SESSION WEEKLY

Break time Rangers stick together Teachers right to strike Minnesota’s Civil War role

HF1414 - HF1494

A NONPARTISAN PUBLICATION MINNESOTA HOUSE OF REPRESENTATIVES • PUBLIC INFORMATION SERVICES VOLUME 28, NUMBER 15 • APRIL 15, 2011 Flashback to 1991, 2001

Final Four rejection A $500,000 pledge by former Gov. Rudy Perpich, offered as an enticement to bring the NCAA Final Four men’s basketball tournament to the Metrodome in 1992, was rejected by lawmakers April 18. The proposal was shot down by the House Appropriation Committee’s State Government Division. Chairwoman Phyllis Kahn (DFL-Mpls) said upholding the constitutionality of how public funds are allocated is more important than offending the NCAA. Although the commitment came without legislative approval, it helped the state ultimately land the tournament.

Session Weekly April 19, 1991 Stadium debate A bill that would have provided a $140 million loan to the Minnesota Twins to help build a new stadium photo by tom olmscheid was tabled by the House Local Government and Session Weekly, April 12, 1991: Commuters on University Avenue got a chance to see a bigger-than-life rendition of the controversial portrait of former Gov. Metropolitan Affairs Committee. In its original form, Rudy Perpich and his wife, Lola. This was part of a successful campaign to have HF2214, sponsored by Rep. Harry Mares (R-White Bear this be the first official governor’s portrait to hang in the State Capitol to include Lake), would require that one-half of the stadium the first lady. costs be financed by the Twins or other private sector contribution. The bill originally had the state contributing a $100 million interest-free loan.

Session Weekly April 13, 2001

Contents SESSION WEEKLY Session Weekly is a nonpartisan publication of Minnesota House of Representatives First Reading: Iron Range lawmakers stick together at the Capitol • 3-4 Public Information Services. Produced Highlights: Conference committees, Surly brewing, online driver’s ed. • 5-18 during session, it covers the previous week’s news from the House. No fee. Photo Feature: Minnesota’s role in the Civil War • 19 Feature: Illegal action changed teacher bargaining; a new debate rises over Session Weekly (ISSN 1049-8176) is published weekly during the legislative session by right to strike • 20-21 Minnesota House of Representatives Public Bill Introductions: HF1414-HF1494 • 22-23 Information Services, 175 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., Minnesota Index: Religion in Minnesota • 24 St. Paul, MN 55155-1298. Periodicals postage paid at St. Paul, Minn., and additional offices. 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: History Center staff,from left, Flag Conservator Doug Beeke, Project Manager Aaron Novodvorsky, Textile Conservator Anne Frisina and Curator Matt Anderson move the Civil War flag of the 3rd Minnesota Volunteer Infantry Regiment’s – 35-Star National Flag into one of the four flag cases in the Rotunda April 8. ­— Photo by Tom Olmscheid FIRST READING

Rangers in a strange land Iron Range lawmakers stick together at the Capitol

By Nick Busse unique and indelible fixture at the Capitol. Known for their fierce o one can accuse Rep. Tom Rukavina independent streak and their loyalty to each other — and in some cases, their distinct northern Minnesota accents — the group has (DFL-Virginia) of going down without earned a distinguished reputation at the Capitol. a fight. When a proposal was made to “The range has got a lot of colorful people there — very colorful N legislators,” said Rep. Bob Gunther (R-Fairmont). strip $60 million out of an Iron Range trust It was Gunther who sponsored the controversial $60 million fund fund to help balance the state’s budget, he transfer (included in the omnibus jobs and economic development resisted it every step of the way. finance bill); it was he who had to bear the brunt of the rangers’ fury. In spite of the friction this has caused, he said he counts many rangers, both past and present, as close personal friends. He also said the fund transfer wasn’t his idea. “This is an outright theft of money from people that don’t deserve “I identify very much with who they are and what they do and this,” he told members of the House Ways and Means Committee what they protect,” he said. on March 28. He demanded to know whose idea the fund transfer With its deep roots in the labor movement, the Iron Range is a was. “Who’s the moochers here?” he snapped. major power base for the DFL, and the rangers’ emphatically pro- Two days later, Rukavina pressed his case in the House Taxes union politics rankle many Republicans. At the same time, rangers Committee, again to no avail. When the offending bill was finally are also known for their libertarian streak, and aren’t afraid to break brought up for a floor vote April 5, he made sure to let everyone know with their own party on key issues. All this would seem to put them just who they were taking money from. at odds with colleagues from both parties, but the group’s spirited “We’re proud people,” he began. “I’m proud. I’m so proud personalities have earned them friends on both sides of the aisle. to be a ranger, every time I turn that corner in Midway, “My experience here in 25 years is, people hate to love us, but they that little suburb of Virginia … and see those big pits do,” Rukavina said. kickin’ out that ore, I am proud to be who I am.” The Iron Range delegation, as the eight state Holes in the earth lawmakers from Minnesota’s mining The history of the Iron Range is inseparable from the history of region are collectively mining. Not only does the industry anchor the region’s economy; it has known, are a had a defining impact on the culture and politics of the people there. Geographically, the Iron Range consists of a 100-mile wide swath 3A of mineral-rich land in the northeast corner of the state. The people who live there largely descend from the working- Anzelc class families who immigrated Saxhaug from all over Europe to help 6A mine iron ore beginning in the Rukavina late 19th century. 5A Dill Mining is difficult, dirty, Tomassoni dangerous work, and as the miners The fought to make their work conditions better and their communities more 5B Rangers Melin livable, they became a focal point of the labor movement. While they struggled for their rights as workers, they also played a pivotal role in U.S. history. Between 1900 and Bakk 1980, the range produced about 60 percent of the nation’s total McElfatrick iron output. The steel that was made from Minnesota’s iron ore 3B First Reading continued on page 4

April 15, 2011 Session Weekly 3 First Reading continued from page 3 built skyscrapers and battleships, and was a key component of American industrial and military power. “The history of the range is really magnificent,” said Rep. Carolyn McElfatrick (R-Deer River), the delegation’s lone Republican. “I have a tremendous respect for what the Iron Range has done — not just for our people there, but for our country.” Beginning in the 1950s, deposits of high-grade ore became depleted. Scientists developed a process to refine lower-grade ore called “taconite,” which is now the range’s biggest export. Today, many on the range seek a more diversified economy, and there has been some success toward that end. Companies like Delta Dental, Blue Cross Blue Shield of Minnesota and Delta Airlines now employ hundreds of residents. But Rep. Tom Anzelc (DFL-Balsam Township) believes the area’s photo by andrew vonbank abundant natural resources will always be its Rep. Carly Melin, Rep. Tom Anzelc and Rep. Tom Rukavina pose in front of an enlarged photo of the lifeblood. MinnTac taconite facility that hangs on the wall in Rukavina’s office. Together with Rep. David Dill “We dig holes in the earth to extract and Rep. Carolyn McElfatrick, they comprise the House’s Iron Range delegation. minerals; we cut trees to make toilet paper and two-by-fours; and we’ve got those Changing times arrived somewhat unexpectedly, having beautiful lakes and forests,” Anzelc said. At the age of 25, Melin represents a new defeated 14-term veteran Rep. Loren Solberg. Because of the uniqueness of their economy generation of Iron Rangers. But like those Though her priorities fall mostly in line within the state, range lawmakers tend to who came before her, she’s ready to take up with those of other Republicans, McElfatrick vote together on issues of significance to the cause of the range and its people. voted “no” with the other Iron Rangers their region. As Rukavina puts it, “We fight “There’s no other area in the state of on the transfer from the Douglas Johnson together down here. We don’t always agree, Minnesota that has an economy like we fund. It was a hard decision, but she said she but we don’t disagree do, and that relies agrees with the DFL rangers that the fund is publicly.” “We’re proud people. I’m proud. I’m so on the minerals and important for the region’s future. The proposed “This is important for our today, but it’s proud to be a ranger, every time I turn resources like we do. $60 million transfer … That’s why we stick also important for our tomorrow. I am asking from the Douglas J. that corner in Midway, that little suburb together down here,” that that be respected,” she said on the House Johnson Economic of Virginia… and see those big pits kickin’ Melin said. floor. Protection Trust out that ore, I am proud to be who I am.” On the floor and McElfatrick said the last election shows Fund is a prime — Rep. Tom Rukavina in committee, the that people on the range are eager for example. The fund, (DFL-Virginia) older rangers have some change, but only time will tell if the which is paid for taken to referencing conservative shift will stick. Either way, she through a production tax on mining, is “Rep. Melin’s generation.” They see Melin said the DFL rangers have welcomed her to used to fund economic development projects as not just the newest and youngest member the group with open arms. on the range. The goal is to help smooth of the group, but as the beginning of a new “They have been very gracious to me, and out the boom-and-bust cycle of mining by chapter in the range’s history. I appreciate that, because I am a little bit out promoting a diversified economy. “She definitely is gonna be the future of of the mold,” McElfatrick said. “Right now we’re lucky enough that our the range,” Rukavina said. “Hopefully as us taconite mines are at full production. In old timers get old, we’ll get replaced by the 2009, they were all shut down, and there same quality people.” To find out who represents was 3,600 people out of work,” said Rep. Melin replaced former Rep. Tony Sertich, you at the Capitol . . . Carly Melin (DFL-Hibbing). Like the other Call House Public Information whom Gov. Mark Dayton appointed to serve Services at 651-296-2146 rangers, she believes the Douglas Johnson as commissioner of the Iron Range Resources or 800-657-3550 fund is needed “so we have some room to fall and Rehabilitation Board. But the other back on when we’re not at full production.” new member of the delegation, McElfatrick,

4 Session Weekly April 15, 2011 HIGHLIGHTS A P r i l 7 - 14, 2011

the House preferred to support the program Editor’s note: The following Highlights are Legislature to take a break coverage of select information heard in House with General Fund dollars. committees and other House activities held Other provisions in the bill include a one- No Session Weekly on April 22 April 7-14. Designations used in Highlight time increase in funding to hire more retail summaries: HF-House File; SF-Senate File; Ch- food handler inspectors. The Agriculture The Legislature will be on a Passover/Easter Chapter; and *- the bill version considered by break with no committee meetings or sessions the House or the bill language signed by the Department estimates it has a 40 percent scheduled from 3 p.m. April 18 through April governor. backlog of inspections. 25. There will be no Session Weekly on April 22 The House’s appropriation for Ag in the but we will resume publication the following Classroom programs, which neither the week. However, look for posts on Session Daily, Twitter, Facebook and YouTube next week Senate nor the governor recommended when news from the House warrants. Agriculture funding, was spared the knife and would House offices will remain open except on receive a $200,000 biennial appropriation. Friday, April 22. Conferees discussed at length a Senate House passes Ag bill provision that may require a pesticide The omnibus agriculture and rural application permit if a site being sprayed development finance bill conference will be revisited in the House Agriculture includes public waters, such as lakes or and Rural Development Policy and Finance committee approved HF1039/SF1016* as streams. The Pollution Control Agency said amended April 11 and the House passed the Committee, where he serves as chairman. the definition was too narrow and wants — S. Hegarty report 107-20 April 14. the statute to include “waters of the state,” Overall, the bill appropriates $76.8 million which is more broadly defined. Fearing that Legislature passes Green Acres report from the General Fund. farmers would be required to obtain a permit Among its provisions, it takes $280,000 The House passed a conference committee to spray low-lying areas in fields that may be report 102-27 April 11 that would revise the from the Agricultural Utilization Research temporarily under water, conferees objected Institute’s $5.6 million biennial budget to Green Acres and Rural Preserve programs. and deleted the controversial language. Sponsored by Rep. Mike LeMieur (R-Little increase anhydrous ammonia inspections. Rep. Rod Hamilton (R-Mountain Lake), The Senate had proposed a surcharge and Falls) and Sen. Jeremy Miller (R-Winona), who sponsors the bill with Sen. Doug HF12*/SF222 was passed 45-15 by the Senate re-inspection fee as part of the plan to beef up Magnus (R-Slayton), said the policy issue inspections of the agricultural fertilizer, but April 14. It now heads to the governor. In 2008, legislators created a dual tax classification system for productive (2a) and non-productive (2b) agricultural land and provided that, in the future, non-productive (2b) agricultural land would no longer be allowed in the Green Acres program. In 2009, the Legislature created a new program called Rural Preserve for non-productive (2b) land with tax benefits similar to Green Acres. In order for land to be enrolled in Rural Preserve, a farmer was required to develop a conservation plan and sign a covenant that the land would not be developed or farmed for a period of years. As amended, the bill would no longer require farmers to develop a conservation plan or sign a covenant agreement to enroll in Rural Preserve. It would also grant farmers who removed land from the Green Acres program as a result of 2008 and 2009 changes a chance to reapply for either program this year with their respective counties by Aug. photo by tom olmscheid 1, 2011. After that, the annual enrollment During an April 11 conference committee, Rep. Rod Hamilton, left, chairman of the House Agriculture and Rural Development Policy and Finance Committee, waits as Sen. Doug Magnus, top center, deadline would return to May 1. Conferees chairman of the Senate Agriculture and Rural Economies Committee talks with Senate staff, Greg said that will give counties extra time to Knopff,right , and Daniel Mueller to get their reaction to a motion to accept a House section of the bill. explain the program changes to the farmers. The bill includes a recommendation by

