SESSION WEEKLY

Taxing cloud sales No suing for super-sizing Preserving Dakota heritage Connecting to your food source

HF608 - HF718

A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 28, NUMBER 8 • FEBRUARY 25, 2011 Flashback to 1991-2001

All aboard!

In his pursuit of a multi-modal transportation system for Minnesota, Gov. Jesse Ventura has recommended $115 million in general-obligation bonding for a commuter rail line between Minneapolis and St. Cloud. The line is projected to cost $231 million, with a funding formula of 50 percent state, Budget ‘nightmare’ or opportunity? 40 percent federal and 10 percent local. Gov. Arne Carlson called for a $958 million reduction in spending for — Session Weekly Feb. 23, 2001 the 1992-1993 biennium, including cuts of $538 million from aid to city and county governments; $173 million to human development programs; and $69 million in higher education funding.

House Speaker Robert Vanasek (DFL-New Prague) called it a budgetary “Nightmare on Elm Street.”

Carlson termed his plan a blueprint for the future, which will significantly restructure government spending while still providing for the state’s neediest citizens.

— Session Weekly Feb. 22, 1991

Contents SESSION WEEKLY Session Weekly is a nonpartisan publication First Reading: Governor calls for sales taxes for some online purchases and of Minnesota House of Representatives services • 3-4 Public Information Services. Produced during session, it covers the previous week’s Highlights: Cheeseburgers, regents, an end to the ballpark tax • 5-16 news from the House. No fee.

Feature: “Exploding” cheeseburger model teaches about agriculture • 17 Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by Feature: Program uses Legacy funds to regain Dakota language • 18-19 Minnesota House of Representatives Public Information Services, 175 State Office Building, Resources: Come to the Capitol • 20 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298. Periodicals postage Bill Introductions: HF608–HF718 • 21-23 paid at St. Paul, Minn., and additional offices. Minnesota Index: State corrections • 24 POSTMASTER: Send address changes to Session Weekly, House Public Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155-1298.

Printed on recycled paper which is 50% recycled, 50% post-consumer content.

On the cover: Brad Randolph, a groundskeeper with Plant Management, digs out a stairwell in front of the State Office Building Feb. 21.The southern half of the state was hit with a heavy snowfall Sunday and Monday. At the Minneapolis-St. Paul International Airport, 75 inches of snow have been recorded this winter, making it one of the snowiest seasons on record. ­— Photo by Tom Olmscheid FIRST READING

Sales in the clouds Governor calls for sales taxes for some online purchases and services

By Lee Ann Schutz This relates to e-commerce and could mean ith high-profile items such as a anything from making online purchases from out-of-state businesses to providing new fourth-tier income tax rate discount coupons on your website. grabbing the attention, some That’s how this provision would affect W Carrie Rocha of Maple Grove, who operates other tax changes in Gov. Mark Dayton’s pocketyourdollars.com. budget proposal may fly under the radar. She told the House Taxes Committee Feb. 23 how her blog’s popularity “exploded,” and it has become her family’s sole financial For instance, if you support. Approximately 45 percent of her purchase items from income is from affiliate revenue, she said. Amazon.com or make your Connie Berg created her own web business, vacation reservations online FlamingoWorld.com, which employs several you could be paying a sales family members. “I am not a seller; I advertise tax. Do you use a DVR for companies. I’m no different than a service from your satellite magazine that has ads in it,” she said. She TV provider? There could be thinks the change would put her out of a new sales tax on that, too. business. “If the nexus tax is passed, there is But if you like to change your not going to be any increase in revenue to the cell phone’s ringtone often, state,” she said, because the host companies, there’s good news: the sales not wanting to be responsible for sales tax tax that you currently pay collection, would drop their Minnesota would go away. affiliates. If you add up the additions these new taxes would Dayton’s other proposed changes make to the state’s bottom If you buy software at a retail outlet, you line, they are a drop in pay sales tax, but if you access the software the proposed $37 billion online (often called cloud computing), you budget bucket. But the don’t. That would change. Dayton’s proposal governor views the changes would “provide clarification and consistency as a way to “create fairness and promote ease of administration.” Plus, it by leveling the playing would bring in about $3.4 million over the field between brick-and- 2012-2013 biennium for the state coffer. mortar businesses,” and to Those who receive their TV service conform the law to changing through a cable provider pay a sales tax on technology. all services including pay-per-view and other Approximately $10.6 services such as DVR, but not all of the same million in sales taxes could services are taxable when sold by a direct be collected through changes satellite service provider. Dayton would have to something known as the all treated fairly. The change would increase affiliate nexus definition General Fund revenue by $2.3 million over — people generally paid by the 2012-2013 biennium. an Internet seller based on photo by tom olmscheid Matt Massman, assistant revenue the number of people who House Taxes Committee members listen Feb. 23 as Connie Berg, commissioner for tax policy, said there are “click through” their site owner of FlamingoWorld.com in Northfield, testifies on the tax approximately 227,000 satellite subscribers to get to the seller’s website. portion of Gov. Mark Dayton’s budget proposal. First Reading continued on page 4

February 25, 2011 Session Weekly 3 First Reading continued from page 3 that would be paid if the consumer made the next biennium, ringtones will no longer the reservation directly with the hotel, even be charged a sales tax to bring the state in in the state with DVRs who would be though in both situations the price of the compliance. affected by the new tax. room is the same. In 1986, Minnesota adopted a bottle Under current law, admission charges Dayton would remove some items from the tax equal to $0.01 per container to help to such things as athletic events, concerts, sales tax list — those cell phone ringtones offset the cost of administering a liquor theaters, dances, the state fair, skating rinks being one. stamping requirement. That requirement, and swimming pools are taxable. Dayton Minnesota partners used as a means to proposes to tax admissions to home and in the Streamlined Sales People who receive their TV service regulate liquors, has been garden, boat, auto and similar consumer and Use Tax Agreement, through a cable provider pay a sales repealed, but the bottle shows and the rental of box seats and suites a voluntary effort by tax continued. According at stadiums. If this change becomes law, tax, but the same service is not tax- a number of states to able when sold by a direct satellite to the Department of projections show an increase of $6.9 million “simplify and modernize Revenue, eliminating the to the biennial bottom line for 2012-2013. the sales and use tax service provider. bottle tax would allow Those accustomed to making lodging administration in states for more efficiency in the reservations online could see some changes in order to substantially reduce the burden administration of liquor taxes. To make up to their bill, and the state would see an of sales tax administration for all sellers and the lost revenue, the excise tax on wine and approximate $8.6 million addition to the all types of commerce.” distilled spirits would be increased by $0.01 General Fund. But the state is out of compliance when per liter. Beer would not be affected. According to the Department of Revenue, it comes to ringtones. Under current state Massman said the governor’s tax proposals consumers pay less tax if they reserve a hotel law, ringtones are a taxable service, but are being drafted into bills, and could come room through an intermediary, such as a other digital audio downloads are not. At before the committee for action within two travel agent, compared to the amount of tax a cost of about $410,000 to the state over weeks.

Mayors respond

photo by tom olmscheid Cloquet Mayor Bruce Ahlgren responds to questions during a Feb. 23 news conference by members of the Coalition of Greater Minnesota Cities, where they urged legislators to work together on a budget compromise that would hold down property taxes and limit cuts to critical community services. Other coalition members attending the news conference are, from left, Janesville Mayor Mark Novak, Glencoe Mayor Randy Wilson, Red Wing Finance Director Marshall Hallock, Minneapolis Mayor R.T. Rybak, Park Rapids Mayor Nancy Carroll, St. Paul Mayor Chris Coleman and Richfield Mayor Debbie Goettel.

4 Session Weekly February 25, 2011 HIGHLIGHTS f e B R uary 17 - 24, 2011

Best Management Practices revolving loan Overall the agriculture department would Editor’s note: The following Highlights are coverage of select information heard in House program. There are about 750 loans awarded experience a 15% reduction, when ethanol committees and other House activities held each year and the money would supplement payments are included. Feb. 17-24. Designations used in Highlight the fund’s $64 million principal. In addition, food inspection fees would summaries: HF-House File; SF-Senate File; Ch- It also calls for $3.5 million in Clean increase 15 percent — the first time since Chapter; and *- the bill version considered by the House or the bill language signed by the Water funds to support the Discovery Farms 2003 — to boost the number of inspections, governor. concept that enables farmers to develop which have fallen behind schedule. Grocery demonstration plots to promote and evaluate and convenience stores pay the inspection fee best management practices, and $1.7 million based on gross annual sales. Agriculture in Clean Water funds to update the nitrogen The governor is also proposing a public safety fertilizer management plan and to develop surcharge on the sale of anhydrous ammonia public-private partnerships in responding to fertilizer. The 75 cents per ton surcharge is ex- Biennial budget proposal contamination of drinking water. pected to raise an additional $220,000, which Gov. Mark Dayton proposes a series of The plan would pay off the remaining would be used to hire more inspectors. Facilities shifts, fee increases, policy changes and ethanol producer payments in 2012 and that are seriously non-compliant and require staff reductions to reach his $170.3 million shift the 2013 ethanol appropriation to re-inspection would be subject to a $400 fee. projected budget for the Department of the Agricultural Growth, Research and Those in compliance would be rewarded with Agriculture for the 2012-2013 biennium. Innovation program. less frequent inspections so inspectors could Department staff presented the There would be a 5 percent reduction in concentrate more on non-compliant facilities. recommendations to the House Agriculture the department’s General Fund base budget A $2 million, one-time appropriation and Rural Development Policy and Finance by consolidating two divisions, not filling from the Outdoor Heritage Fund to deal Committee Feb. 23. No action was taken. vacancies left by early retirements, reducing one with the emerald ash borer infestation is not The udgetb includes: $9.2 million from division director position and vacating office recommended for renewal. Clean Water funds for the Agriculture space leased from the St. Paul Port Authority. — S. Hegarty

Solidarity rally

photo by andrew vonbank Hundreds of union members and public workers pack the Capitol Rotunda Feb. 22 for a “Solidarity Rally for Wisconsin Workers.” The event was organized by the Minnesota AFL-CIO.

