of the legislation as an amendment on the House other programs. You, was nixed, according to Pawlenty’s veto floor by Rep. Steve Smith (R-Mound). The total includes nearly $138 million in message, because it would only serve six cities Campus bookstores at public colleges and fiscal stabilization funds from the American and is “not a viable option” given the budget universities must, to the extent possible, offer Recovery and Reinvestment Act of 2009. deficit. clothing for sale that was manufactured in the Notwithstanding any possible unallotments Pawlenty also vetoed a $500,000 United States, under a provision proffered by by the governor, the $3.1 billion figure appropriation to a scholarship program to Rukavina. A report back to the Legislature on represents a cut of approximately 2 percent early childhood care and education providers, attempts made to comply with the provision from the forecasted base for total higher commenting that it already received funding is required. education funding. from the omnibus health and human services The new TCF Bank Stadium and other sports The law caps undergraduate tuition finance law. arenas will have to offer liquor for sale through- increases at MnSCU institutions to no more The governor also vetoed a $40,000 out the facilities if they offer it for sale in certain than 3 percent in the first year and 5 percent appropriation to the Cook County Higher areas, under a Rukavina-sponsored provision in in the second year of the biennium. Similarly, Education Board, stating that a county board the law. Rukavina said the goal is to make sure the law asks the university to cap its tuition “is not the appropriate place to fund higher ordinary people attending sports events are not increases at $300 in the first year and $450 in education.” denied the same privileges afforded to people in the second year. Funding provisions in the law take effect July premium seating areas. Or, in the words of the More restrictive tuition caps were included 1, 2009, with the exception of appropriations governor, who supports the provision, “If some in the law when it was originally signed; from ARRA stabilization funds that are get beer, all should get beer.” however, after hearing of the governor’s effective May 17, 2009. Most policy provisions in the law take effect unallotment plans, the Legislature passed, Aug. 1, 2009. and the governor signed, a deficiency law HF869/SF2083*/CH95

May 29, 2009 Session Weekly 41 AT ISSUE: Cultural & Outdoor Legacy

Money for outdoors, arts gets green light Legacy bill passes but still needs work

By So n j a He g m a n indicated the need was for one-time money he majority of state voters approved a only,” Pawlenty wrote in his veto message. sales tax increase in November 2008 with “If additional funding is needed for this new board, it should come from sources other some uncertainty as to how the anticipated than constitutionally dedicated dollars. Such T dollars should be used for projects, not process revenue would be spent. and bureaucracy.” The law is the result of weeks of testimony about the potential monetary impact during A new law provides the answer. The tax is expected to generate $396.8 million the next 25 years especially in the face of an “This is the best ride I’ve had in 33 years annually to be divided into four dedicated economic downturn, Murphy said. It also at the Legislature. This is the people of funding areas: wildlife habitat, clean water, provides a plan to guide the distribution of Minnesota’s (law),” said Rep. Mary Murphy parks and trails, and arts and culture. the legacy amendment money over the 25-year (DFL-Hermantown), who sponsors the Funding in the law for the 2010-2011 life of the tax. All appropriations are one-time, omnibus cultural and outdoor funding biennium includes: thus agencies should not expect to receive the resources finance law with Sen. Richard • $75.7 million to the Department of Natural same amount of funding from the tax every Cohen (DFL-St. Paul). Resources split among prairies; wetlands; year. Priorities will be reviewed on a year-to- Yet it almost did not happen. forests; and fish, game and wildlife year basis. After making the motion to pass the habitat; “We looked at this as a tremendous fiscal conference committee report in the session’s • $51.3 million to the Pollution Control Agency responsibility,” Murphy said. “We did not final hours, the committee recessed abruptly for grants, drinking water protection, want to make a mistake. It certainly would with no clear explanation before voting. About Minnesota river water quality testing and be better if we’d had more time.” an hour later, conferees reconvened and Murphy wastewater treatment monitoring; Rep. Dean Urdahl (R-Grove City) explained that three concerns were brought to • $36.9 million to the DNR for grants and the acknowledged Murphy’s task was her attention that were to be corrected in the state parks and trails legacy; “monumental.” so-called “revisor’s bill” because there was no • $32.7 million to the Public Facilities “You were looking to the future and trying time to make the necessary changes in this bill. Authority for grants among small to do it right,” he said. “I know it was a hard The concerns were: community wastewater treatment job and tweaks will come in the future.” • criteria for how grants are appropriated technical assistance and construction Murphy said that there had not been a lot of regarding emerald ash borer; and phosphorus reduction; and communication between the Lessard Outdoor • the conservation partner grant program • $22 million to the Minnesota Historical Heritage Council and legislative committees, will not be a pilot program, and will be Society for a variety of things including which is why there were some things that reviewed at the end of the first year; and grants and assistance to local historical still need to be worked out. “We need a lot • the Lessard Outdoor Heritage Council, societies. more communication so we create better which was established to provide annual Line-item vetoed by Gov. Tim Pawlenty understanding and a better environment for recommendations to the Legislature on was $200,000 to the Star Lake Board for a the future,” she said. “This is the promise to how the funds should be used, can use “pilot program to focus on engaging citizen the future on enhancement, protection and its definition of “protect, restore and participation and fostering local partnerships restoring of our habitats. This is the promise enhance,” because it differs from the by increasing citizen involvement in water of the future for arts and culture and having conference committee report. Murphy said quality enhancement by designating star lakes whole new groups of people exposed to arts these definitions would be discussed in the and rivers.” and culture.” interim. “This board was created with a $100,000 HF1231*/SF1651/CH172 Beginning July 1, 2009, the state’s sales tax appropriation as a pilot program last year. will increase from 6.5 percent to 6.875 percent. At the time, supporters of the legislation

42 Session Weekly May 29, 2009 AT ISSUE: Human Services

put more of them in the red, he added. Specialists are cut by about 5 percent in the Health care law quagmire law. While the cuts will hurt, it’s a push to help Sustainability at issue in law line-item vetoed by governor change the way the state provides medical care and move toward managing chronic diseases through primary care providers instead, Huntley said. By Pa t t y Os t b e r g Other spending reductions include delayed rebasing for nursing homes; a 2.58 percent nsustainable or part of the budget- cut to long-term care facilities; reducing balancing solution? public assistance dental services; and limiting Such was the dilemma faced by personal care attendant hours to 310 per U month/per individual. supporters and opponents of the omnibus A personal care attendant recipient must need help with at least one activity of daily health and human services finance law. living — dressing, grooming, bathing and toileting — to qualify for public assistance. The governor’s proposal required at least Gov. Tim Pawlenty line-item vetoed $381 shift to the rest of the state are “bankrupting two activities of daily living to be needed for million in funding for the state’s General our health care system.” They also note the cut services. Assistance Medical Care, which assists some does not take effect until fiscal year 2011. The disability community services comprise of the state’s poorest residents. But opponents argue costs will increase about 29 percent of the state health and An attempted override failed in the House in the long run when those dropped from human services budget, and were cut by that on an 87-47 party-line vote. GAMC show up in emergency rooms in worse percent. Recipients of the state’s publicly funded conditions. Money is invested to meet the federal health program are adults between ages “The impact of this item veto and related, Children’s Health Insurance Program 21-64 who have no children and make less anticipated unallotments will not occur Reauthorization Act of 2009 that could than $7,800 per year. Rep. Thomas Huntley immediately. As a result, the legislature will result in an additional $20 million to increase (DFL-Duluth), who sponsors the law with have an opportunity to address this change the number of children on public health Sen. Linda Berglin (DFL-Mpls), said of the further if it chooses,” the governor wrote insurance by easing the enrollment process, approximately 35,000 on GAMC, many have in his veto message. He urged legislators said Huntley. mental illness, severe physical disabilities or “to continue working next session to slow The change will add an additional 22,000 chronic conditions to the point that they can’t the growth in the state’s human services children to MinnesotaCare, but they are work on a regular basis; therefore, they receive spending.” children that already qualify but for some state health care at no cost to them. reason are not on the program, he said. While some will qualify for MinnesotaCare, Other provisions Another $4 million is invested to meet a different public program, opponents say The law, mostly effective July 1, 2009, provisions of, and receive funding from, many of those on GMAC do not have the implements a 3 percent cut to Medical the federal Health Information Technology mental capacity to maintain eligibility or the Assistance and GAMC providers, but it for Economic and Clinical Health Act that finances to make payments MinnesotaCare does not cut primary care providers such as is designed to help the state convert health requires. pediatricians, family practice physicians and records to electronic form. Yet, veto supporters say health care costs general internal medicine. A SterringCommittee on Performance continue to rise at an unsustainable rate the “Every one of these cuts is painful and will and Outcome Reforms is established in the state can’t afford, and can’t fund when the hurt somebody,” Huntley said. “We tried to law to develop a review process for essential state’s Health Care Access Fund runs out of minimize the damage best we could.” human services programs. The committee money, which it’s projected to do in the future. “There was tremendous pressure on us to is to develop reporting and accountability Rep. Steve Gottwalt (R-St. Cloud) said the protect hospitals,” Huntley said, noting the 3 measures to respond to a county or human state is already unable to pay market rates percent cut to hospitals is 1/17th of what the service authority that is not achieving to hospitals and providers for services they governor wanted. Many of them are “in the performance measures. provide to those on GAMC, and the costs that red,” and the governor’s proposal would have HF1362*/SF695/CH79