April 15, 2011 Session Weekly 5 Rep. Kurt Daudt (R-Crown) to remove a net jobs impact to the state. Banaian said Myron Frans, states that current House and 10-acre minimum requirement to enroll in the information would help the committee Senate budget proposals are out of balance by Rural Preserve (class 2b). It was replaced with determine which projects to fund. $1.2 billion and $1.16 billion, respectively. a requirement that the property, of any size However, Rep. Morrie Lanning At a press conference, House Speaker acreage, be contiguous to property enrolled (R-Moorhead) raised a concern over a one- Kurt Zellers (R-Maple Grove) said the in Green Acres (class 2a) and under the same size-fits-all approach to measuring the value administration is underestimating the ownership. of projects. savings from Republicans’ government House conferees accepted Senate language Rep. Tom Rukavina (DFL-Virginia) reform proposals. He said not all the that would require, as part of the application questioned how emergency projects would be proposals are easily quantified because process, an aerial photograph or satellite dealt with, such as flooding or, in a situation they’ve never been done before. image of the property enrolled. Forms would like the city of Aurora, where a sewage plant “Just because you don’t like the idea doesn’t need to warn enrollees about the claw back blew up. mean that these savings cannot be realized,” consequences of terminating the Rural Banaian said that if the bill was to move Zellers said. Preserve program. forward, he would need to “clearly address The letter states that the budget bills Covenants that had already been signed emergency situations,” adding that his intent include reductions that are “unspecified” would be terminated and no longer required. is to have the form only as a tool and not as a and “unworkable.” It says many of the Also, interested parties would work together requirement to have a project bonded. reforms being proposed are already in effect to explore an alternative method for The companion to Anderson’s bill, SF535, within executive branch agencies. The determining the taxable value of enrolled is sponsored by Sen. Chris Gerlach (R-Apple commissioners state that planned savings agricultural land. A report would be due by Valley), and the companion to Banaian’s bill from cuts to the state’s workforce are counted Feb. 15, 2012. is SF500, sponsored by Sen. John Pederson twice in different budget bills. — S. Hegarty (R-St. Cloud). Both await action by the Additionally, a $750 million savings from Senate Capital Investment Committee. federal health and human services waivers Bonding — L. Schutz is called “unobtainable” in the letter, which states that federal officials are unlikely to sign Budget off on the plan. Accountability for bonded projects Sen. David Hann (R-Eden Prairie) denies Hundreds of millions of dollars are that claim, and called on Dayton to use his annually expended on bonds for public capital Budget numbers in dispute political clout to help obtain the waivers. investment projects, and some representatives Republican leaders disputed an April “We have put forward a proposal that is think more needs to be done to quantify 12 letter from Gov. Mark Dayton’s entirely defensible. It does depend on the actual return on the state’s investment. administration saying their budget plans governor’s willingness to work with us,” The House Capital Investment Committee fall roughly $1.2 billion short. Hann said. laid over two bills April 12 that would move The letter, signed by Minnesota The leaders played down the apparent the project selection process toward one that Management & Budget Commissioner Jim difference between the administration’s could include a return on investment analysis Schowalter and Revenue Commissioner numbers and their own. Zellers said the and a report on the number of jobs created. Rep. Sarah Anderson (R-Plymouth) sponsors HF194 that would require Minnesota Management & Budget to report by Sept. 1 of each odd-numbered year on the jobs created or retained as a result of capital project funding during the previous biennium. She said that during bonding hearings supporters talk about the number of jobs to be created or retained, but those numbers are never quantified. Her bill would help lawmakers get “a better picture of the jobs generated, so that the left hand knows what the right hand is doing as far as the outcome, especially on the projects we authorize.” Sponsored by Rep. King Banaian (R-St. Cloud), HF369 would encourage completion of a return on investment form as part of the project application. photo by tom olmscheid Information sought would include a House Speaker Kurt Zellers reacts April 12 to a letter from Gov. Mark Dayton’s administration that comprehensive description of the project’s implies the Republican budget-balancing plan will fall about $1.2 billion short. Senate Majority Leader statewide value and a 10-year look at cost Amy Koch and Sen. David Hann, chairman of the Senate Health and Human Services Committee, of ownership, revenue projections and the joined Zellers to respond to the letter.

6 Session Weekly April 15, 2011 actual amount of savings in the budget bills questioned whether there is enough money Jobs bill is brewing will be debated and agreed to during the left in the General Fund to establish the trust A jobs bill is brewing. HF703, sponsored course of normal budget negotiations. He fund. Gunther replied that there currently is by Rep. Jenifer Loon (R-Eden Prairie), would said he hopes to engage commissioners in not, but that he’s hoping to find some. allow microbreweries in Minnesota to open the conference committee process and pass The committee approved the bill and on-site taprooms where they could hold bills the governor will sign. sent it to the House Commerce and tasting events and sell their own beer. “Both the House and Senate have Regulatory Reform Committee. Sen. John Loon admits she isn’t much of a beer drinker, established their positions. Now is the time Sterling Howe (R-Red Wing) sponsors the but is eager to help entrepreneurs like Omar to negotiate and make sure we’ve got a good companion, SF803, which was laid over for Ansari, founder and president of Brooklyn product that comes out of the conference possible omnibus bill inclusion by the Senate Center-based Surly Brewing Company, grow committees,” Zellers said. Jobs and Economic Growth Committee on their businesses and create jobs. — N. Busse March 16. Ansari told the House Commerce and — N. Busse Regulatory Reform Committee April 13 that he has plans to build a new facility to Business & Commerce Liquor license could be college buzz accommodate his expanding business, which Private colleges could more easily add buzz has grown from 1,600 kegs sold in 2006, its Small business loan guarantee to alumni parties, donor dinners or other first year of operation, to 24,000 last year. A plan to spur lending to small businesses catered events — namely, bubbly, beer or He would like to open a taproom where he by having the state guarantee certain loans other alcoholic beverages. could sell varieties of Surly and hold events. cleared its first committee hurdle April 12. HF1174, sponsored by House Commerce The bill could help him and other specialty Rep. Bob Gunther (R-Fairmont) sponsors and Regulatory Reform Committee breweries promote their product, create HF611, which would establish a small Chairman Joe Hoppe (R-Chaska), would brand awareness, generate cash flow and even business loan guarantee program. His goal is allow municipalities to grant liquor licenses capital for expansion. to thaw credit markets that have been frozen to private, nonprofit colleges with a caterer’s The committee laid the bill over for during the recent economic crisis. permit or that contract with a licensed possible inclusion in an omnibus liquor bill. “Lack of access to capital continues to be a caterer for on-site events. Sen. Linda Scheid (DFL-Brooklyn Park) major barrier to growth of small businesses,” The committee laid the bill over sponsors a companion, SF416, which awaits he told the House Jobs and Economic April 12 for possible inclusion in an omnibus action by the full Senate. Development Finance Committee. liquor bill. Sen. Chris Gerlach (R-Apple Under the proposal, the state would Valley) sponsors a companion, SF918, which guarantee up to 70 percent of loans made by awaits action by the Senate Commerce and qualified gap lenders — organizations that Consumer Protection Committee. provide subordinate loans in conjunction with The bill is not intended to help campuses larger loans made by commercial financial open a pub or bar. A University of St. institutions. The total guarantee amount Thomas neighborhood advisory group whose would be capped at $1.5 million per loan. concerns squashed a similar effort on its St. One example of a qualified gap lender Paul campus last year voted in February to under the bill’s provisions is the Minnesota support the bill, according to Doug Hennes, Community Capital Fund. Scott Martin, its the university’s vice president for university president and CEO, said the fund helps grow and government relations. He said they did small businesses in Greater Minnesota by so in good faith that the university would giving them leverage to obtain the financing negotiate such conditions as hours of sale, they need. and that there would be no bar on campus. “We know that with the 70 percent loan The law could apply to 17 colleges in the guarantee, the money will begin to flow state, said Scott McMahon, director of again through us to the business borrowers government relations and community affairs in Minnesota,” Martin said. for the Minnesota Private College Council. The bill specifies a number of criteria and Of those, several have indicated they would requirements for businesses to qualify for the pursue a license, others may want to explore program. Basic requirements include having the possibility with their municipality and 500 or fewer employees and using the money still others do not want any alcohol on for specified business purposes exclusively in campus. Hennes said colleges can already contract photo by tom olmscheid the state. Omar Ansari, right, founder and president of The bill would establish a loan guarantee with caterers for such events, but having Surly Brewing Company, reacts as a member of trust fund within the Department of their own license makes it more efficient and the House Commerce and Regulatory Reform Employment and Economic Development. much less expensive to do so. The university’s Committee talks about Surly products during the Minneapolis campus has a license, as does committee’s April 13 hearing. Rep. Jenifer Loon, Its language includes an unspecified left, sponsors a bill that would allow brewery appropriation from the General Fund. Augsburg College. license holders to have on-facility sales of their Rep. Bev Scalze (DFL-Little Canada) — K. Berggren product.