February 25, 2011 Session Weekly 5 Colleges and Universities system; years because the road is flooded. “The only Bonding • $28 million for Department of Natural access was by boat, and we are in a non-lake Resources designated flood mitigation; area…. People have boats up there for that • $28 million to renovate and expand the purpose,” he said. Bonding bill is laid over Mayo Civic Center complex in Rochester; Dayton proposes $10 million for local Gov. Mark Dayton’s billion-dollar capital and road improvement funding grants. Aune said investment proposal got a cool reception from • $20 million for a new baseball stadium in this would help minimize the costs for these Republicans when it was released Jan. 31. downtown St. Paul. reoccurring repairs, and with some flood However, House Capital Investment Rep. Bev Scalze (DFL-Little Canada) mitigation. Committee Chairman Larry Howes questioned Howes about the future of other A companion, SF459, sponsored by Sen. (R-Walker) not only scheduled a hearing on proposed capital projects that are in bills Keith Langseth (DFL-Glyndon), awaits the proposal, but he sponsors the bill. that have been introduced. Howes said the action by the Senate Capital Investment He told committee members Feb. 23 bills most likely have been forwarded to the Committee. that HF607 would be laid over for further appropriate finance committee and, if they — L. Schutz consideration. are referred to his committee, they would get The bill puts forward $531 million in a hearing. Budget projects that are “shovel-ready, paint and Recent news about the spring flooding repair projects,” according to the governor; potential brought representatives to the table Cash flow problems remain and his proposal leaves the remaining from one of the hardest hit parts of the state amount for the Legislature to fill. in the last few years. Gov. Mark Dayton’s budget proposal Dayton’s projects include: Lon Aune, a Marshall County road would balance the budget, but would not • $51.33 million for a new physics and engineer, said the area in northwestern necessarily fix the state’s ongoing cash flow nanotechnology building at the University Minnesota has had 11 significant floods problems, the state’s top budget official said. of Minnesota; since 1990 that have taken a toll on the area Jim Schowalter, commissioner of • $30 million for asset preservation and roads. He cited the community of Oslo, Minnesota Management & Budget, said maintenance for the Minnesota State which has been isolated five times in recent the month-to-month cash crunches that

photo by tom olmscheid Gov. Mark Dayton’s capital investment proposal includes $8 million for improvements to the Target Center in Minneapolis.

6 Session Weekly February 25, 2011 began under former Gov. Tim Pawlenty are Coleman said businesses and local Consumers likely to continue under Dayton, regardless governments have joined forces in of how he and lawmakers solve the state’s communities across the country to market budget shortfall. themselves as attractive destinations for No suing for super-sizing Schowalter briefed members of the House businesses. He said Minnesota is falling If you gain weight from a lifestyle of eating Ways and Means Committee Feb. 21 on the behind in this regional approach to economic too many cheeseburgers and drinking too governor’s plan to solve a projected $6.2 billion development and needs its own regional many colas at your favorite restaurant, should biennial budget deficit. No action was taken. organization to stay competitive. you be able to sue the establishment if you Over the past several years, the weak “What we saw is that we lacked become obese? economy and lower-than-expected tax a coordinated approach that other For the past seven years, Rep. Dean Urdahl collections have caused the state to draw communities had,” he said. (R-Grove City) has been advocating that if you down its cash reserves. During that time, Baker, who runs the only Fortune are what you eat, then you are responsible for budget officials have kept the state’s day- 500 company still headquartered in St. the excess poundage that ensues. to-day operations funded by transferring Paul, said Minnesota’s greatest assets for He sponsors HF264 that would money between different accounts and attracting businesses are its high quality of make establishments associated with delaying payments to schools. They have even life and highly educated workforce. Its high the production or delivery of a food or developed short-term borrowing options for taxes and complex regulatory environment nonalcoholic beverage immune from civil the state, should the need arise. are among its biggest liabilities. liability based on an individual’s weight gain, Committee Chairwoman Mary Liz “You’ve got the ingredients for great obesity, or related heath condition resulting Holberg (R-Lakeville) asked whether the entrepreneurial initiative, but in fact we’re from the long-term purchase or consumption governor’s budget proposals improve the not doing very well here,” he said. of that food or beverage. state’s cash flow situation. Baker said the Twin Cities metropolitan Known as the “cheeseburger bill,” it “Do you envision, after you raise $4 billion area lacks a unified in new revenue, you’re still going to have to do regional vision and all these tricks with temporary fund transfers governance structure for back and forth from different reserves … even economic development. given the large tax increases?” Holberg said. He hopes to change this Schowalter said the state’s cash flow with the launch of a new problems would remain whether the deficit Minneapolis-St. Paul is solved by tax increases or spending cuts. He Regional Economic said the problem stems from several years’ of Development accumulated budget pressure. Partnership. The group “Cash flow is closely linked to level of is to set a strategy for reserves. Ultimately, we need to get those helping business leaders reserves back up, and increase them as the and site selection economy gets better,” Schowalter said. consultants see the MMB is scheduled to release the state’s advantages of doing February Economic Forecast Feb. 28. business in the Twin Schowalter hinted that the forecast might Cities. show an uptick in tax revenues and a smaller The partnership, projected deficit. He said Dayton would funded jointly by replenish the state’s cash flow account if the local governments and forecast predicts any additional revenues. private companies, is “My suspicion is that we would have to currently in the final continue to very closely manage cash for the stages of hiring a CEO next several years,” he said. and has nearly secured — N. Busse $2.8 million in funding. No state funding will be Business & Commerce required. “You have to have this if you’re going to Regional business plan sought be successful in this day St. Paul Mayor Chris Coleman and Ecolab and age, and we don’t Inc. CEO Douglas Baker briefed the House have it,” Baker said. Jobs and Economic Development Finance photo by andrew vonbank — N. Busse Committee Feb. 22 on plans for a metro-area Joel Carlson, representing the Minnesota Association for Justice, left, partnership to grow jobs in the state. No testifies before the House Civil Law Committee Feb. 21 during discussion of a bill that would make establishments immune from civil liability action was taken. for a person’s weight gain as a result of excessive food or nonalcoholic beverage consumption. Rep. Dean Urdahl, foreground, sponsors the bill.

February 25, 2011 Session Weekly 7 was approved by the House Civil Law drive forward, injuring the child or worse. Managing school trust lands Committee Feb. 21, and sent to the House About 18 months ago, a child died from Following a model used in Utah, Rep. Denise Agriculture and Rural Development Policy being hit by a bus in the north-central Dittrich (DFL-Champlin) is proposing that and Finance Committee. Minnesota district of Rep. Larry Howes an independent agency, separate from the “The bill underscores that people are (R-Walker). Department of Natural Resources, be created responsible for their own actions, particularly Sponsored by Howes, HF392 would to manage the 2.5 million acres of permanent where food is concerned. … Simply put, if you require all school buses used in the state school trust lands. eat too many cheeseburgers and get fat, you that are manufactured after Jan. 1, 2012, to Dittrich sponsors HF435, which would can’t sue the food retailer,” Urdahl said. be equipped with a crossing control arm on create the Permanent School Trust Lands The closest any of his previous efforts have the front right bumper that automatically Administration by July 1, 2013, to govern gotten to becoming law was in 2005, when expands out whenever the bus is stopped and the land. The House Environment, Energy it passed the Republican-controlled House, the flashing red lights are in use. and Natural Resources Policy and Finance only to die in the DFL-controlled Senate. Approved Feb. 21 by the House Committee held an informational hearing on Urdahl vowed last session that he wouldn’t Transportation Policy and Finance the bill Feb. 22. It has no Senate companion. bring the bill up again until the Republicans Committee, the bill awaits action by the “The DNR has an inherent conflict gained control of the Senate. “Funny thing House Education Finance Committee. It of interest determined by their own happened — I thought that would be forever, has no Senate companion. mission. They are to focus on preserving but here we are,” he said. “We feel this is a proactive decision by the environment and conservation, and Joel Carlson, who represents the Minnesota our group to help alleviate transportation that is perfect for what their department Association for Justice, has helped stop the tragedies,” said Tom Keliher, a lobbyist is, but I don’t believe that is perfect for the progress of similar bills. “This bill ignores the representing the Minnesota School Bus management of the school trust lands,” epidemic of obesity and leaves the impression Operators Association. “If an elementary Dittrich said. that lawyers are filing frivolous lawsuits,” school student is too close, he said, adding that weight-gain cases in the driver cannot see them Minnesota are not allowed. “We believe the over the hood.” law in Minnesota already requires personal Keliher said it costs about responsibility,” he said. $300-$350 for a new bus Urdahl’s bill goes to product abuse by the to have the approximately consumer, said Rep. Glenn Gruenhagen 8-foot arm. “A new school (R-Glencoe). bus is about $80,000 to “What I see is we are protecting $95,000, so $300 to put a manufacturers of a legally made product crossing arm on the front is that meets certain standards from a person a very miniscule price,” he who chooses to use it to excess or to a point said, adding costs to retrofit where it may be damaging to their health, all current buses could get and that’s where the personal responsibility “very expensive.” comes in,” he said. Howes said many Rep. Tim Mahoney (DFL-St. Paul) buses in the Twin Cities called the bill a Republican statement metropolitan area already supporting corporate America against have such a crossing arm, consumer America. “Essentially what you partially because districts are saying is that we should grant a free pass require them in bus to any food producer in America.” operator contracts, but it is A companion, SF160, sponsored by Sen. rare in northern Minnesota. David Hann (R-Eden Prairie), awaits action “That’s why I want to do it by the Senate Judiciary and Public Safety statewide,” he said. Committee. Rep. Mark Buesgens — L. Schutz (R-Jordan) expressed concern about forcing kids Education off a crosswalk if the bus driver pulls up too close to a busy cross-street and the School bus crossing arm requirement arm extends out too far. A matter of a few feet can potentially mean “I assume our bus drivers photo by andrew vonbank the difference between life and death at a are very well-trained and Grace Keliher, director of governmental relations for the school bus stop. they know where to stop,” Minnesota School Boards Association, left, testifies before the When a child crosses too close to the front Howes said. House Environment, Energy and Natural Resources Policy and Finance Committee Feb. 22 in support of a bill that would create of a school bus, chances increase that a driver — M. Cook an independent authority for Minnesota’s permanent school trust might not see the youngster and potentially land. Rep. Denise Dittrich, right, sponsors the bill.