May 29, 2009 Session Weekly 43 AT ISSUE: Education

compares the concept to the professionalism of “forming a practice, like a law firm or No shifts, no cuts doctor’s office.” Greiling called it a “cutting- Education funding in a holding pattern edge” model and a national first. Testing is examined A highly disputed alternative path to By Kr i s Be r g g r e n graduation for students who cannot pass innesota schools emerged fairly a high-stakes math test is included. While Pawlenty expressed his disappointment with unscathed in the state budget battle the measure, calling it a “step backward” in of 2009. Education funding will hold efforts to raise academic standards, its advocates M were concerned that thousands of high school steady at $13.7 billion for the 2010-2011 biennium juniors could fail the test this year, leaving them and increase to $14.1 billion the following in postsecondary limbo without a diploma. The GRAD’s (Graduation-Required biennium. Assessment for Diploma) effectiveness will be studied, but in the meantime the new law relieves some testing anxiety. New measures The law, effective July 1, 2009, includes Miracle” which would have equalized state aid of student progress assessing students’ year- $500 million in one-time federal economic to districts statewide and eliminated property to-year growth in addition to standards-based stimulus money, but not $1.8 billion in tax levies from the funding formula. knowledge will “fully, fairly and accurately accounting shifts proposed by the House Others said the law does include meaningful report student achievement and measure but rejected in the conference committee. reforms they expect will pay off in coming school excellence” and represent “the critical However, Gov. Tim Pawlenty is expected to years, including new ways of measuring reform in this bill,” said Rep. Kathy Brynaert implement similar shifts through the same student performance; significant and hard- (DFL-Mankato). authority by which he has pledged to unallot won special education changes and mandate portions of the state budget. reductions; and a provision allowing school All eyes on the achievement gap “While we’re very proud of this budget, who districts to create site-governed schools. Lawmakers kept their eye on a guiding would think we would ever have to be proud goal: their desire to close the nation’s biggest of not cutting or not paying the schools late?” A facelift for charters achievement gap between white students and asked Rep. Mindy Greiling (DFL-Roseville), The law makes the most significant students of color, which Rep. Carlos Mariani who sponsors the law with Sen. LeRoy Stumpf reforms to charter schools since 1991, when (DFL-St. Paul), House K-12 Education Policy (DFL-Plummer). Minnesota became the first state to allow their and Oversight Committee chairman, calls an In a message to legislative leaders, Pawlenty development. “opportunity gap.” said that he signed the law “with reluctance,” “Whether someone hates charters or loves Early learning and literacy are considered because it doesn’t increase education spending as them, they’re not going away,” said Rep. Linda the foundation for future school success. he had proposed, or include his reform propos- Slocum (DFL-Richfield), so it makes sense The law expands a pilot Quality Rating and als, such as several teacher-training programs, “to make them more responsive and more Improvement System for child care facilities his Pay for Progress incentive or a statewide responsible and better in our communities.” to help parents gauge their child care choices implementation of the alternative teacher com- The responsibilities of charter school by considering how programs address school pensation plan known as Q Comp. authorizers (formerly known as sponsors) readiness, as well as other factors like safety The governor isn’t the only one who isn’t are strengthened and the fees they may and family support. It establishes a Minnesota thrilled. charge increased; a more rigorous process for Reading Corps to train Head Start teachers “There’s a big gap between where this application to open a new charter school is in literacy instruction, and requires that (law) is and where it could be,” said Rep. Pat established; board financial training is required pre-kindergarten and elementary teacher Garofalo (R-Farmington), the House K-12 and conflict of interest rules clarified. candidates must successfully complete a Education Finance Division minority lead. School boards may now approve site- reading instruction assessment as part of their “It cuts $185 million from the governor’s governed schools, which function as a kind exam for licensure. education budget. It lacks reform.” of hybrid of charter and district schools Integration revenue, the $92 million funding The law isn’t exactly what Greiling hoped that allow teachers freedom to innovate category intended to reduce segregation for either, because it does not include the while retaining district status, especially to through cross-cultural programs, magnet proposal to stabilize and simplify education reach students not well served by traditional funding, known as the “new Minnesota schools. Rep. John Benson (DFL-Minnetonka) Education continued on next page

44 Session Weekly May 29, 2009 Education continued from previous page plans to be approved by their boards, or in the “I think we are really going to need you case of the Minneapolis, St. Paul and Duluth to step up not just simply to protect the schools and other means, is an old-school districts, by the education commissioner, wonderful schools and school districts that response to concerns about making sure all before integration revenue is awarded. you have,” Mariani said, “but to really be children get a high-quality education. The As classrooms in every corner of the state courageous about suggesting different ways program was scrutinized by the Office of are absorbing a demographic transition to to restructure, if you will, the delivery of K-12 the Legislative Auditor in 2005 and found a more diverse, less affluent and sometimes education.” wanting. The new law redefines its purpose more mobile student body, Mariani issued a HF2*/SF1328/CH96 to include closing the achievement gap and gentle challenge to what he called the “E-12 requires school districts’ integration budget establishment.”

Minnesota’s representation in Washington, D.C.

U.S. Representatives First District 250 Prairie Center Drive, Suite 230 6043 Hudson Rd., Suite 330 SW/WC 1420 East Tim Walz (DFL) Eden Prairie, MN 55344 Woodbury, MN 55125 College Drive 1529 Longworth 952-405-8510 651-731-5400 Marshall, MN 56258 House Office Building Fax: 952-405-8514 Fax: 651-731-6650 507-537-2299 Washington, D.C. 20515 Fax: 507-537-2298 202-225-2472 Web site: paulsen.house.gov 110 Second St. S., Suite 232 Fax: 202-225-3433 Access to e-mail through Web site Waite Park, MN 56387 Web site: collinpeterson.house.gov 320-253-5931 Access to e-mail through Web site 1134 Seventh St. N.W. Fourth District Fax: 320-240-6905 Rochester, MN 55901 Betty McCollum (DFL) Eighth District 507-206-0643 1714 Longworth Web site: bachmann.house.gov James L. Oberstar (DFL) Fax: 507-206-0650 House Office Building Access to e-mail through Web site 2365 Rayburn Washington, D.C. 20515 House Office Building 227 E. Main St., Suite 220 202-225-6631 Seventh District Washington, D.C. 20515 Mankato, MN 56001 Fax: 202-225-1968 Collin Peterson (DFL) 202-225-6211 507-388-2149 2211 Rayburn Fax: 202-225-0699 Fax: 507-388-6181 165 Western Ave. N., Suite 17 House Office Building 877-846-9259 St. Paul, MN 55102 Washington, D.C. 20515 231 Federal Building 651-224-9191 202-225-2165 Duluth, MN 55802 Web site: walz.house.gov Fax: 651-224-3056 Fax: 202-225-1593 218-727-7474 Access to e-mail through Web site Fax: 218-727-8270 Web site: Minn. Wheat Growers Bldg. (TTY) 218-727-7474 Second District www.mccollum.house.gov 2603 Wheat Drive John Kline (R) Access to e-mail through Web site Red Lake Falls, MN 56750 Chisholm City Hall 1210 Longworth 218-253-4356 316 Lake St. House Office Building Fifth District Fax: 218-253-4373 Chisholm, MN 55719 Washington, D.C. 20515 Keith Ellison (DFL) 218-254-5761 202-225-2271 1130 Longworth 100 N. First St. Fax: 218-254-5132 Fax: 202-225-2595 House Office Building Montevideo, MN 56265 Washington, D.C. 20515 320-269-8888 Brainerd City Hall 101 W. Burnsville Pkwy. 202-225-4755 (Open Tuesdays only) 501 Laurel St. Suite 201 Fax: 202-225-4886 Brainerd, MN 56401 Burnsville, MN 55337 230 E. Third St. 218-828-4400 952-808-1213 2100 Plymouth Ave. P.O. Box 50 Fax: 218-828-1412 Fax: 952-808-1261 Minneapolis, MN 55411 Redwood Falls, MN 56283 612-522-1212 507-637-2270 38625 14th Ave., Suite 300B Web site: kline.house.gov Fax: 612-522-9915 (Open Tuesdays only) North Branch, MN 55056 Access to e-mail through Web site 651-277-1234 Web site: ellison.house.gov 714 Lake Ave., Suite 107 Fax: 651-277-1235 Third District Access to e-mail through Web site Detroit Lakes, MN 56501 218-847-5056 Web site: Erik Paulsen (R) Fax: 218-847-5109 www.oberstar.house.gov 126 Cannon Sixth District Access to e-mail through Web site. House Office Building Michele Bachmann (R) 320 Fourth St. S.W. Washington, D.C. 20515 107 Cannon Centre Point Mall 202-225-2871 House Office Building Willmar, MN 56201 Fax: 202-225-6351 Washington, D.C. 20515 320-235-1061 202-225-2331 Fax: 320-235-2651 Fax: 202-225-6475