April 15, 2011 Session Weekly 7 The bill could help microbreweries increase year deadline for states to sign on, or face a Department approval this year. Authorizers local demand and even become tourist financial penalty. The legislation has been may be a college or university, school district, destinations in a booming segment of introduced in several states, with six or or certain nonprofit organizations, and must the hospitality industry, said supporters, seven already enacting the changes. She said have a $2 million fund balance and be located including Ryan Petz, founder of Fulton that the collection efforts would only be in Minnesota, among other criteria. Brewing Company in Minneapolis. He enforceable with countries that have signed On April 11, the House Education said states such as Oregon, Colorado, the treaty. Reform Committee approved HF134/SF55*, Washington and California, with laws — L. Schutz sponsored by Rep. Kelby Woodard (R-Belle allowing similar business activity, have Plaine) and Sen. David Hann (R-Eden experienced significant industry growth. Mother seeks help to get child support Prairie), which would extend the deadline Scott Pampuch, owner of Corner Table, a A divorced mother of two is asking for to be re-approved by one year, to June 30, Minneapolis restaurant, said what is being the Legislature’s help in her pursuit of child 2012. It goes next to the House Civil Law proposed makes him “technically” the support for her children. Her problem? Their Committee. microbreweries’ competitor, but that as an father lives in Bermuda. Charter school statutes were amended in entrepreneur himself, he fully supports the Minnesota does not have a child support 2009 and 2010 to require that authorizers bill. services reciprocity agreement with the and the schools with whom they contract “In our business environment right now we British island territory located 640 miles east demonstrate their financial, governance want to do everything we can to encourage of the North Carolina coast, which means as and management accountability. Some business. … We want to encourage the long as Heidi Shea’s ex-husband lives there, authorizers have been rejected because they possibility of people succeeding and lifting Minnesota does not have jurisdiction to haven’t met new standards and goals. If an themselves up and running their own make sure he pays child support. authorizer’s reapplication is not approved, a business,” he said. Shea contacted her legislator in hopes of charter school must seek a new one or close. — K. Berggren solving her problem. The proposed extension could help erase As a result, Rep. Joe Hoppe (R-Chaska) a bottleneck of reapplications and new applications created by the current timetable, Civil Law sponsors HF795, which would require the human services commissioner to initiate said David Hartman, acting supervisor of the procedures to enter into a child support department’s charter school center. Support collections go international enforcement reciprocal agreement with The bill would reiterate that the education With jobs sometimes requiring one parent Bermuda under authority granted by federal commissioner may terminate an authorizer’s in a split family to live overseas, child support law. Nine other states currently have a similar ability to charter a school for specific reasons laws need to be updated to match this new reciprocal agreement with Bermuda. listed or “for any good cause shown.” global reality. Shea said her ex-husband owns a successful Assistant Education Commissioner The Uniform Interstate Family Support contracting business and can afford child Rose Hermodson said the language would Act, through standardization of processes, support. He stopped paying once he realized “protect students and ensure appropriate use makes it easier for states to recover owed child that Minnesota currently is not granted of taxpayer dollars” by giving the department support payments from a parent who has jurisdiction to enforce child support payment some leeway to use its best judgment in moved to another state. HF1198, sponsored laws on him while he resides in Bermuda. certain situations that recently have come by Rep. Pat Mazorol (R-Bloomington), Because of her situation she was unable to to her attention, including loans to charters would do the same for collection efforts pursue any legal action until a judge recently that aren’t approved. internationally through the proposed federal ordered county child support services to take “I do think there’s need for us to have a Hague Convention on the International her case. Even then, there was little workers little broader authority and to be able to use Recovery of Child Support and Other Forms could do to aid in her pursuit of legal action. it in a way that does not negate our work with of Family Maintenance. The bill’s language “It has really been quite a frustrating charters, and in order to work with them to would make the necessary amendments to journey for me in trying to support our be the best that they can be,” Hermodson the UIFSA to support the new treaty effort. children,” Shea told the House Judiciary said. “If we have a child in Minnesota, it will Policy and Finance Committee April 12. — K. Berggren make it easier to collect child support from The committee approved the bill and someone in Germany,” said Mark Ponsolle, sent it to the House floor. Its companion, Mandate relief in sight director of the Ramsey County Attorney’s SF639, sponsored by Sen. Julianne Ortman School boards could see some mandate Office Human Services Division. (R-Chanhassen), awaits action by the Senate relief and also could have some fund transfers As amended, the House Civil Law Judiciary and Public Safety Committee. approved by the education commissioner Committee approved the bill April 11 and — H. Long rather than the Legislature. moved it to the House Judiciary Policy Giving school boards more flexibility and Finance Committee. It has no Senate Education to transfer approximately $2 billion in companion. available funds “could provide some relief Harriet Lansing, a Minnesota Court of for our school boards as they deal with these Appeals judge who serves on the Uniform Clock ticks on charter school agents tough economic times,” said Rep. Sondra Laws Commission, said once the treaty is The clock is ticking on charter school Erickson (R-Princeton), who sponsors acted on by Congress, there will be a two- authorizing agents to re-apply for Education HF381/SF56*with Sen. Dave Thompson

8 Session Weekly April 15, 2011 A two-year probationary period would AmeriCorp Innovation apply to a licensed teacher who moves into a principal or assistant principal job within a district, while retaining their continuing contract status, or tenure, if not promoted after the probationary period. The bill would allow school boards to exempt certain teachers from seniority rules during layoffs due to financial constraints or downsizing, including those in Montessori or language immersion programs; who teach advanced placement courses; or hold a K-12 instrumental vocal license and are a choir, band or orchestra director, if they “meet a unique need in delivering curriculum.” Rep. Kory Kath (DFL-Owatonna) unsuccessfully offered an amendment outlining a professional development and evaluation plan all districts would adopt, including specified evaluation procedures, peer review and coaching. photo by tom olmscheid “This amendment was offered during the Members of the House Education Reform Committee listen as, from left, Bill Adams, principal at Chatfield Elementary School in Belle Plaine, Sarah Dixon, president and CEO of education omnibus bill hearing and it was Minnesota Alliance With Youth, and Audrey Suker, CEO of ServeMinnesota, testify April 12 voted down by the body,” said Rep. Branden for a bill sponsored by Rep. Kelby Woodard, right, that would align AmeriCorp Innovation Petersen (R-Andover). to federal law. “While it’s true that the majority may have spoken on this issue already, at the end of the day, this body’s going to have to (R-Lakeville). The House passed the bill effort in the safe schools level and the Jan. arrive at accord with the executive branch 69-60 April 11, and the amended version 15 deadline, plus the delay in implementing in order to enact law,” said Rep. Carlos now returns to the Senate for concurrence. social studies standards. Mariani (DFL-St. Paul), adding that the The original was passed 36-29 by the Senate Rep. Mindy Greiling (DFL-Roseville) said governor has indicated the plan outlined Feb. 10. the deadline and penalty have “been very in the amendment would be closer to his The bill would lift a Jan. 15 contract effective in eliminating, almost down to zero, preference. deadline and the $25 per pupil penalty strikes in our state.” Erickson said she would keep the imposed on districts where a contract isn’t — K. Berggren amendment available as the conference signed; and a requirement that the school committee process moves forward. Teacher tenure law tweaked board identify vendors of 403 (b) retirement — K. Berggren savings plan in which its employees would Proposed changes to teacher and invest; a maintenance of effort requirement principal contract statutes could add time Full-service school zones created and set-aside of the Safe Schools Levy; a to some educators’ probationary periods, With a few exceptions, such as in high- requirement that school boards of districts but could help some teachers with specialty traffic, -crime or -drug areas, elementary with a population less than 10,000 hire a qualifications keep their jobs amidst layoffs school students aren’t eligible for licensed community education director; and due to declining enrollment and finances. transportation to and from their school, if for 2012 and 2013 only, the requirement that The House Education Reform Committee they live within a mile of their school and 2 percent of a district’s general revenue be approved HF575, sponsored by Committee high school students within two miles. used for staff development. Chairwoman Sondra Erickson (R-Princeton) Rep. Rena Moran (DFL-St. Paul) sponsors Other provisions would allow school April 12. It now goes to the House floor. Sen. HF563, which would allow school boards boards to hold meetings via interactive Dave Thompson (R-Lakeville) sponsors a to add another exception by creating technology with audio and visual links; companion, SF768, which awaits action by “full-service school zones” in areas with require the education commissioner to the Senate Education Committee. socioeconomic challenges and where a school receive legislative authority before making The bill would lengthen the probationary there offers on-site community services such substantive special education rule changes period of teachers to three consecutive years as health and dental care, mentoring and and before adopting social studies standards in a district, with at least 120 teaching days other supports intended to engage parents revisions planned. The revisions would also per year, and require the teacher be evaluated and keep children healthy and in school. be delayed a year until 2014-15, instead of three times throughout each year. Another The House Education Reform Committee 2013-14 as scheduled now. three-year probationary period would be approved the bill April 14. It goes next to the DFL members objected to the provisions, required for teachers moving into a new House floor. Sen. John Harrington (DFL-St. including the repeal of the maintenance of district. Paul) sponsors a companion, SF372, which

April 15, 2011 Session Weekly 9 awaits action by the full Senate. Similarities include that both bodies would not going to get hit with a bill that they are A neighborhood near Dayton’s Bluff repeal a Safe Schools levy set-aside and a Jan. unable to pay,” Kahn said. Elementary is an example of a community 15 deadline and aid penalty for districts that Committee Chairman Morrie Lanning that could benefit. The “Achievement Plus” don’t settle their teacher contracts, and would (R-Moorhead) said a new fiscal note on the school has erased the achievement gap over the eliminate the integration aid revenue category bill’s local impact is currently being drafted, past decade thanks in part to offering holistic and repurpose funds for innovation revenue, and that he hopes a way can be found for the family services, according to Andrew Collins, in the case of the House, and growth aid and state to reimburse local governments. He the school’s former principal, now St. Paul proficiency aid in the case of the Senate. said the issue would be addressed at a future Public Schools assistant superintendent and Both versions would prohibit teacher hearing. director of turnaround schools. strikes. The Senate proposes to freeze teacher Public testimony was taken at the April 7 Collins said some students who live close wages including cost of living increases, hearing. Opponents argued the legislation to the school might like to attend, but through June 30, 2013. The House would is costly and could push certain groups of parents fear for their child walking even a require they accept a qualified economic voters out of the polling place. Supporters few blocks to school, and sometimes choose offer, essentially limiting them to an increase denied this, and argued the cause of election other options. proportional to any basic formula increase. integrity is worth the price. The bill would allow students attending Both would also link teacher evaluations The bill’s companion, SF509, sponsored a school in such a zone to be transported to more heavily to student test scores, though by Sen. Warren Limmer (R-Maple Grove), school even if they live within a mile from the Senate proposal is a broader directive awaits action by the Senate Judiciary and the school. It would also add to the list of allowing school boards to determine the Public Safety Committee. approved locations where students could evaluation methods, while the House — N. Busse be dropped off by school buses after school. proposal prescribes specific ratings and an Besides their home, a relative’s home, or appraisal framework districts would use. Employment a licensed day care facility or after-school — K. Berggren program, the bill would allow parents to choose another location such as a park and Elections Air carrier workers may trade shifts recreation board location or a Boys and Girls Air carrier employees are now Club site. Signed by exempt from overtime — K. Berggren Fiscal concerns over voter ID the requirements under the state’s A proposal to require all Minnesota voters governor Fair Labor Act. K-12 conference committee underway to show photo identification at their polling A new law, signed by Gov. A conference committee on the omnibus place was green-lighted after opponents’ Mark Dayton April 7 and education finance bills has begun its work, fiscal concerns were partially addressed. effective the next day, allows air carriers such with meetings held April 12 and 14 to review Members of the House State Government as Delta Airlines, which employs 12,000 side-by-side comparisons of House and Finance Committee voted 12-8 to people in Minnesota, to permit employees Senate provisions. approve HF210. The bill now goes to the to trade shifts with other employees even if HF934*/SF1030 is sponsored by Rep. House Transportation Policy and Finance they would work more than 48 hours a week. Pat Garofalo (R-Farmington) and Sen. Gen Committee. Sponsored by Rep. Mary Normally, work weeks over 48 hours Olson (R-Minnetrista). Kiffmeyer (R-Big Lake), the bill would require overtime pay under the state’s Both bodies have a target of approximately require voters to present a valid photo ID Fair Labor Act. The ability to trade shifts $14.16 billion but would prioritize different before voting. Other parts of the bill include to balance work and family or other programs. Both bills would increase the basic a provisional balloting system and optional responsibilities is a longstanding practice at formula amount by $50 in 2012 to $5,174 electronic polling place rosters. Delta and is considered a perk. per pupil unit. The House would increase it During a previous hearing April 7, DFL Rep. Leon Lillie (DFL-North St. Paul) and by another $36 in 2013 and by $45 in 2014. committee members asked that the bill be Sen. Ted Daley (R-Eagan) sponsor the law. The Senate would increase it by $50 in 2013, laid over because the fiscal note estimating HF571/SF488*/CH11 but not at all in 2014. its cost was outdated. A new fiscal note — K. Berggren Both bodies propose to cut the Education was presented, and Kiffmeyer successfully Department budget: 30 percent in the House amended the bill to include $4.5 million in Employers could safeguard tips version and about 15 percent in the Senate General Fund appropriations that she said It can be to a server’s advantage to have proposal. would fully fund the bill’s provisions. a restaurant owner safeguard gratuities, Some House provisions not in the Senate Opponents raised concerns that the new Rep. Sarah Anderson (R-Plymouth) told bill are a scholarship program for low-income fiscal note did not cover the additional costs the House Commerce and Regulatory students to attend nonpublic schools; that would be incurred by local units of Reform Committee April 7. For example, a increases in extended time revenue; a new government. Rep. Phyllis Kahn (DFL-Mpls) restaurant could keep tips collected after an category of small schools revenue; converting tried unsuccessfully to amend the bill to employee leaves when their shift is over, or the Perpich Center for Arts Education from require the state to reimburse any locally help administer a tip-sharing plan. a state agency to a charter school; a school incurred costs. The committee approved a bill she grading system; and $10 million for early “I do think we owe some assurance to sponsors, HF809, which would remove a childhood scholarships. the local units of government that they’re restriction against employer participation