8 Session Weekly February 25, 2011 Among the administration’s duties would interpreted differently in different parts of The bill would require arbitrators to give be to demonstrate undivided loyalty; to the state,” Knuth said. “substantial weight” to issues like local furnish information to the beneficiaries; The House Government Operations and government aid cuts, property tax burdens and to keep trust property separate from Elections Committee approved the bill Feb. and the impact of levy limits. It would forbid other property. Dittrich said the DNR has 23 and sent it to the House floor. There is no them from considering an employer’s budget demonstrated increasing management costs Senate companion. reserves when determining their ability to and no relative fund increases, attained Beth Fraser, director of governmental pay. It would also prevent arbitrators from primarily through forestry and mineral affairs for the office, said nothing in the awarding increases over and above what other rights. bill would prohibit election officials from unions get from that same employer. With the majority of the school trust screening election judge applicants based on Union leaders derided the bill as an attack lands in the northeastern region of the state, other objective criteria. on public employees’ collective bargaining a recent proposal to exchange land with “This is our interpretation of current rights, and said it would reverse several the federal government that included an statute, and we’re comfortable with this decades of precedent on labor relations. Some additional cash payment was met with mixed clarification,” she said. committee members agreed. opinion and may not even be constitutional. — N. Busse “I think this is yet another in a series of “We don’t want the money, we want the initiatives that we’ve had that are meant to land,” Rep. David Dill (DFL-Crane Lake) Employment erode our labor relations system,” said Rep. said referencing the school trust land in the Frank Hornstein (DFL-Mpls). Boundary Waters Canoe Area Wilderness. — N. Busse Some constituents consider the BWCAW More power for cities in arbitration land “untouchable,” he said. When “essential” public employees like Env. & Natural Resources Members also suggested that those who police and firefighters disagree with their hunt on school trust lands be charged rent employers over how much they should get Outsourcing DNR land maintenance to use the land or to sell the land outright paid, arbitrators are called in to settle the Amid growing concern that Minnesota to nature organizations. Dittrich said these disputes. At a time of recurring budget has more state-owned land than it can varying opinions are precisely why her deficits, some feel the arbitrators are being effectively manage, the House Environment, bill would require one school trust fund too generous to the employees. Energy and Natural Resources Policy and administrator to act on behalf of the school Sponsored by Rep. Linda Runbeck Finance Committee laid over a bill Feb. 22 children in Minnesota. (R-Circle Pines), HF501 would require that would allow the Department of Natural “We do need to get somebody advocating arbitrators to consider cities’ and counties’ Resources to contract for services from for these lands and clear up the statute to financial problems when awarding labor outside sources. solidify to (the DNR) what we think should contracts. Currently state agencies can only contract happen along the way of these lands,” said The House Government Operations and for services if there is no employee available Committee Chairman Denny McNamara Elections Committee approved the bill Feb. to do the work, although there are a few (R-Hastings). 22 on a 7-6 roll call vote. It now goes to the House Civil Law Committee. There is no exceptions. — S. Hegarty Senate companion. Sponsored by Rep. Paul Anderson Elections Under the state’s Public Employment (R-Starbuck), HF503 would provide the Labor Relations Act, “essential employees” DNR with another “tool in the toolbox” by — mostly public safety, health care and allowing the department to contract with Candidates as election judges correctional workers — do not have the private companies. The bill has no Senate Candidates for office could serve as right to strike. Instead, they must solve labor companion. election judges in precincts where they’re contract disputes with their employers via Anderson said the policy change could not on the ballot, under a bill that won arbitration. follow similar steps used in contracting for committee approval. Laura Kushner, director of human services, such as the work being awarded Rep. Kate Knuth (DFL-New Brighton) resources for the League of Minnesota Cities, to the lowest bidder. For example, farmers sponsors HF591 on behalf of a constituent said arbitrators have a “built-in bias” in favor adjacent to state hunting lands could be named Walt Witzke. He ran for the New of public employee unions. She said even in reimbursed for planting food plots in wildlife Brighton City Council in 2009 and was told cash-strapped cities where the “nonessential” management areas or spraying for invasive he could not serve as an election judge in St. workers agreed to wage freezes, arbitrators species. Paul because he was running for office. have awarded pay increases. As evidence, she Commissioner Tom Landwehr said Knuth said the Office of the Secretary of cited two separate cases — one in Brainerd, many of the jobs and services require a high State already interpreted state law to say that the other in Edina. degree of technical expertise, and that the candidates could serve as judges in precincts “Both of those arbitrators basically ignored department is best equipped to do the work. other than where they’re running for office, the pattern that had been set in the city for 0 Because a lot of the work is seasonal, the and that the bill would merely clarify the percent wage increases and ordered 3 percent number of employees swells from 2,700 to statute. wage increases in an economic climate where 4,000 between May and September. “We’re really trying to clarify this and those cities just felt that was completely out “We’re hearing the only entity that’s equipped make it more straightforward so it’s not of line,” Kushner said. to do this work is the state government,” said

February 25, 2011 Session Weekly 9 Resort report

photo by tom olmscheid Corby Niemeyer, left, and Jim Larson, right, both of Niemeyer’s Rugged River Resort, along with other members of the Congress of Minnesota Resorts listen as House Speaker Kurt Zellers talks to the group during their day at the Capitol Feb. 24.

Rep. Steve Drazkowski (R-Mazeppa). “These and Human Services Finance Committee. states use it as the basis for their sample are the types of innovative approaches we have A companion, SF162, sponsored by Sen. evaluations, he added. to go forward with.” John Pederson (R-St. Cloud), awaits action Stine acknowledged that some labs might Rep. Jean Wagenius (DFL-Mpls) requested by the Senate Health and Human Services have a heavier administrative burden up a fiscal note and said outsourcing may not Committee. front when switching to the new standards, save money. “If we give it to somebody else, The rules require municipal labs to meet but this would lessen after accreditation is how do we make sure it’s been done right? federal standards established by the National established. Does that mean hiring people to go up Environmental Laboratories Accreditation Representing the Coalition for Greater and check? ... That seems to add a cost, not Conference. Minnesota Cities, Elizabeth Wefel said subtract a cost.” Banaian said this has resulted in “unfunded the state should enact a tiered system of — S. Hegarty mandates” on cities and counties by requiring standards depending on the size of labs, like additional administrative work without other states do. New rules add burden furthering the standards of water quality. Stine said the department is open to Officials from several municipalities told Melrose Water and Wastewater discussing these changes as the bill moves the House Health and Human Services Supervisor Scott Gilbertson said the changes forward. Reform Committee Feb. 23 that rules enacted have required his lab to increase staff — P. Ostberg in 2009 for testing wastewater treatment costs. facilities leave a heavy administrative burden John Linc Stine, assistant commissioner Health & Human Services on certain laboratories. for health protection at the Department Sponsored by Rep. King Banaian (R-St. of Health, said while they have no official Enacting ‘Hannah’s Law’ Cloud), HF367 would exempt municipal stance on the legislation, they enacted the environmental laboratories that test samples rule changes “largely because the direction Four-year-old Hannah Kozitza died last for their own permit compliance from the the rest of the country was heading.” The June in the care of a child care center while recently enacted rule changes. Approved by the Environmental Protection Agency requires choking on a grape. No provider in her committee, it now goes to the House Health the federal standards for results and 14 other care room knew CPR when the tragedy happened.

10 Session Weekly February 25, 2011 unit there are 30 residents, and she is the only nurse in charge during an eight-hour shift, resulting in a ratio of about 16 minutes per person. The time with patients includes distributing medication and following a care plan with very little human interaction, she said. “It’s almost not humanly possible to give quality care or prevent accidents with current reimbursement rates.” Lynne Zimmerman, a health care worker, said past cuts to home- and community- based services has placed great pressure on the system. “Possible future cuts will strain the system so much that it really may fail,” she said. — P. Ostberg

Higher Education

photo by andrew vonbank Justin and Jenni Kozitza hold a picture of their daughter, Hannah, during the Feb. 22 discussion New regents approved by Legislature by the House Health and Human Services Reform Committee about a bill that would modify CPR Amid accusations of partisan politics for requirements for child care center staff. one seat, four people received legislative approval Feb. 21 to sit on the University of Sponsored by Rep. Mary Liz Holberg Dan Hall (R-Burnsville), awaits action by Minnesota Board of Regents. (R-Lakeville), HF235 would require all the Senate Health and Human Services Former House Speaker Steve Sviggum care center teachers and assistant teachers Committee. and business executive David McMillan to complete CPR training for infants and — P. Ostberg were chosen to represent the 2nd and 8th children, and at least one staff person Congressional Districts, respectively, and with training must be present during field Payment rate increases for care David Larson, a retired Cargill executive, trips and when transporting children. The State payment rates to nursing facilities, was selected for a second term representing training would have to occur within 90 days long-term care facilities and some community the 3rd Congressional District. after the start of employment, under the bill. service providers would increase under a bill The controversy stemmed from the Approved by the House Health and Human laid over Feb. 22 by the House Health and selection of former Republican Rep. Laura Services Reform Committee Feb. 22, the bill Human Services Finance Committee for Brod, who was selected for the at-large seat was sent to the House floor. possible inclusion in an omnibus bill. over current regent Steven Hunter, the Current law only requires one person in a Sponsored by Rep. Patti Fritz (DFL- secretary/treasurer of the AFL-CIO. Brod care center to be trained, and they don’t have Faribault), HF315 would increase nursing and Sviggum were two of the three finalists to be present in the room. facility rates by 4 percent of the total recommended by the Regent Candidate Ron Edlund, Hannah’s grandfather, said operating payment rate; Intermediate Care Advisory Council for the 2nd District seat. the family wonders if the outcome would Facilities for the Mentally Retarded would A Feb. 16 joint meeting of the House have been different if there had been at least increase by 3 percent; the same as certain and Senate higher education committees one person in the room that was trained in community service providers, including recommended Sviggum represent the CPR when Hannah died. “If this bill saves home- and community-based waiver services district. When it came time to vote for one child, Hannah will have a legacy, and it and personal care services. The bill has no the at-large member, Sen. Claire Robling will be worth it,” he said. Senate companion. (R-Jordan) asked if it “was appropriate” to Jerry Kerber, director of the Department Under the bill, 75 percent of the money nominate someone else for the position. of Human Services’ Licensing Division, said resulting from the adjustment would go Senate President Michelle Fischbach licensed home daycare providers are already directly to wage increases and employee (R-Paynesville), a meeting co-chair, said required to have CPR training. However, he benefits. rules adopted by the joint committee permit said, centers account for about half of the care Fritz said she’s repeatedly asked for a candidate for a specific seat to be eligible for children in the state. increases to facilities during her seven years for any other position for which they are also Rep. Bob Barrett (R-Shafer) asked if there as a legislator and this bill’s increases don’t eligible. would be any changes to how food portions catch up to the needs. “Today we’re asking All Republicans then voted for Brod, while are cut up for small children. for 4 percent; we are 20 percent behind.” all DFLers voted for Hunter. Kerber said the bill doesn’t address that issue, Sonja Lemire, a licensed practical nurse at Rep. Joe Atkins (DFL-Inver Grove and there are fewer recommendations for how Parkview Care Center in Buffalo, said the Heights) called it “the most overtly politicized food is to be consumed as children age. low staffing levels mean residents don’t get vote that we have seen in 150 years of the A companion, SF381, sponsored by Sen. the dignity they deserve. In her memory-care University of Minnesota.”