45 Session Weekly May 29, 2009 JANUARY 6 - MAY 23, 2009 Governor’s Desk CHAPTERS 1 - 179

Bills not acted upon in 2009 could come to life in 2010

hen the gavel came down on the The future of any bill depends upon where • House files amended by the Senate coming legislative session at midnight it was in the process when session ended: back for concurrence are available to take W May 18, it didn’t put an end to the • Bills on the General Register return to the up when session begins. business of the 86th session. last standing committee or division where • Bills pending before the rules committee of ei- Minnesota is one of several states operating they were acted upon. The rules also ap- ther body return to the standing committee on a biennium: the first year is used to set the ply to any bill up for consideration on the to which the bill was previously referred. state budget, and the second year is generally Consent Calendar, Calendar for the Day • Bills vetoed by the governor are returned used to consider capital investment projects. or the Fiscal Calendar. to the body where the bill originated and Unlike the second year, when legislators • For appointed conference committees that tabled. adjourn sine die, which means “without have not submitted a report upon adjourn- • Bills remaining in standing committees a day,” in the first year a date for return is ment, the bill returns to the body where can be taken up in the second year of the established. The Legislature is scheduled to it originates and is laid on the table. The biennium in the committee to which they reconvene Feb. 4, 2010, at noon. conference committee is discharged. were referred. Of the 2,407 bills introduced in the House • Bills that passed one body and not the other For information on how a bill becomes and 2,166 in the Senate, only 179 were passed remain alive for the second year of the law, go to www.house.leg.state.mn.us/hinfo/ by both bodies and sent to the governor. So, biennium. The house that approved the govser/GOVSER6.pdf or call House Public what happened to the remaining bills? Some bill in the first year need not repass the bill Information Services at 651-296-2146 or were duplicates, some were folded into other in the second. 800-657-3550 and request the Minnesota State bills, but most are sitting in limbo, waiting for Government Series State Law Process. possible action in the 2010 session. — L. Sc h u t z

New Laws and their effective dates Editor’s note: The following chart includes Effective dates for new laws • Upon local approval the 179 bills that passed both the House and Each act takes effect at 12:01 a.m. on the day A special law requiring approval from the the Senate and were sent to the governor for stated in the act itself, unless it specifies a local government unit it affects becomes consideration. The bills are, for the most part, different time. Examples: effective the day after the local government sorted according to the committee of origin. • Aug. 1, 2009 unit’s governing body files a certificate with An asterisk marks the version of the bill the Each act the governor signs into law, except the secretary of state, unless the act specifies House and Senate approved and sent on to those that make appropriations, take effect a later date. the governor. on Aug. 1 following final enactment, unless • Various Here are definitions of some of the terms the act specifies a different date. Different parts of the act have different ef- used in the chart. • July 1, 2009 fective dates. An appropriations act, an act spending • with exceptions Governor’s options money, takes effect at the beginning Act includes other effective dates. • with qualifications • enactment of the first day of July following its final Act adds conditions to the effective date. The date the governor signed the bill into enactment, unless the act specifies a dif- • retroactive law. ferent date. Act goes into effect as of a specified date • line-item veto • Day after enactment in the past. The power or action of the governor to reject The act becomes effective the day after the individual items within an appropriations bill governor signs it. while approving the rest of the bill. • veto The governor did not approve the bill.

46 Session Weekly May 29, 2009 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

AGRICULTURE 1122* Juhnke 1779 Vickerman Omnibus agriculture and veterans affairs bill. 94 Line-item vetoed BONDING 855* Hausman 781 Langseth Omnibus bonding bill. 93 Line-item vetoed BUDGET 886* Solberg 824 Cohen General Fund balance allocation exempted at end of fiscal year 2009. 5 3/2/2009 117 Solberg 95* Cohen Deficiency funding provided for certain state agencies, and money appropriated. 13 4/6/2009 none 2141* Pogemiller Continuing appropriations for state agencies. 100 Vetoed 2251* Solberg 1938 Cohen Federal stimulus oversight funding allocated for certain state agencies. 177 5/21/2009 BUSINESS 1717 Atkins 1711* Dahle Motor vehicle sales and distribution regulation. 34 5/6/2009 none 1910* Dahle Commerce provisions modifications. Salespersons and appraisers licensing and regulations 63 5/12/2009 and continuing education requirements. 2082 Hortman 1810* Scheid Uniform Disclaimer of Property Interests Act. 67 5/12/2009 1685 Davnie 1431* Tomassoni Motor vehicle dealers unreimbursed expenses deduction from wages regulation. 69 5/12/2009 CONSUMERS 1615 Sanders 743* Dahle Petroleum standards updated, biodiesel blends and fuels standards established. 17 4/16/2009 326 Clark 247* Rummel Bisphenol-A products prohibition for young children. 40 5/7/2009 1648 Sailer 1486* Higgins Electronic products recycling (e-waste) manufacturer and retailer responsibilities 42 5/7/2009 modifications. 1306 Hornstein 122* Dibble Cocoa bean shell mulch retail sellers warning sign posting requirement. 47 Vetoed 854 Lesch 298* Anderson Cell phones unauthorized use customer liability limits. 54 5/9/2009 819* Atkins 759 Latz Unfair ticket sales prohibited. 61 5/11/2009 914 Davnie 806* Dahle Consumer short-term (pay day) loan lending regulation. 68 5/12/2009 420* Laine 776 Latz Existing statutory implied residential construction warranties required to be made as express 91 5/16/2009 warranties. 239* Gardner 6 Latz Homeowners permitted to recover certain damages incurred due to faulty construction. 103 Vetoed 412* Bunn 470 Rummel Home owner warranty claims statute of repose adjusted. 104 Vetoed 330* Scalze 264 Fobbe Homeowners provided with a longer period within which to notify contractors of construction 112 Vetoed defects. 1476* Atkins 1313 Scheid Liquor licensing requirements clarified and modified. 120 5/20/2009 528 Davnie 489* Clark Reverse mortgage provisions modifications. 127 Vetoed 1853* Atkins 1653 Sparks Miscellaneous commerce provisions. 178 5/22/2009 CRIME 1639 Morrow 1436* Lourey Sex offender program provisions modifications. 111 5/20/2009 818* Hilstrom 758 Moua Vulnerable adults financial exploitation, investigation, protection and cause of action 119 5/21/2009 establishment. 1505* Paymar 1514 Pappas Data on human trafficking, criminal penalties increased for promoting prostitution/sex 137 5/21/2009 trafficking offenses. 1213 Hortman 1009* Torres Ray Prostitution penalty enhancement clarification; crime of prostitution in a public place 170 5/21/2009 expansion. DEVELOPMENT 1169 Rukavina 2081* Tomassoni Omnibus economic development and housing appropriations. 39 Vetoed 2088* Rukavina 1926 Tomassoni Omnibus Economic Development bill. 78 Line-item vetoed

May 29, 2009 Session Weekly 47 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

EDUCATION 1040 Shimanski 811* Dille McLeod West; ISD 2887 reorganization operating debt bonds issued. 20 4/16/2009 2* Greiling 1328 Stumpf Omnibus K-12 education bill. 96 5/16/2009 648 Mariani 567* Saltzman Cardiopulmonary resuscitation and automated external defibrillator instruction requirement. 107 5/19/2009 ELECTIONS 300 Davnie 284* Higgins First-class cities major political party caucuses privileges application. 99 Vetoed 1053* Simon 660 Marty Maintaining the voter registration system, and automatic voter registration. 133 Vetoed 1351 Winkler 1331* Sieben Omnibus elections provision bill. 162 5/22/2009 EMPLOYMENT 4 Mahoney 4* Metzen Unemployment; new base period for calculating benefits and a limited extension of benefits 1 1/29/2009 provided. 1227 Rukavina 1197* Tomassoni Minnesota law conformed to the requirements necessary to receive federal stimulus funds, 15 4/8/2009 and money appropriated. 1048 Brynaert 643* Sheran Eligibility for unemployment benefits under certain training programs provided. 25 4/27/2009 2040 Urdahl 1454* Saltzman Shared work plan establishment. 27 4/30/2009 334* Hilstrom 683 Scheid Garnishment instructions, forms, procedures, and exemptions modified. 31 5/1/2009 1850 Haws 1569* Clark Workforce development; local workforce council representative requirements modifications. 65 5/12/2009 1678 Nelson 1476* Bakk Workers compensation provisions modifications. 75 5/12/2009 1218 Lillie 1036* Metzen State labor contracts ratification. 85 5/16/2009 925* Sertich 1368 Dibble Dissemination and calculation of the state unemployment rate regulated. 135 Vetoed ENERGY 863 Hilty 550* Prettner Omnibus energy conservation provisions; nuclear power plant certificate of need issuance 110 5/19/2009 Solon prohibition elimination. 680 Kalin 657* Anderson Federal stimulus energy programs funding direction and appropriations. 138 5/21/2009 ENVIRONMENT 1756 Kath 1329* Frederickson Federal funds allocated for clean water and drinking water loans and grants, money 16 4/8/2009 appropriated. 2123* Wagenius 1915 Rummel Omnibus environment and natural resources bill. 37 Line-item vetoed 1539 Rosenthal 640* Kelash Public waters temporary drawdown. 48 5/7/2009 569 Sailer 477* Doll Paint stewardship pilot program; used architectural paint collection and processing. 121 Vetoed 2049 Wagenius 1012* Anderson Environment and natural resources appropriations. 143 Line-item vetoed FAMILY 632 Jackson 412* Moua Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. 46 5/7/2009 265* Hortman 262 Scheid Disposition of items on death references clarified. 117 5/20/2009 695 Hilstrom 548* Betzold Marriage provisions modifications. 129 5/20/2009 804* Thissen 951 Moua Guardian and conservator governing provisions modified. 150 5/22/2009 1709 Hosch 1503* Torres Ray Child welfare provisions modifications; birth records disclosure provisions affidavit filing by 163 5/22/2009 birth parents requirement. GAMBLING 1511 Atkins 1284* Lourey Lawful gambling regulation provisions modifications. 124 5/20/2009 GAME AND FISH 1237* Eken 1110 Chaudhary Natural resources and state park provisions modified. 176 5/22/2009