10 Session Weekly April 15, 2011 the bill could cause a breach of contract Hot rod Capitol between Crown Hydro and the park board. In a Federal Energy Regulatory Commission letter dated Oct. 1, 1998, Crown Hydro acknowledged its project might endanger the historic site and agreed it would not take any steps that would endanger the area without complete agreement from the park board. HF1440 is a step in that direction, Wagenius said. She wants the bill to go to the House Civil Law Committee. Representating Crown Hydro, Todd Guerrero said the park board is placing the virtues of aesthetics for nearby residents over the production of renewable energy. Guerrero said he has a power purchase agreement with Xcel Energy to buy the hydropower, if it becomes available. Brian Rice, attorney for the park board, said the site falls within a national historic district and receives 1.2 million visitors a photo by andrew vonbank year. The original federal license issued to The State Capitol dome is seen through the windshield of a 1941 Buick. About two-dozen Crown Hydro was for a location within the vintage cars were on display on the Capitol Mall April 12 as part of the annual Minnesota former Crown Roller Mill Building. Rice Street Rod Association’s Day on the Hill. said FERC has since denied amendments and extensions to the proposal. MPRB President John Erwin said the in gratuity sharing agreements. It goes to the project has completely changed since the House floor. There is no Senate companion. Energy FERC license was issued and that it could The bill would allow employers to record negatively impact future development. the tips received for accounting or tax Hydropower at St. Anthony Falls — S. Hegarty reporting purposes and, at the employees’ A skirmish over a proposed hydropower request, safeguard and disburse tips according plant at St. Anthony Falls in Minneapolis New plan for Iron Range plant to a sharing agreement. Employees could not has prompted legislation that would require For the past seven years, Excelsior Energy be coerced by employers to share gratuities. the Minneapolis Park and Recreation Board has been gathering permits and holding public Rep. Joe Atkins (DFL-Inver Grove to consent to the project, which it opposes. hearings to build an integrated gasification Heights) said he is aware that tip sharing is The Crown Mill Hydro Electric Project combined cycle (clean coal) plant on the already common practice in restaurants and would produce and sell electricity by Iron Range. It received millions of dollars that the bill would help employers to stay harnessing water from the Mississippi River from the Renewable Development Fund, the within legal requirements for tax purposes. at the historic falls location and use a system Iron Range Resources and Rehabilitation He sought assurance from Anderson that if of existing tunnels under park board land. Board and the federal government toward the bill reaches the House floor, she would HF1440, sponsored by Rep. Mike Beard the project. To date, construction has not not support any possible efforts to amend it (R-Shakopee), would require the park begun and a few key permits are still needed. with a proposal such as a “tip credit.” board to issue all necessary permits and The plan originally included just IGCC A tip credit could allow employers, such as authorizations by May 31, 2011, for the facilities; the new plan is to build a natural restaurants, to pay less than minimum wage project to move forward. gas burning facility to power an IGCC plant to employees who also receive tips, under the “It’s sustainable common sense energy,” that converts coal into a synthetic gas. The assumption that the employees make up for Beard told the House Environment, Energy natural gas facility would later be converted lower hourly pay through tip income. and Natural Resources Policy and Finance into a second IGCC plant as demand “My request of you is that if it comes up Committee. necessitates. are you going to say, that’s not what this bill The committee approved the bill April In HF618, Excelsior Energy is seeking is about? The employers obviously want it 13 and sent it to the House Government legislation that would extend the life of so they’re safe and sound relative to the law. Operations and Elections Committee. the IGCC permits already granted, so the Can you give me some peace of mind relative Sen. Gen Olson (R-Minnetrista) sponsors permits don’t expire before the conversion to the tip credit issue and other controversial the companion, SF1191, which awaits can occur. kinds of things?” Atkins said. action by the Senate Energy, Utilities and The company also wants to waive future “It’s not my intent to do anything other Telecommunications Committee. possibilities for contested case hearings than what we have before us today,” Anderson Rep. Jean Wagenius (DFL-Mpls) said before an administrative law judge because said. those have already been done on the IGCC — K. Berggren

April 15, 2011 Session Weekly 11 model. Opponents say the switch from determine whether the standards impact allow reimbursement for indirect costs or IGCC to a natural gas facility should start consumer rates. The standard requires that overhead. the clock over. 25 percent of the state’s electricity comes The division is expected to hear Sponsored by Rep. Mike Beard from renewable energy sources by 2025. amendments to the bill April 26. (R-Shakopee), the bill was laid over April The bill has bipartisan support, but Also facing the division is what formula 12 for possible inclusion in the House committee members disagree on the scope to use when splitting the Parks and Trails Environment, Energy and Natural Resources of the process. Rep. Andrew Falk (DFL- Fund three ways between the Metropolitan Policy and Finance Committee’s omnibus Murdock) said the analysis should include all Council regional parks system, the energy policy bill. Sen. David Tomassoni electric transmission costs, including capital Department of Natural Resources and local (DFL-Chisholm) sponsors SF417, a expenses. Rep. Jean Wagenius (DFL-Mpls) government grants. A 40/40/20 percent split companion that awaits action by the Senate said less renewable energy would result in is recommended in the bill. Energy, Utilities and Telecommunications increased health costs from air pollution and Rep. Marion Greene (DFL-Mpls) Committee. should be part of the analysis. unsuccessfully attempted to amend the Rep. Andrew Falk (DFL-Murdock) said Linda Taylor, clean energy director for bill to a 42/42/16 percent split. Rep. Mary what’s currently proposed is not the same Fresh Energy, said the report should only Murphy (DFL-Hermantown) said, due to project that was permitted. include rate-making information and not the increase of available funds, the 40 percent “You’re changing it from an integrated coal the utilities’ integrated resource plans. allocations to the regional parks and the carbon capture project to a very standard Taylor also said the report should be uniform DNR would still equate to more funding run-of-the-mill natural gas plant. Obviously between utilities, so that the information than the previous 42 percent level. Adding these things are different, so why shouldn’t is being gathered and reported in the same another 4 percent to the grants programs the public be allowed to go and have their manner. She also asked that language would help spread the funds even further. comments heard?” regarding the protection of trade secrets be Administered by the DNR, the grant Excelsior Energy attorney Tom Osteraas added to the bill. program allocated 60 grants totaling $8.5 said there would still be opportunities Sara Rummel, legislative director for the million over the past biennium, according for public hearings on the natural gas Service Employees International Union of to DNR officials. facility, just not contested hearings before an Minnesota, also wants the health savings In addition to granting $45.7 million to administrative law judge because those have noted as well as the jobs created as a result the Pollution Control Agency and more already happened. of the renewable energy standard. than $54 million to the Board of Water and The project, designated as an innovative Sen. Michelle Benson (R-Ham Lake) Soil Resources for various technical projects, energy project site, has received exemptions sponsors a companion, SF1093, which awaits some of the more significant projects that and waivers not normally afforded private action by the Senate Energy, Utilities and would be funded in the bill include: companies. Ronald Rich, an environmental Telecommunications Committee. • $7.8 million toward acquiring and and air quality consultant, said if a natural — S. Hegarty managing land adjacent to LaSalle Lake gas facility is built instead of an IGCC to be used as a new state recreation area; system, it should no longer be considered an • $5.4 million for phase 3 of the Forests “innovative energy project.” Env. & Natural Resources for the Future acquisition and easement The preferred site chosen for the plant is on program; 1,260 acres near Taconite, with an alternative Division ponders Legacy funding • $5 million to provide loans for agriculture site located near Hoyt Lakes. The company House Legacy Funding Division best management practices; and plans to use water from nearby mine pits as Chairman Dean Urdahl (R-Grove City), • $2 million for grants to the state’s four its main source of cooling water. gave members homework to complete during children’s museums. Excelsior Energy CEO Julie Jorgensen said the Easter/Passover break. He asked them New spending includes creation of an the environmental impact statement issued to find a solution to two issues regarding account to pay for ongoing maintenance of last March laid the groundwork for acquiring HF1061, the Legacy funding bill, which he forest land easements. The Forests for the the remaining state permits needed to begin sponsors. Future conservation easement account would construction. One of those permits is to The funds are revenue generated from the cover the costs associated with its program. It identify a buyer for the power. voter-approved three-eighths of 1 percent also would create a State Capitol Preservation — S. Hegarty sales tax that will continue through June Commission to serve as stewards of the 2034. The $450.4 million pot is divided building. As another new funding recipient, How much do renewables cost? into four dedicated funds. county fair boards could apply for arts grants Analyzing the cost impact on utility rates There is inconsistency in how much each from the Department of Agriculture to from complying with the state’s renewable fund manager or their recipients want to take enhance, preserve and promote the state’s energy standard would be required of utilities off the top for administrative costs. The bill agricultural heritage. under a bill held over April 13 by the House would allow three of the four fund managers — S. Hegarty Environment, Energy and Natural Resources to use up to 5 percent of their allocated funds Policy and Finance Committee for possible for administrative costs, and for indirect If you will be visiting the Capitol in the near future, omnibus bill inclusion. costs and overhead charges. The Outdoor call the Capitol Historic Site Program Sponsored by Rep. Peggy Scott Heritage Fund, managed by the Lessard- at 651-296-2881 to schedule a tour. (R-Andover), HF1375 is an attempt to Sams Outdoor Heritage Council, does not