February 25, 2011 Session Weekly 11 “The president’s modeling, based on what we’re doing today, is that we’re likely to approach that problem in a two-thirds/one- third distribution, with two-thirds coming in the form of internal budget cuts and about a third coming from tuition revenue,” Pfutzenreuter said. Bruininks said that “this university will turn over every possible rock” to make sure any tuition increase is no higher than need be. Solving a state funding reduction of 15 percent to 20 percent purely by tuition increases would mean a 13 percent to 17 percent increase. “That would jeopardize the future of countless university students. We don’t plan to do that,” Bruininks said. If it was made simply by layoffs, it would add 1,700 people to the state’s unemployed. “For several years now, we have warned of photo by tom olmscheid a future tipping point in which we would Former House Speaker Steve Sviggum, left, who was chosen as the 2nd Congressional District no longer be able to sustain deep cuts, and representative to the University of Minnesota Board of Regents, and former Rep. Laura Brod, right, remain the university our state expects and who was selected as the at-large member for the board, talked Feb. 21 as a joint session of the House and Senate debated the candidates before selecting three new regents, and reappointing one. our state deserves,” Bruininks said. “I think that tipping point has arrived or is very close.” — M. Cook When the full Legislature got together, U of M budget cut concerns a motion by House Minority Leader University of Minnesota President Robert Public Safety Paul Thissen (DFL-Mpls) to move the Bruininks does not expect the university to recommendations back to the joint be held harmless when it comes to solving the committee was defeated 105-87. state’s multi-billion dollar biennial budget ‘Mixture’ definition gets approval “A process that installed a politician who shortfall, but he warned legislators that deep Dissimilar penalties for people using the didn’t even apply for the position over the cuts are going to affect the state’s long-term same amount of drugs are now possible incumbent labor regent who has a strong quality. because the weight of an entire mixture record of service on the board – a candidate “My primary message is that we want the can be used when charging decisions are that received bipartisan support in the last university’s future to be in the center of your made regarding illegal use of a controlled election and about whom no questions of deliberations,” he told the House Higher substance, even if the drug residue is only a performance were raised — does not reflect Education Policy and Finance Committee small part of the mixture. what is best for our state,” he said. Feb. 22. “We need you to pay attention to Sponsored by Rep. Phyllis Kahn (DFL- House Majority Leader Matt Dean these issues not only in terms of cuts to Mpls), HF479 would amend the definition (R-Dellwood) noted Brod’s application balance the state’s budget in the short-term, of “mixture” in first- through third-degree included check marks for both the but also in regards to Minnesota’s long-term controlled substance possession crimes. It congressional seat and the at-large position. economic vitality.” would establish that “the weight of fluid In nominating Hunter, Rep. Tom No action was taken. used in a water pipe may not be considered Rukavina (DFL-Virginia) said there has In his budget proposal, Gov. Mark Dayton in measuring the weight of a mixture, except almost always been labor representation on said higher education is a top priority of his in cases where the mixture contains four or the Board of Regents. “Don’t turn back a administration, yet he recommends a 6 percent more fluid ounces of fluid.” Law enforcement tradition … don’t slap working people in the base budget reduction for the university. could still charge sale offenses based on total face,” he pleaded. Chief Financial Officer Richard weight of the mixture. The only governmental body in the Pfutzenreuter noted state appropriations to Approved Feb. 22 by the House Public state whose members are elected by the the university in fiscal year 2010 were about Safety and Crime Prevention Policy and Legislature is the university’s governing body. equal to that of eight years earlier. Finance Committee, the bill next goes to It is comprised of 12 members who serve “State support is essential to generating the House Judiciary Policy and Finance staggered six-year terms without pay. By law, the new ideas and the external resources Committee. It has no Senate companion. one regent is selected from each of the state’s that fuel thousands of private-sector jobs in The problem surfaced in 2008 when a eight congressional districts and four serve Minnesota each year,” Bruininks said. defendant was charged with a first-degree at-large. University officials have, at the committee’s controlled substance offense because they — M. Cook request, begun looking at what 15 percent possessed bong water that contained a residue and 20 percent reductions in state dollars of methamphetamine. Even though the bong would mean. water had just a small amount of residue, the

12 Session Weekly February 25, 2011 Student rally

photo by tom olmscheid Goldy Gopher, the mascot of the University of Minnesota’s Minneapolis campus, and Mary Kay Delvo, director of advocacy and outreach for the University of Minnesota Alumni Association, react to comments by Gov. Mark Dayton as he spoke to a rally of students from university campuses around the state in the Capitol Rotunda Feb. 22. mixture’s total weight was used to charge fluid,” he said. “Our concern going forward different counties, particularly in Greater the defendant with the more serious drug is that drug traffickers could mix meth into Minnesota. … Advocates who were working offense. The Minnesota Supreme Court water — methamphetamine is water soluble with victims found they were appearing in ruled in 2009 that the charge was appropriate — transport it to a location, evaporate it and one county to help their clients file an HRO under the current definition of mixture. sell the remaining meth.” petition, only to be told that they would This bill was overwhelmingly approved by — M. Cook have to go to another county to seek court the Legislature last year, but vetoed by former protection.” Gov. Tim Pawlenty, who said the bill “waters Restraining order clarification Approved Feb. 23 by the House Public down current criminal justice practices and Changes to the state’s harassment Safety and Crime Prevention Policy and standards related to the weight of controlled restraining order could be forthcoming Finance Committee, the bill was sent to substances found in water pipes.” in hopes of clearing up state statute and the House Judiciary Policy and Finance Kahn rhetorically asked if two people removing an administrative barrier for Committee. It has no Senate companion. should be charged differently when they victims. Gruenhagen said endorsements have use the same amount of marijuana, but one Sponsored by Rep. Glenn Gruenhagen been forwarded from a number of groups, smokes it in its original form and the other (R-Glencoe), HF469 would allow an including the Minnesota County Attorneys bakes it into a large brownie. application for a harassment restraining Association and the Minnesota Coalition for John Kingrey, executive director of the order to be filed in the county of residence Battered Women. Minnesota County Attorneys Association, of either party or in the county where the Donna Dunn, executive director of spoke against the bill. alleged harassment occurred. the Minnesota Coalition Against Sexual “While the state will maintain that “Current statute is silent in giving Assault, said the bill would help in cases like methamphetamine and other controlled direction to the courts about the venue or one where a victim tried to file the petition substances are illegal, that won’t apply to filing of an HRO,” he said. “This has resulted in a county of residence, but was told by a a device if it contains 4 ounces or less of in inconsistent handling of these requests in court clerk she had to file for a petition in the

February 25, 2011 Session Weekly 13 county where the incident took place. When Utah. During restoration, critical legislative, the measure “important and helpful,” and the petitioner went to the second county she judicial and executive operations would have said it would be good policy environmentally, saw the perpetrator, who harassed her. to be relocated without interrupting their as well as economically. “She would not have had that trauma if she operations, he said. Lobbyists representing the state’s tourism could have filed in her home county,” Dunn Mandell said that for every year the and hospitality industries testified against said. Legislature waits to deal with the issue, the bill, arguing it would discourage Courts would also be permitted to waive another $10 million to $20 million are added state agencies from holding professional filing fees for certain restraining order petitions. to the cost by inflation. He noted the $4 conferences at lodges and resorts. The fee can now be waived if the alleged acts million to $6 million being spent right now “There are times when meetings should would constitute criminal sexual conduct or to repair the dome is more than the $4.5 take place in person,” said Dan McElroy, gross misdemeanor or felony stalking. million cost to construct the entire building president and chief executive of Hospitality “The federal government requires that states, 105 years ago. Minnesota. in order to be eligible for grants to combat “I think it’s very important,” Urdahl said. — N. Busse violence crimes against women, must certify “It’s the symbol of our state, and we have that its laws do not require victims of sexual to find a way to maintain it. The obvious Taxes assault, stalking or domestic violence bear the disrepair is, I think, shameful.” cost of filing for a protection order,” Dunn — N. Busse added. Ending the ballpark tax Members of a House committee want to — M. Cook Telecommuting to save money Some state employees may be able to work make sure the sales tax increase that helped State Government from home or teleconference as a way to save to pay for the Minnesota Twins’ new ballpark taxpayers money, under a bill approved by a doesn’t go on forever. House committee Feb. 23. Nearly five years ago, the Legislature signed Capitol restoration plans on hold Rep. Denny McNamara (R-Hastings) off on public funding for a new ballpark for Workers are repairing the water-damaged sponsors HF574 that would instruct state the Minnesota Twins. Construction of State Capitol dome, but plans for a more agencies to use videoconferencing or other Target Field, as the new home for the Twins extensive restoration of the aging iconic electronic means to conduct meetings would eventually be called, was funded building are on hold. whenever practical. The goal is to avoid travel primarily through a 30-year, 0.15 percent Staff from the Capitol Area Architectural costs for in-person meetings that would sales tax increase in Hennepin County. and Planning Board briefed members of normally be reimbursed by taxpayers. Rep. Ann Lenczewski (DFL-Bloomington) the House State Government Finance In addition, an amendment successfully said some little-known provisions in the law Committee Feb. 23 on the status of the offered by McNamara would give department could lead to that tax increase continuing Capitol. No action was taken. supervisors at the Legislature permission on into perpetuity, unless the Legislature Built in 1905, the building has suffered for to let their employees work from home takes action. She sponsors HF502 that would years from deteriorating infrastructure, poor part-time during the legislative interim. modify the use of revenues from the sales tax, heating and cooling systems and security and Legislative staff could telecommute for up in her words, to “strengthen the protection accessibility problems. Beginning in 2000, to 20 percent of the workweek. Alternately, of the taxpayers of Hennepin County.” plans were floated for an extensive renovation, they could work four 10-hour workdays The House Government Operations but lawmakers have not funded the project. rather than five eight-hour days. and Elections Committee approved the “Essentially, there is no consensus yet as The House Government Operations and bill Feb. 22 and sent it to the House Taxes to how this should be done, when it should Elections Committee approved the bill and Committee. There is no Senate companion. be done or how much should be spent,” said sent it to the House floor. There is no Senate The original legislation authorized Rep. Dean Urdahl (R-Grove City). companion. establishment of a ballpark reserve fund, The most recent plan calls for $260 million McNamara said the bill would save the and allowed county officials to put some of in repairs, restoration and renovation of the state money both on travel costs and on the sales tax revenues toward public libraries entire building. Paul Mandell, the board’s building operation costs. He said legislative and youth sports. The bill would cap the principal planner and zoning administrator, employees would appreciate the flexibility reserve fund at $20 million and repeal an said the restoration needs are “vast” and to save money on gas one day a week and annual increase of 1.5 percent in the amount would involve “wholesale gutting behind the possibly have a three-day weekend. of money to be used for the libraries and walls” to replace electrical, mechanical and “When session is done and you’re all burned youth activities. ventilation systems. out, it really helps folks get rejuvenated,” Without the changes, Lenczewski said “You can’t exactly do it during the night McNamara said. county officials could theoretically game the while people aren’t working here,” he said. The teleconference requirement would system to pay for expensive upgrades or even Mandell said lawmakers and planners apply to all state agencies, the constitutional build a whole new ballpark someday. would have to decide whether to renovate offices and the Minnesota State Colleges “When we all were voting on the Twins the Capitol one wing at a time — as was and Universities system. In all cases, the stadium, there was no contemplation that done in Ohio, Pennsylvania and Wisconsin provisions of the state’s open meeting law the people of Hennepin County should — or close the entire building for months would apply. possibly continue to do all the upgrades or or even years, as was done in Texas and Rep. Frank Hornstein (DFL-Mpls) called even replace the stadium over time,” she said.