48 Session Weekly May 29, 2009 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

GOVERNMENT 100 Winkler 94* Latz I-35W bridge collapse survivor compensation process provisions clarified, indemnification 4 2/24/2009 rights specified. 801* Pelowski 779 Gimse State report and document laws modified. 32 5/1/2009 1857 Pelowski 532* Rest Electronic mail (e-mail) notification for department of administration rule proposals and 71 5/12/2009 hearings. 456 Johnson 764* Moua State agencies electronic meetings authority. 80 5/15/2009 1171 Jackson 1096* Moua Revisor’s bill. 86 5/16/2009 111* Winkler 131 Bonoff Divestment required from certain investments relating to Iran. 90 5/16/2009 none 2082* Betzold Omnibus state government appropriations. 101 5/16/2009 1193* Koenen 1011 Latz Department of Corrections and Department of Employment and Economic Development 126 5/21/2009 claims settlement provided, and money appropriated. HEALTH 1554 Winkler 1462* Prettner Public health emergencies and pandemics medication mass dispensing authority; isolation 41 5/7/2009 Solon and quarantine. 286 Clark 245* Berglin Equal Access to Acupuncture Act and Edith R. Davis memorial. 45 5/7/2009 665 Swails 615* Prettner Hennepin County specialty psychiatric hospital construction project moratorium exception. 51 5/7/2009 Solon 521 Thissen 457* Higgins Volunteer health practitioners licensed in other states provisions modifications. 72 5/12/2009 1362* Huntley 695 Berglin Omnibus health and human services finance bill. 79 Line-item vetoed 120 Hosch 203* Kubly Health cooperative arrangements oversight. 97 5/16/2009 1322 Thissen 1890* Lourey Health information technology and infrastructure and electronic health record system. 102 5/19/2009 1448 Mullery 1887* Marty Health care agents information release and agent quarantine access; public safety depart- 108 5/19/2009 ment traffic accident reporting modification. 1745* Ruud 1445 Marty Department of health technical provisions. 157 5/21/2009 53 Murphy, E. 29* Sheran Pharmacy practice influenza vaccines administration provision clarification. 161 5/22/2009 292 Rukavina 97* Murphy Medical use of marijuana. 166 Vetoed HIGHER EDUCATION none 2083* Pappas Omnibus higher education appropriations. 95 Line-item vetoed HOUSING 1394 Hayden 1147* Higgins Vacant, abandoned and nuisance property modifications. 123 5/20/2009 995 Mullery 1302* Fobbe Mortgage foreclosure procedures modification. 130 5/20/2009 211* Swails 170 Saltzman Statutory housing warranties recovery for breaches regulated. 136 Vetoed 362* Knuth 362 Dahle Homeowner notice requirements modified. 140 Vetoed 903 Mullery 708* Fobbe Mortgage foreclosure consultants provisions modifications. 141 5/21/2009 354* Hilstrom 340 Scheid Mortgage foreclosure proceedings on homestead property mediation provided. 154 Vetoed HUMAN SERVICES 177 Thissen 162* Berglin Moratorium on radiation therapy facility construction extended in certain counties. 6 3/11/2009 782 Sterner 978* Erickson Shaken baby syndrome training requirements changed in licensed programs. 26 4/27/2009 Ropes 940 Zellers 729* Rest Hennepin County human resources board modifications; Victory Memorial Drive historic 50 5/7/2009 district task force sunset extension. 388 Bigham 431* Betzold Civil commitment clinical drug trials participation prohibition. 58 5/11/2009 936* Thissen 839 Sheran Communities for a lifetime criteria specified. 60 5/11/2009

May 29, 2009 Session Weekly 49 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

985 Hayden 666* Marty Children aging out of foster care provisions modified. 106 5/19/2009 285 Clark 213* Erickson WIC coupons cost neutral organic food purchase authorization. 114 5/20/2009 Ropes 545 Champion 763* Moua Civil rights restoration notice requirements. 116 Vetoed 702* Hilstrom 561 Moua State expenditure pilot project on children authorized for various purposes. 132 5/21/2009 1750 Abeler 1447* Lourey Human services licensing bill. 142 5/21/2009 266 Fritz 711* Marty Children with developmental disabilities services costs requirements modification. 145 5/21/2009 581 Hosch 501* Lynch Disabled children’s services medical assistance services availability expansion. 147 5/21/2009 1760* Thissen 1526 Lourey Continuing care provisions modifications. 159 5/22/2009 1708 Hosch 1504* Berglin Mental health provisions modifications. 167 5/22/2009 1276* Norton 986 Lynch County human services mandates modified. 174 5/22/2009 1728* Loeffler 1509 Torres Ray Child care programs, program integrity, and adult supports including general assistance 175 5/22/2009 medical care. HUMANITIES 422 Obermueller 237* Carlson Fallen Firefighters Memorial Day designation. 87 5/15/2009 1825 Urdahl 1623* Dille Resolution to urge the President and Congress to repeal the federal legislation of 1863 171 5/21/2009 ordering the removal of Dakota people from Minnesota and the Dakotas. 1231* Murphy, M. 1651 Cohen Omnibus cultural and outdoor resources finance bill. 172 Line-item vetoed INDUSTRY 1056* Howes 638 Scheid Construction subcontractors prompt payment required, and progress payments and 66 5/12/2009 retainages regulated. 1813 Juhnke 1425* Skoe Grain elevators and feed mills manlifts and platform wheelchair lifts and elevators in 76 5/12/2009 churches. 813 Johnson 910* Tomassoni Independent contractor definition clarifications. 89 5/16/2009 1532 Kalin 1288* Olseen Secretary of State filings provisions modifications. 98 5/16/2009 INSURANCE 2138 Atkins 1904* Scheid Health coverage limited extension of continuation election period. 33 5/6/2009 1823 Simon 1754* Kubly Church benefits board as trustee authorization. 43 5/7/2009 704 Knuth 166* Scheid Insurable Interest Act (STOLI). 52 5/9/2009 1789 Fritz 1611* Sparks Nonprofit insurance trust self-insurance authorization. 53 5/9/2009 1719 Atkins 1539* Gerlach Viatical (life insurance) settlement model. 62 5/12/2009 417* Atkins 528 Bakk Third-party administrators of health coverage plans, health claims clearinghouse regulated. 148 5/22/2009 1988* Murphy, E. 1924 Berglin Managed care plan and county-based purchasing plan provider reimbursement rate 173 5/22/2009 information report required. LAW 332 Jackson 261* Latz Transfer on death deeds technical modifications. 30 4/30/2009 348* Lesch 297 Anderson Law prohibiting sheriffs, deputy sheriffs, and coroners from practicing law repealed. 118 5/21/2009 1529* Mullery 798 Betzold Attorney or agent fees dollar limitation removed. 125 5/19/2009 1482 Thissen 1208* Dibble Medical assistance claims and liens against estates provisions modifications. 160 5/21/2009 LOCAL GOVERNMENT 329 Reinert 212* Prettner Boiler operation regulation exception provided. 2 2/20/2009 Solon 56* Hosch 55 Fischbach Stearns County; grantee for parks appropriation corrected. 7 3/23/2009