12 Session Weekly April 15, 2011 Health & Human Services staff are expected to be included in the The House Commerce and Regulatory discussion throughout the conference Reform Committee approved the bill committee process. Department of Human April 7. A companion, SF880, sponsored HHS conferees confer Services Commissioner Lucinda Jesson told by Sen. Michelle Benson (R-Ham Lake), Conferees began work April 13 on conferees that the governor will refrain awaits action by the Senate Commerce and the omnibus health and human services from negotiating on the bill until after the Consumer Protection Committee. finance bill (HF927/SF760*) by reviewing House and the Senate have worked out their Gottwalt said the bill is intended to ensure a side-by-side comparison in revenues and differences. that any new health care mandates are expenditures among the House and Senate One of the governor’s biggest concerns on necessary. He said Minnesota has the second versions. Each calls for about $1.6 billion in the bill is the budget targets placed by the largest number of health care mandates in the cuts from projected General Fund spending House and Senate, Jesson said. nation. in the next biennium. “But while there are significant differences The bill also would direct the commissioner Although there are differences, the target between Gov. Dayton’s proposal and to examine existing state benefit mandates in numbers are close, and the two bodies those made in your health and human light of federally defined essential health should be able to resolve their differences services bill there are certainly also areas of benefits within 180 days after they are in a productive way, said Sen. David Hann agreement, and I remain confident that we promulgated. (R-Eden Prairie), who chairs the Senate will find numerous areas for cooperation and Rep. Joe Atkins (DFL-Inver Grove Health and Human Services Committee. agreement,” she said. Heights) introduced, and later withdrew, The House version contains a $300 million — Hank Long two amendments related to a state health global Medicaid waiver that is not contained insurance exchange that could benefit in the Senate’s proposal. Health benefit mandates evaluated individuals and small employers. One was The Senate outlines $921 million in savings Mandated health benefits are a boon HF497, which Gottwalt sponsors, awaiting from elimination of Medical Assistance to some but a burden to others, including action by the House Health and Human eligibility for adults without children that the self-insured and small-business owners Services Reform Committee. would take effect by Oct. 21, 2011. The who must weigh costs against the benefits “I simply want to make sure we pass an House version shows $457 million in savings of providing employees with insurance. exchange bill this year so that we don’t leave for the same program at a later date. HF926, sponsored by Rep. Steve it up to the federal government to impose a Conferees are expected to meet April 18, Gottwalt (R-St. Cloud), would require any health insurance exchange on Minnesota,” before the Legislature takes a weeklong new proposed health benefit mandates be Atkins said. break, said Rep. Jim Abeler (R-Anoka), evaluated by the commerce commissioner Gottwalt said he was working with those who chairs the House Health and Human within 30 days of a request. It would who wanted further input. “We’ll address Services Finance Committee. apply only to health benefits in statute or it in our own time and way.” He said Jan. The governor’s appointed health and included in bills, not in amendments or 1, 2013, is when the federal government human services commissioners and their likely to be introduced in a bill. will evaluate state exchange planning, and Jan. 1, 2014, is when they would step in to implement a federal plan if a state plan isn’t in the works. — K. Berggren

Greater independence People with disabilities should be able to live with minimal constraints instead of minimal freedoms. That’s the principle behind proposed legislation that would establish a state task force to help create a new system of supports for individuals with a disability. Sponsored by Rep. Jim Abeler (R-Anoka) HF1339 would create the My Life, My Choices Task Force to study issues related to helping individuals with a disability achieve greater independence and then propose legislation that helps enact reforms. The House Health and Human Services Reform Committee approved the bill April

photo by andrew vonbank 12 and sent it to the House Government During an April 12 conference committee, Rep. Jim Abeler, left, and Sen. David Hann listen to a side- Operations and Elections Committee. Its by-side comparison of revenues and expenditures among the House, Senate and governor’s versions companion, SF1101, sponsored by Sen. of the omnibus health and human services finance bill. David Hann (R-Eden Prairie), awaits action

April 15, 2011 Session Weekly 13 a representative from the Department “When in doubt, sit them out,” Meyer of Human Services and representative summarized. from the business community and several That’s the goal of Rep. Rod Hamilton professionals who work to advocate for (R-Mountain Lake), who sponsors HF905, persons with disabilities. which would require a coach or official — H. Long to remove athletes who show signs of a concussion from games or practices until ‘When in doubt, sit them out’ a medical professional determines they’re Kayla Meyer has played hockey since she recovered. was 3 years old. Now 15, the effects of two The committee approved the bill and sent concussions that weren’t treated properly it to the House Health and Human Services kept her home from school for 68 days during Reform Committee. Sen. Michelle Benson the past two years with headaches and other (R-Ham Lake) sponsors a companion, symptoms that have persisted 16 months. SF612, which awaits action by the Senate The New Prague Senior High School Education Committee. ninth-grader told the House Education The bill would also require organizers Reform Committee April 8 that her coaches of fee-based youth athletics, including even suggested that she “put on a helmet and schools, cities and nonprofit organizations, skate through it.” After a couple of weeks off, to provide all parents, athletes, coaches and she still had symptoms. officials with Centers for Disease Control “Players today have their mindset that information about signs and symptoms of a ‘I’m tough and strong’ whether they’re a girl concussion, and protocols if one is suspected. or a guy. … Coaches, teammates, players, Annual training for coaches and officials parents, team trainers and doctors need more would be required. photo by andrew vonbank information about concussions and brain A concussion has different effects on Mark Peterson, president and CEO of Lutheran injuries, to help people not go through what different people, but tends to be worse in Social Services, testifies April 12 before the House Health and Human Services Reform Com- I’m going through. young people, and “can be catastrophic,” even mittee in support of a bill that would establish a fatal, in some youth who have had more than My Life, My Choices Task Force. one, said Michael Bergeron, a professor of pediatrics at the Sanford School of Medicine by the Senate Health and Human Services at the University of South Dakota, and a Committee. member of the sports medicine advisory “We thought that it was quite important committee for the National Federation of to help the state imagine a new system of State High School Associations. supports for persons with disabilities that — K. Berggren would put the person with disabilities at the center of the work, that would consolidate funding streams and allow a person with Housing disabilities themselves to decide what services would be provided by whom and under what Accurate water bills in home parks conditions,” said Lutheran Social Services People who live in manufacured home CEO Mark Peterson. parks should pay for the water they actually “It’s an exciting hallmark that we have even use instead of subsidizing neighbors’ use. come to a time to have a bill with this title That’s why Rep. Tim Sanders (R-Blaine) with this subject,” said Rep. Mary Kiffmeyer sponsors HF562, which would permit sub- (R-Big Lake). “I remember when it used to be metering in these home parks, at the park ‘my institution, no choices.’” owner’s expense, so residents pay only for Rep. Diane Loeffler (DFL-Mpls) wants to what they use, rather than an amount rolled see more people with disabilities on the task into their monthly rent. force. The bill’s current language states that Passed 115-14 by the House April 11, it one person with a disability and two people awaits action in the Senate. Sen. Warren who are family members of an individual Limmer (R-Maple Grove) is the Senate with a disability would be appointed to the photo by tom olmscheid sponsor. task force. Kayla Meyer of New Prague points to the spot Sanders said the bill “promotes equity, Abeler said he plans to work with Loeffler where she struck her head on the ice while cost savings and conservation” and has the to draft amended language that reflects her playing hockey, as she testifies April 8 before support of the League of Minnesota Cities concerns. the House Education Reform Committee for and the Minnesota Manufactured Housing Other members of the task force a bill that would establish policies for youth athletic activities when a youth athlete suffers Association. would include the lieutenant governor, a concussion. Rep. Melissa Hortman (DFL-Brooklyn

14 Session Weekly April 15, 2011 Park) asked if it would be possible that misunderstands what’s available to them if “People doing time should be productive landlords could inflate the monthly rent we are going to put it in the statute book.” in their course of doing time,” said to include an upcharge for water. Rep. John Lesch (DFL-St. Paul), who Corrections Commissioner Tom Roy. “We do not believe so; we believe we’ve put supported the measure, said that in certain It would also help the bottom line because some of the consumer protections in place,” instances statutory sign posts can be produce grown would be intended for inmate Sanders said. For example, the bill would worthwhile. consumption. In states where programs require that landlords break down billing — H. Long already exist, Gruenhagen said “it has saved on a statement to reflect actual water usage. thousands, and in some cases, millions — K. Berggren Inmate gardening program proffered of dollars in terms of food costs for the Tomatoes, cucumbers, radishes and green correctional facilities.” Excess crop could be donated to food Public Safety peppers could help prisoners learn a new skill and help the Corrections Department’s shelves and other charities located near the bottom line. prison. Produce that cannot be donated may Sponsored by Rep. Glenn Gruenhagen be sold. Rep. Bill Hilty (DFL-Finlayson) Sex offender residency restrictions (R-Glencoe), HF467 would direct the unsuccessfully tried to amend the bill to A young girl was molested by her next department to establish a gardening program remove the selling provision. door neighbor. The juvenile offender received at state correctional facilities where space “I would highly doubt we’ll produce treatment as part of a plea bargain and was exists. enough crops for sale,” said Roy. “I know how released to his family. The victim’s family Approved April 12 by the House Public hungry our inmates are usually.” asked for a residency restriction order, but Safety and Crime Prevention Policy and Rep. Sheldon Johnson (DFL-St. Paul) were told by the judge hearing the case Finance Committee, the bill was sent to the raised concern about a thinly stretched guard that nothing could be done to prevent the House Agriculture and Rural Development staff having to do more by overseeing inmates offender from living next door upon his Policy and Finance Committee. It has no working in a garden. completion of the treatment. Senate companion. “Inmates involved in this activity would be Apparently the judge was wrong. Rep. Gruenhagen said gardening would be our honor inmates that might not need real Keith Downey (R-Edina) sponsors HF229 good for an inmate’s work ethic, would teach close scrutiny as they go about their day,” Roy that would authorize a court to bar a juvenile horticulture skills and help lower violence by said. “There would not necessarily be these found guilty of a sex crime from residing reducing inmate idleness. operations initially in our very high security within 1,000 feet, or three city blocks, of the prisons.” victim. Paul Hugunin, program coordinator for The bill was approved April 12 by Minnesota Grown, said some small farmers the House Judiciary Policy and Finance have expressed concern about having the state Committee and sent to the House Public prison system become another competitor Safety and Crime Prevention Policy and when it comes to marketing crops. Finance Committee. Its companion, SF76, “I would hardly believe that we could sponsored by Sen. Geoff Michel (R-Edina), force that much competition out of the state awaits action by the Senate Judiciary and prisons that would hurt the market, and we Public Safety Committee. already put out products from MINNCOR Downey said the bill would insert in competition with other folks, so it’s permissive language to ensure the court not like we’re breaking new ground here,” system fully understands that a judge has said Committee Chairman Tony Cornish the option to issue such restraining orders (R-Good Thunder). in cases similar to the one he described. — M. Cook “As part of the plea bargaining, the family really was most interested in gaining their Disaster relief technical changes daughter some separation from the offender,” Lessons learned from last year’s emergency Downey said. “But they were almost flat- flood relief efforts are the basis for a bill out told it wasn’t possible in the court of sponsored by Rep. Steve Drazkowski jurisdiction they were in.” (R-Mazeppa). The bill says that the offender would have HF1088 contains a package of proposed to be over age 15 and that the residency changes to laws that govern how the state restriction could be ordered for all or part photo by andrew vonbank conducts relief operations for natural of the time that the offender is under court disasters. The House Government jurisdiction. Corrections Commissioner Tom Roy, left, testifies before the House Public Safety and Crime Operations and Elections Committee Rep. Tina Liebling (DFL-Rochester) Prevention Policy and Finance Committee approved the bill April 13 and sent it to the questioned the need for the legislation April 12 in support of a bill that would permit House Transportation Policy and Finance the Corrections Department to implement an because it simply offers a “sign post” to Committee. judges for something they can already do. “I inmate gardening program at state correctional facilities. Rep. Glenn Gruenhagen, right, sponsors The provisions are largely technical, wonder if every time a prosecutor or judge the bill. and have to do with how different state