14 Session Weekly February 25, 2011 Hennepin County Commissioner Peter McLaughlin said the legislation isn’t needed. Newest member He argued the stadium was a good deal for taxpayers, and that the county had managed the sales tax revenues prudently. As evidence, he cited the county’s early repayment of some of the stadium bonds. “We don’t think the state should be micromanaging this process. We think we’ve been good stewards of the taxpayers’ funds,” McLaughlin said. — N. Busse

Thursday’s Floor Action

Unemployment extension passed Unemployed Minnesotans would be eligible for a 13-week extension to their unemployment benefits under a bill passed by the House 126-3 Feb. 24. Sponsored by Rep. Rich Murray (R-Albert Lea), HF103 would also remove restrictions on the benefits being paid to adult children who are laid off from their parents’ seasonal businesses. It now goes to the Senate, where Sen. John Pederson (R-St. Cloud) is the sponsor. The bill would give Minnesotans access to a federal extension of unemployment insurance benefits recently passed by Congress and signed by President Obama. Qualifying Minnesotans would be eligible for a maximum of 86 weeks of benefits, under the change. The extension is federally funded, and would not cost the state’s UI trust fund, which is currently $600 million in deficit. Murray said the bill would funnel $160 million in federal funds into the state’s economy. photo by tom olmscheid

The bill would also repeal a law enacted photo by andrew vonbank last year to provide no more than five weeks Rep . Carly Melin is recognized on the House floor after being introduced on her first of benefits to individuals who are laid off day of session Feb. 24. Sworn into office two days earlier in Hibbing, Melin replaces from their parents’ businesses. The change former Rep. Tony Sertich. was intended to prevent employers from “gaming the system” by hiring their own children for seasonal work and then laying House passes synthetic marijuana ban of marijuana. It is sold in head shops and in them off so they can collect unemployment. On a 124-4 vote, the House approved stores as incense or potpourri under names Rep. Denny McNamara (R-Hastings) a bill Feb. 24 that would make it a gross like Demon, Triple X and Mr. Nice Guy, but praised the provision, and said it would misdemeanor to sell synthetic marijuana and is being used as an inhalant for people to get impact a number of his constituents. a misdemeanor to possess the substance. high. There is no minimum age to purchase “Just because somebody’s family happens Sponsored by Rep. John Kriesel (R-Cottage the product. to work in the business that their father Grove), HF57 now goes to the Senate, where Kriesel said it has been known to cause or mother owned, it would be really a sponsor is needed. serious health problems, including seizures. unfortunately to treat them differently than “This will undoubtedly make our In the first 11 months of last year, there everyone else,” McNamara said. communities a safer place to live,” he said. were more than 2,500 calls nationwide to — N. Busse Synthetic marijuana, also known as K2 or poison control centers because of synthetic Spice, is a mix of common herbs sprayed with marijuana use. It has been banned in 17 synthetic chemicals that mimic the effects countries and 11 other states.

February 25, 2011 Session Weekly 15 Kriesel said the change will also make the mandatory restitution on offenders who Cornish said the impetus for the bill was streets safer. harm public safety dogs was passed Feb. 24 Major, a German Shepherd stabbed Nov. “Because synthetic marijuana is not by the House. 12 as Roseville police assisted Maplewood a controlled substance, it is difficult or Sponsored by Rep. Tony Cornish (R-Good officers responding to a break-in. impossible for users to be prosecuted for Thunder), HF141 now goes to the Senate, After finding a suspect, officers heard driving under the influence,” he said. where Sen. Dan Hall (R-Burnsville) is the Major crying in pain. He had been stabbed “Synthetic marijuana is a dangerous sponsor. The House vote was 107-22. four times. He was rushed to the University misnomer,” said Rep. Terry Morrow (DFL- The bill would extend the current two- of Minnesota Veterinary Medical Center for St. Peter), who successfully amended the year felony for killing a public safety dog to emergency surgery. While Major survived, he bill to clarify that people using this can be offenses of causing “great bodily harm” to did not regain use of his back legs. prosecuted using driving under the influence such animals, including those which cause “I’m very glad that there’s some way to laws. “We’re talking about a dangerous permanent disfigurement of the animal or loss impact all the anguish that’s gone on in our chemical that’s being smoked by high school or impairment of a body organ. Mandatory community for this very popular dog,” said and college kids and others.” restitution in such cases would be up to Rep. Mindy Greiling (DFL-Roseville) During the committee process, $25,000 to help care for the injured animal Rep. Joyce Peppin (R-Rogers) was among representatives from the Minnesota Sheriffs’ and the purchase and training of another dog. those casting a red vote. Association, Minnesota Chiefs of Police It would also extend the gross misdemeanor “Part of the reason I’m voting against it is Association and the Minnesota Juvenile offense of harming a public safety dog to because of my frustration of the fact that we Officers Association all spoke in support of cases where the dog suffers demonstrable have stronger penalties for abusing a dog than the bill. bodily harm. Mandatory restitution could we do for adults that are neglected,” she said. — M. Cook be up to $10,000. “Right now, it’s not a felony to neglect an adult, Further, the bill would create a new offense even if it results in great bodily harm. I think Penalty for harming police dog whereby it is a misdemeanor to assault a this sends kind of a mixed message. … We need A bill to increase the penalty for injuring public safety dog where the animal does not to look at how we compare crimes for animals public safety dogs and that would impose suffer “demonstrable bodily harm.” versus how we treat similar crimes for adults.” — M. Cook

Constitutional Officers Governor Secretary of State 800-657-3787 Mark Dayton (DFL) Mark Ritchie (DFL) Website: www.ag.state.mn.us Room 130 State Capitol Election Center E-mail: [email protected] 75 Rev. Dr. Martin Luther King Jr. Blvd. Room 180 State Office Building Consumer Division St. Paul, MN 55155 100 Rev. Dr. Martin Luther King Jr. Blvd. 1400 Bremer Tower 651-201-3400 651-215-1440 445 Minnesota St. 800-657-3717 877-600-8683 (VOTE) St. Paul, MN 55101 Fax: 651-797-1850 Business Services 651-296-3353 Website: www.governor.state.mn.us 60 Empire Drive, Suite 100 800-657-3787 E-mail: [email protected] St. Paul, MN 55103 (TTY) 651-297-7206 651-296-2803 (TTY) 800-366-4812 Lieutenant Governor 877-551-6767 Yvonne Prettner Solon (DFL) Website: www.sos.state.mn.us State Auditor Room 130 State Capitol E-mail: [email protected] Rebecca Otto (DFL) 75 Rev. Dr. Martin Luther King Jr. Blvd. 525 Park St. St. Paul, MN 55115 Attorney General Suite 500 651-201-3400 Lori Swanson (DFL) St. Paul, MN 55103 Fax: 651-797-1850 Executive Offices 651-296-2551 E-mail: [email protected] Room 102 (TTY) 800-627-3529 State Capitol Website: www.osa.state.mn.us 75 Rev. Dr. Martin Luther King Jr. Blvd. E-mail: [email protected] St. Paul, MN 55155 651-296-6196

Frequently called numbers Area code 651 House Public Information Services House Research Senate Index 175 State Office Building...... 296-2146 600 State Office Building...... 296-6753 110 Capitol...... 296-2887 Toll-free...... 800-657-3550 Senate Information Senate Counsel and Research Chief Clerk of the House 231 Capitol...... 296-0504 G-17 Capitol...... 296-4791 211 Capitol...... 296-2314 Toll-free...... 888-234-1112 Governor’s Office House Index Secretary of the Senate 130 Capitol...... 201-3400 211 Capitol...... 296-6646 231 Capitol...... 296-2344 Meeting Call line, House...... 296-9283 Voice mail/order bills...... 296-2343

16 Session Weekly February 25, 2011 Feature: Consumers

Learning about what you eat Students use ‘exploding cheeseburger’ to teach agriculture

photo by andrew vonbank, photo illustration by paul battaglia

By Sue Hegarty Rabbe and 9,000 other Minnesota FFA have some live animals to give these urban hen you order a member students have been participating in students a chance to see exactly where their the Agriculture Literacy Challenge, a new hamburger comes from because a lot of them cheeseburger or pick way for Minnesota FFA chapters to advocate have no clue,” he added. up a slice of pizza, for their industry. Rep. Andrew Falk (DFL-Murdock) W For example, Morris Area FFA members pointed out the strong movement for do you pause to find out if showed urban elementary students live community-supported agriculture, Minnesota farm families grew animals, explaining each animal’s purpose particularly due to the high cost of the crops or raised the animals in the food chain. They also shared a model transporting products. “I believe that average called the “exploding cheeseburger.” By distance is about 1,800 miles,” Falk said. used in the ingredients? breaking down a cheeseburger’s ingredients, There are 216 agricultural education the elementary students could better teachers offering 185 programs in secondary “All too often we take for granted our understand that meat, cheese, vegetables and schools. Jeff Eppen, a Sibley East-Arlington abundant food supply,” Julie Tesch, executive even the bun are derived from agriculture. High School teacher, helps students plan director of the Agricultural Education “If we’re going to feed the world, people and manage a school garden that provides a Leadership Council, told the House need to know what goes into producing the healthy source of food for the cafeteria and Agriculture and Rural Development Policy food on their table so they have the confidence a lesson in agronomy careers. and Finance Committee Feb. 15. in the safety and quality of the food they’re “This is an area a lot of students don’t tend A goal of the Minnesota Future Farmers eating,” said Joel Larsen, state FFA advisor. to gravitate toward. They tend to gravitate of America Association, in cooperation with Post-secondary education is a way for agri- toward the animals,” Eppen said. “We Minnesota Agriculture in the Classroom, students and urban students to connect in wanted to open their eyes to other options.” is to increase agricultural awareness and college. The Agricultural Education Club His students grew 40 gallons of green knowledge of where our food comes from. at the University of Minnesota sponsored beans that the cafeteria staff prepared and Fewer farmers means residents are less Agriculture Awareness Day on the Twin served. However, the cooks sent a clear connected to where their food comes from Cities campus last year; an estimated 4,000 message that they weren’t fond of shucking and what farmers do to make it abundant people attended. the bushels of peas also grown, so Eppen said and safe to eat, said Rep. Paul Torkelson “Something on this scale had never they’ll need to plant something else next year. (R-Nelson Township). been done before,” said Jason Kaare, a School districts have discretionary “Fifty-four percent of Minnesotans do not junior majoring in agriculture education authority to levy for career and technical know a farmer or anyone associated with the and club president. About 15 agricultural education programs, such as DECA, Inc. and practice of farming … it’s very scary for us in organizations were represented including the FFA. Federal funding is also available. But agriculture, and who support it and want to Minnesota Pork Board and the Minnesota as school district budgets tighten, educators see it grow and succeed,” said Liz Rabbe, FFA Beef Council. Llamas and beef cattle were a are making critical decisions about what they Minnesota vice president. big hit on campus, Kaare said. “We tried to can afford, said Larsen.