50 Session Weekly May 29, 2009 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

951 Lillie 896* Wiger Two or more existing municipal power agencies authorized to form a new municipal power 19 4/16/2009 agency. 1501 Westrom 1489* Ingebrigtsen Central Lakes region sanitary district dissolution. 44 5/7/2009 955 Morrow 275* Frederickson Minnesota River basin joint powers board name change to Minnesota River board and 49 5/7/2009 provisions modifications. 1670 Mariani 1033* Marty Local government rent control provisions modification. 81 Vetoed 1275* Poppe 1449 Fobbe Sewage treatment systems provisions modified. 109 5/19/2009 17 Sertich 79* Tomassoni Central Iron Range sanitary sewer district establishment. 122 5/20/2009 1946 Seifert 1477* Frederickson Redwood County Gilfillan Estate state building code limited exemption authority. 146 5/21/2009 519* Nelson 747 Rest Nonconforming lots in shoreland areas regulated. 149 5/21/2009 1849* Nelson 1544 Rest Local governmental unit mandates removed, extended, and modified. 152 5/22/2009 MILITARY 433 Obermueller 236* Carlson Medal of Honor day designated as March 25. 8 4/1/2009 1400 Kalin 1142* Murphy Honoring All Vietnam Era Veterans Day enacted. 10 4/3/2009 1127 Eastlund 1794* Clark National Guard and reserve members pay differential conditions clarification. 84 5/16/2009 RECREATION 865* Welti 983 Lynch Wabasha and Olmsted counties; Great River Ridge Trail established. 11 4/3/2009 RETIREMENT 723 Murphy, M. 191* Betzold Omnibus retirement provisions modifications. 169 5/22/2009 SAFETY 254 Thissen 265* Kelash Crime alerts required to be distributed in a format that people with disabilites can access. 22 4/16/2009 525 Mullery 462* Latz DWI ignition interlock device pilot program expansion. 29 4/30/2009 1242* Seifert 1146 Frederickson Brandon’s law established, and procedures implemented for investigating missing person 38 5/7/2009 cases. 1820 Rosenthal 1172* Koch Alcohol and controlled substance testing exemption extension. 55 5/9/2009 1301* Hilstrom 993 Moua Omnibus public safety policy bill. 59 5/11/2009 842 Olin 675* Kubly Ambulance emergency medical services technical changes. 70 5/12/2009 1097 Hansen 1408* Metzen Aircraft laser discharge criminal penalties. 73 5/12/2009 1293 Loeffler 1217* Higgins Emergency medical transport provisions modifications. 74 5/12/2009 267 Hortman 99* Carlson Motor vehicle operators child restraint systems use requirement expansion. 82 5/15/2009 1657 Paymar 802* Higgins Omnibus public safety appropriations. 83 5/15/2009 988* Mariani 738 Limmer REAL ID Act implementation prohibited. 92 5/15/2009 1677* Simon 1452 Moua Sex offenders excluded from the Safe at Home program. 105 5/19/2009 668* Morrow 782 Olseen Post crash procedures provided for school buses in accidents. 113 5/19/2009 523* Bigham 402 Saltzman School background check requirements modified relating to disciplinary actions. 115 5/19/2009 448 Mullery 707* Saxhaug 911 system referral to mental health crisis teams authorization. 128 5/20/2009 954 Lesch 722* Kelash National Instant Criminal Background Check System information transmittal for persons 139 5/21/2009 civilly committed. 1805 Atkins 1219* Rest Firefighters licensing standards. 153 5/22/2009 1328* Thissen 1235 Marty Youth violence addressed as a public health problem. 156 5/21/2009 1198 Davnie 971* Dibble School harassment, bullying, intimidation, hazing and violence policy clarification. 164 Vetoed 108* Norton 42 Murphy Seat belt violation made a primary offense in all seating positions regardless of age, and 165 5/21/2009 increased speed limit provided when passing.

May 29, 2009 Session Weekly 51 2009 MINNESOTA LEGISLATURE F i n a l Ac t i o n a s o f Ma y 23, 2009

HF—House File R—Resolution *—bill the governor SF—Senate File CH—Chapter signed or vetoed

HF Author SF Author Description CH Enactment

TAXES 95 Lenczewski 49* Bakk Health Insurance premium credit created. 3 2/20/2009 392* Lenczewski 252 Bakk Internal Revenue Code federal update provided, and net income and payment of corporate 12 4/3/2009 franchise tax refunds computation modified. 1073 Solberg 832* Bakk Income tax; exception extended to minimum contacts required for jurisdiction to ownership 14 4/6/2009 of property on the premises of a printer. 885* Lenczewski 681 Bakk Tax bill. 77 Vetoed 1298* Lenczewski 1257 Bakk Tax policy bill. 88 5/16/2009 2323* Lenczewski 2074 Bakk Omnibus tax bill. 179 Vetoed TECHNOLOGY 868 Mahoney 684* Sheran Bioscience business development public infrastructure grant program expansion. 35 5/6/2009 1149 Juhnke 926* Sparks Telecommunications service providers reduced rate regulation and promotion activities 57 5/11/2009 provisions. 1744* Hilty 1600 Rest Technology accessibility standards created for the state, rulemaking authorized. 131 5/21/2009 1250* Hornstein 916 Dibble Electric vehicle infrastructure regulated. 134 5/21/2009 384* Thissen 704 Dahle Technology standards and tools developed to exchange information electronically between 155 5/22/2009 groups. TRANSPORTATION 1797* Lieder 1511 Murphy Federal economic recovery transportation funds receipt and appropriation provided. 9 4/1/2009 121 Sailer 451* Skoe Memorial signs erected on designated highways governing provision modified. 18 4/16/2009 619 Hornstein 757* Carlson Public Safety Department authorized to collect fuel decal fee. 21 4/16/2009 110 Anzelc 335* Saxhaug Irv Anderson Memorial Highway designated. 23 4/16/2009 116 Ward 33* Olseen Type III school bus driver qualifications modified. 24 4/23/2009 486* Eastlund 1183 Olseen Trunk highway system routes removed. 28 4/30/2009 1309* Lieder 1276 Murphy Omnibus transportation finance bill. 36 5/7/2009 1421 Scott 1467* Fobbe Rural residential district speed limits. 56 5/9/2009 1816 Morrow 1876* Carlson Miscellaneous transportation department (DOT), motor carriers and highways provisions 64 5/12/2009 modifications. 1204 Dean 1091* Vandeveer Stillwater lift bridge trucks prohibition. 144 5/21/2009 928* Hornstein 1455 Murphy Omnibus transit and transportation policy bill. 151 Vetoed 571 Sailer 492* Skogen Mini truck use and operation regulation. 158 5/21/2009 878* Hortman 746 Rest MnDOT agency provisions. 168 5/22/2009

Frequently called numbers Area code 651 House Public Information Services House Index Senate Index 175 State Office Building...... 296-2146 211 Capitol...... 296-6646 110 Capitol...... 296-2887 Meeting Hotline, House Senate Information Meeting Hotline, Senate 175 State Office Building...... 296-9283 231 Capitol...... 296-0504 231 Capitol...... 296-8088 Chief Clerk of the House Secretary of the Senate 211 Capitol...... 296-2314 231 Capitol...... 296-2344 Voice mail/order bills...... 296-2343

52 Session Weekly May 29, 2009 M AY 15 - 18, 2009 BILL INTRODUCTIONS House files 2389 - 2407

Friday, May 15 Sunday , May 17 HF2403-Dettmer (R) State & Local Government Operations HF2389-Hausman (DFL) HF2395-Falk (DFL) Reform, Technology & Elections Health Care & Human Services Policy & Rules & Legislative Administration Temporary successors provided to members of Oversight Unallotment authority repealed. the Legislature called into active military service, Health facilities authority feasibility and potential i mplement at ion of s t at utor y l a ng u a ge prov ide d a nd benefit study and report required. HF2396-Johnson (DFL) constitutional amendment proposed. Commerce & Labor HF2390-Faust (DFL) Cable communication system regulation amended HF2404-Brod (R) Energy Finance & Policy Division and state-authorized video service provider Taxes Carbon sequestration exemption to greenhouse gas regulation provided. Additional personal exemption allowed and an control plan provided. alternate even rate tax provided. HF2397-Slawik (DFL) K-12 Education Policy & Oversight Public school theft reports of financial and property Monday, May 18 Saturday, May 16 loss required. HF2391-Dill (DFL) HF2405-Reinert (DFL) HF2398-Urdahl (R) Finance State & Local Government Operations Finance Metropolitan area shooting sports facility funding Reform, Technology & Elections Wright County; Bertram Chain of Lakes Regional provided. Temporary successors provided to members of Park funding provided. the Legislature called into active military service; HF2392-Atkins (DFL) implementation of statutory language provided. HF2399-Mahoney (DFL) Commerce & Labor Finance C l a i m s pr ac t ic e s re g u l ate d for c er t a i n home ow ner’s HF2406-Mariani (DFL) St. Paul; regional baseball facility funding or property claims. Finance provided. Jobs created through rehabilitation and construc- HF2393-Nelson (DFL) tion of affordable housing and through green HF2400-Morrow (DFL) Commerce & Labor energy investments in public buildings; nonprofit Taxes Building and construction contracts regulated, housing bonds authorized; emergency employment Agricultural property tax credit provided for certain conditions on payments to subcontractors development program established. property used in a farm operation that has incurred prohibited and notice of loan defaults required. economic losses due to the H1N1 virus. HF2407-Gardner (DFL) HF2394-Faust (DFL) Environment Policy & Oversight HF2401-Gunther (R) Energy Finance & Policy Division Product stewardship framework operated and Finance Carbon dioxide emissions by utilities provisions funded by producers to collect, recycle and Pork producers funding provided and money modified. dispose of products at the end of their useful lives, appropriated. account created, civil penalties provided and report required. HF2402-Gardner (DFL) Commerce & Labor Lead acid battery recycling purchase, return and collection regulated.