April 15, 2011 Session Weekly 15 agencies are allowed to spend disaster relief Rep. King Banaian (R-St. Cloud) praised Fund are not common, according to appropriations. the bill, and said it helps bring an outside Minnesota Management & Budget. While Kris Eide, director of Homeland Security perspective to government operations. the department is not required to maintain and Emergency Management, said she and “People inside government try as hard as a list of the gifts for historical purposes, it others involved in drafting last fall’s special they can to do the best job; they just simply must maintain the gift acceptance forms for session flood relief bill realized the law was don’t know everything. And there are folks four years; then the records are destroyed. in need of updating. outside that know something that’s valuable,” Current department records show the “Those of us that were working on the he said. largest donation was a December 2008 check disaster relief bill realized that there were But Kent Allin, the state’s chief for $22,685 “to help the needy and sick.” needs of the communities identified that procurement officer, said the Department There were three donations in 2009: weren’t adequately addressed in the current of Administration has used strategic sourcing • $83.42, 10 percent of the donor’s state tax (law),” she said. for years. He said many cost savings have refund designated to “General Fund for Examples of changes proposed in the bill already been achieved and questioned how state expenses”; include: much could be gained by using an outside • $53 gift as “overpayment of income tax to • allowing the Health Department to waive consulting firm. be applied to state debt”; and the 60-day written notice requirement “That’s not to say there’s not room for • three $100 bills in an unmarked envelope regarding layaway of nursing home beds; improvement, but clearly any low-hanging with the enclosure: “Money I believe I owe • restricting the use of money from the fruit has been picked,” Allin said. the State of Minnesota.” Minnesota Investment Fund to address Moreover, he said the consultants’ In 2010 the state received $12,087.29 from physical damages only; percentage-based fee has led to lawsuits in the Minnesota Historical Society as the • allowing certain state funds to be used other states, where the consultants disagreed balance from unspent donations made to the for demolition and design purposes for with state officials on how much money was Minnesota Sesquicentennial Commission. reconstruction projects; and actually saved. — L. Schutz • allowing the Public Safety Department Rep. Phyllis Kahn (DFL-Mpls) suggested to use flood relief appropriations to help the consulting firm should have to pay for Gov’s tax bill gets taxing hearing coordinate long-term recovery activities. an independent third party to determine the The time allotted for the House Taxes Sen. Mike Parry (R-Waseca) sponsors the actual savings recouped by the state. Committee’s deliberation of Gov. Mark companion, SF1044, which was laid over Sen. John Carlson (R-Bemidji) sponsors Dayton’s tax proposals was only long enough April 5 by the Senate Judiciary and Public the companion, SF908. Both Downey’s and to get through three of the 42 testifiers ready Safety Committee. Carlson’s bills have been incorporated into to weigh in. — N. Busse the respective House and Senate versions of Sometimes contentious, with one audience the omnibus state government finance bill member having to be removed because of (HF577/SF1047*). State Government continued outbursts, the April 13 meeting — N. Busse showcased the policy push-pull between Dayton and his proposed income tax Strategic sourcing proposed Taxes increases and the Republicans’ stand that Rep. Keith Downey (R-Edina) thinks new taxes would not be part of the fix to solve private consultants can save the state money the state’s $5.1 billion deficit. on its purchasing activities, but a state official Donations sought for General Fund Sponsored by Rep. Michael Paymar (DFL- said they’re already doing some of the work In February, Gov. Mark Dayton received St. Paul), HF1231 lays out the governor’s new themselves. a $1,677.97 check from a resident with 10.95 percent tax rate on the state’s highest Downey sponsors HF1234 that would direction that the money go toward reducing income earners; a new state property tax direct the Department of Administration the state deficit. The donator calculated the on homes and seasonal recreation property to seek proposals for “strategic sourcing” amount as their share of the deficit. valued at more than $1 million; increased consulting services. Under the plan, a private In an effort to make it easier to make income subject to corporate tax; and various company would look for efficiencies in the contributions to the state coffers, Rep. Greg other tax and sales tax provisions. state’s procurement operations and take a Davids (R-Preston) sponsors HF247 that Committee Chairman Greg Davids percentage of whatever savings result. would authorize tax filers to make additional (R-Preston) held the bill over for further The House State Government Finance contributions to state government either discussion sometime after Easter. However, Committee approved the bill April 13 and through designating a portion of their refund with the House and Senate discussing their referred it to the House Ways and Means or adding an amount to their tax liability. tax positions in conference committee, it is Committee. Approved by the House Taxes Committee likely the governor’s proposals will be part of Downey said the state is estimated to April 13, the bill was amended to set a $10 the mix. spend between $2 billion and $4 billion of minimum donation. As approved, it now “We all recognize that we have to make some its budget on various products and services. moves to the House floor. Its companion, painful cuts, and we are prepared to work with He said more efficient purchasing could SF872, sponsored by Sen. Julianne Ortman you in a fair and balanced way that does not lead to a 5 to 10 percent savings, based on (R-Chanhassen), awaits action by the Senate harm our state,” Paymar said. He referenced the experiences of companies in the private Taxes Committee. the omnibus finance bills passed by the House sector. Monetary gifts to the state’s General and Senate and a recent analysis by Minnesota

16 Session Weekly April 15, 2011 and credit proposals for the upcoming biennium are $877 million in the House and $729 million in the Senate. Davids said the committee will most likely begin meeting in earnest April 26. Besides conferees, also seated at the table were the governor’s negotiating team of Commissioner of Revenue Myron Frans and Assistant Commissioner Matt Massman. — L. Schutz

Transportation

Collector vehicles with lights Parades sometimes feature antique or collector public safety vehicles like fire trucks and ambulances with working red or other colored emergency lights. While it is OK to drive the vehicles in the photo by tom olmscheid parade or classic car show, technically it is Invest in Minnesota Outreach Coordinator Leah Gardner wears a “Raise Revenue Fairly” shirt as she listens to testimony on Gov. Mark Dayton’s tax plan during the April 13 meeting of the House Taxes illegal to drive them to the event. Committee. “The lights on these vehicles are nonconforming to current legal standards Management & Budget and the Department taxed. “We are in complete agreement that for who can display blue lights and red lights of Revenue showing the bills out of balance by there is one thing we can agree on,” said and where they have to be actually on the $1.2 billion in the House and $1.16 billion in Senate Taxes Chairwoman Julianne Ortman vehicle,” said Bill Strusinski, representing the the Senate. He said the Republican approach (R-Chanhassen). The provision to bring the Minnesota Fire Chiefs and the Minnesota “doesn’t get the job done.” state in line with the national Streamlined Street Rod associations. “These are not used Revenue Commissioner Myron Frans Sales Tax Agreement is a small piece of the for general transportation; they’re not being described the governor’s position as a tax provisions that the House and Senate driven on the street everyday as personal balanced approach. “It is the governor’s belief need to agree on before the bill HF42*/SF27 drivers or for work.” that we need to provide increased revenue, can move forward. Sponsored by Rep. Deb Kiel (R-Crookston), over time, to deal with the fact that we do not The conferees got their first official look HF922 would allow the vehicles to be driven generate enough revenue on a yearly basis to at the each other’s proposals April 14. The on streets provided a proper collector or fund the level of government the citizens of House proposes to reduce the amount of classic car license plate is displayed. Minnesota have come to expect.” tax revenue available by $330.7 million in Approved April 11 by the House “The governor’s proposal expands state the 2012-2013 biennium, while the Senate Transportation Policy and Finance government by 22 percent,” said Rep. Steve figure is around $154.8 million. Committee, the bill was sent to the House Gottwalt (R-St. Cloud). He said that income This difference could pose a problem for Public Safety and Crime Prevention Policy tax revenue is “unstable,” and questioned smooth negotiation going forward, said and Finance Committee. A companion, adding revenue at a time when businesses and Rep. Greg Davids (R-Preston), who chairs SF532, sponsored by Sen. Ray Vandeveer individuals are experiencing flat revenue. “I the House Taxes Committee. However, he (R-Forest Lake), awaits action by the Senate don’t find that balanced or responsible.” expects quick agreement on provisions that Transportation Committee. Rep. Sarah Anderson (R-Plymouth) have little or no cost that are contained in Kiel said an amendment would be questioned Frans’ contention that the the bill. proposed in the public safety committee that governor’s proposal would make Minnesota Major differences include a provision the emergency lights on the vehicles cannot more competitive. “In reality, he is making by the House to reduce income tax rates be used when travelling to or from an event. Minnesota one of the highest taxed states in for lower and middle brackets at a cost of — M. Cook the nation,” she said. $221 million in fiscal years 2012-2013. The The bill’s companion, SF925, sponsored Senate does not support the provision. Local Instructional permit eligibility by Sen. John Marty (DFL-Roseville), awaits Government Aid proposals differ as well, To be eligible for an instructional permit, action by the Senate Taxes Committee. with the House proposing a phase-out of aid a person under age 18 must now complete — L. Schutz to cities of the first class, which is not among the classroom phase of driver’s training. the Senate’s priorities. A bill sponsored by Rep. Bruce Anderson Tax proposal differences Both the House and Senate support local (R-Buffalo Township) would lower the The House, Senate and governor can government redesign initiatives that would eligibility. agree on one thing when it comes to taxes have a cost to the General Fund. Held over April 11 by the House — downloadable ringtones should not be Overall cost savings from all tax aids Transportation Policy and Finance

April 15, 2011 Session Weekly 17 Committee for possible omnibus bill “However, the suspect’s vehicle intentionally company benefits students who live a long inclusion, HF867 would allow permit struck the deputy’s squad car, accelerating up distance from a training program, families issuance to someone who has yet to complete the ramp in a Lincoln Town Car to a speed that struggle transporting a learner to and the classroom portion of driver’s education of 90 mph in an intentional and vicious act. from a driving program and students who if they are: As a result Deputy Liebenstein suffered fatal want to take a full class load during the • enrolled in a concurrent driver educa- injuries and died at the scene at the age of school day and take driver’s education at a tion program that utilizes simulation or 40.” He left behind a wife and three young more convenient time. behind-the-wheel instruction as approved children. “Students learn in all kinds of different by the Department of Public Safety; The bill identifies four locations for ways. The thing that is probably the greatest • completes 15 hours of classroom instruc- memorial signs to be placed, including near disservice we can do to a child is to try and tion; and where the northbound and southbound off- fit 30 different shaped pegs through the same • completes one behind-the-wheel lesson ramps to County Road 1 where Liebenstein square hole,” Buesgens said. with an instructor before driving with any was killed. Signage costs would come from Among concerns addressed by opponents other licensed adult age 21 years or older. non-state sources. were that online training does not provide There is no Senate companion. Cassandra Isackson, assistant traffic for different scenarios, such as weather John Palmer, a professor of health and engineer with the Department of conditions, and that a classroom offers safety at St. Cloud State University, said Transportation, said the department is more opportunity for discussion, practical national standards for driver education and concerned about the number of signs and the demonstrations, guest speakers, local training indicate that “states should ensure proposed locations, but vowed to work with tailoring, interaction with other students that instruction of novice teens is completed the local community to honor Liebenstein. and accountability for every student. “Our using concurrent, integrated classroom and She recommends putting the signs in a major concern is that the safety of teens is in-car instruction where the bulk of the nearby rest area, as is the case with the being compromised for convenience,” said classroom instruction occurs close in time “Theodore Foss Memorial Highway” along Cindy Thienes, secretary/treasurer of the to the in-car instruction to ensure maximum Interstate 90 in southeastern Minnesota. Minnesota Driving School Association. transfer of skills.” A companion, SF330, sponsored by Sen. “Generally, teens are easily distracted and He said Minnesota is the only state that Mike Parry (R-Waseca), was scheduled to be they tend to look for the easiest way out. … prohibits this practice. “In statute you cannot heard April 14 by the Senate Transportation Sometimes safety requires inconvenience.” teach an integrated program of classroom Committee. “The real backstop here is the test,” Simon and behind-the-wheel,” Palmer said. “We — M. Cook said. “No kid in Minnesota is going to get his believe that the language that is in Rep. or her driver’s permit unless they pass that Anderson’s bill carves out a reasonable Online driver’s education multiple-choice test.” ground for that by requiring 15 hours of Of all the things teenage students can learn A 2009 study by the Department of Public classroom and at least one behind-the-wheel online, they cannot take driver’s training. Safety concluded there is “no evidence that lesson prior to the student being able to go A bill sponsored by Rep. Mark Buesgens students taking an online course fared any out and practice with an adult.” (R-Jordan) would change part of that. worse or better on exit exams,” Tsifrin said. — M. Cook HF615 would allow the 30-hour classroom — M. Cook portion of driver’s education to be Internet- Designation to remember deputy based, provided the program has been It’s been nearly 15 years since Rice County approved by the Department of Public Stay Informed Sheriff Deputy John Liebenstein was killed Safety. Behind-the-wheel instruction would in the line of duty. still be done in the traditional way. • Subscribe to Session Weekly or Session Rep. Patti Fritz (DFL-Faribault) sponsors “This really is about allowing one other Daily: www.house.mn/hinfo/subscribesw. HF459 that would designate a portion option on the menu for how kids can get their asp#bymail of Interstate 35 through Rice County as driver’s training,” Rep. Steve Simon (DFL-St. • Follow us on Twitter: “Deputy John W. Liebenstein Memorial Louis Park) told the House Transportation twitter.com/MNHouseInfo • Like us on Facebook: Highway.” The bill was held over April 13 Policy and Finance Committee April 11. www.facebook.com/MNHouseInfo by the House Transportation Policy and Simon sponsored a similar bill in previous • View our videos on YouTube: Finance Committee for possible omnibus years. www.youtube.com/user/MNHouseInfo bill inclusion. Approved two days later by the committee, • For information on any of these services: Former Rice County Sheriff Richard Cook the bill awaits action by the House Public 651-296-2146 or 800-657-3550 said that on May 3, 1996, law enforcement Safety and Crime Prevention Policy and officers were pursuing a suspect in a stolen Finance Committee. A companion, SF499, vehicle south on Interstate 35 through Rice sponsored by Sen. John Sterling Howe County near Dundas and Northfield. (R-Red Wing), was held over April 12 by Moving? “Deputy Liebenstein positioned his the Senate Transportation Committee for Please help save postage costs by keeping us patrol car at the top of an off-ramp of I-35 possible omnibus bill inclusion. informed of address changes. at County Road 1 in an attempt to stop the DriversEd.com founder and COO Gary Call 651-296-2146 or 800-657-3550. suspect’s vehicle being pursued,” Cook said. Tsifrin said the course proffered by his