February 25, 2011 Session Weekly 17 Feature: Education

Revitalizing state heritage Immersion program uses Legacy funds to regain Dakota language

By Sue Hegarty Indian Community; the Lower Sioux, near Redwood Falls; and the Upper Sioux oddlers are at play in a Minneapolis near Granite Falls. The original Dakota language immersion classroom. Using only Community, established by treaty in 1851, his new Dakota language skills 3 -year-old was located along a 10-mile wide strip of land T on both sides of the Minnesota River. Ohiyesa Long Crow, whose name means “the Noel studied political science and winner,” tries to coerce a toy truck out of his philosophy in college so he could return to the reservation and work on behalf of the teacher’s hands. Phoebe Bendickson, 2, gleefully Dakota people. But when he learned about shouts in Dakota as she catches a big red ball. Her the Wicoie Nandagikendan program, “I put blond curls bounce up and down, indicative of myself in those shoes,” he said. “Language teaches you about the land, culture, a way of her Scandinavian, besides her Dakota, ancestry. being in the world. When you take that away from them, what do you have?” About 30 preschoolers are enrolled in the Their teacher, Sheldon Noel, is a full- Dean Urdahl (R-Grove blooded Dakota from the Sioux Valley City) sponsored the Dakota Nation in Manitoba, Canada. Like original legislation to many Dakota, his ancestors fled Minnesota provide funding for the during the 1862 U.S.-Dakota Conflict when immersion programs. they were put into concentration camps “I’m a historian. I or forced from the state. Children were believe in preserving forbidden to speak their native tongue. history,” Urdahl said. Eight of Noel’s Canadian family members Rep. Karen Clark still speak fluent Dakota. By comparison, (DFL-Mpls) is one of there are only eight people in the entire state the legislators who of Minnesota who can fluently speak Dakota, supports the program. and many of them are age 70 or older. One immersion Now a partnership of cultural organizations classroom is located in hopes to rebuild Dakota speakers within her district. Minnesota. “We’re dealing with “We’re talking about revitalizing a near the ravages of genocide. lost language. This is a huge deal,” said This is an opportunity Annamarie Hill-Kleinhans, executive to give people back their director of the Minnesota Indian Affairs own culture. When Council. The project is being carefully we lose the wisdom watched by linguists internationally, she said. and knowledge of the The council received a $250,000 Dakota people, we are appropriation for the 2010-2011 biennium impaired,” Clark said. from the Arts and Cultural Heritage Fund, There are about earmarked for grants to support Dakota and 4,000 Dakota in Ojibwe language revitalization programs. four federally- The Wicoie Nandagikendan program is recognized Minnesota for Dakota language classes and the Niigaane communities: photo by andrew vonbank program is for teaching the Ojibwe language. the Shakopee Sheldon Noel, a Dakota preschool teacher in the Wicoie Nandagikendan There are an estimated 300 state residents Mdewakanton language revitalization program, teaches Phoebe Bendickson, 2, right, and Ohiyesa Long Crow, 3, Dakota language skills and culture who speak fluent Ojibwe. Sioux Community; through immersion methods at the Four Directions Family Center in House Legacy Funding Division Chairman the Prairie Island, Minneapolis.

18 Session Weekly February 25, 2011 immersion program. The hope is that in 20 is of 100 percent Scandinavian descent. “I to start with those kids and although it will years, the number of people fluent in the can memorize lists but this constant flow of always be in question whether or not it is the language will grow and the language will narrative is better,” she said of the immersion true and authentic (language), it will be a good become self-sustaining over time. program, which has resulted in students scoring thriving language that we have and we will Dakota is a gender-based language. higher on academic testing for kindergarten have revitalized that,” Hill-Kleinhans said. Words can take on different prefixes or than their single-language counterparts. There is also the constant search for endings depending upon whether a male Getting the program off the ground was funding. Prior to receiving Arts and Cultural or female is speaking. Noel was raised in challenging, say organizers. It was the first Heritage funds, the group used a small Dakota tradition by his grandparents, so he time the council offered grants, so they federal allocation along with foundation heard both versions of speech. Although he sought technical support. Fluent speakers money. They hope annual appropriations understands both variances, he doesn’t teach were not licensed teachers, so a licensed for the 25-year life of the Legacy fund will the female form in the classroom. teacher must oversee their work. Organizers sustain the program, according to Margaret “We can talk to each other and understand began calling throughout the Midwest and Boyer, former executive director of the each other, but in our culture we just don’t Canada to family or friends to assemble Alliance of Early Childhood Professionals. do that out of respect,” Noel said. dictionaries of words. Now the challenge “We would love it. It’s going to take a whole Phoebe’s mother, Anna Bendickson, becomes adding classes and teachers in the generation to reclaim the language,” Boyer volunteers as a female instructor in her daughter’s primary and secondary classrooms as these said. “People are realizing the only thing classroom. Her husband, Joe, teaches Dakota preschoolers advance through school. that’s going to get this language spoken again language at the University of Minnesota. She “If we revitalize this language, we’re going is daily immersion.”

Minnesota’s representation in Washington, D.C. U.S. Representatives

First District Third District Website: http://ellison.house.gov Minn. Wheat Growers Bldg. Tim Walz (DFL) Erik Paulsen (R) Access to e-mail through website 2603 Wheat Dr. 1722 Longworth 127 Cannon House Office Building Red Lake Falls, MN 56750 House Office Building Washington, D.C. 20515 Sixth District 218-253-4356 Washington, D.C. 20515 202-225-2871 Michele Bachmann (R) Fax: 218-253-4373 202-225-2472 Fax: 202-225-6351 103 Cannon House Office Building SW/WC 1420 E. College Dr. Fax: 202-225-3433 Washington, D.C. 20515 250 Prairie Center Drive, Suite 230 Marshall, MN 56258 202-225-2331 Eden Prairie, MN 55344 507-537-2299 227 E. Main St., Suite 220 Fax: 202-225-6475 952-405-8510 Fax: 507-537-2298 Mankato, MN 56001 Fax: 952-405-8514 507-388-2149 6043 Hudson Rd., Suite 330 Tuesdays only Fax: 507-388-6181 Website: http://paulsen.house.gov Woodbury, MN 55125 100 N. First St. Access to e-mail through website 651-731-5400 Montevideo, MN 56265 1134 Seventh St. N.W. Fax: 651-731-6650 320-269-8888 Rochester, MN 55901 Fourth District Tuesdays only 507-206-0643 Betty McCollum (DFL) 110 Second St. S., Suite 232 230 E. Third St. Fax: 507-206-0650 1714 Longworth Waite Park, MN 56387 P.O. Box 50 House Office Building 320-253-5931 Redwood Falls, MN 56283 Website: http://walz.house.gov Washington, D.C. 20515 Fax: 320-240-6905 507-637-2270 Access to e-mail through website 202-225-6631 Website: http://collinpeterson.house.gov Fax: 202-225-1968 Website: http://bachmann.house.gov Second District Access to e-mail through website Access to e-mail through website John Kline (R) 165 Western Ave. N., Suite 17 St. Paul, MN 55102 2439 Rayburn House Office Building Seventh District Eighth District 651-224-9191 Washington, D.C. 20515 Collin Peterson (DFL) Chip Cravaack (R) Fax: 651-224-3056 202-225-2271 2211 Rayburn House Office Building 508 Cannon House Office Building Fax: 202-225-2595 Website: http://mccollum.house.gov Washington, D.C. 20515 Washington, D.C. 20515 Access to e-mail through website 202-225-2165 202-225-6211 101 W. Burnsville Pkwy., Suite 201 Fax: 202-225-1593 Fax: 202-225-0699 Burnsville, MN 55337 Fifth District 952-808-1213 714 Lake Ave., Suite 107 6448 Main St., Suite 6 Fax: 952-808-1261 Keith Ellison (DFL) Detroit Lakes, MN 56501 North Branch, MN 55056 Toll-free: 888-808-6644 1027 Longworth 218-847-5056 651-237-8220 House Office Building Fax: 218-847-5109 888-563-7390 Website: http://kline.house.gov Washington, D.C. 20515 Fax: 651-237-8225 Access to e-mail through website 202-225-4755 320 Fourth St. S.W. Website: http://cravaack.house.gov Fax: 202-225-4886 Centre Point Mall Willmar, MN 56201 Access to e-mail through website 2100 Plymouth Ave. N. 320-235-1061 Minneapolis, MN 55411 Fax: 320-235-2651 612-522-1212 Fax: 612-522-9915

February 25, 2011 Session Weekly 19 MINNESOTA HOUSE OF MHR REPRESENTATIVES Come to the Capitol Directions, Parking, Visiting the Legislature, Tours, Dining

Directions The State Capitol Complex is north of LOT NORTH Interstate 94, just minutes from downtown P St. Paul. It is accessible from the east and west on Sherburne Ave.

I-94, and from the north and south on Interstate Administration 35E. • I-94 eastbound: Exit at Marion Street. Turn left.