Constitutional Officers Governor Secretary of State Attorney General TIM PAWLENTY (R) MARK RITCHIE (DFL) LORI SWANSON (DFL) Room 130 State Capitol Election Center Executive Offices 75 Rev. Dr. Martin Luther King Jr. Blvd. Room 180 State Office Building Room 102 State Capitol St. Paul, MN 55155 100 Rev. Dr. Martin Luther King Jr. Blvd. 75 Rev. Dr. Martin Luther King Jr. Blvd. 651-296-3391/800-657-3717 651-215-1440/877-600-8683 St. Paul, MN 55155 Fax: 651-296-2089 Business Services 651-296-6196/800-657-3787 Web site: www.governor.state.mn.us Suite 100 Web site: www.ag.state.mn.us E-mail: [email protected] 60 Empire Drive E-mail: [email protected] St. Paul, MN 55103 Consumer Division Lieutenant Governor 651-296-2803/877-551-6767 1400 Bremer Tower CAROL MOLNAU (R) Web site: www.sos.state.mn.us 445 Minnesota St. Room 130 State Capitol E-mail: [email protected] St. Paul, MN 55101 75 Rev. Dr. Martin Luther King Jr. Blvd. 651-296-3353/800-657-3787 St. Paul, MN 55155 State Auditor (TTY) 651-297-7206 651-296-3391 REBECCA OTTO (DFL) (TTY) 800-366-4812 Fax: 651-296-2089 525 Park St. E-mail: [email protected] Suite 500 St. Paul, MN 55103 651-296-2551/(TTY) 800-627-3529 Web site: www.osa.state.mn.us E-mail: [email protected]

May 29, 2009 Session Weekly 53 2009-2010 Minnesota House of Representatives Phone Phone District Member/Party Room* 651-296- District Member/Party Room* 651-296-

48B Abeler, Jim (R) ...... 203...... 1729 34A Kohls, Paul (R) ...... 313...... 4282 19A Anderson, Bruce (R) ...... 295...... 5063 50A Laine, Carolyn (DFL) ...... 407...... 4331 13A Anderson, Paul (R) ...... 239...... 4317 9A Lanning, Morrie (R) ...... 259...... 5515 43A Anderson, Sarah (R) ...... 217...... 5511 40B Lenczewski, Ann (DFL) ...... 509...... 4218 3A Anzelc, Tom (DFL) ...... 417...... 4936 66A Lesch, John (DFL) ...... 537...... 4224 39B Atkins, Joe (DFL) ...... 503...... 4192 30A Liebling, Tina (DFL) ...... 553...... 0573 35A Beard, Michael (R) ...... 207...... 8872 1B Lieder, Bernard (DFL) ...... 423...... 5091 43B Benson, John (DFL) ...... 517...... 9934 55A Lillie, Leon (DFL) ...... 369...... 1188 57A Bigham, Karla (DFL) ...... 353...... 4342 59A Loeffler, Diane (DFL) ...... 349...... 4219 25B Bly, David (DFL) ...... 557...... 7065 42B Loon, Jenifer (R) ...... 311...... 7449 25A Brod, Laura (R) ...... 291...... 4229 37A Mack, Tara (R) ...... 321...... 5506 27A Brown, Robin (DFL) ...... 337...... 8216 22A Magnus, Doug (R) ...... 253...... 5505 23B Brynaert, Kathy (DFL) ...... 421...... 3248 67A Mahoney, Tim (DFL) ...... 591...... 4277 35B Buesgens, Mark (R) ...... 307...... 5185 65B Mariani, Carlos (DFL) ...... 563...... 9714 56A Bunn, Julie (DFL) ...... 521...... 4244 9B Marquart, Paul (DFL) ...... 597...... 6829 45B Carlson Sr., Lyndon (DFL) ...... 479...... 4255 38A Masin, Sandra (DFL) ...... 527...... 3533 58B Champion, Bobby Joe (DFL) ...... 329...... 8659 53B McFarlane, Carol (R) ...... 223...... 5363 61A Clark, Karen (DFL) ...... 471...... 0294 57B McNamara, Denny (R) ...... 255...... 3135 24B Cornish, Tony (R) ...... 281...... 4240 40A Morgan, Will (DFL) ...... 411...... 4212 31B Davids, Greg (R) ...... 283...... 9278 23A Morrow, Terry (DFL) ...... 415...... 8634 62A Davnie, Jim (DFL) ...... 545...... 0173 58A Mullery, Joe (DFL) ...... 367...... 4262 52B Dean, Matt (R) ...... 287...... 3018 10B Murdock, Mark (R) ...... 213...... 4293 29A Demmer, Randy (R) ...... 245...... 9236 64A Murphy, Erin (DFL) ...... 413...... 8799 52A Dettmer, Bob (R) ...... 251...... 4124 6B Murphy, Mary (DFL) ...... 343...... 2676 6A Dill, David (DFL) ...... 571...... 2190 46A Nelson, Michael V. (DFL) ...... 569...... 3751 47A Dittrich, Denise (DFL) ...... 371...... 5513 49B Newton, Jerry (DFL) ...... 331...... 5369 33B Doepke, Connie (R) ...... 215...... 4315 10A Nornes, Bud (R) ...... 277...... 4946 12B Doty, Al (DFL) ...... 433...... 4247 29B Norton, Kim (DFL) ...... 387...... 9249 41A Downey, Keith (R) ...... 323...... 4363 38B Obermueller, Mike (DFL) ...... 335...... 4128 28B Drazkowski, Steve (R) ...... 247...... 2273 1A Olin, Dave (DFL) ...... 593...... 9635 17A Eastlund, Rob (R) ...... 243...... 5364 11B Otremba, Mary Ellen (DFL) ...... 445...... 3201 2A Eken, Kent (DFL) ...... 575...... 9918 64B Paymar, Michael (DFL) ...... 543...... 4199 19B Emmer, Tom (R) ...... 301...... 4336 31A Pelowski Jr., Gene (DFL) ...... 491...... 8637 20A Falk, Andrew (DFL) ...... 431...... 4228 32A Peppin, Joyce (R) ...... 279...... 7806 8B Faust, Tim (DFL) ...... 567...... 0518 4A Persell, John (DFL) ...... 529...... 5516 26B Fritz, Patti (DFL) ...... 551...... 8237 45A Peterson, Sandra (DFL) ...... 345...... 4176 53A Gardner, Paul (DFL) ...... 581...... 2907 27B Poppe, Jeanne (DFL) ...... 487...... 4193 36B Garofalo, Pat (R) ...... 221...... 1069 7B Reinert, Roger (DFL) ...... 429...... 4246 15A Gottwalt, Steve (R) ...... 231...... 6316 41B Rosenthal, Paul (DFL) ...... 393...... 7803 54A Greiling, Mindy (DFL) ...... 381...... 5387 5A Rukavina, Tom (DFL) ...... 477...... 0170 24A Gunther, Bob (R) ...... 289...... 3240 42A Ruud, Maria (DFL) ...... 515...... 3964 48A Hackbarth, Tom (R) ...... 309...... 2439 2B Sailer, Brita (DFL) ...... 577...... 4265 22B Hamilton, Rod (R) ...... 209...... 5373 51A Sanders, Tim (R) ...... 233...... 4226 39A Hansen, Rick (DFL) ...... 401...... 6828 54B Scalze, Bev (DFL) ...... 451...... 7153 66B Hausman, Alice (DFL) ...... 453...... 3824 49A Scott, Peggy (R) ...... 225...... 4231 15B Haws, Larry (DFL) ...... 473...... 6612 21A Seifert, Marty (R) ...... 267...... 5374 61B Hayden, Jeff (DFL) ...... 539...... 7152 5B Sertich, Anthony “Tony” (DFL) ...... 459...... 0172 46B Hilstrom, Debra (DFL) ...... 379...... 3709 14A Severson, Dan (R) ...... 261...... 7808 8A Hilty, Bill (DFL) ...... 559...... 4308 18A Shimanski, Ron (R) ...... 227...... 1534 36A Holberg, Mary Liz (R) ...... 303...... 6926 44A Simon, Steve (DFL) ...... 375...... 9889 34B Hoppe, Joe (R) ...... 317...... 5066 55B Slawik, Nora (DFL) ...... 403...... 7807 60B Hornstein, Frank (DFL) ...... 437...... 9281 63B Slocum, Linda (DFL) ...... 501...... 7158 47B Hortman, Melissa (DFL) ...... 377...... 4280 33A Smith, Steve (R) ...... 271...... 9188 14B Hosch, Larry (DFL) ...... 565...... 4373 3B Solberg, Loren (DFL) ...... 443...... 2365 4B Howes, Larry (R) ...... 201...... 2451 37B Sterner, Phillip (DFL) ...... 523...... 4306 7A Huntley, Thomas (DFL) ...... 585...... 2228 56B Swails, Marsha (DFL) ...... 409...... 1147 16A Jackson, Gail Kulick (DFL) ...... 531...... 6746 65A Thao, Cy (DFL) ...... 359...... 5158 67B Johnson, Sheldon (DFL) ...... 549...... 4201 63A Thissen, Paul (DFL) ...... 351...... 5375 13B Juhnke, Al (DFL) ...... 485...... 6206 51B Tillberry, Tom (DFL) ...... 583...... 5510 59B Kahn, Phyllis (DFL) ...... 365...... 4257 21B Torkelson, Paul (R) ...... 211...... 9303 17B Kalin, Jeremy (DFL) ...... 579...... 5377 18B Urdahl, Dean (R) ...... 237...... 4344 26A Kath, Kory (DFL) ...... 357...... 5368 62B Wagenius, Jean (DFL) ...... 449...... 4200 60A Kelliher, Margaret Anderson (DFL) ...... 463...... 0171 12A Ward, John (DFL) ...... 533...... 4333 28A Kelly, Tim (R) ...... 241...... 8635 30B Welti, Andy (DFL) ...... 389...... 4378 16B Kiffmeyer, Mary (R) ...... 229...... 4237 11A Westrom, Torrey (R) ...... 273...... 4929 50B Knuth, Kate (DFL) ...... 507...... 0141 44B Winkler, Ryan (DFL) ...... 525...... 7026 20B Koenen, Lyle (DFL) ...... 439...... 4346 32B Zellers, Kurt (R) ...... 315...... 5502