18 Session Weekly April 15, 2011 150th Anniversary of the Civil War

n April 1861, Minnesota became the first state to offer up Photos and story by Kristin Schue soldiers for the Union effort in the launch of the Civil War. News of Confederate forces firing upon Fort Sumter, S.C., traveled to Minnesota Gov. Alexander Ramsey, who was in Washington, D.C. The governor telegraphed Lt. Gov. Ignatius Donnelly I to gather volunteers across the state to establish the First Minnesota Infantry Regiment. On April 9 at the State Capitol, actors dressed in uniform as part of a Civil War Flag Day event hosted by the Minnesota Historical Society.

Top photo: Actors play the drum and fife on the Capitol steps while soldiers stand near during the Civil War reenactment. Left Photo: Tom Gall is dressed in a 3rd Regiment Corporal uniform for the April 9 event. Right Photo: Ted Whitten suited in a Private sac coat and forge cap.

April 15, 2011 Session Weekly 19 At Issue: Education

Historic St. Paul walkout Illegal action changed teacher bargaining; a new debate rises over right to strike

By Kris Berggren member who’s been the lead negotiator for vercrowded classrooms. two contracts in his home community. Fabian said labor negotiations in cities Deteriorating school like St. Paul are as likely to be conducted buildings. Inadequate school by lawyers as teachers, but in towns like his, O the people on the other side of the table are funding. A business community people with whom he plays golf, attends resisting tax increases. church, even his former students. He can’t imagine they would impose conditions that would be so intolerable they’d warrant a That could be a contemporary laundry said Helen Conway, a school principal strike, which can leave deep, divisive imprints list of school problems — but they were the quoted in the St. Paul Pioneer Press on Nov. on a small community. reasons for a 1946 teachers strike in St. Paul, 27, 1946, who picketed with the teachers. Teachers today are as likely to bargain for the first such strike in the nation. “Since you can’t put kids in cold storage, the such workplace conditions as professional The St. Paul Federation of Teachers locals problem of good teachers and good facilities development and site-based evaluation as they – the women’s local 28 was formed in 1918, might as well be met head-on.” are for more compensation. There hasn’t been and men’s local 43 in 1919 – had a history a school strike since a contract deadline and of activism, having won tenure and pension This is now district penalty was imposed in 1995, except rights. A walkout was unprecedented and Depending on this session’s outcome, for strikes in International Falls, Red Wing illegal, but working conditions had become teacher strikes could again become illegal, or and Crosby-Ironton between 2001 and 2005, intolerable. they could merely remain untenable because when the deadline was temporarily lifted. Many school buildings were poorly of penalties and deadlines in current law or This year’s omnibus education finance maintained or inadequate. One elementary community’s will to avoid them. bill, HF934, sponsored by Rep. Pat Garofalo school had just one bathroom and sink for “This is not 1946. My sense is the situation (R-Farmington), would prohibit teachers 180 students. Many schools lacked toilet now is very different,” said Rep. Dan Fabian from striking. Collective bargaining would paper, soap and towels. Some classrooms (R-Roseau) a high school teacher and union be limited to certain months of the year were heated by a single and teachers would be required to accept a coal stove. Snow blew qualified economic offer from districts if it t h rou g h w i ndow included an increase at least equivalent to any cracks in others. increase in basic revenue formula. Changes Some buildings were are proposed to tenure laws and the teacher condemned by fire or evaluation process. Some DFL members see public safety officials. the proposals as riding a national wave of St. Paul teachers union-busting. were paid less than “Through a series of portions of this bill any similar sized city we pull a full ‘Walker’ on the teachers and except Birmingham, other education employees in the state of Ala. Textbooks Minnesota,” said Rep. Jim Davnie (DFL- weren’t supplied, and Mpls) during floor debate on the bill March teachers often paid 30. He sees the ability to organize and strike for books for poor as a civil right as well as a time-honored way students. to make changes to unjust labor practices or “How can one statutes. teacher with a class “Some people — on both sides — want us to be like Wisconsin,” said Rep. Kurt of 49 teach first- Photo courtesy of the Minnesota Historical Society graders to learn to Bills (R-Rosemount), a high school teacher “Strike for Better Schools” read placards carried by striking teachers and read and give each one community supporters near Markfield Elementary School, November and member of Education Minnesota. The individual attention?” 1946. tensions and differences that surface in the

20 Session Weekly April 15, 2011 Legislators/teachers reflect on strikes

Depending on this session’s outcome, teacher strikes could become illegal, or they could merely remain untenable because of penalties and deadlines in current law or community’s will to avoid them.

Rep. Dan Fabian (R-Roseau), a high school teacher and union member, has been the lead negotiator for two contracts in his home community.“ This is not 1946. My sense is the situation now is very different.”

Rep. Jim Davnie (DFL- Mpls), a former social studies teacher, sees the ability to organize and strike as a civil right as well as a time- honored way to make changes to unjust labor Photo by Philip C. Dittes courtesy of the Minnesota Historical Society practices or statutes. The 1946 St. Paul teachers strike lasted five weeks from Nov. 25 to Dec. 27, during a particularly cold winter.

Rep. Kurt Bills (R-Rosemount) is a high Originally $6 per capita was dedicated to Ames Grade School, recalled in a 2003 article school teacher and schools, but in 1919 the city charter was in “Ramsey County History” that her family member of Education amended so that all funds went into the same circled the block in their 1938 Chevrolet in Minnesota. “For me personally there’s no pool. Any change required approval by 60 support of picketing teachers. “Dad would way I would walk out on percent of St. Paul voters. honk our horn in chorus with the other the kids.” But city officials, backed by well-funded supporters in their autos. We rolled down our opposition to raising taxes by the St. Paul windows in the cold air, pointed out and called Chamber of Commerce and the St. Paul Real to our teachers walking the picket line. They Estate Board, repeatedly put off demands to smiled, held up their signs, and waved back.” Rosemount High School teachers lounge put the question to citizens. Harvey Mackay, the envelope business and across bargaining tables across the state Finally the teachers, fed up with magnate, motivational author and syndicated are simply part of the profession, he said. intransigence by the city council, the St. Paul columnist, was a 14-year-old ninth-grader at “Teachers are animated, and sometimes we Charter Commission and the mayor, called St. Paul Central High School in 1946. He raise our voices, but we always come back and a strike to begin Nov. 25, 1946. Only 25 of remembers serving coffee to his teachers eat together.” the union’s 1,165 teachers crossed the picket on the picket line – and playing a lot of Bills questions whether teachers, if truly lines to work. The strike lasted until Dec. basketball at the Jewish Community Center hard pressed, would obey a strike ban. “We 27. After numerous delays, the city finally in the long weeks without classes. He said have always been a fairly outspoken and agreed to put a charter amendment to the St. Paul Central was better off than many confident group of people. ballot, and the union suspended the strike. city schools with less affluent families, but “For me personally there’s no way I would Voters eventually approved the amendment there was “no question the classrooms were walk out on the kids.” increasing per capita spending to $42, with crowded.” $18 dedicated to schools. It took until 1965 Mainly what Mackay recalls 65 years later That was then for the city to establish a school board and is the value of his public school education. The St. Paul teachers in 1946 didn’t want to create Independent School District 625. “The major perception on the part of all walk out either, but they concluded, after years Teachers enjoyed grassroots support. A of us that go to all the reunions is how lucky of attempts to follow legal channels, that only ministers’ association wrote to city officials: we were to have gone to St. Paul Central, and a strike would make their urgent point. “[W]e believe that a way must be found have been able to go on to higher education.” In 1946 the city had no board of education that will deal fairly with the members of a The 1946 strike he witnessed may have to oversee school funding or policy. Schools profession to whom is entrusted the training been his teachers’ last resort, but it was a giant competed with streets, sewers, water and of our children who are the future citizens of step towards putting schools and students other services for funding from a $30 per our democracy.” first. capita property tax limit established in 1912. Maxine Dickson, then a first-grader at

April 15, 2011 Session Weekly 21 BILL INTRODUCTIONS A P r i l 11 - 14, 2011 HOUSE FILES 1414 - 1494