Go to Aurora Avenue and turn right. LOT • LOT I-94 westbound: Exit at Marion Street. Turn State Capitol P LOT right. Go to Aurora Avenue and turn right. Aurora Ave. P

• I-35E northbound: Exit at Kellogg Boulevard. AuroraAve. State Turn left. Go to John Ireland Boulevard and Office P turn right. P Sears • I-35E southbound: Exit at University Avenue. Customer Parking LOT Turn right. Go to Rice Street and turn left. P Rev. Dr. MLK Jr. Blvd. Parking Public metered parking is available in Lot Q, north of the Capitol at Cedar Street and Sherburne

Kelly LOT Avenue; Lot AA, across Rice Street from the State Inn P Office Building on Aurora Avenue; Lot F, directly LOT P behind the Transportation Building; Lot H, west LOT of the Veterans Service Building; Lot K, across I-94 from the Armory on Cedar Street (enter from I-94 12th Street); Lot L, east of the Judicial Center; in the 14th Street Lot at the corner of North Robert Street and 14th Street; and on the orange level of the Minnesota State Capitol Complex Minnesota St. Paul, Minnesota Centennial Office Building Ramp at Cedar Street History Center and Rev. Dr. Martin Luther King Jr. Boulevard. Building Locations and Parking History P denotes public metered parking section within lot During the interim there are a few metered parking Center Parking CentennialRamp public parking on Orange Level only spots in front of the Capitol along Aurora Avenue. Capitol Security personnel will issue tickets for Edited map courtesy Minnesota Department of Administration, Plant Management Division expired meters. All-day parking permits are available from both bodies may meet several times a week, often Tour guides lead the 45-minute tours on the Plant Management on the ground floor of into the night. hour Monday through Friday between 10 a.m. and the Administration Building at 50 Sherburne Visitors interested in observing these sessions 2 p.m.; Saturday between 10 a.m. and 3 p.m. (last Ave., north of the Capitol, across University may call House Public Information Services tour leaves at 2 p.m.); and Sunday between 1 p.m. Avenue. Cash or checks are accepted. For more at 651-296-2146 or Senate Information at and 4 p.m. (last tour leaves at 3 p.m.). The tours information, call 651-201-2300. 651-296-0504 with questions. begin at the Capitol information desk. Brochures Outdoor disability parking is available in most Committee meetings are open to the public, in about 20 foreign languages also are available public lots within the State Capitol Complex. as well. Visitors wanting to attend a committee there. However, most spots can be found in Lot N and meeting can access committee information Tour rates vary. Generally, 45-minute tours for Lot F. Disability parking is also available on the through the Legislature’s website at www.leg.mn. drop-in visitors to the Capitol are free of charge. orange level of the Centennial Office Parking House meeting schedules are available by calling The society offers a number of specialized tours Ramp and in the 14th Street Lot. 651-296-9283. for educational groups ranging from pre-school The main disability entrance to the Capitol is If group members want to meet with their students to high school seniors. Also, special on the northwest side of the building just off Lot individual legislators or testify before a committee, tour events are scheduled throughout the year. N. There also are drop-off entrances on the south arrangements should be made at least a week in A special events guide is available upon request. side under the front steps on the south side and advance. For more information about the tours and fees on the northeast side of the building. For information on reserving a room for group or to make a reservation, call the Capitol Historic conferences, call the State Office Building room Site Program at 651-296-2881. scheduler at 651-296-0306 or the Capitol room Visiting the Legislature scheduler at 651-296-0866. During session, all House and Senate floor Dining sessions are open to the public. No pass is required Year-round cafeterias can be found on the for spectators to sit in the galleries of either chamber. Tours ground floor of the Transportation, Centennial The House usually meets at 3 p.m. Monday and Tours of the Capitol are offered through the and Stassen buildings, as well as the Judicial Center. Thursday, and the Senate generally meets at 11 a.m. Capitol Historic Site Program of the Minnesota The Rathskeller in the State Capitol is open only Monday and Thursday during the first few weeks Historical Society. when the Legislature is in session. of session. As the session nears the end, however,

20 Session Weekly February 25, 2011 BILL INTRODUCTIONS f e B R uary 21 - 24, 2011 House files 608 - 718

Monday, February 21 HF621-Dill (DFL) HF633-Benson, M. (R) Environment, Energy & Natural Resources Taxes HF608-Anderson, B. (R) Policy & Finance Capital equipment exemption allowed at time of Taxes Coyote and beaver conflict management option purchase. Clearwater; local sales tax provisions modified. provided. HF634-Tillberry (DFL) HF609-Smith (R) HF622-Morrow (DFL) Transportation Policy & Finance Public Safety & Crime Prevention Higher Education Policy & Finance Anoka County; trunk highway improvement Policy & Finance University of Minnesota veterinary diagnostic funding provided, bonds issued and money Grants from fire safety account to local fire laboratory money appropriated. appropriated. department authorized. HF623-Dill (DFL) HF635-Hackbarth (R) HF610-Hilty (DFL) Environment, Energy & Natural Resources Environment, Energy & Natural Resources Commerce & Regulatory Reform Policy & Finance Policy & Finance Transportation funding provided through new Bear hunting license drawing provisions modified. Department of Natural Resources programs regulations governing checkbook money created by eliminated that duplicate private market activities. state-chartered banks and penalty provided. HF624-Dill (DFL) Environment, Energy & Natural Resources HF636-Smith (R) HF611-Gunther (R) Policy & Finance Public Safety & Crime Prevention Commerce & Regulatory Reform Clair A. Nelson Memorial Forest funding provided, Policy & Finance Small-business loan guarantee program created and bonds issued and money appropriated. Time period expanded in which an offender is money appropriated. considered to be in a position of authority over a victim HF625-Anderson, P. (R) for purposes of the criminal sexual conduct laws. HF612-Howes (R) Civil Law Environment, Energy & Natural Resources Liability protections provided for those grazing HF637-Drazkowski (R) Policy & Finance livestock on state land. Health & Human Services Reform Upper Mississippi comprehensive plan money Food, beverage and lodging establishment statutes appropriated. HF626-Anderson, P. (R) exemption modified. Agriculture & Rural Development HF613-Kelly (R) Policy & Finance HF638-Myhra (R) Government Operations & Elections Ethanol blender pump grant money appropriated. Education Reform Red Wing Port Authority member terms provided. School grading system created, school recognition HF627-Howes (R) program created, school report cards modified, HF614-Kelly (R) Education Reform rulemaking authorized and report required. Health & Human Services Reform Flexible learning year programs pre-Labor Day start Dental laboratories regulated. prohibited. HF639-Kiel (R) Higher Education Policy & Finance HF615-Buesgens (R) HF628-Smith (R) Northland Community and Technical College Transportation Policy & Finance Commerce & Regulatory Reform aviation maintenance expansion project funding Driver education requirements modified for Employers hiring illegal immigrants penalties provided, bonds issued and money appropriated. obtaining an instruction permit. provided, documents that are included in the crime of aggravated forgery added, penalty increased for HF640-Slocum (DFL) HF616-Gunther (R) aggravated forgery and sex trafficking established as Public Safety & Crime Prevention Taxes a separate crime from the promotion of prostitution. Policy & Finance Personal property of an electric generation facility Background checks required for individuals exemption provided. HF629-Dettmer (R) appointed to coroner or medical examiner staff. Taxes HF617-Woodard (R) Nonprofit community-service organization HF641-Slocum (DFL) Education Reform expenditures allowed to be considered charitable Education Reform AmeriCorps Innovation aligned to federal law. contributions to qualify for a reduced property tax Teacher and school administrator cultural classification. competency training required for those seeking to HF618-Beard (R) renew their professional license. Environment, Energy & Natural Resources HF630-Benson, M. (R) Policy & Finance Taxes HF642-Slocum (DFL) Innovative energy project provisions modified and Valuation exclusion authorized for improvements to Judiciary Policy & Finance clarified. homestead properties. Child certified as an adult provided to be detained in a juvenile facility prior to trial and verdict. HF619-Dill (DFL) HF631-Dill (DFL) Environment, Energy & Natural Resources Environment, Energy & Natural Resources HF643-Slawik (DFL) Policy & Finance Policy & Finance Jobs & Economic Development Finance Deer, moose and elk stand height restrictions St. Louis County; public and private sales of tax- Oak Park Heights pedestrian tunnel funding removed. forfeited land authorized. provided.

HF620-Dill (DFL) HF632-Howes (R) HF644-Simon (DFL) Environment, Energy & Natural Resources Commerce & Regulatory Reform Civil Law Policy & Finance Plumber restricted license limited transfer allowed. Paternity and maternity determination provisions Drum use while baiting bear allowed. modified.

February 25, 2011 Session Weekly 21 HF645-Mullery (DFL) HF657-Hoppe (R) HF669-Loon (R) Jobs & Economic Development Finance Commerce & Regulatory Reform Education Reform Minority population grant program provided for Event ticket practices regulated and consumer protec- Early childhood education scholarship finance collaborative activities to reduce unemployment and tion minimum standards established. system created, early education worker training and money appropriated. retainment tax credits provided, early childhood HF658-Atkins (DFL) education programming quality improved and money HF646-Davnie (DFL) Environment, Energy & Natural Resources appropriated. Health & Human Services Reform Policy & Finance Reproductive privacy right established. Dakota County; Darvan Acres Nature Center money HF670-Swedzinski (R) appropriated. Jobs & Economic Development Finance Minnesota Inventors Congress money appropriated. HF659-Atkins (DFL) Thursday, February 24 Transportation Policy & Finance HF671-Quam (R) Education Finance HF647-Clark (DFL) Highway 55; funding provided for an interchange, Special School District No. 1, Minneapolis; additional Jobs & Economic Development Finance trunk highway bonds issued and money appropriated. integration levy removed. Minneapolis; Heart of the Earth Interpretive HF660-McDonald (R) Center funding provided, bonds issued and money Judiciary Policy & Finance HF672-Dettmer (R) appropriated. Repeat sex offender 36-month presumptive executed Education Reform HF648-Clark (DFL) sentence provided. Charter school pilot project established to examine the policy implications of allowing the charter school Legacy Funding Division HF661-Hornstein (DFL) to become an educational entity within a school Minneapolis; Heart of the Earth Interpretive Center Government Operations & Elections district while retaining the autonomy and flexibility money appropriated. Municipal street improvement district establishment of a charter school. HF649-Davids (R) and street improvement fee apportionment within HF673-Banaian (R) Taxes districts authorized, street improvement plan adoption required and collection of fees authorized. Government Operations & Elections Cities allowed local sales tax imposition if criteria Public value impact statements required for are met. HF662-Kahn (DFL) legislation. Agriculture & Rural Development HF650-Kieffer (R) Policy & Finance HF674-Liebling (DFL) Transportation Policy & Finance Medical marijuana regulated production provided for Taxes Driver education and examination related to carbon export and rulemaking authorized. Estimated tax threshold payment requirement monoxide poisoning regulated and technical changes increased. made. HF663-Kahn (DFL) Health & Human Services Reform HF675-Gunther (R) HF651-Hancock (R) Jobs & Economic Development Finance Environment, Energy & Natural Resources Federal agencies memorialized concerning Minnesota- Graduation and retention grant requirements modified, Policy & Finance licensed health care professionals and their involvement in torture or cruel, inhuman or degrading treatment Twin Cities RISE! funding provided and money LaSalle Lake State Recreation Area established or punishment of prisoners. appropriated. as a satellite unit of Itasca State Park and money appropriated. HF664-Hackbarth (R) HF676-Cornish (R) Commerce & Regulatory Reform Transportation Policy & Finance HF652-Hancock (R) Unmarked vehicle plates provided for conservation Health & Human Services Finance Elevator compliance provisions modified. officers. Clearwater County; daily rate for an intermediate care HF665-Hornstein (DFL) facility increased and money appropriated. Taxes HF677-Kiffmeyer (R) Education Finance HF653-Murdock (R) Corporate franchise taxation; foreign source income Independent School District No. 728, Elk River; fund Jobs & Economic Development Finance preferences eliminated, subtraction for foreign royalties repealed, domestic corporation definition expanded to transfers authorized. Wadena; community center, ice arena and swimming include certain foreign corporations incorporated in pool funding provided, bonds issued and money or doing business in tax havens, and foreign operating HF678-Slawik (DFL) appropriated. corporations repealed. Commerce & Regulatory Reform Park owner remedies and lien established when a HF654-Wardlow (R) HF666-Mahoney (DFL) home is abandoned. Civil Law Jobs & Economic Development Finance Limitation period reduced for bringing certain Annual construction code transfers modified. HF679-Marquart (DFL) actions. Taxes HF667-Mahoney (DFL) Valuation notice required to specifically note when HF655-Kieffer (R) Jobs & Economic Development Finance a property has been reclassified from the previous Education Reform Conservation Corps Minnesota statewide job skills assessment year. Mathematics GRAD exception removed and high development program grant administration money school assessments established to determine college appropriated. HF680-Buesgens (R) and career readiness. Taxes HF668-Urdahl (R) Property tax and other property tax authority funding HF656-Torkelson (R) Health & Human Services Reform power eliminated. Environment, Energy & Natural Resources Medical nonemergency transportation single admin- Policy & Finance istrative structure proposal development directed. HF681-Downey (R) Clean Water Legacy Act; money appropriated from Government Operations & Elections the Clean Water Fund, act modified, membership Minnesota pay for performance pilot program and duties of the Clean Water Council revised and established, funding provided, bonds issued and appointments provided. money appropriated.