54 Session Weekly May 29, 2009 2009-2010 Minnesota Senate District/Member/Party Room* Phone 651-296- District/Member/Party Room* Phone 651-296- 66 Anderson, Ellen R. (DFL)...... 120 Cap...... 5537 30 Lynch, Ann (DFL)...... G-24 Cap...... 4848 6 Bakk, Thomas M. (DFL)...... 226 Cap...... 8881 54 Marty, John (DFL)...... 328 Cap...... 5645 61 Berglin, Linda (DFL)...... 309 Cap...... 4261 39 Metzen, James P. (DFL)...... 322 Cap...... 4370 51 Betzold, Don (DFL)...... 111 Cap...... 2556 41 Michel, Geoff (R)...... 133 SOB...... 6238 43 Bonoff, Terri E. (DFL)...... 325 Cap...... 4314 67 Moua, Mee (DFL)...... 120 Cap...... 5285 38 Carlson, Jim (DFL)...... G-9 Cap...... 7-8073 28 Murphy, Steve (DFL)...... 325 Cap...... 4264 50 Chaudhary, Satveer S. (DFL)...... 205 Cap...... 4334 17 Olseen, Rick E. (DFL)...... G-24 Cap...... 5419 15 Clark, Tarryl (DFL)...... 208 Cap...... 6455 33 Olson, Gen (R)...... 119 SOB...... 1282 64 Cohen, Richard J. (DFL)...... 121 Cap...... 5931 4 Olson, Mary A. (DFL)...... 124 Cap...... 4913 25 Dahle, Kevin (DFL)...... 320 Cap...... 1279 34 Ortman, Julianne E. (R)...... 125 SOB...... 4837 26 Day, Dick (R)...... 113 SOB...... 9457 65 Pappas, Sandra L. (DFL)...... 120 Cap...... 1802 60 Dibble, D. Scott (DFL)...... 111 Cap...... 4191 36 Pariseau, Pat (R)...... 117 SOB...... 5252 18 Dille, Steve (R)...... 103 SOB...... 4131 59 Pogemiller, Lawrence J. (DFL)...... 235 Cap...... 7809 40 Doll, John (DFL)...... G-9 Cap...... 5975 7 Prettner Solon, Yvonne (DFL)...... G-9 Cap...... 4188 31 Erickson Ropes, Sharon L. (DFL)...... G-24 Cap...... 5649 45 Rest, Ann H. (DFL)...... 205 Cap...... 2889 14 Fischbach, Michelle L. (R)...... 145 SOB...... 2084 35 Robling, Claire A. (R)...... 143 SOB...... 4123 16 Fobbe, Lisa (DFL)...... 306 Cap...... 8075 24 Rosen, Julie A. (R)...... 109 SOB...... 5713 47 Foley, Leo T. (DFL)...... G-24 Cap...... 4154 53 Rummel, Sandy (DFL)...... 323 Cap...... 1253 21 Frederickson, Dennis R. (R)...... 139 SOB...... 8138 56 Saltzman, Kathy L. (DFL)...... 306 Cap...... 4166 37 Gerlach, Chris (R)...... 129 SOB...... 4120 3 Saxhaug, Tom (DFL)...... 124 Cap...... 4136 13 Gimse, Joe (R)...... 105 SOB...... 3826 46 Scheid, Linda (DFL)...... G-9 Cap...... 8869 42 Hann, David W. (R)...... 127 SOB...... 1749 29 Senjem, David H. (R)...... 147 SOB...... 3903 58 Higgins, Linda (DFL)...... 328 Cap...... 9246 23 Sheran, Kathy (DFL)...... G-24 Cap...... 6153 11 Ingebrigtsen, Bill G. (R)...... 123 SOB...... 7-8063 57 Sieben, Katie (DFL)...... 321 Cap...... 7-8060 49 Johnson, Debbie J. (R)...... 135 SOB...... 3219 2 Skoe, Rod (DFL)...... 303 Cap...... 4196 48 Jungbauer, Michael J. (R)...... 121 SOB...... 3733 10 Skogen, Dan (DFL)...... 303 Cap...... 5655 63 Kelash, Ken (DFL)...... 320 Cap...... 7-8061 27 Sparks, Dan (DFL)...... 317 Cap...... 9248 19 Koch, Amy T. (R)...... 115 SOB...... 5981 1 Stumpf, LeRoy A. (DFL)...... 208 Cap...... 8660 12 Koering, Paul E. (R)...... 131 SOB...... 4875 5 Tomassoni, David J. (DFL)...... 317 Cap...... 8017 20 Kubly, Gary W. (DFL)...... 301 Cap...... 5094 62 Torres Ray, Patricia (DFL)...... 124 Cap...... 4274 9 Langseth, Keith (DFL)...... 122 Cap...... 3205 52 Vandeveer, Ray (R)...... 107 SOB...... 4351 44 Latz, Ron (DFL)...... 306 Cap...... 7-8065 22 Vickerman, Jim (DFL)...... 226 Cap...... 5650 32 Limmer, Warren (R)...... 141 SOB...... 2159 55 Wiger, Charles W. (DFL)...... 323 Cap...... 6820 8 Lourey, Tony (DFL)...... 303 Cap...... 0293 *Capitol or State Office Building, St. Paul, MN 55155 Minnesota House and Senate Membership