Monday, April 11 HF1425-Anderson, S. (R) HF1435-Erickson (R) Thursday, April 14 Redistricting Commerce & Regulatory Reform HF1414-Melin (DFL) Legislative districting plan for use in State lottery director authorized to HF1445-Liebling (DFL) Transportation Policy & Finance 2012 and thereafter adopted. adopt rules for video lottery ticket Health & Human Services Reform Transportation state aid to cities dispensing machines. Body art technician provisions changed. provisions modified. HF1426-Anderson, S. (R) Redistricting HF1436-Loon (R) HF1446-Nornes (R) HF1415-Melin (DFL) Congressional districting plan for use Taxes Commerce & Regulatory Reform Government Operations & Elections in 2012 and thereafter adopted. Income-producing property valuation TCF Bank Stadium liquor license Fire and police department aid; relief provisions modified. conditions eliminated. associations extension provided for HF1427-Anderson, S. (R) submitting reports. Redistricting HF1437-Carlson (DFL) HF1447-Melin (DFL) Congressional and legislative districting Environment, Energy & Natural Environment, Energy & Natural HF1416-Gruenhagen (R) plans for use in 2012 and thereafter Resources Policy & Finance Resources Policy & Finance Veterans Services Division adopted. Taiwan supported as a part of the global Military personnel on leave resident Military affairs; nonpublic employees community. hunting licenses provided. reemployment rights protections HF1428-Westrom (R) extended. Public Safety & Crime Prevention HF1438-Kahn (DFL) HF1448-McFarlane (R) Policy & Finance Government Operations & Elections Commerce & Regulatory Reform HF1417-Marquart (DFL) Emily’s law established, and age of Health insurance benefits required to Credit or criminal history reliance Health & Human Services Finance extended jurisdiction juvenile be made available to domestic partners modified for employment requirements. Special event recreational camping prosecution for violent offenses lowered. of state employees if they are also made areas fees modified. available to spouses. HF1449-Urdahl (R) HF1429-Hortman (DFL) Government Operations & Elections HF1418-Woodard (R) Transportation Policy & Finance HF1439-Westrom (R) Uniform Faithful Presidential Electors Civil Law Safe routes to school program established Environment, Energy & Natural Act enacted and conforming changes Successor corporation asbestos-related and funded, bonds issued and money Resources Policy & Finance made. liabilities limited. appropriated. Zebra mussel pilot project funding provided and money appropriated. HF1450-McNamara (R) HF1419-Kriesel (R) HF1430-Slawik (DFL) Government Operations & Elections Commerce & Regulatory Reform Commerce & Regulatory Reform HF1440-Beard (R) Long-distance phone records of state Card clubs allowed to conduct banked Manufactured home park lot rentals Government Operations & Elections officials approved. high-stakes card games. new administrative remedy established Hydroelectric facility municipal for violations. approval exception provided. HF1451-McNamara (R) HF1420-Sanders (R) Environment, Energy & Natural Commerce & Regulatory Reform HF1431-Hilty (DFL) HF1441-Lanning (R) Resources Policy & Finance Residential contractors’ provision Environment, Energy & Natural Government Operations & Elections Shallow lakes management report of goods and services regulated and Resources Policy & Finance National Football League stadium required. enforcement provided. Transmission projects report provisions in Minnesota funding provided, modified. site selection process established, HF1452-Dettmer (R) HF1421-Norton (DFL) Minnesota Stadium Authority Veterans Services Division Health & Human Services Reform HF1432-Hilty (DFL) provided, Metropolitan Sports Facilities Tax credit for past military service Medical Assistance coverage modified to Environment, Energy & Natural Commission abolished, imposition eligibility modified. include consultations with psychologists, Resources Policy & Finance of taxes authorized, bonds issued and and Medical Assistance reimbursement Energy Conservation Information money appropriated. HF1453-Kahn (DFL) rate increased for critical access mental Center relieved from data-gathering Commerce & Regulatory Reform health services. responsibilities. HF1442-Erickson (R) Health insurance required to cover Environment, Energy & Natural routine health care received while HF1422-Simon (DFL) HF1433-Hilty (DFL) Resources Policy & Finance participating in a qualified clinical trial Commerce & Regulatory Reform Environment, Energy & Natural Recycled water use standards provided under certain circumstances. Professional athlete drug and alcohol Resources Policy & Finance and providing for natural pools. testing provisions modified. Utility report filing, weatherization HF1454-Hansen (DFL) programs and public utility commission HF1443-Scott (R) Government Operations & Elections HF1423-Gottwalt (R) assessment technical changes made Civil Law Political party inclusion on the income Health & Human Services Reform and provisions modified; obsolete and Residential tenant definition clarified. tax form and property tax refund return Child safety and permanency reform redundant language removed; and qualification requirements modified provided, including adoptions of reporting requirements provided. HF1444-Erickson (R) and candidate filing periods modified. children under guardianship of the Environment, Energy & Natural commissioner and criminal penalties HF1434-Gauthier (DFL) Resources Policy & Finance HF1455-Urdahl (R) provided. Transportation Policy & Finance Lake Ogechie wild rice project Legacy Funding Division Working capital loans to small businesses expenditure prohibited until legal State Capitol Preservation Commission HF1424-Anderson, S. (R) provided to secure contracts with analysis is completed. established and money appropriated. Redistricting government agencies. Metes and bounds district description code requirement in Minnesota Statutes eliminated.

22 Session Weekly April 15, 2011 HF1456-Hornstein (DFL) HF1466-Scott (R) HF1473-Hoppe (R) HF1485-Kriesel (R) Transportation Policy & Finance Civil Law Commerce & Regulatory Reform Commerce & Regulatory Reform Lake Street Transit Station funding Data practices technical changes made. Insurance definitions modified, life Lawful gambling tax rates modified, provided, bonds issued and money insurance and title insurance reserves linked bingo and electronic pull-tabs appropriated. HF1467-Cornish (R) modified, accounts and funding provided for, and clarifying, conforming Public Safety & Crime Prevention agreements regulated, obsolete and and technical changes made. HF1457-Morrow (DFL) Policy & Finance conflicting provisions repealed and Civil Law Human services commissioner directed conforming changes made. HF1486-Dittrich (DFL) Municipalities’ fire and rescue to report mental health commitment Environment, Energy & Natural equipment donation civil immunity information to the National Instant HF1474-Anderson, D. (R) Resources Policy & Finance extended. Criminal Background Check System Government Operations & Elections Permanent school fund fire suppression for the purpose of facilitating firearms Judicial election districts created, costs portion that may be assessed against HF1458-Kiel (R) background checks, reporting mandatory judge retirement date permanent school trust lands limited. Legacy Funding Division requirements created, time period amended, optional retirement dates Minnesota film projects reimbursement extended for renewal of permit to created and partial forfeiture of annuity HF1487-Myhra (R) program created. purchase a pistol from a federally imposed if elected retirement date results Education Reform licensed dealer, annual background in governor appointment. Statewide literacy initiative formulated HF1459-Lanning (R) check provided, courts required to to ensure students succeed in achieving Commerce & Regulatory Reform report certain data to the National HF1475-Lanning (R) grade-level reading proficiency by the Minnesota State University, Moorhead Instant Criminal Background Check Health & Human Services Reform end of grade 3, and data provided to alcohol license restrictions modified. System for the purpose of firearms Children and family services provisions improve student outcomes. background checks, authority of technical and policy changes made, HF1460-Slocum (DFL) public officials clarified and delimited MFIP and child care assistance program HF1488-Quam (R) Education Reform to disarm individuals at any time, law changes made, MFIP and diversionary Transportation Policy & Finance School district-sponsored collaborative on use of force in defense of home work program simplified and child Municipal state aid to cities formula charter school designed to enhance and person clarified, Minnesota’s support provision changed. modified. student achievement option created. self-defense and defense of home laws codified and extended, common HF1476-Scott (R) HF1489-Kelly (R) HF1461-Abeler (R) law duty to retreat in cases of self Commerce & Regulatory Reform Government Operations & Elections Health & Human Services Reform defense outside the home eliminated, Prevailing wage provisions modified. Voting status notices required, Human services licensing provisions boundaries of dwelling expanded for affirmative defense provided, duties and changes made, data practice provisions purposes of self-defense, presumption HF1477-Anderson, B. (R) requirements eliminated and working changed, Maltreatment of Vulnerable created in case of a person entering a State Government Finance group created. Adults Act amended and Human dwelling or occupied vehicle by stealth Veterans home permitted fund use Services Background Studies Act or force, available rights extended to expanded. HF1490-Erickson (R) amended. a person in that person’s dwelling to Education Reform a person defending against entry of HF1478-Kiffmeyer (R) Response to intervention model created HF1462-Howes (R) that person’s occupied vehicle, and Health & Human Services Reform and rulemaking required. Commerce & Regulatory Reform Minnesota recognition provided Minnesota sex offender program Residential written performance of other states’ permits to carry a provisions modified. HF1491-Fabian (R) guidelines required to be provided to pistol within and under the laws of Environment, Energy & Natural subcontractors. Minnesota. HF1479-Murdock (R) Resources Policy & Finance Jobs & Economic Environmental review and solid waste HF1463-Anderson, P. (R) HF1468-LeMieur (R) Development Finance land disposal facility permits rulemaking Environment, Energy & Natural Public Safety & Crime Prevention Wadena; street and utility improvement required. Resources Policy & Finance Policy & Finance funding provided, bonds issued and Waste Management Act modified. Forfeited firearm sale by law enforcement money appropriated. HF1492-Lohmer (R) agencies authorized at auction to Health & Human Services Reform HF1464-Brynaert (DFL) federally licensed firearms dealers. HF1480-Gunther (R) State Advisory Council on Mental Education Reform Commerce & Regulatory Reform Health member added. Paraprofessionals licensure HF1469-Persell (DFL) Racing commission powers provided requirements modified for those using Legacy Funding Division and persons permitted to place certain HF1493-Cornish (R) restrictive procedures. Niijii Broadcasting new programming wagers. Commerce & Regulatory Reform money appropriated. Distilled spirits primary source law HF1465-Scott (R) HF1481-LeMieur (R) created. Public Safety & Crime Prevention HF1470-Stensrud (R) State Government Finance Policy & Finance Government Operations & Elections Veterans homes special revenue account HF1494-Hortman (DFL) Counties permitted to use surplus State government resource recovery provisions modified. Environment, Energy & Natural law library money for court facility program changes made. Resources Policy & Finance costs; licensing requirements HF1482-Hornstein (DFL) Recyclable beverage container eliminated for temporary detention HF1471-Hortman (DFL) Transportation Policy & Finance refund placement required, beverage facilities and detoxification centers; Environment, Energy & Natural Driver’s license acceptable methods container labeling required, account appointment of counsel for a party Resources Policy & Finance of payment provided and surcharge established, reports provided and money in a paternity proceeding made Electronic device recycling requirements imposed. appropriated. permissive; sheriffs authorized to modified. determine the appropriate level HF1483-Hamilton (R) of staff needed to operate county HF1472-O’Driscoll (R) Health & Human Services Reform jails; and reports eliminated on Commerce & Regulatory Reform Dental practice provisions changed. interception of electronic and wireless Property management practices communications, county maintenance provisions modified and remedies HF1484-Kelly (R) of a detoxification facility and an provided. Education Reform administrative rule establishing Adult education tracking system staffing requirements for jail. modified.

April 15, 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

Editor/Assistant Director Moral support: Religion in Minnesota Lee Ann Schutz Percentage of Minnesotans attending worship services weekly or more...... 38 Assistant Editor Attending up to twice a month...... 39 Mike Cook Attending seldom or never...... 23 Percentage who believe government is too involved in morality...... 54 Art & Production Coordinator Paul Battaglia Percentage who believe government should do more to protect morality...... 37 Percentage of Americans who say religion is very important in their life...... 56 Writers Percentage of Minnesotans who say religion is very important, Kris Berggren, Nick Busse, Susan Hegarty, rank among states...... 52, 31 Hank Long Percentage of Mississippians, rank ...... 82, 1 Chief Photographer Percentage of those in New Hampshire/Vermont, rank...... 36, 46* Tom Olmscheid Minnesota clergy, annual mean wage...... $44,870 For directors of religious activities and education...... $53,270 Photographers For other religious workers...... $36,980 Kristin Schue, Andrew VonBank Mainline Protestants, as percent of the state population...... 31 Staff Assistants Evangelical Lutheran Church in America members in Minnesota...... 800,000 Christy Novak, Angella Hanson ELCA congregations in Minnesota...... 1,145 Catholics, as percent of the state population...... 28 • To have Session Weekly mailed to you, subscribe online at www.house.mn/ Number of Catholics in the 12-county Archdiocese of St. Paul and Minneapolis...... 800,000 hinfo/subscribesw.asp or call As percentage of metropolitan area population...... 25 651-296-2146, 800-657-3550. Number of Catholic parishes in archdiocese...... 217 Year diocese established by Vatican...... 1850 • Session Weekly Online is available at Evangelical Protestants, as percent of state population...... 21 www.house.mn/sessionweekly. Religiously unaffiliated, as percent of state population...... 13 Buddhist, Jewish, Muslim, historically black Protestant, each, • If you enjoy Session Weekly, please as a percent of state population...... < 1 consider helping to defray production Muslim population in Minnesota, estimated...... 150,000 and mailing costs with a voluntary donation for the 2011 session. Jewish population in Minnesota, estimated...... 42,000 Year first Jewish congregation formed in Minnesota...... 1856 Make your check payable to Minnesota — K. Berggren House of Representatives, and mail it to: *States with sample sizes that are too small to analyze are combined. As a result, the lowest House Public Information Services ranking is 46. 175 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. SOURCES: Archdiocese of St. Paul and Minneapolis; Islamic Center of Minnesota; Jewish Virtual St. Paul, MN 55155-1298 Library; Pew Forum on Religion and Public Life; U.S. Department of Labor Bureau of Labor Statistics; Evangelical Lutheran Church in America. For general information, call House Public Information Services at 651-296-2146 or 800-657-3550.