22 Session Weekly February 25, 2011 HF682-Kiel (R) effectiveness audits, interagency agreement required HF707-Champion (DFL) Education Reform between commissioner of human services and com- Commerce & Regulatory Reform Career and technical levy modified, and career and missioner of commerce to conduct a cost-effectiveness Seller of goods or services prohibited from accepting technical education credits provided. audit, payments reduced to managed care plans; loss a financial transaction card in payment unless photo ratio for managed care and county-based purchasing identification is produced. HF683-Dittrich (DFL) plans, additional performance withhold and work Education Finance group on plan regulation and reporting established. HF708-Champion (DFL) School funding program equalization aid levels Judiciary Policy & Finance increased. HF695-Mack (R) Determination modified when a party prevails on Civil Law a claim removed from conciliation court to district HF684-Hansen (DFL) Civil immunity extended to municipalities that court for the purposes of recovering district court costs. State Government Finance donate public safety equipment. Mighty Ducks grant provided for new or renovated air HF709-Champion (DFL) handling system of indoor ice facilities, bonds issued HF696-Runbeck (R) Judiciary Policy & Finance and money appropriated. Government Operations & Elections Good conduct certificates established and effects Local government authority to issue bonds payable described of certificate and eligibility for one and HF685-Knuth (DFL) with property taxes for employee benefits repealed. money appropriated. Civil Law Grandparent visitation governing provisions HF697-Runbeck (R) HF710-Champion (DFL) modified. Commerce & Regulatory Reform Judiciary Policy & Finance For-profit community enhancement incorporation Criminal record expungement authorized for HF686-Bills (R) provided. individuals who have received stays of adjudication Government Operations & Elections or diversion, expungements authorized without Legislator and constitutional officer compensation HF698-Drazkowski (R) petitions in cases where charges were dismissed against reduced upon failure to enact balanced budget Government Operations & Elections a person upon prosecutorial approval and with victim provisions in a timely manner. Local government comparable worth requirements notification, persons petitioning for an expungement repealed. required to provided a copy of criminal complaint HF687-Bills (R) or police report, and opening of expunged records Veterans Services Division HF699-Peterson, S. (DFL) authorized without a court hearing. Military member reemployment refundable credit Veterans Services Division provided and money appropriated. Disabled veterans preference points exam HF711-Wardlow (R) requirement changed. Taxes HF688-Simon (DFL) Long-term capital gains provided. Transportation Policy & Finance HF700-Simon (DFL) Freight rail line noise mitigation barrier installation Government Operations & Elections HF712-Nornes (R) and construction money reauthorized and bonds Voter registration and unlawful voting violations Transportation Policy & Finance issued. criminal penalties specified. Mini-truck operation authorized on local roads and special permits eliminated for mini-truck operation. HF689-Huntley (DFL) HF701-Davids (R) Health & Human Services Reform Taxes HF713-Brynaert (DFL) General Assistance program modified. Income tax reciprocity study required with Higher Education Policy & Finance Wisconsin. Minnesota State University, Mankato clinical science HF690-Atkins (DFL) building funding provided, bonds issued and money Environment, Energy & Natural Resources HF702-Lesch (DFL) appropriated. Policy & Finance Agriculture & Rural Development Dakota County; Darvan Acres Nature Center funding Policy & Finance HF714-Clark (DFL) provided, bonds issued and money appropriated. Dog and cat breeder licensing and inspection Transportation Policy & Finance provided. Transit shelters and stops design, accessibility and HF691-Smith (R) maintenance regulated; and access required in special Public Safety & Crime Prevention HF703-Loon (R) transportation service buses. Policy & Finance Commerce & Regulatory Reform Law enforcement officers required to record the Brewer’s license holder allowed to operate on-sale HF715-Persell (DFL) country of citizenship and immigration status of felon facility. Environment, Energy & Natural Resources arrestees, and peace officers required to report suspected Policy & Finance immigration violations by felon arrestees. HF704-Gruenhagen (R) Paul Bunyan Trail funding provided, bonds issued Civil Law and money appropriated. HF692-Smith (R) Seat belt use evidence admissibility regulated in civil Environment, Energy & Natural Resources actions. HF716-Gunther (R) Policy & Finance Agriculture & Rural Development Military service member license provided to take deer HF705-Crawford (R) Policy & Finance and angle without a fee upon discharge. Government Operations & Elections Mandatory environmental assessment worksheet Counties permitted to perform private audit meeting category rulemaking required. HF693-McFarlane (R) standards of state auditor, federal single audit Jobs & Economic Development Finance permitted for cities and counties, mandated reporting HF717-Abeler (R) Minority business development programs money eliminated, alternative website publication provided, Higher Education Policy & Finance appropriated. building code official designation made permissive, Minnesota State Colleges and Universities system municipal planning process mandates modified, clerk credit transfer required. HF694-Hosch (DFL) hire mandate repealed in certain counties, provisions Health & Human Services Reform on seed and feed loans repealed, group insurance HF718-Champion (DFL) Managed care and county-based purchasing plan mandates for governmental units repealed and out- Government Operations & Elections requirements modified, provider payment rate data of-state travel policy mandate repealed. Civil rights restoration and civil rights possible loss access provided, managed care and county-based plans notices required. serving state health care program enrollees required HF706-Hancock (R) to annually provide data necessary to conduct cost- Taxes Aircraft exempted from the sales and use tax. February 25, 2011 Session Weekly 23 Minnesota House of Representatives Public Information Services 175 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155-1298

Speaker of the House: Kurt Zellers Majority Leader: Matt Dean Minority Leader: Paul Thissen

Session Weekly

Director MINNESOTA INDEX Barry LaGrave State corrections Editor/Assistant Director Lee Ann Schutz Year the Department of Corrections was established ...... 1959 Assistant Editor State rank for incarceration rate per capita...... 49 Mike Cook Adult correctional facilities in the state...... 8 Adult offenders served through the cycle of intake and release in fiscal year 2010...... 16,539 Art & Production Coordinator Number of adult inmates in facilities on July 1, 2010...... 9,650 Paul Battaglia Number of inmates one year prior...... 9,353 Writers Number of inmates on July 1, 2005...... 8,708 Kris Berggren, Nick Busse, Susan Hegarty, Increase in prison population between July 1, 2000, and July 1, 2010, as percent...... 54 Patty Ostberg Projected inmate population on July 1, 2013...... 9,588 On July 1, 2016...... 10,138 Chief Photographer Tom Olmscheid Percent of sentence served behind bars by inmates...... 66.7 Percent of sentence served on supervised release in the community...... 33.3 Photographers State prisoners, as of Jan. 1, 2011, who were over age 50...... 1,123 Kristin Schue, Andrew VonBank Those over age 60...... 237 Staff Assistants Numbers 10 years prior...... 416, 95 Christy Novak, Angella Hanson Percent of inmates on July 1, 2010, who had at least a college degree...... 12.9 Percent that had not graduated from high school...... 32.5 • To have Session Weekly mailed to you, Juvenile correctional facilities in the state...... 2 subscribe online at www.house.mn/ Approximate number of juveniles served in fiscal year 2010...... 130 hinfo/subscribesw.asp or call Offenders supervised statewide, including those by county probation agents 651-296-2146, 800-657-3550. and community corrections...... 138,000 • Session Weekly Online is available at Estimated number of adults supervised by department agents...... 18,500 www.house.mn/sessionweekly. Approximate number of full-time equivalent employees working for the Department of Corrections...... 4,245 • If you enjoy Session Weekly, please Correctional staff as a percentage of the state employee workforce...... 5.2 consider helping to defray production State rank...... 47 and mailing costs with a voluntary National average, as percent...... 11 donation for the 2011 session. State rank for Minnesota in General Fund expenditures for corrections...... 49 Make your check payable to Minnesota Percent spent on corrections...... 2.7 House of Representatives, and mail it to: National average, as percent...... 6.8 House Public Information Services Percent of Corrections Department operating costs that come from the state’s 175 State Office Building General Fund...... 95 100 Rev. Dr. Martin Luther King Jr. Blvd. Gov. Mark Dayton’s General Fund budget recommendation for fiscal year 2012-2013 St. Paul, MN 55155-1298 for Corrections Department spending, in millions...... $915.17 For general information, call House Public Percent decrease compared to the current biennium...... 1.74 Information Services at 651-296-2146 or — M. Cook 800-657-3550. Sources: Gov. Mark Dayton 2012-13 biennial budget documents; Department of Corrections, including Feb. 24 presentation to the House Public Safety and Crime Prevention Policy and Finance Committee.