A Rep. Dave Olin-(DFL) A Rep. Steve Gottwalt-(R) A Rep. Randy Demmer-(R) A Rep. Sarah Anderson-(R) A Rep. Karla Bigham-(DFL) B Rep. Bernie Lieder-(DFL) B Rep. Larry Haws-(DFL) B Rep. Kim Norton-(DFL) B Rep. John Benson-(DFL) B Rep. Denny McNamara-(R) 1Sen. LeRoy A. Stumpf-(DFL) 15 Sen. Tarryl Clark-(DFL) 29 Sen. David H. Senjem-(R) 43 Sen. Terri E. Bonoff-(DFL) 57 Sen. Katie Sieben-(DFL) A Rep. Kent Eken-(DFL) A Rep. Gail Kulick Jackson-(DFL) A Rep. Tina Liebling-(DFL) A Rep. Steve Simon-(DFL) A Rep. Joe Mullery-(DFL) B Rep. Brita Sailer-(DFL) B Rep. Mary Kiffmeyer-(R) B Rep. Andy Welti-(DFL) B Rep. Ryan Winkler-(DFL) B Rep. Bobby Joe Champion-(DFL) 2Sen. Rod Skoe-(DFL) 16 Sen. Lisa Fobbe-(DFL) 30 Sen. Ann Lynch-(DFL) 44 Sen. Ron Latz-(DFL) 58 Sen. Linda Higgins-(DFL) A Rep. Tom Anzelc-(DFL) A Rep. Rob Eastlund-(R) A Rep. Gene Pelowski Jr.-(DFL) A Rep. Sandra Peterson-(DFL) A Rep. Diane Loeffler-(DFL) B Rep. Loren A. Solberg-(DFL) B Rep. Jeremy Kalin-(DFL) B Rep. Greg Davids-(R) B Rep. Lyndon Carlson Sr.-(DFL) B Rep. Phyllis Kahn-(DFL) 3Sen. Tom Saxhaug-(DFL) 17 Sen. Rick E. Olseen-(DFL) 31 Sen. Sharon L. Erickson Ropes-(DFL) 45 Sen. Ann H. Rest-(DFL) 59 Sen. Lawrence J. Pogemiller-(DFL) A Rep. John Persell-(DFL) A Rep. Ron Shimanski-(R) A Rep. Joyce Peppin-(R) A Rep. Michael V. Nelson-(DFL) A Rep. Margaret Anderson Kelliher-(DFL) B Rep. Larry Howes-(R) B Rep. Dean Urdahl-(R) B Rep. Kurt Zellers-(R) B Rep. Debra Hilstrom-(DFL) B Rep. Frank Hornstein-(DFL) 4Sen. Mary A. Olson-(DFL) 18 Sen. Steve Dille-(R) 32 Sen. Warren Limmer-(R) 46 Sen. Linda Scheid-(DFL) 60 Sen. D. Scott Dibble-(DFL) A Rep. Tom Rukavina-(DFL) A Rep. Bruce Anderson-(R) A Rep. Steve Smith-(R) A Rep. Denise Dittrich-(DFL) A Rep. Karen Clark-(DFL) B Rep. Anthony “Tony” Sertich-(DFL) B Rep. Tom Emmer-(R) B Rep. Connie Doepke-(R) B Rep. Melissa Hortman-(DFL) B Rep. Jeff Hayden-(DFL) 5Sen. David J. Tomassoni-(DFL) 19 Sen. Amy T. Koch-(R) 33 Sen. Gen Olson-(R) 47 Sen. Leo T. Foley-(DFL) 61 Sen. Linda Berglin-(DFL) A Rep. David Dill-(DFL) A Rep. Andrew Falk-(DFL) A Rep. Paul Kohls-(R) A Rep. Tom Hackbarth-(R) A Rep. Jim Davnie-(DFL) B Rep. Mary Murphy-(DFL) B Rep. Lyle Koenen-(DFL) B Rep. Joe Hoppe-(R) B Rep. Jim Abeler-(R) B Rep. Jean Wagenius-(DFL) 6Sen. Thomas M. Bakk-(DFL) 20 Sen. Gary W. Kubly-(DFL) 34 Sen. Julianne E. Ortman-(R) 48 Sen. Michael J. Jungbauer-(R) 62 Sen. Patricia Torres Ray-(DFL) A Rep. Thomas Huntley-(DFL) A Rep. Marty Seifert-(R) A Rep. Michael Beard-(R) A Rep. Peggy Scott-(R) A Rep. Paul Thissen-(DFL) B Rep. Roger Reinert-(DFL) B Rep. Paul Torkelson-(R) B Rep. Mark Buesgens-(R) B Rep. Jerry Newton-(DFL) B Rep. Linda Slocum-(DFL) 7Sen. Yvonne Prettner Solon-(DFL) 21 Sen. Dennis R. Frederickson-(R) 35 Sen. Claire A. Robling-(R) 49 Sen. Debbie J. Johnson-(R) 63 Sen. Ken Kelash-(DFL) A Rep. Bill Hilty-(DFL) A Rep. Doug Magnus-(R) A Rep. Mary Liz Holberg-(R) A Rep. Carolyn Laine-(DFL) A Rep. Erin Murphy-(DFL) B Rep. Tim Faust-(DFL) B Rep. Rod Hamilton-(R) B Rep. Pat Garofalo-(R) B Rep. Kate Knuth-(DFL) B Rep. Michael Paymar-(DFL) 8Sen. Tony Lourey-(DFL) 22 Sen. Jim Vickerman-(DFL) 36 Sen. Pat Pariseau-(R) 50 Sen. Satveer S. Chaudhary-(DFL) 64 Sen. Richard J. Cohen-(DFL) A Rep. Morrie Lanning-(R) A Rep. Terry Morrow-(DFL) A Rep. Tara Mack-(R) A Rep. Tim Sanders-(R) A Rep. Cy Thao-(DFL) B Rep. Paul Marquart-(DFL) B Rep. Kathy Brynaert-(DFL) B Rep. Phillip Sterner-(DFL) B Rep. Tom Tillberry-(DFL) B Rep. Carlos Mariani-(DFL) 9Sen. Keith Langseth-(DFL) 23 Sen. Kathy Sheran-(DFL) 37 Sen. Chris Gerlach-(R) 51 Sen. Don Betzold-(DFL) 65 Sen. Sandra L. Pappas-(DFL) A Rep. Bud Nornes-(R) A Rep. Bob Gunther-(R) A Rep. Sandra Masin-(DFL) A Rep. Bob Dettmer-(R) A Rep. John Lesch-(DFL) B Rep. Mark Murdock-(R) B Rep. Tony Cornish-(R) B Rep. Mike Obermueller-(DFL) B Rep. Matt Dean-(R) B Rep. Alice Hausman-(DFL) 10 Sen. Dan Skogen-(DFL) 24 Sen. Julie A. Rosen-(R) 38 Sen. Jim Carlson-(DFL) 52 Sen. Ray Vandeveer-(R) 66 Sen. Ellen R. Anderson-(DFL) A Rep. Torrey Westrom-(R) A Rep. Laura Brod-(R) A Rep. Rick Hansen-(DFL) A Rep. Paul Gardner-(DFL) A Rep. Tim Mahoney-(DFL) B Rep. Mary Ellen Otremba-(DFL) B Rep. David Bly-(DFL) B Rep. Joe Atkins-(DFL) B Rep. Carol McFarlane-(R) B Rep. Sheldon Johnson-(DFL) 11 Sen. Bill G. Ingebrigtsen-(R) 25 Sen. Kevin Dahle-(DFL) 39 Sen. James P. Metzen-(DFL) 53 Sen. Sandy Rummel-(DFL) 67 Sen. Mee Moua-(DFL) A Rep. John Ward-(DFL) A Rep. Kory Kath-(DFL) A Rep. Will Morgan-(DFL) A Rep. Mindy Greiling-(DFL) B Rep. Al Doty-(DFL) B Rep. Patti Fritz-(DFL) B Rep. Ann Lenczewski-(DFL) B Rep. Bev Scalze-(DFL) 12 Sen. Paul E. Koering-(R) 26 Sen. Dick Day-(R) 40 Sen. John Doll-(DFL) 54 Sen. John Marty-(DFL) A Rep. Paul Anderson-(R) A Rep. Robin Brown-(DFL) A Rep. Keith Downey-(R) A Rep. Leon Lillie-(DFL) B Rep. Al Juhnke-(DFL) B Rep. Jeanne Poppe-(DFL) B Rep. Paul Rosenthal-(DFL) B Rep. Nora Slawik-(DFL) 13 Sen. Joe Gimse-(R) 27 Sen. Dan Sparks-(DFL) 41 Sen. Geoff Michel-(R) 55 Sen. Charles W. Wiger-(DFL) A Rep. Dan Severson-(R) A Rep. Tim Kelly-(R) A Rep. Maria Ruud-(DFL) A Rep. Julie Bunn-(DFL) B Rep. Larry Hosch-(DFL) B Rep. Steve Drazkowski-(R) B Rep. Jenifer Loon-(R) B Rep. Marsha Swails-(DFL) 14 Sen. Michelle L. Fischbach-(R) 28 Sen. Steve Murphy-(DFL) 42 Sen. David W. Hann-(R) 56 Sen. Kathy L. Saltzman-(DFL) May 29, 2009 Session Weekly 55 Mi n n e s o t a Ho u s e o f Re p r e s e n t a t i v e s

Pu b l i c In f o r m a t i o n Se r v i c e s

175 St a t e Of f i c e Building

100 Re v . Dr. Ma r t i n Lu t h e r Ki n g Jr. Bl v d .

St. Pa u l , MN 55155-1298

Sp e a k e r o f t h e Ho u s e : Ma r g a r e t An d e r s o n Ke l l i h e r

Ma j o r i t y Le a d e r : An t h o n y “To n y ” Se r t i c h

Minority Le a d e r : Ma r t y Se i f e r t

Fo r Mo r e In f o r m a t i o n

Mi n n e s o t a In d e x For general information, call House Public Information Services at 2009 session 651-296-2146 or 800-657-3550. To have a copy of Session Weekly House files introduced during the 2009 session...... 2,407 mailed to you, subscribe online at: www. In 2007...... 2,552 house.mn/hinfo/subscribesw.asp or call: In 2005...... 2,562 651-296-2146 or 800-657-3550. In 2003...... 1,658 Session Weekly online is available at: Senate files introduced during the 2009 session...... 2,166 www.house.mn/sessionweekly In 2007...... 2,363 In 2005...... 2,340 Subscribe to Session Daily e-mail In 2003...... 1,568 alerts at: www.house.mn/list/join. Bills sent to the governor in 2009...... 179 asp?listname=sessiondaily. In 2007...... 150 Check your local listings to watch television In 2005...... 169 coverage of House committees, floor In 2003...... 133 sessions and select press conferences. Bills signed into law this year...... 149 To obtain a copy of a bill, call the Number of full gubernatorial vetoes in 2009...... 22 Chief Clerk’s Office at 651-296-2314. Line-item vetoes...... 8 Full vetoes in the seven years Tim Pawlenty has been governor...... 78 To learn about bill introductions or the status Line-item vetoes by Pawlenty...... 22 of a specific bill, call the House Index Office Full, line-item vetoes when Jesse Ventura was governor (1999-2002)...... 33, 21 at 651-296-6646. When Arne Carlson was governor (1991-98)...... 127, 52 The House of Representatives can be found on When Rudy Perpich was governor (1983-90)...... 15, 5 the Web at: www.house.mn. Total gubernatorial vetoes (full and line-item) since 1939...... 511 Maximum number of legislative days that lawmakers can meet in regular session People who are deaf and hard of hearing during the biennium...... 120 may ask questions or leave messages by calling the Minnesota Relay service at 711 Number used in 2009...... 58 or 800-627-3529 (TTY). In 2007...... 75 In 2005...... 66 Pages in the 2009 House Journal...... 7,462 In 2007 regular session...... 7,576 In 2005 regular session...... 5,038 Member’s annual salary...... $31,140 Daily House, Senate member per diem...... $77, $96 Time lawmakers are scheduled to reconvene Feb. 4, 2010...... noon Date members reconvened in 2008...... Feb. 12 Date members reconvened in 2006...... March 1 Days from the May 18, 2009, adjournment until legislators reconvene in 2010...... 262 Senate Information — M. Co o k 651-296-0504 or 888-234-1112

Sources: House Public Information Services office; Legislative Reference Library; Senate Index Governor’s Log 2009; Journal of the House; Journal of the Senate. 651-296-5560